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6.01 JOINT ACTION EMERGENCY MANAGEMENT SERVICES FOR DOUGLAS COUNTY An ordinance to repeal an ordinance providing for a Civil Defense Organization and for protection and promotion of public safety, health and welfare in the County of Douglas during an emergency and create an ordinance governing emergency government services in the County of Douglas entitled "Emergency Management Services for Douglas County". THE COUNTY BOARD OF SUPERVISORS OF DOUGLAS COUNTY DOES ORDAIN AS FOLLOWS: The Ordinance entitled "Civil Defense for Douglas County" - an Ordinance providing for a Civil Defense Organization and for protection and promotion of Public Safety, Health and Welfare in the County of Douglas during Civil Defense Emergencies, adopted September 1, 1961, and its later amendments, are hereby repealed and recreated as Ordinance 6.01, "EMERGENCY MANAGEMENT SERVICES FOR DOUGLAS COUNTY." SECTION I. DECLARATION OF POLICY A. To ensure that the County of Douglas and subdivisions will be prepared to cope with emergencies resulting from enemy action, and with emergencies resulting from man-made and natural disasters, an Emergency Government Services Organization is created to carry out the purposes set out in Chapter 166.03 of the Wisconsin Statutes. B. Definitions as used in this Ordinance: 1. "Emergency Management Services" includes "Civil Defense" and means all measure undertaken by or on behalf of the County of Douglas or its subdivisions: to prepare for and minimize the effect of enemy action, and natural or man-made disasters upon the civilian population; to effectuate emergency repairs to, or the emergency restoration of vital public utilities and facilities destroyed or damaged by such enemy action or disaster. 2. "Civil Defense" means all measures undertaken by or on behalf of the County and its subdivision to prepare for and minimize the effect of enemy action upon the civilian population of Douglas County. ---PAGE BREAK--- 3. "Enemy Action or Attack" means the hostile action by a foreign power which threatens the security of this county, state or nation, or any part thereof. 4. "Natural Disaster" includes all other extraordinary misfortunes affecting the population of the county, natural or man-made, not included in the term “Enemy Action." 5. "Officer" means any elected or appointed officer or department head of Douglas County Government, except those in the judiciary, holding an office, the powers and duties of which are defined by the constitution or statutes of the State of Wisconsin or by the resolution or ordinances of the County of Douglas. 6 "Deputy" means any deputy, assistant or other subordinate officer authorized pursuant to law, to exercise all of the powers and discharge the duties of an office. 7. "Unavailable" means that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of the office because of a vacancy, and his duly authorized deputy is not available to exercise the powers and discharge the duties of the office. 8. "Emergency Interim Successor" means a person designated, pursuant to this ordinance, who in the event the incumbent or his deputy is unavailable, is to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by law, or until the lawful incumbent or his deputy is able to resume the exercise of the powers and discharges of the duties of the office. SECTION II. COUNTY EMERGENCY GOVERNMENT SERVICES COMMITTEE A. How constituted: The Chairman of the Douglas County Board of Supervisors will appoint five members of the Board of Supervisors, under the rules, and will designate them as the Douglas County Emergency Management Services Committee. When acting as such committee, the Chairman of the County Board shall be its chairman. B. Duties of the County Emergency Management Services Committee shall be an advisory and planning group and shall advise the County Emergency Management Services Director and the County Board of Supervisors on all matters pertaining to Emergency Management Services. It shall meet upon call of the Chairman. ---PAGE BREAK--- SECTION III. COUNTY-CITY EMERGENCY GOVERNMENT SERVICES COORDINATOR A. Joint Director; There is hereby created the Office of County Emergency Management Services Director. The County Emergency Management Services Director shall also hold the office of Emergency Management Services Director in those municipalities of the County as may hereafter enact an ordinance parallel to this ordinance. Following such action the County Director of Emergency Management Services shall have the additional duties and responsibilities of a town or municipality as Director of Emergency Management Services as provided for in Section 66.30 of Wisconsin Statutes. The Director shall also perform such additional duties as may be given him or her by the County Emergency Management Services Committee. 1. Appointment: The Director shall be appointed by the County Emergency Management Services Committee. Such appointment shall be subject to confirmation of the County Board. It shall be a full-time position and shall hold office at the pleasure of the County Board. 2. Status: The Director shall be considered to be an employee of the County, not under Civil Service, and shall be entitled to all the rights, privileges and benefits that County employees have. He or she shall report and be responsible to the County Emergency Management Services Committee. 3. Statutory Provision: The provision of Section 166.03 Wisconsin Statutes, relating to Personnel shall apply to the Director and his or her staff. SECTION IV. SHARING OF COSTS A. The County Board shall provide offices, office furniture, and such other help as may be necessary to carry out the functions of the County/City of Superior Emergency Management Services Director and the costs thereof, including salaries and employee benefits, shall be defrayed by the County of Douglas, with the help of Federal matching funds. B. Such other expense to carry out the duties of the Director including running expenses such as telephone, office supplies, travel, exercises, training where applicable, etc., shall be borne 65% by Douglas County and 35% by the City of Superior. Any Federal or State reimbursements to be deducted prior to computations. Semi-annual payments shall be made by the City upon presentation of itemized voucher setting out these costs. C. The recurring and maintenance charges for the Municipal Warning system shall be borne by the municipality in which they are installed. Should Federal or State matching funds be received, the voucher will be correspondingly reduced. Voucher to be presented to the municipality by the Office of Emergency Government Services. ---PAGE BREAK--- D. When it is determined that an emergency exists growing out of a natural or man-made disasters, and mutual aid is provided between municipal and County, specific cost records as to time, material, and equipment shall be maintained, and charged to the jurisdiction of the disaster occurrence. Federal, State or other financial aids received as a result of the disaster will be deposited to the appropriate jurisdiction. E. Major Equipment and Services: Cost of the equipment and services shall be borne 100 percent by municipal government requiring such procurement with Federal matching funds procured by the County-Municipal Coordinator when applicable. Federal matching funds reimbursement shall be returned to the Treasurer of the municipality procuring the equipment or services. SECTION V. JOINT ACTION: DUTIES OF DIRECTOR: Whenever it is deemed necessary by either the County Emergency Management Services Committee or the City of Superior Emergency Management Services Committee, a joint meeting shall be held to decide such matters as may arise. A. County-wide Duties: The coordinator, in his or her capacity as County Director, subject to the control and direction of the County Emergency Management Services Committee and under the general supervision of the County Board shall: 1. Develop and promulgate emergency plans for the county, including planning for joint-action municipalities, consistent with the State plan of Emergency Management; 2. Coordinate and assist in the development of non-joint action municipal EG Service plans with the county, and integrate such plans with the County plan; 3. Coordinate the county and joint-action municipality emergency government services programs; 4. Direct county-wide emergency government services training programs and exercises; 5. Advise the State Administrator of the Division of Emergency Management, through the State Area Director of all emergency government planning for the county and render such reports as may be required. 6. In case of a state of emergency proclaimed by the Governor, coordinate the county and joint-action municipalities emergency actions and coordinate the non-joint-action municipal emergency actions within the county, such to the coordinating authority of the State Administrator. ---PAGE BREAK--- B. Municipal Duties: The Coordinator in his capacity as coordinator for a municipality participating in joint action shall: 1. Coordinate the municipal emergency government organization; 2. Develop, promulgate, and integrate into the County plan, emergency government plans for the operating services of the municipality; 3. Coordinate participation of the municipality in such emergency government training programs and exercises as may be required on the County level or by the State Administrator; 4. Direct the municipal emergency government training programs and exercises. 5. Perform all administrative duties necessary for the submission of reports and procurement of Federal matching funds for each municipality requesting Federal matching funds; 6. In case of a state of emergency proclaimed by the Governor, coordinate the activities of the municipal emergency government organization; 7. Perform such other duties, relating to emergency government services, as may be required by the municipal governing body. SECTION VI. MUNICIPAL DEPUTY EMERGENCY GOVERNMENT SERVICES COORDINATOR: A. Municipal Deputy Emergency Management Service Director: Each municipality passing a joint-action ordinance with the county may appoint a Deputy Emergency Management Services Coordinator. 1. The term of the Municipal Emergency Government Services Coordinator shall be at the pleasure of the municipality. 2. The municipal Deputy EG Services Director will operate under the administrative direction of the County EG Services Director. 3. Remuneration, if any, for the Deputy Municipal EG Services Director will be determined and paid by the governing body of that municipality. ---PAGE BREAK--- SECTION VII. UTILIZATION OF EXISTING SERVICES AND FACILITIES: A. Policy: In preparing and executing the Emergency Management Services Program, the services, equipment, supplies and facilities of the existing departments and agencies of the county shall be utilized to the maximum extent practicable; and the officer and personnel of all such departments and agencies are directed to cooperate with and extend such services and facilities as are required of them. B. Responsibility: State of Wisconsin Emergency Management Plan: Section 166.03 of the Wisconsin Statutes requires that the governing body of each county, town and municipality adopt an effective program of emergency management consistent with a State plan in order that the State and its sub-divisions will be prepared to cope with emergencies. Section 166.03 General Change Order No. 5 contains and describes certain responsibilities of the county and municipal subdivisions of the State Plan entitled "State of Wisconsin Emergency Management Plan". The State of Wisconsin Emergency Management Plan, as amended by General Change Order No. 5 has been reviewed by the County of Douglas and is deemed appropriate for this locality. Copy of this plan is on file in the Emergency Management Services Office. The basic plan includes the following: Sections: I. Emergency Organization and Management II. Hazard Analysis and Mitigation III. Planning and Training IV. Public Education V. Warning and Public Information VI. Emergency Decision-Making VII. Emergency Action Checklists SECTION VIII. EMERGENCY TEMPORARY RELOCATION OF GOVERNMENTS: Because of the existing possibility of enemy action on the United States, or natural or man-made disaster, includes hazardous material accidents, in the event of such attack or incident, to assure the effective continuity of the legal constituted governments of the County of Douglas, it becomes prudent to provide for the relocation of said governments in order to insure its survival, emergency operations, and continuity in the interest of public welfare and protection. A. TEMPORARY LOCATION FOR COUNTY/MUNICIPAL GOVERNMENTS: When it becomes imprudent, inexpedient, or impossible to conduct the affairs of the County of Douglas, City of Superior, towns and villages within Douglas County, the governments may meet at any other place within or outside the County of Douglas, or within or outside the State of Wisconsin, on the call of the Chairman of the County Board of Supervisors or his emergency interim successor as provided by law. ---PAGE BREAK--- B. Conduct of Business at Emergency Location. During the period when business is being conducted at the emergency temporary location, all County and Municipal elected officials, department heads and other officers shall exercise at such locations all of the administrative and legislative powers and functions conferred upon them by the laws of the State of Wisconsin and the Ordinances of Douglas County. SECTION IX. CONTINUITY OF GOVERNMENT In the event of Enemy Action against the United States, or a Natural Disaster, the continuation of effective, legally constituted leadership, authority and responsibility in theoffices of the governments of this County, it is necessary to provide for the appointment of emergency interim officers who can exercise the powers and discharge the duties of the key executive, administrative and legislative offices of this county in the event that the incumbents thereof, and their deputies, assistants or other subordinate officers authorized, pursuant to law, to exercise all the powers and discharge the duties of such offices, are killed, missing, disabled, or for some other cause unable to perform the duties and functions of their office during and immediately after Enemy Action or Natural Disaster. Therefore, in pursuance of the authority conferred by Act 203 of the Public Acts of 1959 and any subsequent Acts the following is resolved: A Designation, Status, Qualifications, and Term of Emergency Interim Successors: 1. Within thirty days following the effective date of this ordinance and thereafter within five days after first entering upon the duties of their office, all elective and appointive officers of Douglas County Government, except judicial officers, shall designate by title three emergency interim successors and specify their order of succession. 2. The Officer shall file a list of such emergency interim successors, their addresses and phone numbers, with the Douglas County Clerk. after the person's designation, each emergency interim successory shall take the oath of office for the office for which the person is designated. This oath shall be administered by any person authorized to administer oaths in the State of Wisconsin. 3. Review of Designations: The Officer shall review and as necessary revise the designation of emergency successors to insure that at all times there are three qualified emergency interim successors, and follow procedures in IX-A-2 above. ---PAGE BREAK--- 4. Qualifications: No person shall be designated or serve as an Emergency Interim Successor unless he may under the constitution and statutes of the State of Wisconsin and resolutions and ordinances of this county, hold the office to which he has been designated. 5. Status of Emergency Interim Successory and Keeping Informed: Until such time as the person designated as an Emergency Interim Successor succeeds to the exercise of the powers and the discharge of duties of an office, the person holds that designation at the pleasure of the designator and may be removed or replaced by the designating authority at any time, with or without cause, by filing notice thereof, signed and sworn to by the designator, with the Douglas County Clerk. Each Interim Successor shall keep generally informed as to the duties, procedures, practices, and current affairs of the office to which designated. B. Assumption of Powers and Duties of Officer by Emergency Interim Successor: If any officer as herein above described or the officer's legally authorized deputy is not able or is unavailable to exercise the powers and discharge the duties of the office, the emergency interim successor highest in rank in order of succession who is available shall exercise the powers and discharge the duties of the office until such time as a new officer is appointed or elected and qualified, or the regular incumbent of the office or the deputy again become available to exercise the powers and discharge the duties of the office. C. Determination of Availability of Emergency Interim Successors and Notifications: The Douglas County Emergency Management Services Director in the event of a disaster from enemy action upon the United States, as soon as possible, shall determine what officers and deputies are unavailable to exercise the powers and discharge the duties of their office because of said disaster, and in such event shall notify the available emergency interim successor, highest in order of succession, to exercise the powers and discharge of duties of the office. D. Legislative Bodies: All cities, towns, villages and townships within the County of Douglas shall be contacted by the County Emergency Management Director and requested to enact resolutions or ordinances providing for emergency interim successors to offices in said political units in accordance with Act 203 of the Public Acts of 1959 and any subsequent Act pertinent to. Said legislative bodies will be requested by said Coordinator to notify the officers of their political units together with their addresses and phone numbers and their order of succession with the clerk of the governmental unit and the Douglas County Clerk. SECTION X. RECORDS MANAGEMENT AND PRESERVATION: In the event of a natural disaster or enemy action requires the establishment of a program to promote further efficiency and economy in the creation, maintenance and disposal of records, and to assure the preservation of those records which would be necessary for the continuation of government operations and for the protection of the rights and interests of persons after a disaster or enemy attack. ---PAGE BREAK--- B. Definitions - as used unless the context otherwise clearly indicates. 1. Record shall mean any document, book, paper, photograph, microfilm, sound recording, or other material, regardless of physical form or characteristics, made, received, or kept pursuant to law, charter, or ordinance of which is normally made, received, or kept in connection with the transaction of the official business of this County or municipalities. 2. Essential Record shall mean any County or municipality record which contains information necessary to the operation of government in an emergency created by disaster or enemy attack, and those which contain information necessary to protect the rights and interests of persons or to establish and affirm the powers and duties of government in the resumption of operation after a disaster or enemy attack. C. Records Officers: The County Clerk, City Clerk, Town and Village Clerks shall establish and administer a records management and preservation program and shall have all the powers and duties prescribed by this Ordinance and State, Municipal, Town and Village Ordinances. The Records Officer(s) shall, with due regard for the functions of the department(s) concerned: 1. Establish standards, procedures, and techniques for the effective management of all records and the selection and preservation of essential records. Wherever possible - microfilm. 2. Select and classify, with the advice of officials and department heads, those records which as essential and in conformance with State Statutes. 3. Make studies and surveys and recommend improvements in records management procedures and records preservation practices. 4. Establish standards for the preparation of schedules providing for the retention of records containing value, and for the prompt and orderly disposal of records no longer possessing sufficient administrative, legal fiscal, research, or historical value to warrant further retention. 5. Comply with the rules, regulations, standards and procedures issued by the Records Officer D. Confidential Records (Treatment of Confidential Records): When a record is normally treated in a confidential manner, the Records Officer in effectuating the purposes of this Ordinance shall assure the protection of its confidential nature. E. Disposal of Records: All records, which, in the judgement of the Records Officer the advice of officials and department heads, have no administrative, legal, fiscal, research or historical value, ---PAGE BREAK--- shall be destroyed or otherwise disposed of. No such record shall be destroyed if any statutes or the charter of any Ordinance of this County prohibits such destruction. State Statutes cover much of this under heading "Public Records - Destruction Permitted." F. Movement of Records in Emergency: In the event of Enemy Action or the imminence thereof, or in case of a disaster, the Records Officer shall have the authority to remove any essential records from their designated or customary locations and to store them at alternate locations whether within or outside the County. He shall give due consideration to the plans pursuant to the authority granted by Section X-C of this ordinance. SECTION XI. FALLOUT SHELTER PROPERTIES: DURING TIME OF EMERGENCIES OR DISASTER: A. The Director of the Joint Action Emergency Management Services for Douglas County shall take custody, on behalf of the County, of all properties of any type or nature, for Civil Defense purposes, which are owned by the County, loaned, given or donated to the County from any source, including the federal government and its sources, as well as participants to this joint-action; and, which such properties are in the care, custody and control of the County and the Emergency Management Services agency thereof, the Director of said agency shall be responsible for such properties and may perform such reasonable acts as are necessary to protect and conserve such properties. Whoever shall damage, deface, destroy, take, carry away or steal any of the aforesaid properties, or whoever shall unlawfully or willfully commit a trespass in or on any fallout shelter where any of such properties have been stored or kept for Civil