A.Â
Because of the existing and possibility of the occurrence of disaster
of unprecedented size and destructiveness resulting from enemy attack,
sabotage, or other hostile action, or from fire, flood, earthquake,
or other natural causes, and in order to insure that preparations
of this City will be adequate to deal with such disaster, and generally
to provide for the common defense and to protect the public property
of the people of this City, it is hereby found and declared to be
necessary:
B.Â
It is further declared to be the purpose of this chapter and the
policy of this City, that all emergency services functions of this
City be coordinated to the maximum extent with the comparable functions
of the state government including its various departments and agencies,
of other cities and localities, and of private agencies of every type,
to the end that the most effective preparation and use may be made
of this City's manpower, resources, and facilities for dealing
with any disaster that may occur.
C.Â
It is further declared to be the purpose of this chapter and the
policy of the City to organize its emergency services organization
in conformity with A.S.A. §§ 11-1934 - 11-1957.
The preparation for and the carrying out of all emergency
functions, other than functions for which military forces are primarily
responsible, to prevent, minimize and repair injury and damage resulting
from disasters caused by enemy attack, sabotage, or other hostile
action, or by fire, flood, earthquake, or other natural causes. These
functions include, without limitation, fire fighting services, medical
and health services, rescue, engineering, air raid warning services,
communications, radiological, chemical, and other special weapons
defense, evacuation of persons from stricken areas, emergency welfare
services (civilian war aid), emergency transportation, existing or
properly assigned functions of plant protection, temporary restoration
of public utility services, and other functions related to civilian
protection; together with all other activities necessary or incidental
to the preparation for and carrying out of the foregoing functions.
The Mayor of the City shall be responsible for and have general
direction and control of the emergency services of this City. In addition
to the powers and duties the Mayor now has, he shall have such additional
powers granted and conferred by this chapter not inconsistent with
other ordinances of this City.
The Mayor, with the consent of the City Council, is hereby authorized
to appoint a Director of Emergency Services, who shall perform such
duties as are imposed upon him by this chapter, and as are delegated
to him by the Mayor when not contrary to other ordinances of this
City.
The Director shall coordinate the activities of all organizations
for emergency services within this City and shall maintain liaison
with and cooperate with the emergency services agencies and organizations
within the state and with the state government.
There is hereby created an emergency services Advisory Council
consisting of four citizens, appointed by the Mayor and confirmed
by the City Council who shall advise the Mayor and the Director on
all matters pertaining to emergency services. The Mayor shall serve
as chairman of the Council and the members thereof shall serve without
compensation.
A.Â
In performing his duties under this chapter, the Mayor, or the Director
of Emergency Services when such authority is delegated to him by the
Mayor, is authorized to cooperate with the state government, with
other cities and counties, and with private agencies in all matters
pertaining to the emergency services of this City and the state.
B.Â
In performing his duties under this chapter and to effect its policy
and purpose, the Mayor is further authorized and empowered:
1.Â
To make, amend, and rescind the necessary orders, rules, and regulations
to carry out the provisions of this chapter within the limits of the
authority conferred upon him herein, with due consideration of the
plans of the state government;
2.Â
To prepare a comprehensive plan and program for the emergency services
of this City, such plan and program to be integrated into and coordinated
with the emergency services plans of the state government and of other
cities and counties within the state to the fullest extent;
3.Â
In accordance with such plan and program for the emergency services
of this City, to institute training programs and public information
programs, and to take all other preparatory steps including the partial
or full mobilization of emergency services organization, in advance
of actual disaster, to insure the furnishing of adequately trained
and equipped forces of emergency service personnel in time of need;
4.Â
To make such studies and surveys of the industries, resources, and
facilities in this City as may be necessary to ascertain the capabilities
of the City for emergency services, and to plan for the most efficient
emergency use thereof;
5.Â
On behalf of this City, to enter into mutual aid arrangements with
other cities and counties within this state and also with emergency
services agencies or organizations in other states for reciprocal
emergency services aid and assistance in case of disaster too great
to be dealt with unassisted. Such mutual aid arrangements may be made
subject to the approval of the Governor, or of the State Director
of Emergency Services;
6.Â
To delegate any administrative authority vested in him under this
chapter, and to provide for the subdelegation of any such authority;
7.Â
To cooperate with the Governor and the Arkansas Office of Emergency
Services and other appropriate state offices and agencies, and with
the officials and agencies of other cities and counties within the
state pertaining to the emergency services of the state including
the direction or control of:
a.Â
Black-outs and practice blackout, air-raid drills, mobilization of
emergency services forces, and other tests and exercises;
b.Â
Warnings and signals for drills or attacks and the mechanical devices
to be used in connection therewith;
c.Â
The effective screening or extinguishing of all lights and lighting
devices and appliances;
d.Â
Shutting off water mains, gas mains, electric power connections and
the suspension of all other utility services;
e.Â
The conduct of civilians and the movement and cessation of movement
of pedestrians and vehicular traffic during, prior and subsequent
to drills or attack;
f.Â
Public meetings or gatherings; and
g.Â
The evacuation and reception of the civilian population.
