[HISTORY: Adopted by the City Council of
the City of Grand Ledge as indicated in article histories. Amendments
noted where applicable.]
CHARTER REFERENCES
Mayor as conservator of peace in times of emergency — See Ch. 4, § C-4.5B.
[Adopted 11-13-2001 by Ord. No. 473]
This article shall be known as the "Grand Ledge
Area Emergency Services Authority Board of Directors Appointment Ordinance."
The City of Grand Ledge and the Township of
Oneida, having joined in the creation of the Grand Ledge Area Emergency
Services Authority (hereafter, the "Authority") pursuant to P.A. 1988
No. 57, have executed Articles of Incorporation providing for appointment
of members to its Board of Directors. Those Articles provide, among
other things, for the appointment of three members of that Board by
the City of Grand Ledge. It is the purpose of this article to delineate,
consistent with the City Charter and the Authority Articles of Incorporation
and Bylaws, the methodology for appointment and removal of said Board
members, and to establish the terms for said appointment.
The Mayor, with the approval of a majority of
the Grand Ledge City Council, shall nominate and appoint individuals
who are residents of the City of Grand Ledge to serve on the Authority
Board of Directors.
The Mayor and Council shall, at the time of the appointment, designate the term of such initial appointees as follows: The first appointment shall be for a term ending at 12:00 midnight, June 30, 2003; the second appointment shall be for a term ending at 12:00 midnight, June 30, 2004; the third appointment shall be for a term ending at 12:00 midnight, June 30, 2005. Thereafter, all appointments (except for appointments to fill a vacancy pursuant to § 17-5) shall be for a period of three years.
A.
Resignation. Upon the written resignation and acceptance
thereof by the City Council, the resigning Board member's seat shall
be deemed vacant and shall be filled by appointment by the method
set forth above for the remaining term of the resigning member.
B.
Termination by City Council. The members of the Authority
Board appointed by the City Council for the City of Grand Ledge shall
serve at the pleasure of the City Council and may be removed at any
time by resolution of a majority of the City Council. Upon adoption
of said resolution, that Board of Directors' seat shall be deemed
vacant and shall be filled as set forth above for the remaining term
of the removed member.
[Adopted 6-24-2002 by Ord. No. 480]
This article shall be known as the "Emergency
Management Ordinance."
For the purpose of this article, certain words
herein are defined as follows:
- ACT
- The Michigan Emergency Management Act, No. 390 of the Public Acts of 1976, as amended [MSA § 4.824(11) et seq.; MCLA § 30.401 et seq.].
- DEPUTY EMERGENCY MANAGEMENT COORDINATOR
- A person appointed by the City of Grand Ledge to act as liaison between the City of Grand Ledge and the Eaton County Emergency Management Coordinator.
- DISASTER
- An occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from natural or human-made cause, including but not limited to fire, flood, snowstorm, ice storm, tornado, windstorm, wave action, hazardous material spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, oil spill, epidemic, air contamination, blight, drought, infestation, explosion or hostile military action or paramilitary action, or similar occurrences resulting from terrorist activities, riots or civil disorders.
- DISASTER RELIEF FORCE
- All agencies of county and municipal government, private and volunteer personnel, public officers and employees and all other persons or groups of persons in the Eaton County Emergency Operation Plan as having duties to perform or those called into duty or working at the direction of a party identified in the plan to perform specific disaster or emergency-related task during a local state of emergency.
- DISTRICT COORDINATOR
- The Michigan Department of State Police District Emergency Management Coordinator. The District Coordinator serves as liaison between local emergency management programs and the Michigan State Police Emergency Management Division in all matters pertaining to the mitigation, preparedness response and recovery and disaster situations.
- EMERGENCY MANAGEMENT COORDINATOR
- The person appointed to coordinate all matters pertaining to emergency management within the municipality. The Emergency Management Coordinator for the City of Grand Ledge is the Eaton County Emergency Management Coordinator.
