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HomeMy WebLinkAboutHoldPHearing_KCC248EmergencyManagementAmendmentKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS 2022 AGENDA STAFF REPORT AGENDA DATE: September 20, 2022 ACTION REQUESTED: Conduct a Public Hearing to consider amending Kittitas County Code 2.48 (Emergency Management). BACKGROUND: Since the collapse of McElroy Bridge, Public Works has been working to clarify the role of board departments responding to emergency events. The proposed revisions to Kittitas County Code 2.48, define expectations of department directors and utilizes the tenants of incident command as defined in the county's adopted emergency management plan. The code revisions clarify the board's expectations of its directors managing financial impacts of county emergency response at the lowest level of response. INTERACTION: Public Works. RECOMMENDATION: Conduct a Public Hearing on September 20, 2022, at 2 PM local time to consider amending Kittitas County Code 2.48 (Emergency Management). HANDLING: Return one original to Public Works. ATTACHMENTS: Ordinance; Kittitas County Code 2.48 Redline; Kittitas County Code 2.48 Clean Copy LEAD STAFF: Mark R. Cook, Director. Chapter 2.48 DEPARTMENT OF EMERGENCY MANAGEMENT Sections 2.48.010 Purpose of chapter. 2.48.020 Definitions. 2.48.030 Emergency management council. 2.48.040 Emergency management council - Powers, duties. 2.48.045 Incident Command Structure 2.48.046 Incident Command — Powers and Duties 2.48.050 Director of emergency management - Created, duties. 2.48.060 Director of emergency management - Powers during disaster. 2.48.070 Emergency management organization - Membership. 2.48.080 Emergency management organization - Divisions - Services - Staff. 2.48.090 Violation - Penalty. Footnote ren -loved by Ord. 2018-015. 2.48.010 Purpose of chapter. The declared purposes of this chapter are to provide for the preparation and carrying out of plans, including mock or practice drills, for the emergency services of persons and property within this county in the event of a disaster, and to provide for the coordination of the emergency management and disaster functions of this county with all other public agencies and affected private persons, corporations and organizations in a manner consistent with the mandates of law and the training of those responsible for leading the implementation of such emergency services. Any expenditures made in connection with such emergency services and disaster activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the county, provided that the expenditures are consistent with the mandates of law and/or funding sources related to such expenditures. (Ord 2018-015, 2018; Ord. 99-03, 1999; Ord. dated 5/16/75 § I, 1975; Vol. M, p. 48 § 1, 1959). 2.48.020 Definitions. The definitions of RCW 38.52.010 related to Emergency Management as now in existence or amended hereafter are adopted by reference. (Ord. 2018-015, 2018; Ord. 99-03, 1999; Ord. dated 5/16/75 § II, 1975; Vol. M, p. 48 § 2, 1959). 2.48.030 Emergency management council. The county emergency management council is created and shall consist of the following: 1. The board of county commissioners. The chairman of the board will act as chairman of the emergency management council; 2. The director of the department of emergency management, who shall be vice chairman. (Ord. 99-03, 1999; Ord. dated 5/16/75 § III, 1975; Res. 72-11, 1972; Vol. M, p. 48 § 3, 1959). 2.48.040 Emergency management council - Powers, duties. It shall be the duty of the county emergency management council, and it is empowered, to review and recommend for adoption emergency services and mutual aid plans and agreements and such resolutions and rules and regulations as are necessary to implement such plans and agreements. The emergency management council shall meet upon call of the chairman or in his absence from the county or inability to call such meeting, upon the call of the vice chairman. (Ord. 99-03, 1999; Ord. dated 5/16/75 § IV, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 4, 1959). 2.48.045 2.48.030 Incident Command Structure Appointed Directors from Departments of the Board of County Commissioners shall provide initial emergency response services and act as incident command responding to emergency events consistent with the National Incident Management Structure. The Department Incident Commander shall inform the Board of County Commissioners as events unfold and advise the need for expanding response. The Department Incident Commander will establish communications with the Count's Emergency Manager and advise the Board of County Commissioners if implementation of the County's adopted Comprehensive Emergency Management Plan is likely. 2.48.046 Incident Command - Powers. duties. It shall be the duty of the appointed Director to empower response staff at the lowest possible level responding to an emergency consistent with the adopted Comprehensive Emergency Management Plan of the County. As events dictate and the need for additional response escalates the departmental chain of command will contact the appointed Director who is responsible for making additional response activation decisions. As the situation dictates. the Director shall notice the County Emergency Manager of escalating resource allocations. Once the decision is made to activate the Comprehensive Emergency Management Plan the appointed Director shall fully cooperate with the Emergency Manager keeping the Board of County Commissioners advised as departmental resource allocations are requested by the Emergency Manager. 