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HomeMy WebLinkAbout5.C.1. City Code Amendment-Emergency Management-Ord.No. 769 s: C. II CITY OF SHAKOPEE Police Department Memorandum C~: 1\1V~ r'P.r'iT ' ""'." i,' "lbl'V ~f ~: f: ~..:?, <1"~'\!'t, :;~: m \~~ .,,~' iIi. 'W'Y~ TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Sergeant Craig Robson ~ SUBJECT: City Code Amendment - Emergency Management DATE: October 17,2006 INTRODUCTION The Police Department is requesting council approval to adopt ORDINANCE NO.769, AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING CHAPTER 2 SECTIONS 2.11 AND 2.12 RELATING TO EMERGENCY MANAGEMENT. BACKGROUND The current City Code Chapter 2, Section 2.11 and 2.12 relating to emergency management are in need of updating as state law has changed and now refers to the Civil Defense function as Emergency Management. Additional changes to these sections are related to the appointment of police officers during times of emergency. According to the Minnesota P.O.S.T. Board, our former ordinance is not in agreement with state law related to the licensing of peace officers. The final changes are related to spending authority during times of emergency. On the recommendation on the Finance Director these figures were increased to account for inflation. VISIONING RELATIONSHIP This action supports: Goal B: To Provide High Quality of Life Goal E: Financially Strong Strategy 6: Provide high quality services; Strategy 10: Ensure City's fiscal health. AL TERNATIVES 1. Adopt ORDINANCE NO.769, AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA AMENDING CHAPTER 2 SECTIONS 2.11 AND 2.12 RELATING TO EMERGENCY MANAGEMENT. 2. Reject the police department's request. 3. Table the request for more discussion. RECOMMENDATION: Staff recommends alternative # 1. ACTION REQUESTED: If council concurs, they should by motion adopt the proposed ordinance amendment. ORDINANCE NO. 769, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 2, SECTIONS 2.11 AND 2.12 RELATING TO EMERGENCY MANAGEMENT THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - City Code Chapter 2, Section 2.11, Subdivision 1, is amended to read as follows: SEC. 2.11. EMERGENCY PROVISIONS FOR CIVIL DEFENSE EMERGENCY MANAGEMENT. Subd. 1. Policy and Purpose. A. Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake or other natural or man-made causes, and in order to insure that preparations of this City will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary: 1. To establish a City civil defense emergency management organization; 2. To provide for the exercise of necessary powers during civil defense emergencies at the time of a natural or man-made disaster; 3. To provide for the formulation of necessary plans and training to meet the requirements of the City missions; 4. To provide for the rendering of mutual aid between this City and other political subdivisions of this State or of other states with respect to the carrying out civil defense emergency management functions. B. It is further declared to be the purpose of this Section and the policy of the City, that all civil defense emergency management functions of this City be coordinated to the maximum extent practicable with the comparable functions of the Federal government, of this State, County, and of private agencies of every type, to the end that the most effective preparations and 1 use may be made of the nation's labor force, resources, and facilities for dealing with any disaster that may occur. Section 2 - City Code Chapter 2, Section 2.11, Subdivision 2, is amended to read as follows: Subd. 2. Definitions. A. "Civil Defense" "Emergency Management" means the preparation for and 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 disaster caused by acts of nature, enemy attack, sabotage or other hostile action, or from fire, flood, earthquake or other natural or man-made causes, acute shortages of energy, or from incidents occurring that pose radiological, bioterrorism or other health hazards. These functions include, without limitation, fire fighting services, police 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 v,'e1fare human services, 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 preparation for a carrying out of the foregoing functions. B. "Civil Defense Emergency" "Emergency" means an emergency declared by the Governor under the provisions of Minnesota Statutes 12.31, as amended, or an emergency declared by the Mayor and/or Council under Subdivision 6 of this Section. C. "Civil Defense Forces" "Emergency response personnel" means any personnel employed by the City and any other volunteer or paid member of the City defense emergency management organization engaged in carrying on ciyil defense emergency management functions in accordance with the provisions of this Section or any rule or other thereunder. Section 3 - City Code Chapter 2, Section 2.11, Subdivision 3, is amended to read as follows: Subd.3. Establishment of CiyilDefense Emer!!encv Mana!!ement Al!ency. A. Pursuant to the authority in Minnesota Statutes, section 12.25, there is hereby created within the City government a civil defense an emergency management agency, which shall be under the supervision and control of a