- EMERGENCY MANAGEMENT PROGRAM
- A program established to coordinate mitigation, preparedness, response and recovery activities for all emergency or disaster situations within the City of Grand Ledge. Such a program has an appointed Emergency Management Coordinator and meets the program standards and requirements as established by the Department of State Police Emergency Management Division. The City of Grand Ledge has elected to be part of the Eaton County Emergency Management Program.
- EMERGENCY OPERATIONS PLAN
- The plan developed and maintained by the County and political subdivisions included in the Emergency Management Program area for the purpose of responding to all emergency or disaster situations by identifying and organizing the disaster relief force.
- GOVERNOR'S STATE OF DISASTER
- An executive order or proclamation by the Governor that implements the disaster and recovery aspects of the Emergency Management Plan and applicable local plans of the County or municipal programs affected.
- GOVERNOR'S STATE OF EMERGENCY
- An executive order or proclamation by the Governor that implements the emergency response and recovery aspects of the Michigan Emergency Management Plan and applicable plans of the County or municipal programs effected.
- LOCAL STATE OF EMERGENCY
- A declaration by the Mayor or City Administrator or other officials designated. This declaration implements the response and recovery aspects of the Eaton County Emergency Operations Plan and authorizes certain actions as described in this article.
A.
By the authority of this article, the City of Grand
Ledge hereby appoints the Eaton County Emergency Management Coordinator
as the Emergency Management Coordinator for the City of Grand Ledge.
In addition to acting for and at the direction of the Chairperson
of the Eaton County Board of Commissioners, the Emergency Management
Coordinator will also act for and at the direction of the Mayor or
City Administrator of the City of Grand Ledge.
B.
A line of succession for the Eaton County Emergency
Management Coordinator has been established and is listed in the Eaton
County Emergency Operation Plan.
The Emergency Management Coordinator shall comply
with the standards and requirements as established by the Department
of State Police, Emergency Management Division, under the authority
of the Act, in accomplishing the following:
A.
Directing and coordinating the development of the
Eaton County Emergency Operations Plan, which shall be consistent
in content with the Michigan Emergency Management Plan.
B.
Specifying departments or agencies which must provide
an annex to the plan or otherwise cooperate in its development.
C.
Identifying departments and agencies to be included
in the Emergency Operations Plan as part of the relief force.
D.
Developing and maintaining a County resource manual.
E.
Coordinating the recruitment, appointment and utilization
of volunteer personnel.
F.
Assuring that the Emergency Management Program meets
eligibility requirements for state and federal aid.
G.
Coordinating or conducting training and exercise programs
for the disaster relief force within the County and testing the adequacy
of the Emergency Management Plan.
H.
Through public information programs, educating the
population on actions necessary for the protection of life and property
in an emergency or disaster.
I.
Assisting in the development of mutual aid plans.
J.
Assisting the City of Grand Ledge Deputy Emergency
Management Coordinator liaison with the development of municipal standard
operating procedures which are consistent with the County Emergency
Operations Plan.
K.
Overseeing the implementation of all functions necessary
during an emergency or disaster in accordance with the Emergency Operations
Plan.
L.
Coordinating County emergency management activities
with those of municipalities included in the County Emergency Management
Program, other municipalities, the State and adjacent counties.
M.
Coordinating all preparedness activities, including
maintaining primary and alternate Emergency Operations Centers.
N.
Identifying mitigation opportunities within the County
and encouraging departments/agencies to implement mitigation measures.
A.
By the authority of this article, the Grand Ledge
City Council shall appoint a liaison for the purpose of assisting
the County Emergency Management Coordinator in coordinating the emergency
management activities within the City of Grand Ledge. The duties of
the liaison (Deputy Coordinator) are as follows:
(1)
To coordinate municipal emergency management activities
with those of the County and adjacent jurisdictions.
