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2 SUBSTITUTE ORDINANCE INTRODUCED BY: Consent
3 12/07/89
4 PROPOSED BY: County Executive
5
6 DATE: 11 -16 -89
7 ORDINANCE NO. 89 -115
8 ORDINANCE ESTABLISHING EMERGENCY MANAGEMENT AS A
9 DIVISION IN THE SHERIFF'S DEPARTMENT
10
11 WHEREAS, the emergency services council has recommended to the
12 legislative bodies of the signatory political subdivisions that the
13 current Interlocal Cooperative Agreement for a Joint Local
14 Organization for Emergency Services be terminated; and,
15 WHEREAS, it is determined emergency management can more effectively
16 be administered through the County Government, which can then
17 provide it through contract to other political subdivisions; and,
18 WHEREAS, the Sheriff's Department is willing and has the capability
19 of assuming the management of this service; and,
20 NOW, THEREFORE, BE IT ORDAINED
21 Definitions
22 For the purposes of this Ordinance the terms herein shall have the
23 following meanings:
24 A. "Disaster" means actual.or threatened enemy attack,
25 sabotage, extraordinary fire, flood, storm, epidemic, riot,
26 earthquake, extraordinary hazardous materials incident or other
27 similar public calamity.
28 B. "Emergency Management" (synonymous with Civil
29 Defense) , the preparation for and the carrying out of all emergency
30 functions, as set forth in R.C.W. 38.52, to minimize and repair
31 injury and damage resulting from disasters or major emergency. It
32 does not include, nor does any provision of the Ordinance apply to
33 any condition relating to a labor controversy.
34 Division Established
35 There is established a division of the Whatcom County Sheriff's
36 Office to be known as the "Emergency Management Division ",
37 hereinafter referred to as the "Division ".
38 It will be composed of designated employees, together with those
39 volunteer forces enrolled to aid during disaster, and all groups,
40 Ordinance - 1
1 organizations and persons who may by agreement or operation of the
2 law, including persons pressed into service under provision of the
3 law, charged with duties incident to the protection of life and
4 property in time of disaster.
5 Director Appointed
6 The Whatcom County Sheriff shall be the Director of Emergency
7 Management, hereinafter referred to as the "Director ".
8 Division Staff
9 It is the responsibility of the Director to hire the division staff
10 in accordance with personnel policies and procedures of the county
11 and any other applicable laws and regulations.
12 Division Services
13 The Emergency Management Division administrated by the Whatcom
14 County Sheriff shall perform the day to day tasks of the Whatcom
15 County Emergency Management organization, to include preparing and
16 carrying out of plans, including mock or practice drills, for the
17 civil defense of persons and property within the jurisdictions
18 party to this Agreement in the event of major emergency or
19 disaster, and to provide for the coordination of the emergency
20 management and disaster functions with all other agencies and
21 affected private persons, corporations and organizations.
:2 Director of Emergency Management - Powers and Duties
23 The Director of Emergency Management shall:
24 1. Serve as the chief advisor to the council concerning
25 emergency management matters affecting the Emergency Management
26 Division.
27 2. Serve as the Emergency Management Coordinator for the
28 unincorporated portion of Whatcom County.
29 3. Provide assistance as required to the jurisdictions
30 party to this Agreement.
31 4. Direct the activities of the Emergency Management
32 Division and the Emergency Operations Center.
33 5. Maintain, review and update the Whatcom County
34 Emergency Management Operations Plan, insuring conformance with the
35 state plan and program.
36 6. Control and direct the effort of the Whatcom County
37 Emergency Management organization, including the preparation of
38 supporting plans and operating procedures.
39 7. Prepare and submit to the Council an annual Budget
40 and program for the Emergency Management Division.
41 8. Represent the Emergency Management Division in all
42 life and property of the people, and bind the county for the fair
43 value thereof, and if required immediately, to commandeer the same
44 for public use.
15 Ordinance - 2
1 9. To require emergency services of any officer or
2 employee of jurisdictions signatory hereto, in the event of a
3 proclamation by the Governor of the existence of a disaster, to
4 command the aid of as many citizens of this community as he
5 considers necessary in the execution of his duties; such persons
6 shall be entitled to all privileges, benefits, and immunities as
7 are provided by state law for registered civil defense workers.
8 10. To execute all of the special powers conferred upon
9 him by this Agreement or by resolution adopted pursuant thereto,
10 all powers conferred upon him by statute, agreement approved by the
11 Council or by any other lawful authority.
12 11. To requisition necessary personnel or material of any
13 county department or agency, or of any city department or agency,
14 with the concurrence of the mayor of that city.
15 12. In the event of major emergency within any political
16 subdivision party hereto, the Director will be empowered to take
17 only those actions specifically requested and authorized by that
18 jurisdiction, and approved by the executive head of any other
19 political subdivision affected by such actions.
20 Emergencv Management Council Established
21
The Whatcom County Emergency Management
Council,
hereinafter
22
referred to as the "Council ", is established.
