Chapter 18
EMERGENCY MANAGEMENT AND SERVICES*
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State law references: Oklahoma Emergency Management Act of 2003, 63 O.S. § 683.1 et seq.; Oklahoma Riot Control and Prevention Act, 21 O.S. § 1321.1 et seq.; municipalities authorized to enact ordinances in conformity with act, 21 O.S. § 1321.9; political subdivisions, emergency management programs, 63 O.S. §§ 683.11, 683.12.
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Article I.
In General
Secs. 18-1– 18-18. Reserved.
Article II.
Emergency Management Office
Sec. 18-19. Purpose of emergency management organization.
Sec. 18-20. Definitions.
Sec. 18-21. Department and direction of emergency management; advisory committee.
Sec. 18-22. Duties and authority of director.
Sec. 18-23. Powers of director in emergencies.
Sec. 18-24. Compensation of members.
Sec. 18-25. Political activity prohibited.
Sec. 18-26. Restriction on employment; loyalty oath required.
Sec. 18-27. Procedure for adoption of emergency operations plan (EOP).
ARTICLE I.
IN GENERAL
Secs. 18-1– 18-18. Reserved.
ARTICLE II.
EMERGENCY MANAGEMENT OFFICE
Sec. 18-19. Purpose of emergency management organization.
An emergency management organization is created for the city to carry out preparations for and to function in the event of emergencies endangering the lives and property of the people of the city. The duties of the emergency management organization are the protection of the lives and health of the citizens and of property and property rights, both private and public, and performance of all functions necessary and incident thereto.
(Code 2000, § 13-401)
State law references: Local emergency management organizations required, 63 O.S. § 683.11.
Sec. 18-20. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Director means the person appointed by the manager from time to time to carry out the duties and exercise the powers granted under this chapter. In the event no person is appointed as director, the city manager or, at the city manager's direction, the fire chief shall serve in that capacity as necessary unless otherwise specifically provided by the city manager or the city commission.
Emergency means any manmade or natural disaster that creates conditions resulting in the declaration by the federal, state, or city government of a state of emergency.
Emergency management means the preparation for and the coordination of all emergency functions by organized and trained persons who will extend existent governmental functions and provide other necessary nongovernmental functions to prevent, minimize and repair injury and damage resulting from natural or manmade disasters developing to such an extent to cause an extreme emergency situation to arise, which by declaration of the governor jeopardizes the welfare of the citizens of this state. These emergency functions include, but are not limited to, firefighting, law enforcement, medical and health, search and rescue, public works, warnings, communications, hazardous materials and other special response functions, evacuations of persons from affected areas, emergency assistance services, emergency transportation, and other functions related to preparedness, response, recovery and mitigation.
Emergency management office means an organization created by the city in accordance with the provisions of the Oklahoma Emergency Management Act of 2003 to perform local emergency management functions.
Emergency operations plan means the plan adopted by the city that provides the organization, administration and functions for emergency management in the city.
Manmade disaster means a disaster caused by acts of man including, but not limited to, an act of war, terrorism, chemical spill or release, or power shortages.
Natural disaster means any natural catastrophe, including, but not limited to, a tornado, severe storm, high water, floodwaters, wind-driven water, earthquake, landslide, mudslide, snowstorm, or drought which causes damage of sufficient severity and magnitude to warrant hazard mitigation or the use of resources of the federal, state, or city government to alleviate the damage, loss, hardship or suffering caused thereby.
State of emergency shall be deemed to exist whenever, by reason of any disaster, such state of emergency is legally proclaimed by the proper authority as provided in this article, and such state of emergency shall continue until terminated by proclamation of the proper authority as provided by this article.
State law references: Similar provisions, 63 O.S. § 683.3.
Sec. 18-21. Department and direction of emergency management; advisory committee.
There is hereby established under the executive branch of the government a department of emergency management which shall consist of:
(1) A direction of emergency management, who may be appointed and removed with or without cause by the city manager, who shall possess the qualifications set forth in 63 O.S. § 683.11;
(2) An emergency management advisory committee. This committee shall consist of the mayor as chairman and five members appointed by the mayor and serving at his pleasure. The committee shall select from its members a vice-chairman and secretary. It shall hold such meetings as are directed by the mayor and its function shall be to act in an advisory capacity as needed or requested by the mayor or the director of emergency management.
(Code 2000, § 13-402)
State law references: Requirement for appointment of director, 63 O.S. § 683.11.
Sec. 18-22. Duties and authority of director.
(a) The director of emergency management shall be the executive head of the department of the emergency management and shall be responsible for carrying out the emergency management program of the city. He shall serve without compensation but may be reimbursed for expenses incurred in the performance of his duties.
(b) It shall be the duty of the director of emergency management as soon as practicable after his appointment to perfect an organization to carry out the purposes set forth in this chapter and he shall have all necessary power and authority to form committees or other bodies and to appoint and designate the chairman or chief officer of such bodies as may be necessary to perfect such an organization.
(c) He shall have further duty and responsibility to cooperate with all emergency management agencies of other governmental units, including the state and the federal government.
(d) The director of emergency management is further authorized to formulate written plans and gather information and keep written record thereof to govern the functions of the emergency management organization.
(Code 2000, § 13-403)
Sec. 18-23. Powers of director in emergencies.
(a) In the event of an enemy-caused emergency or emergency resulting from natural causes, the director of emergency management after due authorization from the mayor shall have the power and authority to enforce all rules and regulations relating to emergency management and, if necessary, take control of transportation, communications, stocks of fuel, food, clothing, medicine, and public utilities for the purpose of protecting the civilian population. He shall cooperate in every way with the activities of other governmental agencies or emergency management organizations. If required by the mayor, the director shall have control over any and all funds allocated from any source for the purpose of alleviating distress conditions in the city.
(b) The director of emergency management and other members of the emergency management organization created by him shall have the power and authority to enforce the laws of the state and ordinances of the city during the period of emergency and shall at such time have the further power to make arrests for violations of such laws or ordinances.
(Code 2000, § 13-404)
State law references: Declaration of local emergency, 63 O.S. § 683.11.
Sec. 18-24. Compensation of members.
All members of the emergency management organization created in this article shall serve without compensation. The city shall not be liable for any personal or bodily injury received by any member of such organization while acting in the line of duty.
(Code 2000, § 13-405)
Sec. 18-25. Political activity prohibited.
The emergency management department established in this article shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes.
State law references: Similar provision, 63 O.S. § 683.15.
Sec. 18-26. Restriction on employment; loyalty oath required.
(a) No person shall be employed in any capacity in the emergency management department who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or in this state 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.
(b) Each person who is appointed to serve in an organization of emergency management shall, before entering upon employment duties, take the Oklahoma Loyalty Oath, in writing, before a person authorized to administer oaths in this state.
Sec. 18-27. Procedure for adoption of emergency operations plan (EOP).
The emergency management advisory committee, together with the emergency management department and the director thereof, may compile the city's emergency operations plan (EOP), in coordination with the county and other relevant municipal EOPs. Before an emergency operations plan may be adopted, it shall be forwarded to the board of commissioners for consideration. Upon adoption by the board of commissioners of a resolution approving the emergency operations plan as the official plan of organization for the performance of emergency management activities in the city, the plan shall be in effect.
State law references: Emergency operations plan required, 63 O.S. § 683.11.