(2)
To assist the County Emergency Management Coordinator
with the development of the County Emergency Operations Plan and the
incorporation of municipal resources to the plan.
(3)
To identify municipal departments and agencies to
be included in the Emergency Operations Plan as part of the disaster
relief force.
(4)
To identify municipal resources and forward information
to the County Emergency Management Coordinator for inclusion in the
County resource manual.
(5)
To coordinate the recruitment, appointment and utilization
of volunteer services.
(6)
To assist the County Emergency Management Coordinator
with administering training programs.
(7)
To coordinate municipal participation in exercises
conducted by the County.
(8)
To assist in the development of mutual aid agreements.
(9)
To assist in educating the population as to actions
necessary for the protection of life and property in an emergency
or disaster.
(10)
To encourage departments/agencies within the City
to identify and implement procedures to mitigate the effects of potential
disasters.
(11)
To assist in the assessment of the nature and scope
of the emergency or disaster and collect damage assessment information
and forward it to the County.
(12)
To assist in the coordination of the Vital Records
Protection Program.
(13)
To develop municipal standard operating procedures
for disaster response which are consistent with the County Emergency
Operations Plan.
(14)
To assist as liaison to the County Emergency Management
Coordinator at disasters, hazardous materials incidents, fires, floods,
ice storms, tornadoes and other disasters.
A.
On an annual basis, the Mayor and City Administrator
shall review the eligibility and performance of the County Emergency
Management Coordinator and make recommendations to the Grand Ledge
City Council.
B.
The Mayor, City Administrator or other designated
person shall review the effectiveness of the Eaton County Emergency
Operations Plan as the plan relates to the municipality once every
two years. With the assistance of the municipal liaison, he/she shall
make recommendations to the County Emergency Management Coordinator
of any changes which may be needed. After this review and incorporation
of necessary changes, the Mayor or City Administrator shall certify
the plan to be current and adequate for the City of Grand Ledge for
the ensuing two years.
C.
When circumstances within the City of Grand Ledge
indicate that the occurrence or threat of occurrence of widespread
or severe damage, injury or loss of life or property from natural
or human-made cause exists, the Mayor, City Administrator or other
designated official may declare a local state of emergency. Such a
declaration shall be promptly filed with the Eaton County Emergency
Management Office, which shall forward it to the Department of State
Police, Emergency Management Division. This declaration shall not
be continued or renewed for a period in excess of seven days, except
with the consent of the Grand Ledge City Council.
D.
If the Mayor or City Administrator or other designated
person invokes such power and authority, he/she shall, as soon as
is reasonably expedient, convene the Grand Ledge City Council for
one or more emergency meetings in accordance with the Open Meetings
Act to perform its normal legislative and administrative duties as
the situation demands and will report to the body relative to emergency
activities. Nothing in this article shall be considered as abridging
or curtailing the powers of the Grand Ledge City Council unless specifically
provided herein.
E.
The Mayor or City Administrator or other designated
official may do one or more of the following under a local state of
emergency:
(1)
Direct the Emergency Management Coordinator to implement
the Emergency Operations Plan.
(2)
Issue directives as to travel restrictions on local
roads within the municipality.
(3)
Relieve Grand Ledge City employees of normal duties
and temporarily reassign them to other duties.
(4)
Activate mutual aid agreements.
(5)
Direct the municipal disaster relief effort in accordance
with the Eaton County Emergency Operations Plan and Municipal Operations
Plan.
(6)
Notify the public of the situation and recommend in-place
or evacuation protective measures.
(7)
When obtaining normal approvals would result in further
injury or damage, until the Grand Ledge City Council convenes, waive
procedures and formalities otherwise required pertaining to the following:
(a)
For a period of up to seven days, send municipal
employees and resources to the aid of other communities as provided
by mutual aid agreements.
(b)
For a period of up to seven days, appropriate
and expend funds from the Disaster Contingency Fund.
