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HomeMy WebLinkAbout2011-047RESOLUTION NO. 2011-47 RESOLUTION APPROVING THE UPDATED 2011 EMERGENCY OPERATIONS PLAN FOR THE CITY OF STILLWATER WHEREAS, The possibility exists for the occurrence of disasters from fire, flood, tornado, blizzard, destructive winds or other natural causes, or from sabotage, hostile action, or from hazardous material mishaps, and to ensure that the City of Stillwater will be prepared to respond and recover from such disasters, and generally, to provide for the public peace, health, and safety, of the lives and property of the people of the City of Stillwater, it is hereby found and declared to be necessary: (a.) To establish the City of Stillwater Emergency Management Program, within the Stillwater Police and Fire Departments, responsible for planning, preparation, and coordination of government emergency operations in time of disaster. (b.) To provide for the exercise of necessary powers during emergencies and disasters. (c.) To provide for the rendering of mutual aid between the City of Stillwater and other political subdivisions of this State with respect to the carrying out of emergency preparedness functions and; WHEREAS, to comply with provisions of Minnesota Statutes, Chapter 12, section 12.25, which requires that each political subdivision in the State of Minnesota shall establish a local organization for emergency management. NOW THEREFORE, BE IT RESOLVED: SECTION I DEFINITIONS Subdivision 1. "Emergency Management" means 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. These functions include, without limitation, firefighting services, police services, emergency medical services, engineering, warning services, communications, radiological, chemical, evacuation, congregate care, emergency transportation, temporary restoration of public utility services and other functions related to civil protection, together with all other activities necessary or incidental for carrying out of the foregoing functions. Emergency management includes those activities sometimes referred to as "Civil Defense" functions related to National Security and /or anti- terrorism activities. Page 1 of 6 Subdivision 2. "Disaster" means a situation that creates an immediate and serious impairment to the health and safety of any person, or a situation that has resulted in or is likely to result in catastrophic loss to property, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss. Subdivision 3. "Emergency" means an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring. Subdivision 4. "Emergency Management Resources" means the total personnel resources engaged in City level emergency management functions in accordance with the provisions of this resolution or any rule or order there under. This includes personnel from all City departments, authorized volunteers, and /or private organizations and agencies. Subdivision 5. "Emergency Management Program" means the staff element responsible for coordinating City level planning, preparedness and response. This program provides City liaison and coordination with federal, state, and local jurisdictions relative to disaster preparedness and recovery activities and assures implementation of federal and state program requirements. SECTION II ESTABLISHMENT OF AN EMERGENCY MANAGEMENT PROGRAM There is hereby created within the City of Stillwater an emergency management program, which shall be under the responsibility of the City Emergency Manager. The Emergency Manager shall be appointed by the Mayor and concurred by the City Council. The Emergency Manager shall have direct responsibility for the organization, administration and operation of the emergency management program, subject to the direction and control of the City Administrator and the City Council. The Emergency Manager shall have the powers and duties as specified in State Statute for local Directors of Emergency Management. (Minnesota Statute Chapter 12) SECTION III POWERS AND DUTIES OF THE EMERGENCY MANAGER Subdivision 1. The Emergency Manager, with the consent of the City Council, shall represent the City of Stillwater on any regional or state conference for emergency management. The director shall develop proposed mutual aid agreements with other political subdivisions of the state consistent with Chapter 12, Section 12.331, which establishes local assistance between political subdivisions. Subdivision 2. The Emergency Manager shall prepare a comprehensive all hazards emergency operations plan for the emergency preparedness of the City of Stillwater and shall present such plan to the City Council for its approval. When the council has approved the plan by resolution, it shall be the duty of all City departments, agencies, and emergency management resources of the City to perform the duties and functions assigned by the plan. The plan may be modified in like manner from time to time. The Emergency Manager shall coordinate the emergency Page 2 of 6 management activities of the City so that they are consistent and fully integrated with the emergency plan of the County, Federal Government, and the State of Minnesota and effectively coordinate with emergency plans of other political subdivisions within the State. Subdivision 3. In accordance with the State and City Emergency Plan, the Emergency Manager shall institute such training programs, public information programs and conduct practice warning alerts and emergency exercises as may be necessary to assure prompt and effective implementation of the City of Stillwater Emergency Operations Plan when a disaster occurs. Subdivision 4. The Emergency Manager shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the City to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the City Emergency Management Program and to the Governor upon request. The head of each department or agency in cooperation with the Emergency Manager shall be responsible for the planning and programming of such emergency activities as will involve the utilization of the facilities of the department or agency. The Emergency Operations Center (EOC) located at Stillwater City Hall shall be the primary assembly point for City personnel designated as having emergency responsibilities within the City Emergency Operations Plan. The Emergency Manager will be responsible for assuring the day -to -day