[R.O. 2013 §220.010; CC 1984 §5-1; Ord. No. 388 §2, 6-4-1962]
For the purposes of this Chapter or any Statutes in which the term "Chief Executive Officer" or "Executive Officer" is used, said term shall mean the Mayor of the City of Valley Park.
[R.O. 2013 §220.020; CC 1984 §5-2; Ord. No. 388 §1, 6-4-1962]
There is hereby created an Organization for Disaster Planning, for the preparation and the carrying out of all the emergency functions other than functions for which the military forces are primarily responsible, and to minimize and repair injury and damage resulting from disasters caused by enemy attack, in accordance with RSMo., Chapter 44.
This Organization shall consist of a Coordinator and such other additional members to be selected by the Coordinator as are approved by the Mayor and Board of Aldermen in order to conform to the State Organization and procedures for the conduct of emergency operations as outlined in the State Disaster Plan and Program.
[R.O. 2013 §220.030; CC 1984 §5-3; Ord. No. 388 §2, 6-4-1962]
The Coordinator of the City's Organization for Disaster Planning shall be appointed by the Mayor and shall serve until removed by the same.
The Coordinator shall have such responsibilities for the organization, administration and operation of this Organization as are delegated by the Mayor or as are otherwise provided by Statute or ordinance.
[R.O. 2013 §220.040; CC 1984 §5-4; Ord. No. 388 §3, 6-4-1962]
The City's Organization for Disaster Planning shall perform such emergency management functions within the City as shall be prescribed in and by the Comprehensive Plan for management of resources in time of emergency, prepared by the State Emergency Resources Planning Committee, 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., or the State Disaster Plan and Program.
[R.O. 2013 §220.050; CC 1984 §5-5; Ord. No. 388 §4, 6-4-1962]
The Coordinator shall appoint or designate, to serve without additional compensation, and may remove any personnel needed by the Organization for Disaster Planning for the proper function of its duties.
The Coordinator shall form mobile support units as provided for in Chapter 44, RSMo., and the State Disaster Plan and shall designate the leaders thereof.
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 executive head of the State Emergency Management Agency, shall receive the compensation and have the powers, duties, rights and immunities incident to such employment or office.
The Mayor or Public Safety Agency may enter into mutual-aid arrangements or agreements with other public and private agencies within and without the State for reciprocal emergency aid. Such arrangements or agreements shall be consistent with the State Disaster Plan and program and the provisions of Section 70.837, RSMo. and Section 320.090, RSMo. In time of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual-aid arrangements or agreements.
Any contracts that are agreed upon may provide for compensation from the parties and other terms that are agreeable to the parties and may be for an indefinite period as long as they include a sixty (60) day cancellation notice provision by either party. The contracts agreed upon may not be entered into for the purpose of reduction of staffing by either party.
At the time of significant emergency such as fire, earthquake, flood, tornado, hazardous material incident, terrorist incident, or other such man-made or natural emergency disaster or public safety need anywhere within the State or bordering states, the Mayor or Public Safety Agency or their designee may render aid to or request aid from any jurisdiction, agency, or organization even without written agreement, as long as he/she is in accordance with the policies and procedures set forth by the governing boards of those jurisdictions, agencies, or organizations. A public safety need, as used in this Section, shall include any event or incident necessitating mutual-aid assistance from another Public Safety Agency.
When responding to mutual aid or emergency aid requests, political subdivisions or public safety agencies shall be subject to all provisions of law as if it were providing service within its own jurisdiction.
All political subdivisions and public safety agencies within the State are, upon enactment of this legislation or execution of an agreement, automatically a part of the Missouri statewide mutual aid system. A City within the State may elect not to participate in the Statewide mutual aid system upon enacting an appropriate resolution by its governing body declaring that it elects not to participate in the statewide mutual aid system and by providing a copy of the resolution to the director of the Department of Public Safety or his or her designee.
