DISASTER MANAGEMENT SERVICES ORDINANCE

AN ORDINANCE OF IDAHO COUNTY, STATE OF IDAHO, ESTABLISHING THE IDAHO COUNTY OFFICE OF DISASTER MANAGEMENT; PROVIDING DEFINITIONS; PROVIDING FOR POWERS AND DUTIES OF THE DISASTER MANAGEMENT COORDINATOR; PROVIDING FOR AN ALTERNATE COORDINATOR; PROVIDING FOR OPERATION OF DISASTER MANAGEMENT OFFICE; PROVIDING LIMITATIONS ON AUTHORITY; PROVIDING THAT AUTHORIZED PERSONS ENGAGING IN DISASTER MANAGEMENT SHALL HAVE LIABILITY IMMUNITY TO THE EXTENT PROVIDED BY STATE AND FEDERAL LAW; PROVIDING FOR SEVERABILITY; REPEAL OF EXISTING ORDINANCE; PROVIDING THAT MUTUAL AID AGREEMENTS AND DISASTER PLANS PREPARED UNDER PRIOR STATUTE ARE NOT REPEALED UNTIL AMENDED EXCEPT TO THE EXTENT THEY ARE INCONSISTENT WITH THIS ORDINANCE; AND ENACTMENT CLAUSE PROVIDING FOR EFFECTIVE DATE.

THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF IDAHO COUNTY:

SECTION 1: PURPOSE

The Idaho County Office of Disaster Management is created to administer the Disaster Management Policy of Idaho County pursuant to the requirements of Idaho Code §46-1009. The purposes of this ordinance are to provide for the preparation and carrying out of plans for the protection of persons, property, and the environment within this County in the event of a disaster and provide for the coordination of the disaster management functions of this County with all other public agencies and affected private persons, corporations, and organizations.

SECTION 2: DEFINITIONS

BOARD or BOARD OF COMMISSIONERS: As used in this ordinance, means the Board of Idaho County Commissioners.

DISASTER: As used in this ordinance, means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property in Idaho County resulting from any natural or man-made cause, including but not limited to fire, flood, earthquake, windstorm, wave action, volcanic activity, explosion, riot, or hostile military or paramilitary action.

DISASTER MANAGEMENT: As used in this ordinance, the term “Disaster Management” shall mean the activities required for preparation, mitigation, response to and recovery from disasters, to the extent of the responsibility of Idaho County as may be provided by law, to prevent, minimize, and repair injury and damage resulting from a disaster.

LOCAL DISASTER EMERGENCY: As used in this ordinance, means a declaration of a local disaster emergency by the Chairman of the Board of Commissioners or the Board of Commissioners as provided by Idaho Code §

SECTION 3: OFFICE OF DISASTER MANAGEMENT

There is hereby created the Idaho County Office of Disaster Management, which is hereby designated the disaster agency maintained by Idaho County pursuant to Title 46, Chapter 10 of the Idaho Code.

The Office of Disaster Management shall consist of the Disaster Management Coordinator as its head, and such other personnel and volunteers as may be appointed or authorized by the Board of Commissioners.

SECTION 4: DISASTER MANAGEMENT COORDINATOR – APPOINTMENT – DUTIES:

The “Disaster Management Coordinator” (hereafter “the Coordinator”) means the administrative head of the Idaho County Office of Disaster Management, and shall be appointed by the Board of Commissioners. The Coordinator shall serve at the will of the Board.

The Coordinator shall, with respect to Idaho County disaster management:

A. Coordinate, supervise and direct the effort of the Office of Disaster Management of this County for the accomplishment of the purposes of this ordinance and as may be directed by the Board of Commissioners.

B. Coordinate and direct, in conjunction with the Idaho County Sheriff, other county elected officials and agencies, the mitigation, preparedness, response and recovery of all County agencies during the disaster. Nothing herein shall been deemed to grant or authorize the Coordinator to exercise any supervisory or command authority over any deputies or employees of county public officials, or equipment, goods or materials of said offices, which shall at all times remain under the authority and direction of the respective public official.

C. Represent the Office of Disaster Management in all dealings with public or private agencies pertaining to Disaster Management and act as a liaison between Idaho County and other governmental and non-governmental emergency or disaster management and response agencies.

D. Coordinate the preparation and implementation of county plans and programs for disaster management.

E. Provide for updating and testing of the county disaster operations plan and training of county personnel for damage assessment, damage survey and radiological monitoring.

F. Coordinate all requests from local governments for disaster services.

G. With the prior approval of the Board of Commissioners, accept the services of volunteers for the purposes of disaster management on behalf of Idaho County on such terms and conditions as designated by the Board. The Coordinator shall have no authority to employ or contract with any person or entity on behalf of Idaho County except with the express prior authorization of the Board of Commissioners.

H. Execute all others duties of Coordinator as may otherwise be designated by the Board of Commissioners as may be permitted by law. 46-1011.

Nothing in this ordinance shall be deemed or construed to:

A. Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this act or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety; or

B. Interfere with the dissemination of news or comment on public affairs; or

C. Affect or limit the jurisdiction or responsibilities of police forces, sheriffs or their deputies, fire fighting forces, local emergency medical service (EMS) agencies licensed by the state department of health and welfare EMS bureau, units of the armed forces of the United States, or of any personnel thereof, when on active duty; or

D. Grant any authority to the Coordinator to take, appropriate or commandeer any public or private property from its rightful owner or possessor for the purposes of disaster management; or

E. Adopt or consent to adoption of any plans or programs, including state or federal plans or programs, relating to disaster management without separate consideration and approval of the Board of Commissioners.

SECTION 5: ALTERNATE COORDINATOR

In the event that the Coordinator is absent or unable to function in that capacity the Chairman or designated member of the Board of Commissioners may serve as or appoint an alternate Coordinator.

SECTION 6: IMMUNITY FROM LIABILITY

Authorized personnel engaged in disaster management activities and persons, agencies, or any other entity providing building or premises designated by proper authority as disaster shelters shall have immunity from liability for property damage, bodily injury, or death to the extent provided by state or federal law.

SECTION 7: SEVERABILITY

If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application and to this end the provisions of this ordinance are declared to be severable.

SECTION 8: REPEAL OF CONFLICTING ORDINANCES

Idaho County Ordinance Number 1A (“An Ordinance Relating to Civil Defense”) is hereby repealed and superseded by this ordinance. Provided, however, that any disaster mutual aid plans and agreements, rules and regulation or resolutions adopted pursuant to such repealed ordinance and shall not be affected by such repeal until amended, modified, or superseded as provided in this ordinance except to the extent they are inconsistent with this ordinance.

SECTION 9: EFFECTIVE DATE.

This ordinance shall take full force and effect on Jan 12th, 2005 after publication of a public notice in a newspaper of general circulation in Idaho County, as prescribed by law.

Pat Holmberg, Chairman

George Enneking Commissioner

Alice Mattson Commissioner