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1976-030r 0, ORDINANCE NO. 76- 30 EMERGENCY SERVICES AND DISASTER AGENCY BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that Ordinances Numbered 58 -7 and 71 -03 both as amended are hereby repealed in their entirety. SECTION 1. Local Emergency Services and.'D:isaster Agency (ES-DA): (a) There is created within the Village departments a Local Emergency Services and Disaster Agency (ESDA), in accordance with the Illinois Emergency Services and Disaster Act of 1975, and a coordinator who shall be the head thereof. He /she shall be appointed by the President, by and with the consent and approval of the Board of Trustees. He /she shall serve a 3-year term. (b) The Coordinator, subject to the direction and control of the Village President, shall be the executive head of the Local ESDA and shall be responsible under the direction of the Village President for carrying out the program for emergency services and disaster operations of the Village. He, with the commission as set forth in this Ordinance, shall be responsible for preparing a Village Disaster Plan. Such plan shall be reviewed on an annual basis. He shall maintain liaison and cooperate with the ESDA and other disaster agencies and organizations of other political subdivisions, of the State of Illinois and of the Federal Government. The Coordinator shall have the responsibility for the organization, ad- ministration, training, and operation of the members within the Village of Buffalo Grove's ESDA. .SECTION 2. Policy and Purposes: The purpose of the ESDA will be in accordance with "The Illinois Emergency Services and Disaster Act of 1975" in order to in general: (a) Minimize the effects caused by an attack or disaster on the United States or the State of Illinois, or both. (b) Solve the immediate survival problems resulting from such attack or disaster. LI (c) Make emergency repairs to accomplish emergency restoration of vital utilities and facilities destroyed or damaged by such attack or disaster when authorized by the Village President. (d) Conduct recovery actions to include emergency management of resources and economic stabilization when authorized by the Village President. SECTION 3. Definitions: As used in this Ordinance, unless the context clearly indicates otherwise, the following words and terms mean: (a) "Emergency Services" means the preparation for and the carrying out of such functions, other than functions for which military forces are primarily responsible, as may be necessary or proper to prevent, minimize, repair and alleviate injury and damage resulting from disasters caused by fire, flood, earthquake, or other man -made or natural causes. These functions include, with- out limitation, fire fighting services, police services, maintenance services communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency assigned functions of plant protection, temporary restoration of public utility services and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. (b) "Disaster" means an occurrence or threat of widespread or severe damage, injury or foss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, storm, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot, or hostile military or paramilitary action. "Disaster" includes but is not limited to all occurrences and threats thereof which are contemplated by the concept of "emergency services, and disaster operations." (c) "Disaster Operations" means the functions created in accordance with the provisions of this Ordinance to be performed by Village operational per- sonnel to alleviate the effects of disaster -2- • 0 (d) "Mobile Support Team" means the utilization of State personnel to be dispatched by the Governor, or, of he so authorizes the State Director, to supplement local needs for emergency services and disaster operations at a disaster. (e) "Coordinator" means the individual appointed by the Village President of a local governmental subdivision with the duty of carrying out the require- ments of this Ordinance. town. (f) "Political Subdivision" means any county, city, village or incorporated (g) "United States" means the several states, the District of Columbia, and the Panama Canal Zone. SECTION 4. Mobile Support Team: All or any members of the Village of Buffalo Grove ESDA organization may be designated as members of a Mobile Support Team created by the Director of the State ESDA as provided by law. The leader of each such Mobile Support Team shall be designated by the Coordinator of the Village of Buffalo Grove's ESDA organization. Any member of a Mobile Support Team who is a Village employee or officer while serving on call to duty by the Governor, or the State Director, shall receive the compensation and have the powers, duties, rights, and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the Village, while so serving, shall, subject to State approval, receive from the State reasonable compensation as provided by law. SECTION 5. Agreements With Other. Political Subdivisions: The Coordinator of the Village of Buffalo Grove's ESDA may negotiate Mutual Aid Agreements with other villages or political subdivisions of the State, but no such agree- ment shall be effective until it has been approved by the Village President and Board of Trustees and by the State Director of ESDA. This does not, however, preclude entering into emergency agreements as provided under the Village Emergency Powers Ordinance. SECTION 6. Emergency Action: If the Governor proclaims that a disaster emergency exists in the event of actual enemy attack upon the United States or -3- the occurrence within the State of Illinois of a major disaster resulting from enemy sabotage or other hostile action, or from man -made or natural disaster, it shall be the duty of the Village of Buffalo Grove's ESDA to cooperate fully with the State ESDA and with the Governor in the exercise of emergency powers as provided by law. SECTION 7. Compensation: Members of the Village of Buffalo Grove's ESDA who are paid employees or officers of the Village, if called for training by the State Director of ESDA, shall receive for the time spent in such training the same rate of pay as is attached to the position held less the amount if any paid by the State; members who are not such Village employees or officers shall receive for such training time such compensation as may be established by the Village President and Board of Trustees. SECTION 8. Reimbursement by State: The State Treasurer may receive and allocate to the appropriate fund, any reimbursement by the State to the Village for expenses incident to training members of the ESDA as prescribed by the State Director of ESDA, compensation for services and expenses of members of a Mobile Support Team while serving outside the Village in response to a call by the Governor or State Director of ESDA, as provided by law, and any other reimbursement made by the State incident to ESDA activities as provided by law. SECTION 9. Oath: Every person appointed to serve in any capacity in the Local ESDA organization shall, before entering upon his duties, subscribe to the following Oath, which shall be filed with the Coordinator: "I, , do solemnly swear (or affirm) that will support and defend and bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois, and the territory, institutions, and facilities thereof, both public and private, against all enemies, foreign and domestic; that 1 take this obligation freely, without any mental reservation or purpose of evasion; and that will well and.faithfully discharge the duties upon which i am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I, nor -4- L� have I been a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as I am affiliated with the Buffalo Grove ESDA organization, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence." SECTION 10. Local Services: The Village of Buffalo Grove's ESDA shall whenever feasible: (a) Identify, mark, and stock suitable community fallout shelter.: (b) Encourage the public, business, and industry to provide private fallout shelters.; (c) Prepare for effective use of the shelter, including trained management staffs, as.well as complete Community Shelter Use Plans. (d) Provide emergency information to the village population in the most concise and effective manner in order to alleviate tension, ;td save lives through providing knowledge and to prevent panic and confusion. (e) Properly and well inform departments, agencies, and public through the use of proper procedures for collection, verification, and release of all official news items; control of,rumor; and the methods for dissemination of public information bulletins, emergency bulletins and directives necessary for the safety of.the public. (f) Provide first aid medical treatment and hospitalization and to assure efficient use of medical resources. (g) Prevent and control disease by assuring safe milk and food; preventing and eliminating water pollution; controlling rodents, insects, and other public health hazards; and providing for removal and burial of the dead. (h) Provide Emergency welfare services. Emergency Welfare Services (EWS) means locally provided measures for feeding; clothing; housing or lodging in private and congregate facilities; registration; locating and reuniting families; care of unaccompanied children, the aged, the handicapped, and other groups -5- needing specialized care or service; necessary financial or other assistance; counseling and referral services to families and individuals; aid to welfare institutions under national emergency or postattack conditions; and all other feasible welfare aid and services to people in need during an ESDA emergency. Such measures include organization, direction and provision of services to be instituted before attack, in the event of strategic or tactical evacuation, and after attack in the event of evacuation or of refuge in shelters. (i) Carry out the emergency preparedness functions of the Emergency Welfare Services (EWS) program and include the following five (5) programs within the total EWS: 1. Emergency Feeding 2. Emergency Clothing 3. Emergency Lodging 4. Emergency Social Service 5. Emergency Registration and Inquiry All of the above functions shall be in combination with the Township, County and State Public Ai.d.officials and shall be binding. SECTION 11. Purchases and Expenditures. The Village President may, on the recommendation of the Coordinator of ESDA, authorize any purchase of contracts necessary to place the Village of Buffalo Grove in a position to combat effectivel, any disaster resulting from the explosion of any nuclear or other bomb or missle and to protect the public health and safety, protect property and provide emer- gency assistance to victims in the case of such disaster or from man -made or natural disaster. (a) In the event of enemy caused or other disaster, the Village Coordinator of ESDA is authorized, on behalf of the Village of Buffalo Grove, to procure such services, supplies, equipment or materials as may be necessary for such purposes, in view of the exigency, without regard to the statutory procedures or formalities normally prescribed by law pertaining to Village contracts or obligations as authorized by the "State ESDA Act of 1975," provided that if the Village President shall be readily available for consultation, the coordinator sha act subject to any directions and restrictions imposed. M (b) When practical, a special session of the Village Board shall be convened to further review and act upon any actions needed to correct emergency