2.48.050 Director of emergency management - Created, duties. There is created the office of director of emergency management as defined in RCW 38.52.010 as it exists now or is hereafter amended. The Sheriff of Kittitas County is hereby appointed ex officio to be Director of Emergency Management. The director is empowered and directed: 1. To delegate the various duties related to this position to such of his or her staff as in his or herjudgment are best qualified to perform those duties, including those listed immediately below; 2. To prepare an emergency management plan for the county conforming to the state emergency management plan and program; 3. To control and direct the effort of the emergency management organization of this county for the accomplishment of the purposes of this chapter; 4. To direct coordination and cooperation between divisions, services and staff of the emergency management organization of this county, and to resolve questions of authority and responsibility that may arise between them; 5. To represent the emergency management organization of this county in all dealings with public or private agencies pertaining to emergency management and disaster. (Ord. 2018-015, 2018; Ord. 99-03, 1999; Ord. dated 5/16/75 § V, 1975: Res. 72-11, 1972; Vol. M, p. 49 § 5, 1959). 2.48.060 Director of emergency management - Powers during disaster. In the event of disaster as provided in this chapter, the director is empowered, with the concurrence of the chairman of the county emergency management council: 1. To make and issue rules and regulations on matters as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the emergency management council; 2. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the county for the fair value thereof, and if required immediately, to commandeer the same for public use; 3. To require emergency services of any county officer or employee, and in the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens of this community as he considers necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency management workers as authorized by RCW 38.52.110(2) as it exists or is hereafter amended; 4. To execute all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by statute, agreement approved by the emergency management council, or by any other lawful authority; 5. To requisition necessary personnel or material of any county department or agency. (Ord. 99-03, 1999; Ord. dated 5/16/75 § VI, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 6, 1959). 2.48.070 Emergency management organization - Membership. All county and city officers and employees of this county, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of KCC 2.48.060(3), charged with duties incident to the protection of life and property in this county during disaster, shall constitute the emergency management organization of the county. (Ord. 99-03, 1999; Ord. dated 5/16/75 § VII, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 7, 1959). 2.48.080 Emergency management organization - Divisions - Services - Staff. The functions and duties of the county emergency management organization shall be distributed among such divisions, services and special staff as the emergency management council prescribes. The emergency management council shall concurrently with the adoption of the ordinance codified herein, prescribe the form or organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees. Insofar as possible, the form of the federal government and the Department of Emergency Management of the state shall conform in organization, titles and terminology. (Ord. 99- 03, 1999; Ord. dated 5/16/75 4 VIII, 1975; Res. 72-11, 1972; Vol. M, p. 50 § 8, 1959). 2.48.090 Violation - Penalty. It is a misdemeanor, punishable by a fine of not to exceed $250.00, or by imprisonment for not to exceed three months, for any person during a disaster: 1. To willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rules or regulations issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter, 2. To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this county, or to prevent, hinder or delay the defense or protection thereof; 3. To wear, carry or display, without authority, any means of identification specified by the Department of Emergency Management of the state. (Ord. 99-03, 1999; Ord. dated 5/16/75 § IX, 1975; Res. 72-11, 1972; Vol. M, p. 50 § 9, 1959). Ca BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE No. 2022 - AN ORDINANCE AMENDING KITTITAS COUNTY CODE CHAPTER 2.48 EMERGENCY MANAGEMENT WHEREAS: The Kittitas Board of County Commissioners hereby adopts this Ordinance pursuant to and by the authority of Revised Code of Washington 36.32.12 (7); and WHEREAS: The purpose of this amended Ordinance is to clarify the Board's expectations of appointed directors without impacting the role of the Emergency Manager or adversely impacting the adopted Comprehensive Emergency Management Plan for the county; and WHEREAS: The provisions of this amended Ordinance shall be liberally construed for the accomplishment of its purpose; and WHEREAS: Nothing contained in this amended Ordinance is intended to be nor shall be construed to create or form the basis for any liability on the part of the Board of County Commissioners, Kittitas County, or any of its officers, employees, or agents, for any injury or damage resulting from the failure of any person subject to Chapter 2.48 of the Kittitas County Code to comply with this Ordinance, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of the above referenced Chapter on the part of the Board of County Commissioners, Kittitas County, or any of its officers, employees, or agents; and WHEREAS: The Board of County Commissioners desires to update the County's emergency management response requirements for appointed Directors of the Board of County Commissioners; and WHEREAS: A public hearing was held on September 20th, 2022, and the public was provided due notice and opportunity to provide testimony on the proposed amended Ordinance; and WHEREAS: The Board of County Commissioners believes that adopting this amended Ordinance is the in the best interest of the public, NOW, THEREFORE BE IT ORDAINED by the Kittitas County Board of County Commissioners that Chapter 2.48 of the Kittitas County Code is amended by creating the following new sections. 