HomeMy WebLinkAboutResolutions - 1983.03.30 - 11632Miscellaneous Resolution 83068 March 17, 1983
BY: PUBLIC SERVICES COMMITTEE - James Edward Lanni, Chairperson
IN RE: UPDATE OF COUNTY EMERGENCY MANAGEMENT POLICY AND ORGANIZATION
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by
Miscellaneous Resolution #3303 (April 14, 1959) established a civil
defense policy and organization consistent with Act No. 154, Public
Acts of 1953, as amended; and
WHEREAS the Michigan Emergency Preparedness Act (Act No. 390,
Public Acts of 1976) repealed Act No. 154, Public Acts of 1953, as
amended; and
WHEREAS the Michigan Department of State Police Emergency
Management Division has informed the County to update Miscellaneous
Resolution #3303 consistent with the Michigan Emergency Preparedness
Act; and
WHEREAS the attached resolution was offered by the Michigan
Department of State Police and reviewed by Corporation Counsel; and
WHEREAS the County disaster control functions are mandated
by the Michigan Emergency Preparedness Act, to provide for the
coordination of all matters pertaining to emergency services,
disaster preparedness, and recovery assistance within the County; and
WHEREAS the attached resolution updates the County emergency
management policy and organization consistent with the Michigan
Emergency Preparedness Act.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners approves the County emergency management policy and
organization consistent with the attached resolution.
AND BE IT FURTHER RESOLVED that written quarterly progress
reports be presented to the Public Services Committee by the Manager
of the EMS and Disaster Control Division and to the balance of the
members of the Board of Commissioners.
The Public Services Committee, by James E. Lanni, Chairperson,
move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
E rLo.•. . James Chairperson , r
A RESOLUTION TO ESTABLISH A COUNTY EMERGENCY MANAGEMENT POLICY AND
ORGANIZATION; TO DEFINE THE DUTIES AND RESPONSIBILITIES OF THE
EMERGENCY MANAGEMENT COORDINATOR AND OTHER PERSONNEL; TO
AUTHORIZE THE USE OF THE MATERIAL RESOURCES AND MANPOWER OF THE
COUNTY IN EMERGENCY OPERATIONS; AND TO PREVENT, MINIMIZE AND RELIEVE
DAMAGE TO PERSONS AND PROPERTY RESULTING FROM ANY FORM OF DISASTER.
THE COUNTY OF OAKLAND RESOLVES:
Article 1. Intent and Purpose
Section 101. It is the intent and purpose of this resolution to establish an
organization that will provide for the efficient utilization of all county resources during
periods of emergency and disaster.
Section 102. The Oakland County Division of Emergency Medical Services and
Disaster Control will be the coordinating agency responsible for county-wide emergency
management; it will provide the means through which the County Executive with the
concurrence of the Board of Commissioners and its Chairperson may exercise the
authority and discharge the responsibilities vested in them by this resolution and Act No.
390, Public Acts of 1976.
Section 103. This resolution will not relieve any elected officials or County
departments of the normal responsibilities or authority given by general law or local
ordinance, nor will it affect the work of the American Red Cross or other volunteer
agencies organized for relief in a disaster.
Article 2. Definitions
Section 201. For the purpose of this resolution, certain words used herein are
defined as follows:
A. "County Executive" shall mean the person duly elected to the position of
County Executive.
B. "Chairperson" shall mean the member of the Board of Commissioners selected
to be its chairperson; and "Board" shall mean the Oakland County Board of
Commissioners.
C. "Disaster" means an occurrence or imminent threat of widespread or severe
damage, injury, or loss of life or property resulting from any natural or man-
made cause, including but not limited to fire, flood, snow, ice or wind storm,
wave action, oil spills, water contamination requiring emergency action to
avert danger or damage, utility failure, hazardous peacetime radiological
incident, major transportation accident, epidemic, air contamination, blight,
drought, infestation, explosion, or hostile military or paramilitary action.
Riots and other civil disorders are not within the meaning of this term unless
they directly result from and are an aggravating element of the disaster.
11 "District Coordinator" means the State Police District Emergency
Management Coordinator or his authorized representative.
E. "Emergency Operations Plan" means the Oakland County Emergency
Operations Plan which has been prepared under Section 602 of this resolution
to coordinate disaster response and recovery within Oakland County.
F. "Emergency Management" shall have a broad meaning to include preparations
for, and relief from, the effects of natural and man-made disasters as defined
herein, and to include Civil Defense.
G. "Emergency Management Coordinator" shall mean a person appointed to
coordinate emergency planning and services within Oakland County or as
prescribed in this resolution. In the absence of an appointed person,
"Emergency Management Coordinator" shall mean the Division Manager of the
Oakland County Division of E.M.S. and Disaster Control,
H. "Emergency Management Forces". means all disaster relief forces; all agencies
of the county government, private and volunteer personnel, public officers and
employees; and all other persons or groups of persons having duties or
responsibilities under this resolution or pursuant to a lawful order or directive
authorized by this resolution.