conditions. SECTION 12. Office: Space shall be designated by the Village President and Board of Trustees in the Village building or elsewhere, for use by the Buffalo Grove's ESDA as its office and Emergency Operating Center (EOC). SECTION 13. Appropriation - Levy of Taxes: The Village President and Board of Trustees may make an appropriation for local ESDA purposes in the manner provided by law, and any levy in addition for ESDA purposes only, a tax not to exceed five (5) cents per one hundred (100) dollars of the assessed value of all taxable property in addition to all other taxes, as provided by "The States ESDA Act of 1975 ";.however, that amount collectable under such levy shall in no event exceed twenty -five (25) cents per capita. SECTION 14. Immunity: Neither the Village, (except in cases of negligence or willful misconduct) the Coordinator, or other Village employees, or representa- tives of any of them, engaged in any emergency services and disaster operations or.disaster activities, while complying with or attempting to comply with this ordinance or any rule or regulations promulgated pursuant to this ordinance, is liable for the death of or.any injury to persons, or damage to property, as a result of such activity. This Section does not, however, affect the right of any person to receive benefits to which he would otherwise be entitled under this ordinance under the Workmen's Compensation Act or the Workmen's Occupational Diseases Act, or under any pension law, and this Section does not affect the right of any person to receive any benefits or compensation under any Act of Congress. SECTION 15. No Private Liability: Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual or impending disaster, or a mock or practice disaster response activity together with his successors in interest, if any, shall not -7- be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission, or for loss of, or damage to, the property of such person. SECTION 16. Establishment of ESDA Commission: There is hereby created within the Village organizational structure a separate commission known as the Emergency Services and Disaster Commission (ESDAC). The commission shall consist of seven members including the Coordinator of the Local ESDA. The seven com- missioners shall be appointed by the President with the approval and consent of the Board of Trustees. The commission shall contain at least one representa- tive of the Police, Public Works and Community Development Departments, and one of the Fire Protection Districts and any other emergency departments as deemed necessary. The other members shall be appointed from the Village ESDA. The Village President and the Village Manager shall be ex- officio members of the Commissior SECTION 17. Term of Commissioners: The term of the Commissioners shall be three years. The terms shall be staggered. SECTION 18. Purpose: The purpose of the ESDA Commission shall be to supervise and implement the functions of the Local ESDA organization. SECTION 19. Officers and Members: Officers shall consist of a Director, Deputy Director, and Secretary. The Coordinator of the Local ESDA shall be the Director of the ESDA Commission. The Director shall appoint the Deputy Director and the Secretary with the consent of the members. All members of the Commission shall have a vote except the ex-officio members. Members of the Commission shall be subject to removal by the Director following three successive unexcused absences from regular scheduled meetings. SECTION 20. Meetings: The Commission shall hold regular meetings not less than four times a year. Special meetings shall be held as prescribed by the By -Laws of the Commission. SECTION 21. Quorum: A majority of the voting members of the Commission shall constitute a quorum. 0 SECTION 22. Records: Minutes shall be kept of all proceedings of the Commission and a copy thereof shall be submitted to the President and Board of Trustees. SECTION 237 Compensation: No member of the Commission shall receive any compensation. However, the members may be reimbursed for necessary expenses actually incurred in the performance of their duties. All such expense items shall be supported by vouchers. SECTION 24. Limitations: Nothing in this Ordinance shall be construed to: (a) interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this Ordinance or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety; (b) interfere with dissemination of news or comment of public affairs; but any communications facility or organization (including but not limited to radio and television stations, wire services, and newspapers) may be requested to transmit or print public service messages furnishing information or instruction in connection with a disaster emergency; (c) affect the jurisdiction or responsibilities of Village police forces, fire fighting forces, Village maintenance forces, units of the armed forces of the United States, or of any personnel thereof, when on active duty. The Village Disaster Plan shall place reliance upon the forces available for performance of functions related to disaster emergencies; but they would operate under the authority of their individual departments. .