readiness of the EOC and managing its operations during activation. The Emergency Manager and /or the City Council must approve any physical alteration, modification or alternative use. Subdivision 5. The Emergency Manager, in cooperation with existing City departments and agencies affected, assist in the organizing, recruiting and training of such emergency management personnel that may be required on a volunteer basis to carry out the emergency plans of the City and state. To the extent that such emergency personnel are recruited to augment a regular City department or agency for emergencies, they shall be assigned to such departments or agencies and shall be under the administration and control of said department or agency. Subdivision 6. Consistent with the state emergency management law, the Emergency Manager shall coordinate the activities of and may assist in the training of emergency management organizations within the City and assist in establishing and conducting training programs as required to assure emergency operational capability. Subdivision 7. The Emergency Manager shall carry out all orders, rules and regulations issued by the Governor with reference to emergency management. Subdivision 8. The Emergency Manager shall act as principle aide and advisor to the Mayor who is responsible for direction and control of all City emergency operations during an emergency. The Emergency Manager's primary responsibility is to assure coordination among the operating departments, non - governmental groups, and with higher and adjacent governments. Page 3 of 6 Subdivision 9. The Emergency Manager shall prepare and submit such reports on emergency preparedness activities as may be requested by the City Council. Subdivision 10. The Emergency Manager shall complete training as required for State Certification as an Emergency Manager, and shall meet other such state and /or federal training as required. The City shall provide opportunities and resources to attend the training as a condition of employment. SECTION IV LOCAL EMERGENCIES Subdivision 1. Only the Mayor of the City of Stillwater or their legal successors may declare a local emergency. It shall not be continued for a period in excess of three days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity and shall be filed promptly by the chief of the local records - keeping agency of the City. Subdivision 2. A declaration of a local emergency shall invoke necessary portions of the response and recovery aspects of the City Emergency Operation Plan, and may authorize aid and assistance thereunder. Declaration of a local emergency shall allow City officials to utilize resources necessary to respond to the immediate need of the community, including reassigning staff, reallocating equipment and supplies, and authorizing emergency expenditures of general City funds within predetermined limits by the City Administrator or their designee. This declaration also requires immediate and ongoing record keeping and documentation of all actions taken and resources utilized in response to the emergency or disaster. SECTION V EMERGENCY REGULATIONS Subdivision 1. Whenever necessary to meet a declared emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or the City Council, the Council may, with the assistance of the City Attorney, by resolution, promulgate regulations, (consistent with applicable federal or state law or regulation,) related to: a.) the conduct of persons and the use of property during emergencies and; b.) the repair, maintenance, and safeguarding of essential public services, emergency health, fire, and safety regulation, drills, or practice periods required for preliminary training, and; c.) all other matters which are required to protect public safety, health, and welfare in declared emergencies. Subdivision 2. Every resolution of emergency regulations shall be in writing: shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the Office of the City Clerk, which copy shall be kept posted and available for public inspection during normal business hours. Notice of the existence of such regulation and its availability for inspection at the Office of the City Clerk shall be conspicuously posted at the front of City Hall or other headquarters of the City or at such other places in the affected area as the Council shall Page 4of6 designate in the resolution. By like resolution, the Council may modify or rescind any such regulation. Subdivision 3. The City Council may rescind any such regulation by resolution at any time. If not sooner rescinded every such regulation shall expire at the end of 30 days after its effective date or at the end of the emergency to which it relates, whichever comes first. Any resolution, rule, or regulation inconsistent with an emergency regulation promulgated by the Council shall be suspended during the period of time and to the extent such conflict exists. During a declared emergency, the City is, notwithstanding any statutory or charter provision to the contrary, empowered, through its governing body acting within or without the corporate limits of the City, to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. The City may exercise such powers in the light of the exigencies of the disaster without compliance with the time consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds including, but not limited to, publication of resolutions, publications of call for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirement for budgets. SECTION VI EMERGENCY MANAGEMENT A GOVERNMENTAL FUNCTION All functions thereunder and all other activities relating to emergency management are hereby declared to be governmental functions. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this resolution or under worker's compensation law, or under any pension law, or the right of any such person to receive any benefits or compensation under any act of Congress. SECTION VII PARTICIPATION IN LABOR DISPUTE OR POLITICS The emergency management program shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute. Page 5 of 6 SECTION VIII REPEAL This resolution supercedes and replaces any Resolution previously in force. SECTION IX EFFECTIVE DATE This resolution shall take effect upon approval by the City Council of the City of Stillwater this 15 day of March, 2011. —1 ATTEST: l Diane F. Ward, City Clerk Page 6 of 6