HomeMy WebLinkAboutResolutions - 1991.12.12 - 18449RuLL A. Joh4s6n, Chairperson
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December 12, 1991
Miscellaneous Resolution 91293
BY: PUBLIC SERVICES COMMITTEE - Ruth A. Johnson, Chairperson
IN RE: UPDATE OF OAKLAND COUNTY EMERGENCY MANAGEMENT POLICY AND ORGANIZATION
Ms. Chairperson, Ladies and Gentlemen:
WHEREAS the Oakland County Board of Commissioners by Miscellaneous
Resolution #83068 (March 17, 1983) established an Emergency Management policy
and organization consistent with Act No. 390, Public Acts of 1976, as
amended; and
WHEREAS the Michigan Emergency Management Act (Act No. 50, Public
Acts of 1990) repealed Act No. 390, Public Acts of 1976, as amended; and
WHEREAS the Michigan Department of State Police Emergency Management
Division has inforiaed the County to update Miscellaneous Resolution #83068
consistent with the Michigan Emergency Management Act; and
WHEREAS the attached Emergency Management Policy was offered by the
Michigan Department of State Police and reviewed by Corporation Counsel; and
WHEREAS the County emergency management functions are mandated by the
Michigan Emergency Management 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 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 attached County Emergency Management Policy.
AND BE IT FURTHER RESOLVED that written progress reports be presented
to the Public Services Committee by the Manager of the EMS and Emergency
Management Division and to the balance of the members of the Board of
Commissioners.
The Public Services Committee, by Ruth A. Johnson, Chairperson, move
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
OAKLAND COUNTY EMERGENCY MANAGEMENT POLICY
Article 1 - Intent and Purpose
Section 101. It is the intent and purpose of this policy to establish an
organization that will provide for the efficient utilization of all resources
during periods of emergency and disaster.
Section 102. This policy provides for the mitigation, preparedness, response
and recovery from natural, technological, and human-made disasters within
Oakland County.
Section 103. The Oakland County Division of Emergency Medical Services and
Emergency Management 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. 50, Public Acts of 1990.
Section 104. This policy 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 policy, certain words used herein are
defined as follows:
(A) "Act" means the Michigan Emergency Management Act, Act No. 50 of the
Public Acts of 1990, as amended.
(B) "County Executive" shall mean the person duly elected to the
position of County Executive.
,(C) "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.
(D) "Disaster" means an occurrence or threat of widespread or severe
damage, injury or loss of life or property resulting from a natural,
technological, or human-made cause, including but not limited to,
fire, flood, snowstorm, ice storm, tornado, windstorm, wave action,
oil spill, water contamination, utility failure, hazardous peacetime
radiological incident, major transportation accident, hazardous
materials incident, epidemic, air contamination, blight, drought,
infestation, explosion, or hostile military action or paramilitary
action, or similar occurrences resulting from terrorist activities,
riots, or civil disorders.
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(E) "Disaster relief force" means all agencies of county and municipal
government, private and volunteer personnel, public officers and
employees, and all other persons or groups of persons identified in
the Oakland County Emergency Operations Plan or those called into
duty or working at the direction of a party identified in the plan
to perform a specific disaster or emergency related task during a
local state of emergency.
(F) "District coordinator" means the Michigan Department of State Police
District Emergency Management Coordinator. The District Coordinator
serves as liaison between local emergency management programs and
the Michigan State Police Emergency Management Division in all
matters pertaining to the mitigation, preparedness, response and
recovery of emergency and disaster situations.
(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 Manager of
the Oakland County EMS and Emergency Management Division.
(H) "Emergency management program" means a program established to
coordinate mitigation, preparedness, response, and recovery
activities for all emergency or disaster situations within a given
geographic area made up of one or several political subdivisions.
Such a program has an appointed emergency management coordinator and
meets the program standards and requirements as established by the
Department of State Police Emergency Management Division.
(I) "Emergency operations plan" means the Oakland County Emergency
Operations Plan which has been prepared to coordinate disaster
response and recovery within Oakland County.
(J) "Governor's state of disaster" means an executive order or
proclamation by the Governor that implements the disaster response
and recovery aspects of the Michigan Emergency Management Plan and
applicable local plans of the county or municipal programs affected.
(K) "Governor's state of emergency" means an executive order or
proclamation by the Governor that implements the emergency response
and recovery aspects of the Michigan Emergency Management Plan and
applicable local plans of the county or municipal programs affected.
(L) "Local state of emergency" means a declaration by the County
Executive pursuant to the act and this resolution which implements
the response and recovery aspects of the Oakland County Emergency
Operations Plan and authorizes certain actions as described in this -
resolution.
(M) "Vital records" means those records that contain information needed
to continue the effective functioning of a government entity
(jurisdiction, agency, department) and for the protection of the
rights and interests of persons under emergency conditions in the
event of an emergency or disaster situation.
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Article 3 - Emergency Management Office
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 Emergency Management
established within county government. This Division shall have an
administrative head appointed as the Emergency Management
Coordinator who will be known as the Division Manager. 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 Emergency Management 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
policy.
Article 4 - Emergency Management Coordinator; Deputies; Duties
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. The Emergency Management Coordinator shall comply with the
standards and requirements as established by the Department of State Police,
Emergency Management Division, under the authority of the act, in
accomplishing the following:
Article 4, Section 402 - new, gives the State Emergency Management Division
the authority to promulgate several standards and requirements. This section
describes duties in detail.
(A) Coordinate the development of the Oakland County Emergency
Operations Plan, which shall be consistent in content with the
Michigan Emergency Management Plan.
(B) Specify departments or agencies which must provide an annex to the
plan or otherwise cooperate in its development.
(C) Identify departments and agencies to be included in the Emergency
Operations Plan as the disaster relief force.
(D) Develop and maintain a county Resource Manual.
(E) Coordinate the recruitment, appointment, and utilization of
volunteer personnel.
(F) Assure the emergency management program meets eligibility
requirements for state and federal aid.
(G) Coordinate and/or conduct training and exercise programs for the
disaster relief force within the county and to test the adequacy of
the Emergency Operations Plan.
(H) Through public information programs, educate the population as to
actions necessary for the protection of life and property in an
emergency or disaster.
(I) Assist in the development of mutual aid agreements.
(J) Oversee the implementation of all functions necessary during an
emergency or disaster in accordance with the Emergency Operations
Plan.
(K) Coordinate county emergency management activities with those of
the state and adjacent counties.
(L) Coordinate all preparedness activities, including maintaining
primary and alternate Emergency Operations Centers.
(M) Encourage political subdivisions within the county to adopt uniform
emergency resolutions.
(N) Identify mitigation opportunities within the county and encourage
departments/agencies to implement mitigation measures.
(0) Coordinate with all municipalities that are part of the emergency
management program in all matters pertaining to emergency
management.
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
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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. The County Executive shall supervise the activities of the EMS
and Emergency Management Division on a continuous basis. With the advice and
consent of the board, he/she shall folmulate, review, and approve policy and
operational guidelines for this office as needed.
Section 503. The County Executive shall, once every two years, review the
Emergency Operations Plan and, upon deeming it adequate, shall certify the
plan to be current and adequate for the ensuing two years.
Section 504. When circumstances within the county indicate that the
occurrence or threat of occurrence of widespread or severe damage, injury or
loss of life or property from natural, technological, or human-made cause
exists, the County Executive may declare a local state of emergency. Such a
declaration shall be promptly filed with the Department of State Police
Emergency Management Division. This declaration shall not be continued or
renewed for a period in excess of seven days except with the consent of the
board.
Section 505. If the County Executive invokes such power and authority,
he/she shall, as soon as reasonably expedient, convene the board for one or
more emergency meetings in accordance with the Open Meetings Act to perform
its noLmal legislative and administrative duties as the situation demands,
and will report to that body relative to emergency activities. Nothing in
this policy shall be construed as abridging or curtailing the powers of the
board unless specifically provided herein.
Section 506. The County Executive may do one or more of the following under
a local state of emergency:
(A) Direct the Emergency Management Coordinator to implement the
Emergency Operations Plan.
(B) Issue directives as to travel restrictions on county or local roads.
(C) Relieve county employees of normal duties and temporarily reassign
them to other duties.
(D) Coordinate the overall disaster relief effort, including the
disaster relief force, in accordance with the Emergency Operations
• Plan.
(E) Notify the public and recommend in-place or evacuation or other
protective measures.
Section 503 - new, as required by the Emergency Management rules and
regulations.
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(F) Request a state of disaster or emergency declaration from the
Governor as described in Article 6.
(G) When obtaining normal approvals would result in further injury or
damage, County Executive may, until the board convenes, waive
procedures and formalities otherwise required pertaining to the
following:
(1) For a period of up to seven days, send the disaster relief
force of the county to the aid of other communities.
(2) For a period of up to seven days, appropriate and expend funds.
(3) For a period of up to seven days, make contracts, obtain and
distribute equipment, materials, and supplies for disaster
puiposes.
(4) Employ temporary workers.
(5) Purchase and distribute supplies, materials and equipment.
(6) Make, amend, or rescind ordinances or rules necessary for
emergency management purposes which supplement a rule, order or
directive issued by the Governor or a state agency. Such an
ordinance or rule shall be temporary and, upon the Governor's
declaration that a state of disaster or state of emergency is
terminated, shall no longer be in effect.
Section 507. If a state of disaster or emergency is declared by the
Governor, assign and make available for duty the employees, property, or
equipment of the county within or without the physical limits of the county
as ordered by the Governor or the Director of the Michigan Department of
State Police in accordance with the act.
Article 6 - Governor Declaration Request
Section 601. If a disaster or emergency occurs that has not yet been
declared to be a state of disaster or a state of emergency by the Governor,
the board hereby delegates to the County Executive the authority to determine
if the situation is beyond the control of the county. If the disaster or
emergency is considered to be beyond the county's control, the County
Executive may request state assistance. The Emergency Management Coordinator
shall immediately contact the State District Coordinator. The State District
Coordinator, in conjunction with the Emergency Management Coordinator, shall
assess the nature and scope of the disaster or emergency, and they shall
recommend the state personnel, services, and equipment that will be required
for its prevention, mitigation, or relief.
Section 506 (G) - new, Act 390 provides for this authority.
Section 602. The County Executive shall not request state assistance or a
declaration of a state of disaster or a state of emergency for an emergency
which has occurred or is occurring solely within the confines of a township,
city, or village within the county unless requested to do so by the chief
executive official of the affected township, city, or village.
Article 7 - County Departments: Liaison; Duties;
Section 701. Each department/agency of county government identified by the
Emergency Management Coordinator shall appoint an individual who shall
coordinate the emergency management activities of the department/agency and
act as a liaison between his/her department or agency and the Emergency
Management Division on all matters pertaining to emergency management.
Section 702. Each department identified shall appoint a minimum of two
people to serve as successors in the event the emergency management liaison
is not available or requires assistance. Successors shall be listed in the
appropriate annex to the Emergency Operations Plan.
Section 703. Each department liaison shall be responsible for the following:
(A) Prepare and continuously update an annex to the Oakland County
Emergency Operations Plan providing for the delivery of emergency
management activities by that agency or department. The annex shall
be in the form prescribed by the Emergency Management Coordinator.
(B) Recruit, appoint, and organize private, volunteer and other
personnel to be part of the disaster relief force to perform
specific duties as assigned in the Emergency Operations Plan.
(C) Coordinate the agency's or department's emergency management efforts
with those of other county agencies.
(D) Attend training courses relevant to the function of the agency or
department, and ensure staff is trained so as to be able to
implement assigned emergency functions.
(E) Participate in periodic exercises to enhance the adequacy of the
respective agency's or department's response capability.
(F) Develop internal Standard Operating Procedures (SOP's) to accomplish
emergency notification and assigned emergency tasks.
(G) 'Provide the Emergency Management Coordinator with a list of
personnel and resources available within the agency or department
and provide a list of those which may be needed by the department
during times of emergency.
Section 602 - new, acknowledges the authority of the communities to declare a
local state of emergency.
Section 7 - new, identifies county department/agency roles.
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(H) Identify and provide for the protection of vital records.
(I) Implement the directives of the County Executive or his/her designee
under a local state of emergency.
Article 8 - Disaster Contingency Fund
Section 801. A disaster contingency fund is created in the county budget.
Money may be expended from the fund when a local state of emergency has been
declared for the purpose of paying the disaster relief force, purchase of
supplies and services, repair costs, or other needs required specifically for
the mitigation of the effects of, or in response to, the emergency or
disaster.
Article 9 - Volunteers; Appointment
Section 901. Each county department, commission, board, or other agency of
county government is authorized to appoint volunteers to augment its
personnel in time of emergency to implement emergency functions assigned in
the Emergency Operations Plan. Such individuals are part of the disaster
relief force and shall be subject to the rules and operational control set
forth by the respective department, commission, board, or agency through
which the appointment was made.
Article 10 - Rights of Disaster Relief Force
Section 1001. In accordance with the act, personnel of the disaster relief
force while on duty shall have the fnllnwing rights:
(A) If they are employees of a county, municipality, or other
governmental agency regardless of where serving, have the powers,
. duties, rights, privileges, and immunities and receive the
compensation incidental to their employment.
(B) If they are not employees of the county, municipality, or other
governmental agency, be entitled to the same rights and immunities.
Article 11 - Liability
Section 1101. As provided for in the act and this policy, the county or any
political subdivision, or the agents or representatives of any political
subdivision, shall not be liable for personal injury or property damage
sustained by the disaster relief force. In addition, any member of the
disaster relief force engaged in disaster relief activity shall not be liable
in a civil action for damages resulting from an act or omission arising out
of and in the course of the person's good faith rendering of that activity,
Section 8 - new, Act 390 provides for this provision.
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unless the person's act or omission was the result of that person's gross
negligence or willful misconduct. The right of a person to receive benefits
or compensation to which he or she may otherwise be entitled to under the
worker's compensation law, any pension law, or act of congress will not be
affected as a result of said activity.
Section 1102. As provided for in the act, any person owning or controlling
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 or for any
other disaster related function during a declared local state of emergency 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 12 - Severability
Section 1201. Should any section, clause, or provision of this policy be
declared by the courts invalid for any reason, such declaration shall not
affect the validity of this policy as a whole or any part thereof, other than
the section, clause, or provision so declared to be invalid.
Article 13 - Repeals
Section 1301. All County resolutions creating an Emergency Management Policy
inconsistent herewith are hereby repealed.
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Resolution # 91293 December 12, 1991
Moved by Johnson supported by Crake the resolution be adopted.
AYES: Wolf, Aaron, Caddell, Crake, Gosling, Huntoon, Jensen, Johnson,
McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Olsen, Palmer, Pappageorge,Pernick, Price,
Serra, Skarritt. (21)
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, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
,Board of Commissioners on December 12, 1991
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 12th day of—) December 1991
1.
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Lynnib. Allen, County Clerk