(d) limit, modify, or abridge the authority of the Village President, Board of Trustees, or Village Manager to proclaim martial law or exercise any other powers vested in them under the State Statutes and /or Village Ordinances. f • r SECTION 25. This Ordinance shall be in force from and after its passage and approval, as.provided by law. This Ordinance supersedes any ordinance, policies or plans that are in conflict with it. AYES: 5 NAYES: 0 ABSENT: 1 PASSED this day of , 1976. APPROVED this p2 day of 1,976. ATTEST: Vi] '-age Clerk APPROVED: Vi lage President i d VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE DAY OFa�GLL6� i .1974, THIS DAY OF BUFFALO ��G��ROOOVVE' / Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, this ZZU day of 1974. Village Clerk a ORDINANCE NO. 76- 30 EMERGENCY SERVICES AND DISASTER AGENCY BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that Ordinances Numbered 58 -7 and 71 -03 both as amended are hereby repealed in their entirety. SECTION 1. Local Emergency Services and Disaster Agency (ESDA): (a) There is created within the Village departments a Local Emergency Services and Disaster Agency (ESDA), in accordance with the Illinois Emergency Services and Disaster Act of 1975, and a coordinator who shall be the head thereof. He /she shall be appointed by the President, by and with the consent and approval of the Board of Trustees. He /she shall serve a 3-year term. (b) The Coordinator, subject to the direction and control of the Village President, shall be the executive head of the Local ESDA and shall be responsible under the direction of the Village President for carrying out the program for emergency services and disaster operations of the Village. He, with the commission as set forth in this Ordinance, shall be responsible for preparing a Village Disaster Plan. Such plan shall be reviewed on an annual basis. He shall maintain liaison and cooperate with the ESDA and other disaster agencies and organizations of other political subdivisions, of the State of Illinois and of the Federal Government. The Coordinator shall have the responsibility for the organization, ad- ministration, training, and operation of the members within the Village of Buffalo Grove's ESDA. SECTION 2. Policy and Purposes: The purpose of the ESDA will be in accordance with "The Illinois Emergency Services and Disaster Act of 1975" in order to in general: (a) Minimize the effects caused by an attack or disaster on the United States or the State of Illinois, or both. (b) Solve the immediate survival problems resulting from such attack or disaster. (c) Make emergency repairs to accomplish emergency restoration of vital utilities and facilities destroyed or damaged by such attack or disaster when authorized by the Village President. (d) Conduct recovery actions to include emergency management of resources and economic stabilization when authorized by the Village President. SECTION 3. Definitions: As used in this Ordinance, unless the context clearly indicates otherwise, the following words and terms mean: (a) "Emergency Services" means the preparation for and the carrying out of such functions, other than functions for which military forces are primarily responsible, as may be necessary or proper to.prevent, minimize, repair and alleviate injury and damage resulting from disasters caused by fire, flood, earthquake, or other man -made or natural causes. These functions include, with- out limitation, fire fighting services, police services, maintenance services communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency assigned functions of plant protection, temporary restoration of public utility services and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. (b) "Disaster" means an occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from any natural or manmade cause, including but not limited to fire, flood, earthquake, wind, storm, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot, or hostile military or paramilitary action. "Disaster" includes but is not limited to all occurrences and threats thereof which are contemplated by the concept of "emergency services, and disaster operations." (c) "Disaster Operations" means the functions created in accordance with the provisions of this Ordinance to be performed by Village operational per- sonnel to alleviate the effects of disaster. -2- (d) "Mobile Support Team" means the utilization of State personnel to be dispatched by the Governor, or, of he so authorizes the State Director, to supplement local needs for emergency services and disaster operations at a disaster. (e) "Coordinator" means the individual appointed by the Village President of a local governmental subdivision with the duty of carrying out the require- ments of this Ordinance. (f) "Political Subdivision" means any county, city, village or incorporated town. (g) "United States" means the several states, the District of Columbia, and the Panama Canal Zone. SECTION 4. Mobile Support Team: All or any members of the Village of Buffalo Grove ESDA organization may be designated as members of a Mobile Support i Team created by the Director of the State ESDA as provided by law. The leader of each such Mobile Support Team shall be designated by the Coordinator of the Village of Buffalo Grove's ESDA organization. Any member of a Mobile Support Team who is a Village employee or officer while serving on call to duty by the Governor, or the State Director, shall receive the compensation and have the powers, duties, rights, and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the Village, while so serving, shall, subject to State approval, receive from the State reasonable compensation as provided by law. SECTION 5. Agreements With Other Political Subdivisions: The Coordinator of the Village of Buffalo Grove's ESDA may negotiate Mutual Aid Agreements with other villages or political subdivisions of the State, but no such agree- ment shall be effective until it has been approved by the Village President and Board of Trustees and by the State Director of ESDA. This does not, however, preclude entering into emergency agreements as provided under the Village Emergency Powers Ordinance. SECTION 6. Emergency Action: If the Governor proclaims that a disaster emergency exists in the event of actual enemy attack upon the United States or -3- the occurrence within the State of Illinois of a major disaster resulting from enemy sabotage