836 Repeal and Replace Administration and PersonnelCity of Yeim
Ordinance No. 836
An ordinance repealing and replacing a certain section of Title 2 of the Yelm Municipal
Code related to Administration and Personnel.
WHEREAS, it is necessary to periodically review provisions within the
Administration and Personnel section of the city's municipal code.
NOW THEREFORE, the City Council of the City of Yehn do ordain as follows:
SECTION 1
Yeim Municipal Code, Title 2 -Administration and Personnel, cover page (table of
contents) Chanter 2.28 Is amended to read as follows:
2.28 E-Befense Emergency e~ment
SECTION 2
Chanter 2.28 - Is he~ebv regealed:
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Page 1 of 8
City of Yelm Ord. 836
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City of Yelm Ord. 836
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City of Yelm flrd. 836
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and replaced with:
Chapter 2.28
Emergency Management
Sections:
2.28,010 Authority
2.28.020 Mission
2.28.030 Emergency Management Board
2.28.040 Director of Emergency Services -Appointment
2.28.050 Director of Emergency Services -Duties
2.28.060 Operational Organization
2.28.070 Administration and Logistics
2.28.080 Direction and Control
2.28.090 Liability for Injuries
2.28.100 Penalty for Violation
2.2$.010 Authority
The City of Yelm's Emergency Operations Plan is developed under the authority of the
following local, state, and federal statutes and regulations.
a. Revised Code of t~Vashington 38.52.070, 35.33.081 and 35.33.101
b. Washington Administrative Codes 118.30 and 296-62-3112
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City of Yelm Ord. 836
c, U. S. Codes 5121-5202 Disaster Relief Act of 1974, as amended, 2251-
2303 Federal Civil Defense Act of 1950, as amended, 2301-2303
Improved Civil Defense 1980.
d. Title III Superfund Amendment and Re-authorization Act of 198b.
2.28.020 Mission
It is the policy of the City of Yelm, in order to protect lives and property, and in
cooperation with other elements of the community, to carry out preparedness and
mitigation activities, respond to natural and man-made emergencies and disasters, and
coordinate the recovery efforts for such events.
2.28.030 Emergency Management Board
There is created the Emergency Management Board which shall consist of the following
members:
A. Mayor
B. Building Official
C. Public Works Director
D. Fire Chief
E. City Administrator
F. Council Representative
G. Director of Emergency Services (Chairman)
H.
2,28.040 Director of Emergency Services -Appointment
The Director of Emergency Services serves at the pleasure of the Mayor.
A, The Mayor shall appoint the Director of Emergency Services.
B. The Emergency Services Director carves out the program for emergency
services and coordinates the emergency efforts during the mitigation of,
preparation far, response to, and the recovery from a disaster.
C. The Emergency Services Director shall have the authority to request the
declaration of the existence of an emergency by the council of the city. In
the event that it is deemed necessary to declare the existence of an
emergency without delay, the director may, if the council of the city is not
in session, do so, but such action shall be subject to prompt confirmation
by the council at a special meeting called by the Mayor.
2.28.050 Director of Emergency Services -Duties
The Director of Emergency Services duties and responsibilities can include, but not
limited to, the following:
A. Provide for the development and maintenance of the City's Emergency
Operations Plan in conjunction with the City Administrator.
B. Manage the Emergency Operations Center during activation.
C. Prepares Proclamation of Local Emergency for Signature of Mayor.
D. Provides for staff training, public information and education on emergency
preparedness.
E. Coordinates dissemination of emergency warning information through the
Emergency Alert System.
Page 5 j of 8
City of Yelm Ord. 836
F. Coordinates mitigation and preparedness activities as appropriate.
G. Submits completed disaster assistance paperwork to the City
Administrator for submittal to appropriate state and federal agencies.
2.28.060 Operational Organization
A. The Mayor declares a state of emergency in the City when
necessary.
B. The City Council is the legislative body of the City. They are
responsible for passing ordinances, including emergency
ordinances, resolutions, and laws governing the City.
C. The City Administrator shalt direct and control the emergency
disaster activities of the City during each phase of the disaster.
D. The day-to-day organization structure of Yelm City Departments
will be maintained as much as practical for emergency and disaster
situations. Other public and private organizations, school districts,
and volunteer organizations may under mutual agreement operate
in coordination with the City of Yelm's Emergency Disaster Pian.