The Missouri mutual aid system shall be administered by the Department of Public Safety, which may authorize any organization to assist in the administration of the mutual aid system. The Department of Public Safety may promulgate rules for this Section. Any rule or portion of a rule, as that term is defined in Section 536.010, RSMo., that is created under the authority delegated in this Section shall become effective only if it complies with and is subject to all of the provisions of Chapter 536, RSMo. and, if applicable, Section 536.028, RSMo. This Section and Chapter 536, RSMo., are non-severable and if any of the powers vested with the general assembly under Chapter 536, RSMo. to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.
For the purpose of this Section, public safety agencies shall include, but shall not be limited to, fire service organizations, law enforcement agencies, emergency medical service organizations, public health and medical personnel, emergency management officials, infrastructure departments, public works agencies, and those other agencies, organizations, departments, and specialized emergency response teams that have personnel with special skills or training that are needed to provide services during an emergency, public safety need, or disaster, declared or undeclared.
It shall be the responsibility of each political subdivision and Public Safety Agency to adopt and put into practice the National Incident Management System promulgated by the United States Department of Homeland Security.
In the event of a disaster or other public safety need that is beyond the capability of local political subdivisions, the local governing authority or Public Safety Agency having jurisdiction may request assistance under this Section.
Any entity or individual that holds a license, certificate, or other permit issued by a participating political subdivision, Public Safety Agency, or State shall be deemed licensed, certified, or permitted in the requesting political subdivision or Public Safety Agency's jurisdiction for the duration of the emergency or authorized drill.
Reimbursement for services rendered under this Section shall be in accordance with any local, state and federal guidelines. Any political subdivision or Public Safety Agency providing assistance shall receive appropriate reimbursement according to those guidelines.
Applicable benefits normally available to personnel while performing duties for their jurisdiction are also available to such persons when an injury or death occurs when rendering assistance to another political subdivision or Public Safety Agency under this Section. Responders shall be eligible for the same State and Federal benefits that may be available to them for line-of-duty deaths or injuries, if such services are otherwise provided for within their jurisdiction.
For the purposes of liability, all members of any political subdivision or Public Safety Agency responding under operational control of the requesting political subdivision or a Public Safety Agency are deemed employees of such responding political subdivision or Public Safety Agency and are subject to the liability and workers' compensation provisions provided to them as employees of their respective political subdivision or Public Safety Agency.
[R.O. 2013 §220.070; CC 1984 §5-7; Ord. No. 388 §6, 6-4-1962]
In carrying out the emergency powers under the provisions of this Chapter, the Board of Aldermen, Mayor, the Coordinator of the Organization for Disaster Planning and other officers of the City are directed to use the services, equipment, supplies and facilities of existing departments, offices and agencies of the State and of its various political subdivisions, and the officers and personnel of all such departments, offices and agencies of this City are directed to cooperate with and extend such services and facilities of the City to the Governor and the disaster organizations of the State as may be requested.
[R.O. 2013 §220.080; CC 1984 §5-8; Ord. No. 388 §7, 6-4-1962]
Whenever the City Government or officer or agency thereof shall offer to the City, or through the City to any political subdivision thereof, services, equipment, supplies, materials or funds by way of gift, grant or loan for the purpose of civil defense, the City acting through the adjutant general, or the City, through the Mayor with the consent of the Governor, may accept the offer and may receive the services, equipment, supplies, materials or funds on behalf of the City, subject to the terms of the offer.
[R.O. 2013 §220.090; CC 1984 §5-9; Ord. No. 388 §9, 6-4-1962]
In the event of enemy attack, the Mayor may waive the provisions of Statutes requiring advertisement for bids for the performance of public work or entering into contracts.
[R.O. 2013 §220.100; CC 1984 §5-10; Ord. No. 388 §10, 6-4-1962]
Each person who is appointed to serve in the City's Organization for Disaster Planning 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 Valley Park Organization for Disaster Planning, 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."
Said oath shall be filed with the Coordinator.