(c)
For a period of up to seven days, make contracts
and obtain and distribute equipment, materials and supplies for disaster
purposes.
(d)
Employ temporary workers.
(e)
Purchase and distribute supplies, materials
and equipment.
(f)
Make, amend or rescind ordinances or rules necessary
for emergency management purposes which supplement a rule, order or
directive issued by the Governor or a State agency. Such an ordinance
or rule shall be temporary and, upon the Governor's declaration that
a state of disaster or state of emergency is terminated, shall no
longer be in effect.
(g)
If a state of disaster or emergency is declared
by the Governor, assign and make available for duty the employees,
property or equipment of the City of Grand Ledge within or without
the physical limits of the City of Grand Ledge as ordered by the Governor
or the Director of the Michigan Department of State Police in accordance
with the Act.
If a disaster or emergency occurs that has not
yet been declared to be a state of disaster or a state of emergency
by the Governor and the Mayor or City Administrator or other designated
official determines that the situation is beyond the control of the
municipality, he/she may request the Governor to declare that a state
of disaster or state of emergency exists in the municipality in accordance
with the Act. This shall be done by immediately contacting the Eaton
County Emergency Management Coordinator. The Emergency Management
Coordinator shall immediately contact the District Coordinator. The
District Coordinator, in conjunction with the Emergency Management
Coordinator and the Municipal Deputy Coordinator, shall assess the
nature and scope of the disaster or emergency, and they shall recommend
State personnel, services and equipment that will be required for
its prevention, mitigation or relief
Each municipal department, commission, board
or other agency of municipal government is authorized to appoint volunteers
to augment its personnel in time of emergency to implement emergency
functions assigned in the Eaton County Emergency Operations Plan.
Such individuals are part of the disaster relief force and shall be
subject to the rules and operational control set forth by the respective
department, commission, board or agency through which the appointment
was made and shall be reimbursed for all actual and necessary travel
and subsistence expenses.
In accordance with the Act, personnel of the
disaster relief force while on duty shall have the following rights:
A.
If they are employees of the municipality or other
governmental agency, regardless of where serving, the powers, duties,
rights, privileges and immunities and the compensation incidental
to their employment.
B.
If they are not employees of the municipality or other
governmental agency, the same rights and immunities as provided for
by law.
The Grand Ledge City Council shall provide for
the temporary movement and reestablishment of essential government
offices in the event that existing facilities cannot be used.
As provided for in the Act and this article,
the municipality, or the agents or representatives of a municipality,
shall not be liable for personal injury or property damage sustained
by the disaster relief force engaged in disaster relief activity.
No person shall be liable in a civil action for damages resulting
from an act or omission arising out of and in the course of the person's
good faith rendering of that activity, unless the person's act or
omission was the result of that person's gross negligence or willful
conduct. The right of a person to receive benefits or compensation
to which he or she may otherwise be entitled to under the Workers'
Compensation Law, any pension law or act of Congress will not be affected
as a result of said activity. As provided for in the Act, any person
owning or controlling real estate or other premises who voluntarily
and without compensation grants the municipality the right to inspect,
designate and use the whole or any part of such real estate or premises
for the purpose of sheltering persons or for any other disaster-related
function during a declared local state of emergency or during an authorized
practice disaster exercise shall not be civilly liable for the death
of or injury to any person on or about such real estate or premises
under such license, privilege or other permission or for loss of or
damage to the property of such person.
It shall be unlawful for any person willfully to obstruct, hinder or delay any emergency services forces in the enforcement or accomplishment of any rule or regulation issued pursuant to this article or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article. It shall likewise be unlawful for any person to wear, carry or display an emblem, insignia or other means of identification as a member of the emergency services forces of the City of Grand Ledge unless authority to do so has been granted to such person by proper officials. Any violation of this article shall be punishable as a misdemeanor as provided in Chapter 1, General Provisions, Article II, Penalties, § 1-17C.
