[Bill No. 2008-19, 5-19-2008]
A.
There
is hereby created a local municipal organization for the preparation
and the carrying out of all the emergency functions, other than functions
for which the military forces are primarily responsible, to minimize
and repair injury and damage resulting from disasters as defined in
Chapter 44, RSMo., and as may be amended.
B.
This
organization shall consist of a Director and a Local Director and
other additional members to be selected by the Director or Local Director
if so authorized by the Director in order to conform to the State
of Missouri organization and procedures for the conduct of emergency
operations as outlined in the State Survival Plan and/or State Emergency
Operations Plan and Program.
[Bill No. 2008-19, 5-19-2008]
A.
At the
first (1st) regular meeting of the City Council after the general
City election or as soon thereafter as practicable, it shall be the
duty of the Mayor, with the consent of a majority of all of the members
elected to the City Council, to:
1.
Appoint
some suitable person to the office of City Emergency Preparedness
Director. The City Emergency Preparedness Director need not be a resident
of the City of Chaffee, Missouri.
2.
Appoint
some suitable person to the office of City Emergency Preparedness
Local Director. The City Emergency Preparedness Local Director shall
be a resident of the City of Chaffee, Missouri, and may be the same
person as the City Emergency Preparedness Director.
The City Emergency Preparedness Director and the City Emergency Preparedness Local Director shall hold office for a term of two (2) years and until the successor for each respective office is duly appointed and qualified unless sooner removed as provided by Section 225.020(C).
3.
The
persons appointed to the offices of the City Emergency preparedness
Director and City Emergency Preparedness Local Director shall each
possess a thorough knowledge of the City and shall each be responsible
for coordinating the City, State and Federal emergency preparedness
activities. The City Emergency Preparedness Director shall direct
the operations of the Municipal Emergency Preparedness Organization
and in his/her absence the Municipal Emergency Preparedness Organization
shall be directed by the City Emergency Preparedness Local Director.
During any absence of the City Emergency Preparedness Director, the
City Emergency Preparedness Local Director shall have all of the authority
of the City Emergency Preparedness Director. The City Emergency Preparedness
Director shall prepare and create a City Emergency Management Plan.
B.
The Municipal
Emergency Preparedness Organization shall perform such emergency preparedness
functions within the municipality as shall be prescribed in and by
the State Emergency Operations Plan and Program prepared by the Governor,
and such orders, rules and regulations as may be promulgated by the
Governor, and in addition shall perform such duties outside the corporate
limits as may be required pursuant to any mutual-aid agreement with
any other political subdivision, municipality, or quasi-municipality
entered into as provided by Chapter 44, RSMo., and as may be amended,
or the State Survival Plan and/or State Emergency Operations Plan
and Program.
C.
The City
Emergency Preparedness Director and the City Emergency Preparedness
Local Director may be removed by the Mayor on the Mayor's own initiative
whether for cause or otherwise or on the initiative of all members
of the City Council by unanimous resolution with or without consent
of the Mayor, but only for cause.
[Bill No. 2008-19, 5-19-2008]
A.
The City
Emergency Preparedness Director shall appoint, provide without compensation,
or remove any personnel needed by the organization for the proper
function of its duties.
B.
The Director
shall form mobile support units as provided for in Chapter 44, RSMo.,
as amended, and the State Survival Plan and/or State Emergency Operations
Plan and Program and shall designate the leaders thereof.
C.
Any member
of a mobile support team who is a municipal employee or officer while
serving on call to duty by the Governor, or the State Director of
Civil Defense or State Emergency Preparedness, shall receive the compensation
and have the powers, duties, rights and immunities incident to such
employment or office.
[Bill No. 2008-19, 5-19-2008]
Every person appointed to serve in any capacity in the Municipal
Emergency Preparedness Organization shall, before entering upon his/her
duties, subscribe to the following oath, which shall be filed with
the Director.
"I, ___________________, do solemnly swear (or affirm) that
I will support and defend and bear true faith and allegiance to the
Constitution of the United States and the Constitution of the State
of Missouri and the territory, institutions and facilities thereof,
both public and private, against all enemies foreign and domestic;
that I take this obligation freely, without any mental reservations
or purpose of evasion; that I will well and faithfully discharge the
duties upon which I am about to enter. I do further swear (or affirm)
that I do not advocate, nor am I, nor have I been, a member of any
political party or organization that advocates the overthrow of the
government of the United States or this State by force or violence;
and that during such time as I am affiliated with the Municipal Emergency
Preparedness Organization, I will not advocate nor become a member
of any political party or organization that advocates the overthrow
of the government of the United States or of this State by force or
violence."
[Bill No. 2008-19, 5-19-2008]
The Mayor is authorized to designate space in any municipally
owned or leased building for the Municipal Emergency Preparedness
Organization as its office.
[Bill No. 2008-19, 5-19-2008]
A.
The Mayor,
with the approval of the Governor (or pursuant to the Statutes of
the State of Missouri), may enter into mutual-aid arrangements or
agreements with other political and private agencies within and without
the State for reciprocal emergency preparedness and civil defense
aid. Such arrangements or agreements shall be consistent with the
State Survival Plan and State Emergency Operations Plan and Program,
and in time of emergency it shall be the duty of each local organization
for emergency preparedness to render assistance in accordance with
the provisions of such mutual-aid arrangements or agreements.
B.
The Director
of the City Organization for Emergency Preparedness may assist in
negotiation of reciprocal mutual-aid agreements between his/her organization
and other public and private agencies and between the Governor and
the adjoining States or political subdivision thereof, and if the
mutual- aid agreements are adopted by the Governing Body of the City,
the Director of the Emergency Preparedness Organization shall carry
out arrangements or agreements relating to the City pursuant to said
agreements.
[Bill No. 2008-19, 5-19-2008]
In carrying out the emergency powers under the provisions of
this Chapter, the Mayor is directed to the use and services, equipment,
supplies and facilities of existing departments, offices and agencies
of the State and of the political subdivision, and the officers and
personnel of all such departments, offices and agencies are directed
to cooperate with and extend such services and facilities to the Governor
and the Missouri Emergency Management Agency upon request.
[Bill No. 2008-19, 5-19-2008]
Whenever the Federal Government or State Government, or any
officer or agency thereof, shall offer to the State, or through the
State to any political subdivision thereof, services, equipment, supplies,
materials or funds by way of gift, grant or loan for the purpose of
civil defense or emergency preparedness, the State acting through
the Governor, or the political subdivision acting with the consent
of the Governor and through its executive officer, may accept such
offer and upon acceptance the Governor or executive officer of the
political subdivision may authorize any officer of the State or of
the political subdivision, as the case may be, to receive such services,
equipment, supplies, materials or funds on behalf of the State or
the political subdivisions subject to the terms of the offer.
[Bill No. 2008-19, 5-19-2008]
In the event of an emergency as defined in the "Missouri Civil
Defense Act of 1959", as amended, the City Director of Emergency Preparedness
is authorized on behalf of the municipality to procure such services,
supplies, equipment or material as may be necessary for such purposes,
in view of the emergency, without regard to the statutory procedures
or formalities normally prescribed by law pertaining to municipal
contracts or obligations as authorized by Chapter 44, RSMo., as amended,
provided that if the City Council meets at such time, he/she shall
act subject to the directions and restrictions imposed by that body.
[Bill No. 2008-19, 5-19-2008]
In the event of enemy attack, the Mayor may waive any time-consuming
procedures and formalities otherwise required by Statute pertaining
to the advertisement for bids for the performance of public work or
entering into contracts.