E. The Emergency Services Director carries out the program for
emergency services and coordinates the emergency efforts during
mitigation of, preparation for, response to, and the recovery from a
disaster.
2.28.070 Administration and Logistics
It is the policy of the City of Yelm that each City department will assign personnel to be
responsible for documentation of disaster costs and to utilize effective administrative
methods to keep accurate detailed records distinguishing disaster operational
expenditures from day to day expenditures.
The City of Yelm, in coordination with the Thurston County Emergency Center, will be
required by both State and Federal agencies to submit reports on disaster situation with
information concerning nature, magnitude and impact for use in evaluating and providing
appropriate response resources and services.
The Emergency Services Director, following a Declaration of Emergency by the Mayor
and Governor, has authority to commandeer the services and equipment of citizens as
necessary to respond to the disaster. Those citizens are entitled to all privileges, benefits
and immunities provided for emergency workers under state and federal emergency
management regulations, RCW 38.52.110.
2.28.080 Direction and Control - LC.S
The City of Yelm has adopted and operates under the Incident Command System (I.C.S.)
with support and adherence to the National Incident Management System (N.I.M.S.) in
an event that encompasses multiple agencies. These systems provide for the
interoperability and compatibility among all responders.
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City of Yelm Ord. 836
The direction and control of emergency management activities rests with the Emergency
Management Director acting through the City Administrator and Mayor. Overall control
during disaster response operations will be divided into three levels:
A. City Administrator: Deals primarily with policy issues brought about by
the disaster.
B. Emergency Services Director: Coordinates activities of the Emergency
Operations Center, coordinates disaster resources and monitors the
disaster situation.
C. Emergency Services Director -Field Operations: Operate in field
locations or command posts. Direct and coordinate disaster field
operations.
Overall direction, control and coordination will normally be conducted through the
Emergency Operations Center in order to support the overall community response to the
disaster and to best coordinate efforts with county, state and federal agencies.
2.28.090 Liability for injuries
This chapter is an exercise by the city of its governmental functions for the protection of
the public peace, health and safety, and neither the city, the agents and representatives of
the city, or any individual, receiver, firm, partnership, corporation, association or trustee,
or any of the agents thereof, in good faith carrying out, complying with or attempting to
comply with, any order, rule or regulation promulgated pursuant to the provisions of this
chapter shall be liable for any damage sustained to person or property as the result of said
activity. No individual, firm, association, corporation or other party owning, maintaining
or controlling any building or premises who voluntarily and without compensation grants
to the city a license or privilege or otherwise permits the city to inspect, designate and use
the whole or any part or parts of such building or premises for the purpose of sheltering
persons during an actual, impending, mock or practice disaster, or their successors in
interest, or the agents or employees of an of them, shall be subject to liability for injuries
sustained by an person while in or upon said building or premises as a result of the
condition of said building or premises or as a result of any act or omission in connection
with the upkeep or maintenance thereof (expect willful act or misconduct), when such
person has entered or gone into or upon said building or premises for the purpose of
seeking refuge therein during a disaster.
2.28.100 Penalty for Violation
it is unlawful for any person willfully to obstruct, hinder or delay any members of the
Emergency Management Operation in the enforcement of any rule or regulation issued
pursuant to this chapter, or to do any act forbidden by any rule or regulation issued
pursuant to the authority contained in this chapter. it is likewise unlawful for any person
to weaz, carry or display any emblem, insignia, or any other means of identification as a
member of the Emergency Operations Unit of the city unless authority to do so has been
granted to such persons by the Emergency Operations Board. Convictions for violations
of these sections shall be a misdemeanor and receive a fine of $250.00.
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City of Yelm Ord. 836
SECTION 3
Effective date. This ordinance will take effect five days after passage, approval and
publication.
SECTION 4
Saving clause. Ordinances repealed and amended by this ordinance, shall remain in force
and effect until the effective date of this ordinance.
SECTION 5
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this
ordinance is declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining portion of this ordinance.
Passed by the Yelm City Council at a regular meeting thereof this 28~' day of September"
2005.
Sing, Mayor Pro-Tempore
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Agn P. Bennick, City Clerk/Treasurer
Published: Nisquaily Valley News, October 7, 2005
Effective Date: October I2, 2005
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City of Yelm Ord. 836
AUTHENTICATED: