Loading...
HomeMy WebLinkAbout4081 ORDINANCE NO. q0 I AN ORDINANCE regarding emergency management in Kitsap County. WHEREAS, RCW 38.52, the Washington Emergency Management Act empowers local governmental entities to establish a program to deal with emergencies and specifically authorizes two or more entities to join together to establish such a program; and WHEREAS, RCW 39.34, the Interlocal Cooperation Act encourages joint programs and cooperation between governmental entities; and WHEREAS, Kitsap County and the cities of Bremerton, Port Orchard, Poulsbo, and Winslow desire to join together to establish a program to deal with disasters and emergencies, both natural and man-made; now, therefore, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN SECTION 1: DEFINITIONS - The following terms are defined as follows: A. Cities - the cities of Bremerton, Port Orchard, Poulsbo, and Winslow. B. Council - the Emergency Management Council of Kitsap County. C. County - Kitsap County. D. Director - the director of emergency organization. E. Emergency or disaster - an event or set of circumstances which (1) demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (2) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010. F. Emergency organization - the Emergency Management Organization of Kitsap County. G. Emergency management - the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and 1 disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or man-made, and to provide support for search and rescue operations for persons and property in distress. H. Search and rescue - the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural or man-made disaster including instances involving searches for downed aircraft when ground personnel are used. SECTION 2: Organization Established- The Emergency Management Organization of Kitsap County is hereby established. This organization is the successor to the Kitsap County Department of Emergency Management. SECTION 3: Duties of Emergency Organization - Emergency organization shall provide emergency management to the residents of and on behalf of county and cities. In addition, emergency organization is, pursuant to RCW 38.52.070, designated as the local organization for emergency management for county and cities. Emergency organization is vested with emergency management power and authority to the maximum extent permitted by RCW 38.52. SECTION 4: Council Established - The Emergency Management Council of Kitsap County is hereby established. SECTINO 5: Control by Council - The control, direction, and management of emergency organization are hereby vested in Council. SECTION 6: Composition of Council - Council shall be composed of nine (9) persons as follows: (1) the three (3) county commissioners; (2) the mayor, city council president and an at large council member of Bremerton; and (3) the mayors of Port Orchard, Poulsbo, and Winslow. If one of the foregoing is unable to attend a meeting of Council, he or she may designate a substitute who shall be empowered to vote and participate in the proceedings. SECTION 7: Conduct of Business by Council - A. Meetings - The business and other matters which come before Council shall be transacted at open, public meetings. Meetings may be scheduled atregular times or may be called only as necessary. Meetings may be called by Council's chairperson or vice-chairperson or by director. B. Quorum - Five (5) members of Council shall constitute a quorum and business may be transacted by majority vote. C. Bylaws - Bylaws may be passed and amended by Council but shall require a two-thirds favorable vote. D. Election - At the first meeting of each calendar year Council shall elect one of its number chairperson and another vice chairperson. Each shall serve for the balance of the calendar year or until successors are elected. E. Minutes - Director or someone designated by him or her shall keep the minutes of all meetings. F. Rules - Council meetings shall be conducted in accordance with Robert's Rules of Order. G. Notice - Prior to conducting and holding meetings, each member of the Council shall be given forty-eight (48) hours advance notice. SECTION 8: Appointment of Director - Council shall appoint a director who shall organize, administrate and operate the emergency organization on a day to day basis. Director shall serve at the pleasure of Council. SECTION 9: Powers and Duties of Director - Director shall: A. Implement the policies, programs and directives of Council in regard to emergency management; B. Make recommendations and reports to Council; C. Represent the emergency management program on behalf of Council in dealings with public and private entities; D. Organize, appoint and train volunteers and salaried employees needed to assist in the implementation of emergency management. E. Coordinate the local emergency management program with state, federal and other local programs; F. Develop an all-hazard emergency plan including procedures to be utilized in emergencies; G. Conduct studies and surveys of hazards and the resources available to deal with them; H. Develop mutual aid agreements for reciprocal emergency management aid and assistance. SECTICN 10: Budget - A. Sut~nittal - Prior to the expiration of each calendar year director shall su~nit a proposed budget to Council. B. Adoption - Council shall adopt'abudget Ninety (90) days prior to the end of the Calendar year. SECTIC~ 11: l~5~nding- The annual budget amount of emergency organization not funded after receipt of grants or gifts shall be funded by assessments from county and cities. The assessment amount for each city shall be that amount which is obtained when the population of that city is divided by the total population of county and that percentage is thenmultipliedby the budget amount. The assessment amount for county shall be that amount which is obtained when the population of the unincorp- orated portion of county is divided by the total population of county and that percentage is then multiplied by the budget amount. Population fitures utilized shall be the latest figures available from the Bureau of Census, State office of Financial Management. SECTIC~ 12: Fund Established - Monies received and collected on behalf of emergency organiza- tion shall be deposited in a fund known as the Kitsap County Emergency Management Fund, maintained by county's treasurer. Expenditures by emergency organization shall be made from this fund. SECTIC~ 13: Emergency Declaration - A. Declaration - If the circ~nstances warrant, Council may declare the existence of an emergency or disaster; provided, if the circumstances are sufficiently exigent director may declare the existence of an emergency or disaster if there is not sufficient time for Council to meet in person or by telephone; provided, further, if an emergency or disaster is declared by director, Council shall meet with all dispatch to affirm or rescind the declaration. B. Abatement - When a declared emergency or disaster has sufficiently abated, Council shall declare an end to the emergency or disaster. C. Use of Government Resources - If an emergency or disaster has been declared, emergency organization may utilize the services, equipment, supplies, and facilities of the state and all governmental entites organized pursuant to state law. D. Impressment of Citizens - If an emergency or disaster has been proclaimed by the governor, emergency organization may command the service and equipment of citizens. E. Rules and Regulations - If an emergency or disaster has been declared, Council may make such rules and regulations necessary for the protection of life and property. SECTION 14: Compensation for Emergency Workers - Emergency workers or their dependents shall be compensated for injuries or death as provided in RCW 38.52 and WAC 118. SECTION 15: Liability- Liability for emergency management operations shall be as limited by RCW 38.52. SECTION 16: Compensation Board - The compensation board for emergency organization shall be composed of those individuals as would a compensation board for a county pursuant to RCW 38.52.210(1) . SECTION 17: County shall - A. Provide office space and related amenities for emergency organization; B. Re¢on~nend the salaries of director and the salaried staff of emergency organization; C. Treat the director and salaried staff as a county department, insofar as possible, with respect to such matters as auditing, accounting, fringe benefits, and personnel policies. SECTION 18: Penalty - Any person, firm, or corporation knowingly violating any rule or regulation promulgated pursuant to Section 13(E) shall be guilty of a misdemeanor. Any violation shall be deemed a separate offense for each day or portion thereof it continues. Punishment upon conviction shall be a fine not exceeding Two Hundred Fifty Dollars ($250.00) or imprisonment for not more than ninety (90) days, or both such fine and impr i sonment. SECTION 19: Construction - This Ordinance shall be liberally construed to secure the public health, safety and welfare and the rule of strict construction shall have no application. SECTION 20: Severability - If any portion of this ordinance or its application to any person or circumstance is held invalid, the remainder or application to other persons or circumstances ahll not be affected. SECTION 21: Term - This Ordinance shall be of perpetual duration unless terminated as provided in Section 22. SECTION 22: Withdrawal - Any of the five (5) participants of this joint emergency services program may withdraw from it by giving written notice of such to each of the other participants no later than Sixty (60) days prior to the end of a calendar year; provided, no participant may withdraw unless it is current in its monetary assessment. In the event such notice is given, the withdrawal shall be effective December 31 of the year such notice was given. Forthwith upon receipt of a notice of withdrawal, the remaining particpants shall meet with respect to the adjustments to the ioint pro,am necessitated by such withdrawal. SECTION 23: Effective Date - This Ordinance shall become effective and the emergency organization shall commence existence when - A. County and cities each enact an ordinance similar in substance to this; B. This Ordinance is approved by the director of the State Department of Emergency Management. 6 SECTION 24: Repealer - Joint Resolution No. 72-1973 passed by cities and county on May 7, 1973, is hereby repealed. APPROVED by the City council on the first reading this ~Z~ day of Oct., 1986. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested to by the City Clerk in authentication of such passage this c~-~day of Oct , 1986.  LOBE, ~M~ayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk 7