Coordinator of civil defense an Emergency Management Director, hereinafter called the Coordinator Director. The Coordinator Director shall 2 be appointed by the Council for an indefinite term and may be removed at any time. The Coordinator Director may be compensated at a rate to be determined by the Council and shall be paid necessary expenses. The Coordinator Director shall have direct responsibility for the organization, administration, and operation of the civil defense agency emergency management organization, subject to the direction and control of the Council. The civil def-ense agency Emergency management shall be organized into such divisions and bureaus, consistent with State, County and local civil defense emergency operation plans, as the Coordinator Director deems necessary td provide for the efficient performance of local civil defense emergency management functions during a ciyil defense an emergency. The chil defense emergency management agency shall perform civil defense emergency management functions outside the City as may be required pursuant to the provisions of the Minnesota Civil Defense AetStatutes, Chapter 12, the Scott County Common Organization Contract, or this Section. Section 4 - City Code Chapter 2, Section 2.11, Subdivision 4, is amended to read as follows: Subd. 4. Powers and Duties of the Director CoordiBator. A. The Coordinator, Director with the consent of the Council or City Administrator, shall represent the City on any County, regional or State organization for civil defense emergency management. B. The Coordinator Director shall make such studies and surveys of the labor force, industries resources, and facilities of the City including Fallout Shelters as the Coordinator Director deems necessary to determine their adequacy for civil defense emergency management, and to plan for their most efficient use in time of a an civil defense emergency. C. The Coordinator Director shall prepare a comprehensive general plan for the civil defense emergency management of the City which will include a Community Shelter Plan utilizing the established Fallout Shelters and shall present such plan to the Council for its approval. When the Council has approved the plan by resolution, it shall be the duty of all municipal agencies and all civil defense forces emergency response personnel of the City, to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The Coordinator Director shall coordinate the civil defense emergency management activities of the City to the end that they shall be consistent and fully integrated with the civil defense emergency operation plans of Scott County. 3 D. In accordance with the State, County and City civil defense emergency operations plan, the Coordinator Director shall institute such training programs and public information programs and shall take all other preparatory steps, including the partial or full mobilization of civil defense fefees emergency response personnel in advance of actual disaster, as may be necessary to the prompt and effective operation of the City civil defense emergency operation plan in time of a chil defense an emergency. The Coordinator Director may, from time to time, conduct such practice air raid alerts or other civil defense emergency management exercises as the Coordinator Director may deem necessary. E. The Coordinator Director 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 local eWH defense emergency management agency and to the Governor or Scott County authorities upon request. The head of each department and agency, in cooperation with and under the direction of the Coordinator Director, shall be responsible for the planning and programming of such civil defense emergency management activities as will involve the utilization of the facilities oftms department or agency. F. The Coordinator Director shall, in cooperation with existing City departments and agencies affected, organize, recruit, and train Fallout Shelter Managers, Radiological Monitors, police reserves, rescue personnel, auxiliary firemen firefighters, emergency medical personnel, and any other personnel that may be required on a volunteer basis to carry out the eWH defense emergency operation plans of the City, Scott County, or the State. To the extent that such emergency personnel are recruited to augment a regular City department or agency for civil defense emergencies, they shall be assigned to such department or agency for purposes of administration and command. The Coordinator Director may dismiss any civil defense volunteer at any time and require the surrender. of any equipment and identification furnished by the City. G. Consistent with the civil defense plan emergency operations plan, the Coordinator Director shall provide and equip emergency hospitals, casualty stations, ambulances, canteens, evacuation centers, and other facilities, or conveyances for the care of the injured or homeless persons. H. The Coordinator Director shall carry out all emergency orders, rules and regulations issued by the Mayor, Governor, and Scott County through the Common Organization Contract, pertaining to civil defense emergency management. 4 I. The Civil Defense Coordinator Emergency Management Director shall direct and coordinate the general operations of all local civil defense f-arees emergency response personnel during a civil defense an emergency in conformity with controlling regulations and instructions of State and County civil defense emergency management authorities. The heads of departments and agencies shall be governed by the Coordinator's Director's orders in respect thereto. J. Consistent with the civil defense plan emergency operations plan, the Coordinator Director shall use the Scott County Emergency Operating Center and, if required by the local civil defense plan emergency operations plan, auxiliary centers to be used during a ch'il defense an emergency as headquarters for direction and control of civil defense forces emergency response personnel. The Coordinator Director shall arrange for representation at the center by municipal departments and agencies, public utilities and other agencies authorized by Federal or State authority to carry on civil defense emergency. K. During the first thirty days of an civil defense emergency, if the Legislature is in session or the Governor has coupled the declaration of the emergency with a call for a special session of the Legislature, the Coordinator Director may, when necessary to save life or property, require any person, except members of the Federal or State military forces and officers of the State or any other political subdivision, to perform services for civil defense emergency management purposes as the Coordinator directs Director deems necessary; and the Coordinator Director may commandeer, for the time being, any motor vehicle, tools, appliances, or any other property, subject to the owner's right to just compensation as provided by law. Section 5 - City Code Chapter 2, Section 2.11, Subdivision 5, is amended to read as follows: Subd. 5. General Provisions on Civil Def-ense Emer1!:ency Mana2ement Workers. A. Civil defense Emergency management volunteers shall be called into service only in case of a civil defense an emergency or a natural disaster for which the regular municipal forces are inadequate or' for necessary training and preparation for such emergencies. All volunteers shall serve without compensation. B. Each civil defense emergency management volunteer shall be provided with such suitable insignia or other identification as may be required by the Coordinator Director. Such identification shall be in a form and style approved by the Federal government. No volunteer shall exercise any authority over any person except an authorized volunteer shall use the 5 identification of a volunteer or otherwise represent himself or herself to be an authorized volunteer. C. No ciyil defense emergency management volunteer shall carry any firearm while on duty except on written order of the Chief of the Police Department. D. Personnel procedures of the City applicable to regular employees shall not apply to volunteer ciyil defense emergency management workers, but shall apply to paid employees of the civil defense emergency management agency. Section 6 - City Code Chapter 2, Section 2.11, Subdivision 6, is amended to read as follows: Subd. 6. Emere:encv Ree:ulations and Succession. A. When used In this Section, the term "civil defense emergency" "emergency" includes, in addition to the meaning given in State law, disasters caused by fire, flood, windstorm, or other natural and man-made causes. B. Whenever necessary to meet a ciyil defense an emergency or to prepare for such an emergency for which adequate regulations have not been adopted by the Governor or the Council, the Mayor may by proclamation promulgate regulations, consistent with applicable Federal or State law or regulations, respecting: protection against nuclear missiles; the sounding of attack warning; the conduct of persons and the use of property during emergencies; the repair, maintenance, and safeguarding of essential public services; emergency health, fire, and safety regulation, trial drills, or practice periods required for preliminary training; and all other matters which are required to protect public safety, health, and welfare in eWH defense emergencies. C. Every proclamation of emergency regulations shall be in writing and signed by the Mayor; shall be dated; shall refer to the particular civil defoose emergency to which it pertains, if so limited; and shall be filed in the office of the City Administrator, where a copy shall be kept posted and available for public inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the Administrator's office shall be conspicuously posted at the front of the City Hall or other headquarters of the City and at such other places in the affected area as the Mayor shall designate in the proclamation. Thereupon the regulation shall take effect immediately or at such later time as may be specified in the proclamation. By like proclamation, the Mayor may modify or rescind any such regulation. 