2.48.045 Incident Command Structure Appointed Directors from Departments of the Board of County Commissioners shall provide initial emergency response services and act as incident command responding to emergency events consistent with the National Incident Management Structure. The Department Incident Commander shall inform the Board of County Commissioners as events unfold and advise the need for expanding response. The Department Incident Commander will establish communications with the County's Emergency Manager and advise the Board of County Commissioners if implementation of the County's adopted Comprehensive Emergency Management Plan is likely. 2.48.046 Incident Command - Powers, duties. It shall be the duty of the appointed Director to empower response staff at the lowest possible level responding to an emergency consistent with the adopted Comprehensive Emergency Management Plan of the County. As events dictate and the need for additional response escalates, the departmental chain of command will contact the appointed Director who is responsible for making additional response activation decisions. As the situation dictates, the Director shall notice the County Emergency Manager of escalating resource allocations. Once the decision is made to activate the Comprehensive Emergency Management Plan, the appointed Director shall fully cooperate with the Emergency Manager keeping the Board of County Commissioners advised as departmental resource allocations are requested by the Emergency Manager. ADOPTED this 20th day of September 2022. Attest: ❑ Clerk of the Board- Julie Kjorsvik BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman Cory Wright, Vice -Chairman ❑ Deputy Clerk of the Board- Mandy Buchholz Brett Wachsmith, Commissioner Chapter 2.48 DEPARTMENT OF EMERGENCY MANAGEMENT Sections 2.48.010 Purpose of chapter. 2.48.020 Definitions. 2.48.030 Emergency management council. 2.48.040 Emergency management council - Powers, duties. 2.48.045 Incident Command Structure 2.48.046 Incident Command — Powers and Duties 2.48.050 Director of emergency management - Created, duties. 2.48.060 Director of emergency management - Powers during disaster. 2.48.070 Emergency management organization - Membership. 2.48.080 Emergency management organization - Divisions - Services - Staff. 2.48.090 Violation - Penalty. Footnote removed by Ord. 2018-015. 2.48.010 Purpose of chapter. The declared purposes of this chapter are to provide for the preparation and carrying out of plans, including mock or practice drills, for the emergency services of persons and property within this county in the event of a disaster, and to provide for the coordination of the emergency management and disaster functions of this county with all other public agencies and affected private persons, corporations and organizations in a manner consistent with the mandates of law and the training of those responsible for leading the implementation of such emergency services. Any expenditures made in connection with such emergency services and disaster activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the county, provided that the expenditures are consistent with the mandates of law and/or funding sources related to such expenditures. (Ord• 2018-015, 2018; Ord. 99-03, 1999; Ord. dated 5/16/75 § I, 1975; Vol. M, p. 48 § 1, 1959). 2.48.020 Definitions. The definitions of RCW 38.52.010 related to Emergency Management as now in existence or amended hereafter are adopted by reference. (Ord. 2018-015, 2018; Ord. 99-03, 1999; Ord. dated 5/16/75 § II, 1975; Vol. M, p. 48 § 2, 1959). 2.48.030 Emergency management council. The county emergency management council is created and shall consist of the following: 1. The board of county commissioners. The chairman of the board will act as chairman of the emergency management council; 2. The director of the department of emergency management, who shall be vice chairman. (Ord. 99-03, 1999; Ord. dated 5/16/75 § III, 1975; Res. 72-11, 1972; Vol. M, p. 48 § 3, 1959). 2.48.040 Emergency management council - Powers, duties. It shall be the duty of the county emergency management council, and it is empowered, to review and recommend for adoption emergency services and mutual aid plans and agreements and such resolutions and rules and regulations as are necessary to implement such plans and agreements. The emergency management council shall meet upon call of the chairman or in his absence from the county or inability to call such meeting, upon the call of the vice chairman. (Ord. 99-03, 1999; Ord. dated 5/16/75 § IV, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 4, 1959). 2.48.045 2.48.030 Incident Command Structure Appointed Directors from Departments of the Board of County Commissioners shall provide initial emergency response services and act as incident command responding to emergency events consistent with the National Incident Management Structure. The Department Incident Commander shall inform the Board of County Commissioners as events unfold and advise the need for expanding response. The Department Incident Commander will establish communications with the County's Emergency Manager and advise the Board of County Commissioners if implementation of the County's adopted Comprehensive Emergency Management Plan is likely. 2.48.046 Incident Command - Powers, duties. It shall be the duty of the appointed Director to empower response staff at the lowest possible level responding to an emergency consistent with the adopted Comprehensive Emergency Management Plan of the County. As events dictate and the need for additional response escalates, the departmental chain of command will contact the appointed Director who is responsible for making additional response activation decisions. As the situation dictates, the Director shall notice the County Emergency Manager of escalating resource allocations. Once the decision is made to activate the Comprehensive Emergency Management Plan, the appointed Director shall fully cooperate with the Emergency Manager keeping the Board of County Commissioners advised as departmental resource allocations are requested by the Emergency Manager. 2.48.050 Director of emergency management - Created, duties. There is created the office of director of emergency management as defined in RCW 38.52.010 as it exists now or is hereafter amended. The Sheriff of Kittitas County is hereby appointed ex officio to be Director of Emergency Management. The director is empowered and directed: 1. To delegate the various duties related to this position to such of his or her staff as in his or herjudgment are best qualified to perform those duties, including those listed immediately below, 2. To prepare an emergency management plan for the county conforming to the state emergency management plan and program; 3. To control and direct the effort of the emergency management organization of this county for the accomplishment of the purposes of this chapter; 4. To direct coordination and cooperation between divisions, services and staff of the emergency management organization of this county, and to resolve questions of authority and responsibility that may arise between them; 5. To represent the emergency management organization of this county in all dealings with public or private agencies pertaining to emergency management and disaster. (Ord. 2018-015, 2018; Ord. 99-03, 1999; Ord. dated 5/16/75 § V, 1975: Res. 72-11, 1972; Vol. M, p. 49 § 5, 1959). 2.48.060 Director of emergency management - Powers during disaster. In the event of disaster as provided in this chapter, the director is empowered, with the concurrence of the chairman of the county emergency management council: 1. To make and issue rules and regulations on matters as affected by such disaster, provided, however, such rules and regulations must be confirmed at the earliest practicable time by the emergency management council; 2. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the county for the fair value thereof, and if required immediately, to commandeer the same for public use; 3. To require emergency services of any county officer or employee, and in the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens of this community as he considers necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency management workers as authorized by RCW 38.52.110(2) as it exists or is hereafter amended; 4. To execute all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by statute, agreement approved by the emergency management council, or by any other lawful authority; 5. To requisition necessary personnel or material of any county department or agency. (Ord. 99-03, 1999; Ord. dated 5/16/75 § VI, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 6, 1959). 2.48.070 Emergency management organization - Membership. All county and city officers and employees of this county, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of KCC 2.48.060(3), charged with duties incident to the protection of life and property in this county during disaster, shall constitute the emergency management organization of the county. (Ord. 99-03, 1999; Ord. dated 5/16/75 § VII, 1975; Res. 72-11, 1972; Vol. M, p. 49 § 7, 1959). 2.48.080 Emergency management organization - Divisions - Services - Staff. The functions and duties of the county emergency management organization shall be distributed among such divisions, services and special staff as the emergency management council prescribes. The emergency management council shall concurrently with the adoption of the ordinance codified herein, prescribe the form or organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees. Insofar as possible, the form of the federal government and the Department of Emergency Management of the state shall conform in organization, titles and terminology. (Ord. 99- 03, 1999; Ord. dated 5/16/75 § VIII, 1975; Res. 72-11, 1972; Vol. M, p. 50 § 8, 1959). 2.48.090 Violation - Penalty. It is a misdemeanor, punishable by a fine of not to exceed $250.00, or by imprisonment for not to exceed three months, for any person during a disaster: 1. To willfully obstruct, hinder or delay any member of the emergency management organization in the enforcement of any lawful rules or regulations issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter; 2. To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this county, or to prevent, hinder or delay the defense or protection thereof; 3. To wear, carry or display, without authority, any means of identification specified by the Department of Emergency Management of the state. (Ord. 99-03, 1999; Ord. dated 5/16/75 § IX, 1975; Res. 72-11, 1972; Vol. M, p. 50 § 9, 1959).