It shall
be composed
23
of the mayor or the executive head of each
political
subdivision
24
contracting or signing an Interlocal Agreement with Whatcom County
25
for emergency management, and the Sheriff
as the
director of
26
emergency management, who shall serve as
vice - chairman of the
27
Council.
8 Emergency Management Council - ]Powers and Duties
29 The Council shall be the policy- making agency for the Division.
30 It shall:
31 1. Select annually one of its members to act as chairman
32 of the Council.
33 2. Meet once annually between July and October in the
34 Whatcom County Courthouse EOC, and at such other times as necessary
35 at the call of the chairman and /or the Director of Emergency
36 Management. At least one half of the membership must be present
37 to constitute a quorum. A quorum will be four (4).
38 3. Have the duty and be empowered to review and
39 recommend adoption of mutual aid plans and agreements to the
40 legislative bodies of the jurisdictions party hereto, and approve
41 or confirm emergency management and disaster plans, rules and
42 regulations, and other disaster - related actions of the Director of
43 Emergency Management.
44 4. Adopt such resolutions and rules and regulations as
45 are necessary to implement adopted plans and agreements.
46 5. Establish annually via majority vote of the Council
47 membership present at the annual meeting, and in writing, broad
48 policy guidelines and program priorities for the Emergency
49 Management Division to be implemented by the Director of Emergency
50 Management.
51 Ordinance - 3
1 6. Approve or disapprove annually, via majority vote of
2 Councilmembers present at the annual meeting, and in writing the
3 basis for financial and in -kind contributions of each political
4 subdivision to the Whatcom County Emergency Management Fund as
5 recommended by the Director of Emergency Management.
6 Open Meetings Act
7 The Emergency Management Council meetings shall be subject to the
8 Open Meetings Act, R.C.W. 42.30, et. seq.
9 Emergency Management Fund
10 A special pooled fund shall be established in accordance with
11 R.C.W. 38.52. It will be known as the Whatcom County Emergency
12 Management Fund and will be administered by the Whatcom County
13 Sheriff's Office. All monies, assets and liabilities of the
14 Department of Emergency Services as of December 31, 1989, shall be
15 transferred to the Whatcom County Emergency Management Fund.
16 Contracts
17 All contracts, agreements, rights, claims and obligations, either
18 in favor of the Department of Emergency Services or against it at
19 the time this Ordinance takes effect shall continue in full force
20 and effect.
21 Mutual Aid Agreement
A2 Purusant to R.C.W. 38.52, Whatcom County shall enter into a mutual
23 aid agreement through its Emergency Management Division with
24 Skagit, Island and San Juan Counties. Whenever any party to the
25 Agreement suffers a disaster which requires additional aid beyond
26 that which said party is able to provide for itself, each other
27 party to this Agreement, at the request of the stricken party
28 through the county department of emergency management, agrees to
29 lend such stricken party the maximum amount of equipment,
30 facilities, and manpower that it can reasonably spare at that time.
31 Penalties for Violations
32 It shall be a misdemeanor, punishable by fine of not to exceed two
33 hundred fifty dollars, or by imprisonment for not to exceed three
34 months, or both, for any person during a disaster:
35 1. To wilfully obstruct, hinder or delay any member of
36 the Emergency Management organization in the enforcement of any
37 lawful rule or regulation issued pursuant to this chapter, or in
38 the
39 performance of any duty imposed upon him by virtue of this chapter.
40 2. To do any act forbidden by any lawful rules or
41 regulations issued pursuant to this chapter, if such act is of a
42 nature as to give, or be likely to give, assistance to the enemy,
43 or to
44 Ordinance - 4
1 imperil the lives or property of inhabitants of the county, or to
2 prevent, hinder or delay the defense or protection thereof.
3 3. To wear, carry or display, without authority, any
4 means of identification specified by the Department of Emergency
5 Management of the state.
6 severability
7 If any part of this Ordinance is illegal, the validity of the
8 remaining provisions shall not be affected and the rights and
9 obligations of the parties shall be construed as if the Ordinance
10 did not contain the particular illegal part. If it should appear
11 that any provisions of said Ordinance are in conflict with any
12 statutory provisions of the State of Washington, such provision of
13 the Ordinance shall be deemed inoperative and null and void insofar
14 as it may conflict therewith, and shall be modified to conform to
15 such statutory provision.
16 BE IT FURTHER ORDAINED that Whatcom County Code 2.40 is hereby
17 repealed. This Ordinance shall be effective January 1, 1990.
18 APPROVED this 7th day of December , 1989
19 WHATCOM CO TY COUNCIL
20 ATTEST: HATCOM ASHINGTON
.2 RAMONA REEVES DONALD NJEY
23 CLERK OF THE COUNCIL CHAIRMAN
24 APPROVED AS TO FORM: ( ✓) APPROVED ( ) VETOED
t �u 25 i
(/ %-,.� . C��
26 RANDALL ATTS SHIRLEY VAN ANTEN
27 Chief C' it Deputy County Executive
28 Prosecuti Attorney
29
30
31 Ordinance - 5.
Date Signed by Executive