or other hostile action, or from man -made or natural disaster, it shall be the duty of the Village of Buffalo Grove's ESDA to cooperate fully with the State ESDA and with the Governor in the exercise of emergency powers as provided by law. SECTION 7. Compensation: Members of the Village of Buffalo Grove's ESDA who are paid employees or officers of the Village, if called for training by the State Director of ESDA, shall receive for the time spent in such training the same rate of pay as is attached to the.position held less the amount if any paid by the State; members who are not such Village employees or officers shall receive for such training time such compensation as may be established by the Village President and Board of Trustees. SECTION 8. Reimbursement by State: The State Treasurer may receive and allocate to the appropriate fund, any reimbursement by the State to the Village for expenses incident to training members of the ESDA as prescribed by the State Director of ESDA, compensation for services and expenses of members of a Mobile Support Team while serving outside the Village in response to a call by the Governor or State Director of ESDA, as provided by law, and any other reimbursement made by the State incident to ESDA activities as provided by law. SECTION g. Oath: Every person appointed to serve in any capacity in the Local ESDA organization shall, before entering upon his duties, subscribe to the following Oath, which shall be filed with the Coordinator: n1� , do solemnly swear (or affirm) that 1 will support and defend and bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois, and the territory, institutions, and facilities thereof, both public and private, against all enemies, foreign and domestic; that 1 take this obligation freely, without any mental reservation or purpose of evasion; and that will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am 1, nor -4- have I been a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as I am affiliated with the Buffalo Grove ESDA organization, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence." SECTION 10. Local Services: The.Village of Buffalo Grove's ESDA shall whenever feasible: (a) Identify, mark, and stock suitable community fallout shelter:. (b) Encourage the pui,lic, business, and industry to provide private fallout shelters.; (c) Prepare for effective use of the shelter, including trained management staffs, as well as complete Community.Shelter Use Plans. (d) Provide emergency information to the village population in the most concise and effective manner in order to alleviate tension, .to; save lives through providing knowledge and to prevent panic and confusion. (e) Properly and well inform departments, agencies, and public through the use of proper procedures for collection, verification, and release of all official news items; control of rumor; and the methods for dissemination of public information bulletins, emergency bulletins and directives necessary for the safety of the public. (f) Provide first aid medical treatment and hospitalization and to assure efficient use of medical resources. (g) Prevent and control disease by assuring safe milk and food; preventing and eliminating water pollution; controlling rodents, insects, and other public health hazards; and providing for removal and burial of'the dead. (h) Provide Emergency welfare services. Emergency Welfare Services (EWS) means locally provided measures for feeding; clothing; housing or lodging in private and congregate facilities; registration; locating and reuniting families; care of unaccompanied children, the aged, the handicapped, and other groups needing specialized care or service; necessary financial or other assistance; counseling and referral services to families and individuals; aid to welfare institutions under nationat emergency or postattack conditions; and all other feasible welfare aid and services to people in need during an ESDA emergency. Such measures include organization, direction and provision of services to be instituted before attack, in the event. of- strategic or tactical evacuation, and after attack in the event of evacuation or of refuge in shelters. (i) Carry out the emergency preparedness functions of the Emergency Welfare Services (EWS) program and include the following five (5) programs within the total EWS: 1. Emergency Feeding 2. Emergency Clothing 3. Emergency Lodging 4. Emergency Social Service. 5. Emergency Registration and Inquiry All of the above functions shall-be in combination with the Township, County and State Public Aid officials and shall be binding. SECTION II. Purchases and Expenditures. The Village President may, on the recommendation of the Coordinator of ESDA, authorize any purchase of contracts necessary to place the Village of Buffalo Grove in a position to combat effective] any disaster resulting from the explosion of any nuclear or other bomb or missle and to protect the public health and safety, protect property and provide emer- gency assistance to victims in the case of such disaster or from man -made or natural disaster. (a) In the event of enemy caused or other disaster, the Village Coordinator of ESDA is authorized, on behalf of the Village of Buffalo Grove, to procure such services, supplies, equipment or materials as may be necessary for such purposes, in view of the exigency, without regard to the statutory procedures or formalities normally prescribed by law pertaining to Village contracts or obligations as authorized by the "State ESDA Act of 1975," provided that if the Village President shall be readily available for consultation, the coordinator sha act subject to any directions and restrictions imposed. -6- (b) When practical, a special session of the Village Board shall be convened to further review and act upon any actions needed to correct emergency conditions. SECTION 12. Office: Space shall be designated by the Village President and Board of Trustees in the Village building or elsewhere, for use by the Buffalo Grove's ESDA as its office and Emergency Operating Center (EOC). SECTION 13. Appropriation - Levy of Taxes: The Village President and Board of Trustees may make an appropriation for local ESDA purposes in the manner provided by law, and any levy in addition for ESDA purposes only, a tax not to exceed five (5) cents per one hundred (100) dollars of the assessed value of all taxable property in addition to all other taxes, as provided by "The States ESDA Act of 1975 "; however, that amount collectable under such levy shall in no event exceed twenty -five (25) cents per capita. SECTION 14. Immunity: Neither the Village, (except in cases of negligence or willful misconduct) the Coordinator, or other Village employees, or representa- tives of any of them, engaged in any emergency services and disaster operations or disaster activities, while complying with or attempting to comply with this ordinance or any rule or regulations promulgated pursuant to this ordinance, is liable for the death of or any injury to persons, or damage to property, as a result of such activity. This Section does not, however, affect the right of any person to receive benefits to which he would otherwise be entitled under this ordinance under the Workmen's Compensation Act or the Workmen's Occupational Diseases Act, or under any pension law, and this Section does not affect the right of any person to receive any benefits or compensation under any Act of Congress. SECTION 15. No Private Liability: Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual or impending disaster, or a mock or practice disaster response activity together with his successors in interest, if any, shall not -7 be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission, or for loss of, or damage to, the property of such person. SECTION 16. Establishment of ESDA Commission: There is hereby created within the Village organizational structure a separate commission known as the Emergency Services and Disaster Commission (ESDAC). The commission shall consist of seven members including the Coordinator of the Local ESDA. The seven com- missioners shall be appointed by the President with the approval and consent of the Board of Trustees. The commission shall contain at least one representa- tive of the Police, Public Works and Community Development Departments, and one of the Fire Protection Districts and any other emergency departments as deemed necessary. The other members shall be appointed from the Village ESDA. The Village President and the Village Manager shall be ex-officio members of the Commissior SECTION 17. Term of Commissioners: The term of the Commissioners shall be three years. The terms shall be staggered. SECTION 18. Purpose: The purpose of the ESDA Commission shall be to supervise and implement the functions of the Local ESDA organization. SECTION 19. Officers and Members: Officers shall consist of a Director, Deputy Director, and Secretary. The Coordinator of the Local ESDA shall be the Director of the ESDA Commission. The Director shall appoint the Deputy Director and the Secretary with the consent of the members. All members of the Commission shall have a vote except the ex- officio members. Members of the Commission shall be subject to removal by the Director following three successive unexcused absences from regular scheduled meetings. SECTION 20. Meetings: The Commission shall hold regular meetings not less than four times a year. Special meetings shall be held as prescribed by the By -Laws of the Commission. SECTION 21. Quorum: A majority of the voting members of the Commission shall constitute a quorum. -8 i- SECTION 22. Records: Minutes shall be kept of all proceedings of the Commission and a copy thereof shall be submitted to.the President and Board of Trustees. SECTION 23. Compensation: No member of the Commission shall receive any compensation. However, the members may be reimbursed for necessary expenses actually incurred in the performance of their duties. All such expense items shall be supported by vouchers. SECTION 24. Limitations: Nothing in this Ordinance shall be construed woo to: (a) interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this Ordinance or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety; (b) interfere with dissemination of news or comment of public affairs; but any communications facility or organization (including but not limited to radio and television stations, wire services, and newspapers) may be requested to transmit or print public service messages furnishing information or instruction in connection with a disaster emergency; (c) affect the jurisdiction or responsibilities of Village police forces, fire fighting forces, Village maintenance forces, units of the armed forces of the United States, or of any personnel thereof,.when on active duty. The Village Disaster Plan shall place reliance upon the forces available for performance of functions related to disaster emergencies; but they would operate under the authority of their individual departments. (d) limit, modify, or abridge the authority of the Village President, Board of Trustees, or Village Manager to proclaim martial law or exercise any other powers vested in them under the State Statutes and /or Village Ordinances. -9- R Y f r SECTION 25. This Ordinance shall be in force from and after its passage and approval, as provided by law. This Ordinance supersedes any ordinance, policies or plans that are in conflict with it. AYES: 5 NAYES: 0 ABSENT: 1 PASSED this v2 day of �� , 1976• APPROVED this day of 1976• v APPROVED: VT lage President ATTEST: Village Clerk J A