A.Â
The Director of the organization for emergency services may, in collaboration
with other public and private agencies within this state, develop
or cause to be developed mutual aid arrangements for reciprocal emergency
services aid and assistance in case of disaster too great to be dealt
with unassisted. Such arrangements shall be consistent with the state
emergency services plan and program, and in time of emergency it shall
be the duty of each local organization for emergency services to render
assistance in accordance with the provisions of such mutual aid arrangements.
B.Â
The Director of the organization for emergency services may, subject
to the approval of the Governor, enter into mutual aid arrangements
with emergency services agencies or organizations in other states
for reciprocal emergency service aid and assistance in case of disaster
too great to be dealt with unassisted.
A.Â
Whenever the state government or any agency or officer thereof shall
offer to this City, services, equipment, supplies, materials, or funds
by way of gifts, grants, or loans, for purposes of emergency services,
the City, acting through the mayor, may accept such offer and upon
such acceptance, the Mayor may authorize any officer of the City to
receive such services, equipment, supplies, materials, or funds on
behalf of this City, and subject to the terms of the offer and the
rules and regulations, if any, of the agency making the offer.
B.Â
Whenever any person, firm, or corporation shall offer to this City
services, equipment, supplies, materials, or funds by way of gift,
grant or loan, for purposes of emergency services, the City acting
through the Mayor, may accept such offer and upon such acceptance
the Mayor of the City may authorize any officer of the City to receive
such services, equipment, supplies, materials, or other funds on behalf
of the City, and subject to the terms of the offer.
In carrying out the provisions of this chapter, the Mayor is
directed to utilize the services, equipment, supplies and facilities
of existing departments, offices, and agencies of the City, to the
maximum extent practicable, 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 Mayor, and to
the emergency services organizations of the City upon request.
No organization for emergency services established under the
authority of this chapter shall participate in any form of political
activity, nor shall it be employed directly or indirectly for political
purposes.
No person shall be employed or associated in any capacity in
the emergency services organization of this City established under
this chapter who advocates or has advocated a change by force or violence
in the constitutional form of the government of the United States
or of this state, or in this City or 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
this organization for emergency services shall, before entering upon
his duties, take an oath, in writing before a person authorized to
administer oaths in the 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 Arkansas against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; and 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 time as I am a member of the emergency services agency of the
City, 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.
See A.C.A. § 11-1934 et seq.
A.Â
Recovery for the injury or death of persons appointed and regularly
enrolled in emergency services organization as contemplated by this
Act (AS § 11-1934, § 11-1957), while actually
engaged in emergency, shall be limited to the provisions of the Workmen's
Compensation Act, if such person are regularly employed by the State
of Arkansas, and if such person is a qualified emergency services
volunteer worker of an accredited local organization for emergency
services, recovery shall be limited as hereinafter provided.
B.Â
The remedy provided herein shall be the exclusive remedy as against
the state and political subdivision thereof.
C.Â
For the purpose of workmen's compensation coverage in cases
of injury to or death of an individual, all duly registered and qualified
emergency services volunteer workers shall be deemed state employees
within the meaning and requirements of Act 462 of 1949 as amended
by Act 373 of 1951 (AS §§ 13-1402 - 13-1407, 13-1409,
13-1413) and shall receive compensation and their survivors shall
receive death benefits in like manner as regular state employees for
injury or death arising out of and in the course of their activities
as emergency services volunteer workers.
D.Â
For the purpose of Subsection C of this section, such emergency services volunteer workers who receive no monetary compensation for services rendered as such workers shall be deemed to have received such wages as will qualify them for maximum benefits applicable with respect to injury, disability, or death. The reimbursement of $15 or less for out-of-pocket expenses incurred in response to an emergency situation, such as gasoline, oil, uniforms, and required equipment, etc., shall not be construed monetary compensation for the volunteer worker.
E.Â
In the event that any person who is entitled to receive benefits through the application of Subsection C of this section receives, in connection with the injury, disability or death giving rise to such entitlement benefits under an Act of Congress or federal program providing benefits for emergency services workers or their survivors, the benefits payable hereunder shall be reduced to the extent of the benefits received under such other Act or program. Any person who performs the duties of such member or trainee as an adjunct to his regular employment and who otherwise would be entitled to receive Workmen's Compensation benefits for his injury, disability, or death, if injured in the performance of such duties, shall be deemed to have been injured, disabled or killed in the course of his regular employment.
F.Â
An emergency services volunteer worker shall be deemed duly registered
and qualified when he meets the following requirements: When he is
a member of and has on file in either an accredited local emergency
services organization, or in the office of Emergency Services the
following information:
1.Â
Name and address.
2.Â
Date enrolled.
3.Â
Loyalty oath.
4.Â
Class of service assigned.
5.Â
STATE LAW REFERENCE
Payments, death and disability benefits as herein provided shall
be made from the Workmen's Compensation revolving fund for state
employees.
See A.C.A. § 11-1955; Sec. 22, Act 511 of 1973;
Sec. 6, Act 408 of 1977; Hdbk. 4-3.6
