[R.O. 2008 §230.010; Code 1968 §7-1; CC 1988 §7-26]
There is hereby created within and for the City an emergency preparedness organization to be known as the Louisiana Emergency Preparedness Office.
The office is responsible for the preparation and implementation of the following emergency functions required to prevent, minimize and repair injury and damage due to disasters:
Emergency management of resources;
Administration of such economic controls as may be needed to provide for the welfare of the people; and
Emergency activities, excluding functions for which military forces are primarily responsible, in accordance with the Missouri Civil Defense Act, Chapter 44, RSMo., and the Missouri Disaster Operations Plan adopted thereunder.
[R.O. 2008 §230.020; Code 1968 §7-2; CC 1988 §7-27; Ord. No. 23-2016 § 1, 6-20-2016]
The emergency preparedness office shall consist of a coordinator and other members appointed by the Mayor and shall conform to the State organization and procedures for the conduct of emergency operations as outlined in the State disaster operations plan.
[R.O. 2008 §230.030; Code 1968 §7-3; CC 1988 §7-28]
The emergency management office shall perform emergency management functions within the territorial limits of the City and may conduct these functions outside the territorial limits as directed by the Governor during the time of emergency pursuant to the provisions of the State Civil Defense Act, Chapter 44, RSMo.
[R.O. 2008 §230.040; Code 1968 §7-4; CC 1988 §7-29]
The coordinator of the emergency management office shall be appointed by the Mayor and shall serve during the pleasure of the City Administrator.
The coordinator shall have direct responsibility for the organization, administration and operation of local emergency management operations.
The coordinator shall be responsible for maintaining records and accounting for the use and disposal of all items of equipment placed under the jurisdiction of the disaster planning and operations office.
[R.O. 2008 §230.050; Code 1968 §7-5; CC 1988 §7-30]
The City Administrator and the coordinator of the emergency preparedness office, in accordance with the State Civil Defense Act, Chapter 44, RSMo., may:
Appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons; the safety of property; and direct and coordinate the development of disaster plans and programs in accordance with the policies and plans of the Federal and State Governments;
Appoint, provide, or remove rescue teams, auxiliary fire and Police personnel and other emergency operations teams, units or personnel who may serve without compensation;
With the approval of the Governor and consistent with the State disaster operations plan, enter into mutual-aid agreements with other public and private agencies within and without the State for reciprocal emergency aid; and
Accept services, materials, equipment, supplies or funds granted or loaned by the Federal Government for emergency preparedness purposes.
[R.O. 2008 §230.060; Code 1968 §7-6; CC 1988 §7-31]
No person shall be employed or associated in any capacity in the emergency preparedness office established under this Chapter who advocates or who has advocated a change by force or violence in the constitutional form of the government of the United States or this State, the overthrow of any government in the United States by force or violence or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in the emergency preparedness office shall, before entering upon his/her duties, take an oath in writing before a person authorized to administer oaths in this State, which oath shall be substantially as follows:
"I, ____________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Missouri, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I 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; and that during such a time as I am a member of the Louisiana Emergency Preparedness Office 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."
[R.O. 2008 §230.070; Code 1968 §7-7; CC 1988 §7-32]
The City Administrator is authorized to designate space in any City-owned or leased building for the emergency preparedness office.
For purposes of this Section, the following terms mean:
- LAW ENFORCEMENT OFFICER
- Any public servant having both the power and duty to make arrests for violations of any ordinance or law of this State, and any Federal Law Enforcement Officer authorized to carry firearms and to make arrests for violations of the laws of the United States.
- REQUESTING ENTITY
- Any Law Enforcement Agency or entity within this State empowered by law to maintain a Law Enforcement Agency.
- SENDING AGENCY
- A Law Enforcement Agency that has been requested to provide assistance by a requesting entity.
Whenever any Law Enforcement Agency enters into a mutual aid arrangement or agreement with another entity as provided in Section 44.090, RSMo., any Law Enforcement Officer assisting the requesting entity shall have the same powers of arrest as he or she has in his or her own jurisdiction and the same powers of arrest as officers of the requesting entity. Such powers shall be limited to the location where such services are requested to be provided, for the duration of the specific event, and while acting under the direction of the requesting entity's Chief Law Enforcement Officer or his or her designee.
Any Law Enforcement Officer assisting a requesting entity under a mutual aid arrangement or agreement under Section 44.090, RSMo., shall be deemed an employee of the sending agency and shall be subject to the workers' compensation, overtime, and expense reimbursement provisions provided to him or her as an employee of the sending agency.
Any Law Enforcement Officer assisting a requesting entity under a mutual aid arrangement or agreement under Section 44.090, RSMo., shall enjoy the same legal immunities as an officer of the requesting entity, including sovereign immunity, official immunity, and the public duty doctrine.
Nothing in this Section shall be construed to limit the powers of arrest provided to a Law Enforcement Officer by any other law.