I. "Emergency Management Volunteer" shall mean any person duly registered and
appointed by the Coordinator and assigned to participate in the Emergency
Management activity.
J. "Emergency Situation" means any situation confronting a community requiring
emergency actions of a lesser nature than a disaster, as defined above, to
include, but not limited to, civil disturbances, labor strikes, visits by national
or international dignitaries, and build-up activities prior to an actual disaster.
K. "State of Disaster" means a declaration by executive order or proclamation by
the Governor under the provisions of Act 390, Public Acts of 1976, which
activates the disaster response and recovery aspects of state, county, local,
and interjurisdictional disaster emergency plans and authorizes the deployment
and use of any forces to which the plan or plans apply.
"State of Emergency" means a declaration by the County Executive with the
concurrence of the Board pursuant to this resolution which activates the
disaster response and recovery aspects of the Oakland County Emergency
Operations Plan and authorizes the deployment and use of any emergency
management forces to which the plan applies.
Article 3. Organization for Emergency Management
Section 301. The Board creates an organization to prepare for community disasters
utilizing to the fullest extent existing agencies within the county. The County Executive,
as executive head of county government, shall be the director of the Emergency
Management Forces of the county and shall be responsible for their organization,
administration and operation, working through the Emergency Management Coordinator.
Section 302. The organization for providing emergency management shall consist of
the following:
(a) A Division of Emergency Medical Services and Disaster Control established
within county government. The Division of Emergency Medical Services and
Disaster Control shall have an administrative head appointed who will be
known as the Division Manager, Division of Emergency Medical Services and
Disaster Control. Such assistants and other employees as are deemed
necessary for the proper functioning of the organization will be employed.
(b) The employees, equipment and facilities of all county departments, boards,
institutions and commissions suitable for, or adaptable to emergency
management activities may be designated as part of the total Emergency
Management Forces. Such designations shall be by the County Executive.
Section 303. All officers and employees of departments, commissions, boards
institutions and other agencies of county government designated by the County Executive,
as Emergency Management Forces shall cooperate with the Emergency Medical Services
and Disaster Control Division Manager in the formulation of the Emergency Operations
Plan, and they shall assist the Emergency Management Coordinator in all matters
pursuant to the provisions of this resolution.
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Article 4. Emergency Management Coordinator; Assistants; Deputies
Section 401. The County Executive shall appoint an Emergency Management
Coordinator who shall be a person with the personal attributes, experience, and training
needed to coordinate the activities of the agencies, departments, and individuals within
the county to protect the public health, safety and welfare during emergency situations
and disasters.
Section 402. Assistant Coordinators shall be designated to work with the
Coordinator on emergency planning matters. There shall be one such Assistant
Coordinator appointed from each county department as designated by the department
head, with the approval of the County Executive as part of the Emergency Management
Forces.
Article 5. County Executive; Powers; Duties
Section 501. The County Executive may exercise the emergency power and
authority as specified herein. Whenever a situation requires, or is likely to require, that
the County Executive invoke such power and authority, he shall, as soon as reasonably
expedient, convene the Board to perform its legislative and administrative duties as the
situation demands, and shall report to that body relative to emergency activities. Nothing
in this resolution shall be construed as abridging or curtailing the powers of the Board
unless specifically provided herein.
Section 502. Under the following circumstances, the County Executive may declare
a State of Emergency exists in Oakland County and may assemble and utilize the
Emergency Management Force in accordance with the Oakland County Emergency
Operations Plan, and he may prescribe the manner and conditions of the use of such
Emergency Management Forces:
Whenever, on the basis of information received from authoritative sources, he
feels that a large-scale disaster or emergency situation in the county or state
is imminent.
(b) During any period of disaster in the county or state and thereafter as long as
he shall deem it necessary.
Section 503. Whenever the County Executive deems that any condition in the
county is beyond the control of county public or private agencies or has attained or
threatens to attain the proportions of a major disaster, he may act for the Board and
request the Governor to declare a State of Disaster exists therein by instructing the
Coordinator to contact the District Coordinator in accordance with Section 14, Act 390,
Public Acts of 1976. In such cases, the County Executive shall convene the Board as soon
as practicable for their affirmative action.
Section 504, The County Executive, with the approval of the Board, is hereby
empowered and has the authority:
(a) To appropriate and expend funds, make contracts, obtain and distribute
equipment, materials, and supplies for disaster purposes.
(b) To provide for the health and safety of persons and property, including
emergency assistance to the victims of a disaster.
(c) To assign and make equipment available for duty, the employees, property, or
equipment of the county relating to fire fighting; engineering; rescue; health,
medical, and related services; police; transportation; construction; and similar
items for service for disaster relief purposes within or without the physical
limits of the county.
(d) In the event of a foreign attack upon this State, to waive procedures and
formalities otherwise required by law pertaining to the performance of public
work, entering into contracts, the incurring of obligations, the employment of
permanent and temporary workers, the utilization of volunteer workers, the
rental of equipment, the purchase and distribution with or without
compensation of supplies, materials, and facilities, and the appropriation and
expenditure of public funds.