Defense purposes shall, upon conviction, thereof, be punished as provided for in Section XV-B of this Ordinance. SECTION XII. DEBRIS REMOVAL ON PRIVATE PROPERTY: A. Policy: Such ordinances under which the use of County or Municipal Government equipment on private property is prohibited are hereby amended under the provisions of US PL93-288, to permit debris removal when such action is invoked by Presidential Declaration. In most cases, this shall not and is not intended to authorize compensation for debris removal from private property by private individuals. Accordingly whenever possible debris removal from private property will be accomplished by use of local or county-owned equipment, provided that such individuals sign a Certificate of Release olding local, county, state of federal governments free of liability. B. Responsibility-Douglas County Emergency Management Director: 1. The Director is hereby authorized to execute for, on behalf of the County of Douglas, a public entity established under the laws of the State of Wisconsin, any application, and to file it in the appropriate state office for the purposes of obtaining certain federal assistance under United States PL 93-288. ---PAGE BREAK--- 2. Under the provisions of United States PL 93-288, debris removal from private property shall be coordinated by the Douglas County Emergency Services Director or his designee for all areas within Douglas County. 3. The coordinator shall establish liaison and coordinate with the Douglas County Agricultural Stabilization and Conservation Committee which shall have responsibility for debris removal on private property for all designated predominantly rural areas. C. Responsibility - Douglas County Highway Commissioner and Municipal Public Works Directors: 1. Rural areas and those areas presently under his jurisdiction under the control of the Douglas County Highway Commissioner, and can delegate control to departments of municipalities of the County. 2. City of Superior under the control of the Superior Director of Public Works. 3. Initiate necessary steps to insure that responsible departments of public works, engineering, or street departments in all municipalities within the county are aware of debris removal responsibilities under United States PL 93-288. 4. Maintain inventories of engineering equipment of municipalities within the county. 5. Establish liaison with private contractors for possible utilization of their engineering equipment under the provisions of United States PL 93-288. 6. Be authorized to employ short-term emergency manpower at the present Douglas County part-time salary schedule, as necessary to implement debris removal from private property under provision of United States PL 93-288, with approval of the Douglas County Board Chairman. SECTION XIII. OTHER EMERGENCIES: A. Joint Action Municipalities: In the event the Governor determines that an emergency exists growing out of natural or man-made disasters, the County EG Services Coordinator will activate and coordinate the Emergency Government Services at the appropriate level of government affected by the emergency. B. Non-Joint-Action Municipalities: In the event of a natural or man-made disaster the County Coordinator will coordinate the municipalities affected and render such assistance that is required and available from county resources. ---PAGE BREAK--- C. Emergency Use of Vehicles: In any state of emergency, when an individual is responding to an official request for help during such emergency, any person may operate any vehicle within Douglas County without regard to motor vehicle registration laws or being subject to arrest under the provisions of Section 341.01, Wisconsin Statutes, or any ordinance adopted by Douglas County incorporating the provisions of said Wisconsin Statute. D. Red Cross and Salvation Army Not Affected: Nothing contained in this ordinance shall limit or in any way affect the responsibility of the American Red Cross as authorized by the Congress of the United States, nor the activities and responsibilities of the Salvation Army as prescribed in their constitution and by-laws in the assumption of their commitment ease the burdens of the general public in time of distress and disaster. SECTION XIV. STATES OF EMERGENCY: A. During any period of time in which a state of emergency has been proclaimed by the Governor of the State of Wisconsin, the County Board of Supervisors for Douglas County shall be allowed to employ the Douglas County Emergency Organization and the facilities and other resources of said organization to cope with the problems of the emergency. SECTION XV. PENALTIES: A. Penalties: It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the Emergency Management Services Organization in the enforcement of any order, rule, regulation or plan issued pursuant to the authority contained in this ordinance. For a violation of any of the provisions of this ordinance the person shall forfeit not more than $300.00, shall be imprisoned in the county jail for a period not exceeding 90 days, or both. SECTION XVI. SEVERABILITIES: Should any provision of this Ordinance be held invalid, or unconstitutional, it is intended that all of the provisions of this Ordinance have effect separately, and that such hold of invalidity, or unconstitutionality, of one provision of this Ordinance, shall not affect the validity of the other provisions of this Ordinance. SECTION XVII. EFFECTIVE DATE: This Ordinance shall take effect immediately upon passage, approval and publication as required by law. ---PAGE BREAK--- Copies of this ordinance shall be sent to the Area Director and Administrator of the State Division of Emergency Government. Amendments: January 20, 1983 February 16, 1989