6 D. The Council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation shall expire at the end of thirty (30) days after its effective date or at the end of the civil defense emergency to which it relates, whichever occurs first. Any ordinance, rule or regulation inconsistent with an emergency regulation promulgated by the Mayor shall be suspended during the period of time and to the extent that such conflict exists. During the civil defense 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 exigencies of the disaster without compliance with time consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, limitations upon tax levies; and the appropriation and expenditure of public funds including, but not limited to, publication of ordinances and resolutions, publication of calls for bids, provisions of civil service laws and rules, provisions relating to low bids, and requirements for budgets. E. During achril defense an emergency, the Mayor is authorized to contract on behalf of the City for services for the purchase of merchandise or materials where the amount of the contract or purchase does not exceed $10,000.00 $25,000.00. The Mayor may take such action without prior approval of the Council and without compliance with regular purchasing and bidding procedures, but all claims resulting therefrom shall be audited and approved by the Council as in the case of other purchases and contracts. Section 7 - City Code Chapter 2, Section 2.11, Subdivision 7, is amended to read as follows: Subd. 7. Civil Defense Emer!!encv Mana!!ement Ae:encv Procedure. A. There is hereby established in the City Treasury an civil defense emergency management account. Into this account shall be placed the proceeds of taxes levied for civil defense emergency mana~ement, money transferred from other funds, gifts, and other revenues of the civil defense emergency management agency. From it shall be made expenditures for the operation and maintenance of the civil defense emergency management agency and other expenditures for civil defense emergency management. Regular accounting, disbursement, purchasing~ budgeting and other financial procedures of the City shall apply to the civil def-ense emergency management fund insofar as practicable; but, budgeting requirements and 7 other financial procedures shall not apply to expenditures from the fund in any case when their application will prevent compliance with terms and conditions of a Federal or State grant of money or property for civil defense emergency management purposes. Section 8 - City Code Chapter 2, Section 2.11, Subdivision 9, is amended to read as follows: Subd. 9. Conformity and Cooperation With Federal. State and County Authoritv. A. Every officer and agency of the City shall cooperate with Federal, State and County authorities and with authorized agencies engaged in chil defense emergency management and emergency measures to the fullest possible extent consistent with the performance of their duties. The provisions of this Section and of all regulations made thereunder shall be subject to all applicable and controlling provisions of Federal and State laws and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far as there is any conflict therewith. B. The Mayor, with the approval of the Council, may appoint any qualified person holding a position in any agency created under Federal or State authority for civil, defense purposes as a special police officer of the City, '.vith such police powers and duties within the City, incident to the functions of the position, not exceeding those of a regular police officer shall be subject to the supervision and control of the Chief of Police and such other police officers of the City as the Chief may designate. Section 9 - City Code Chapter 2, Section 2.11, Subdivision 10, is amended to read as follows: Subd. 10. Civil Defense Emer!!encv Mana!!ement a Governmental Function. All ( functions hereunder and all other activities relating to civil defense 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 that person would not otherwise be entitled under this ,S,section or under the worker's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress. Section 10 - City Code Chapter 2, Section 2.11, Subdivision 11, is amended to read as follows: Subd. 11. Participation in Labor Dispute or Politics. The civil defense emergency management agency 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. 8 Section 11 - City Code Chapter 2, Section 2.12, is amended to read as follows: SEC. 2.12. CIVIL DEFENSE COORDINATOR EMERGENCY MANAGEMENT DIRECTOR. The Council may appoint an Civil Defense Coordinator Emergency Management Director either for the City or in conjunction with another unit of government, and provide for compensation. Section 12 - Summary Approved. The City Council determines that the text of the summary ordinance marked "Official Summary of Ordinance No. 769" (a copy of which is attached) clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and summary will clearly inform the public of the intent and effect of the ordinance. Section 13 - Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and a copy is provided to the Shakopee Library for posting and filing. The ordinance is available for inspection by any person during regular office hours at these locations. Section 14 - Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and the Shakopee Library. Section 15 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this _ day of_, 2006 Mayor of the City of Shakopee ATTEST: City Clerk 9