(a)
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Section 506. The County Executive, with the approval of the Board, may make
regulations permitting the Coordinator to assemble and utilize the Emergency
Management Forces and provide disaster relief aid as prescribed in Sections 502, 503, and
504.
Section 507. When obtaining formal approvals would result in delay of relief
activity, the County Executive may, until the Board convenes, waive procedures and
formalities otherwise required pertaining to the performance of public works, entering
into contracts, the incurring of obligations, the employment of Temporary workers, the
rental of equipment, the purchase and distribution of supplies, materials and facilities and
expenditure of existing funds, and the Board is also empowered to waive any such
procedures and formalities.
Article 6. Emergency Management Coordinator; Powers; Duties
Section 601. The Emergency Management Coordinator shall be responsible for the
administration, planning, coordination and operation of all emergency management
activities in the county, He shall maintain liaison with county, state, and federal
authorities, and the authorities of adjacent and nearby political subdivisions so as to
insure the most effective emergency operations.
Section 602. His duties shall include, but not be limited to, the following;.
(a) Development of the Oakland County Emergency Operations Plan, and any
other appropriate disaster plans, for the immediate use of all of the facilities,
equipment, manpower, and other resources of the county for the purpose of
minimizing or preventing damage to persons or property; and protecting and
restoring to usefulness governmental services and public utilities necessary for
the public health, safety, and general welfare.
(b) Coordinating the recruitment and training of volunteer personnel and agencies
to augment the personnel and facilities of the county for emergency purposes.
(a Through public information programs, educating the population as to actions
necessary and required for the protection of persons and property in case of a
disaster.
(d) Conducting practice alerts and exercises to insure the efficient operation of
the county's emergency organization and to familiarize residents of the county
with emergency regulations, procedures, and operations.
(e) Coordinating the activity of all other public and private agencies engaged in
any emergency or disaster relief programs.
(f) Negotiating with owners or persons in control of buildings or other property
for the use of such buildings or property for emergency or disaster relief
purposes, and designating suitable buildings as public shelters.
(g) Establishing and maintaining administrative control over a local radiological
defense program, to include emergency preparations for both peacetime
radiation incidents and international wartime disasters.
(h) Coordinating county emergency management activities with municipalities
located therein and adjacent counties..
Article 7. Volunteers; Appointments; Records
Section 701. Each department, commission., board, or other agency of county
government may at any time appoint or authorize the appointment of volunteer citizens
to augment the personnel of such county department, commission, board, or agency in
time of emergency. Such individuals shall be enrolled as Emergency Management
Volunteers and shall be subject to the rules and regulations set forth by the respective
department, commission, board, or agency head for such volunteers.
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Section 702. The Coordinator may enlist volunteer citizens to form the personnel of
an emergency service for which the county has no counterpart, or to temporarily augment
personnel of the county engaged in emergency activities. The Coordinator shall maintain
formal records of all such volunteers for workman's compensation purposes.
Article 8. Rights of County Employees
Section 801. County employees assigned to duty as a part of the Emergency
Management Forces pursuant to the provisions of this resolution shall retain all of the
rights, privileges, and immunities of county employees, and shall receive the
compensation incident to their employment.
Article 9. No Governmental or Private Liability
Section 901. This resolution is an exercise by the county of its governmental
functions for the protection of the public health, safety, and general welfare. As such,
neither the county nor agents and representatives of the county, nor any individual,
receiver, firm, partnership, corporation, association, nor trustee, nor any of the agents
thereof acting in good faith carrying out, complying with, or attempting to comply with
this resolution shall be liable for any damage sustained to persons or property as a result
of said activity.
Section 902. Any person owning or controling real estate or other premises who
voluntarily and without compensation grants the county the right to inspect, designate and
use the whole or any part of such real estate or premises for the purpose of sheltering
persons during a disaster 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.
Article 10. Severability
Section 1001. Should any section, clause, or provision of this resolution be declared
by the courts invalid for any reason, such declaration shall not affect the validity of this
resolution as a whole or any part thereof, other than the section, clause, or provision so
declared to be invalid.
Article 11. Repeals
Section 1101. The resolution creating a Civil Defense Agency passed on April 14,
1959 being in conflict with this resolution is hereby repealed.
Article 12. Effective Date
Section 1201. This resolution shall have immediate effect.
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#83068 March 31, 1983
this 31st day of / ) March
6. ALLEN
Counity Clerk/Register of Deeds
1983
Moved by Lanni supported by Geary the resolution be adopted.
AYES: Foley, Fortino, Geary, Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn,
Lanni, McConnell, McPherson, Moffitt, Moore, Nelson, Olsen, Pernick, Price, Rewoid,
Aaron, Caddell, Calandro, Doyon. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution #83068 adopted by the Oakland County Board of Commissioners
at their meeting held on March 31, 1983
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan