2016-08-15 - Ordinance 2016-040 - AMENDING CHAPTER 2.34, EMERGENCY MANAGEMENT AGENCY, OF THE MUNICIPAL CODE 613012016
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ORDINANCE NO. 2016—040
AN ORDINANCE AMENDING CHAPTER 2.34, EMERGENCY MANAGEMENT
AGENCY, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
the Village of uffalo Grove is a Home Rule Unit pursuant to
the Illinois Constitution of 1970.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK
COUNTIES, ILLINOIS, as follows:
Section It Chapter 2.34, Emergency Management Agency, of the Village of
Buffalo Grove Municipal Code is hereby amended to read as follows:
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Emergency Mane c
2.34.010 Establishment.
There is hereby created the Village of Buffalo Grove Emergency Management
Agency, hereinafter designated as Village EMA, established to prevent, minimize,
repair and alleviate injury or damage resulting from isaster caused by enemy attack,
sabotage or other hostile actions or from natural or man-made disaster, in accordance
it "The Illinois Emergency Management Agency Act", as amended. The Village
ENIA shall consist of the Fire Chief, who shall serve as ENIA Director, the
Coordinator, and such other members as may be selected by the Director, The
Coordinator shall be under the authority, command, and control. of the ENIA Director.
2.34.020 Director.
Duties: Under the supervision of the Village President, the Director shall have the
responsibility for the management of the Emergency Management Agency, to include the
Coordinator and support staff,
2.3 4.030 ac cy in office.
In the event of the absence, resignation, death, or inability to serve as the Director
of Emergency anage ent, the Village President or individual designated by the Village
President, shall be and act as Director until a new appointment is made as provided in this
Chapter.
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2.34.40 Coordinator.
Duties- Under the supervision of the Director of Emergency Management, the
Coordinator shall have direct responsibility for the planning, coordination, and operation
of the emergency management activity in the Village. The Coordinator shall maintain
liaison with the State and Federal authorities and the authorities of other nearby political
subdivisions to ensure the most effective operation of the Emergency Operations Plan.
The Coordinator's duties shall include,but not be limited to,the following:
A. Coordinating the recruitment of volunteer personnel and agencies to augment the
personnel and facilities of the Village for emergency management purposes.
B. Development and coordination of plans for the immediate use of all Village
facilities, equipment, manpower and other resources for the purposes of
minimizing or preventing damage to persons and property and protecting and
restoring to usefulness governmental services and public utilities necessary for the
public health, safety and welfare.
C. Negotiating and concluding agreements with owners or persons in control of
buildings or other property for the use of such buildings or other property for
emergency management purposes, and designating suitable buildings as public
shelters.
D Conducting public practice alerts to ensure the efficient operation of emergency
management regulations, procedures, and operations.
E. Coordinating the activity of all other public and private agencies engaged in any
emergency management activity.
F. Assuming such authority and conducting such activity as the Village President
may direct to promote and execute the Emergency Operations Plan.
& Vacancy In Office- In the event of the absence, resignation, death, or inability to
serve as the Coordinator, the Village President or any person designated by the
Village President, shall be and act as Coordinator until a new appointment is
made as provided in this Chapter.
2.34.050 Functions.
The Village E shall perform such EMA functions within the Village as shall be
prescribed in and by the State of Illinois EMA plan and program prepared by the
Governor, and, in addition, shall perform such duties outside the corporate limits as may
be required pursuant to any mutual aid agreement with any other political subdivision.,
municipality, or quasi- municipality entered into as provided in "The Illinois Emergency
Management Agency Act", as amended.
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2.34.060 Service as Mobile Support Team.
All or any member of the Village EMA organization may be designated as a
member of a mobile support team created by the Director of the State of Illinois
Emergency Management Agency, as provided by law. The leader of the mobile support
team shall be designated by the Director of the Village EMA 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 off-ice.
Any such member who is not a paid officer o r e mployee of the Village, while so serving,
shall receive from the State of Illinois, reasonable compensation as provided by law.
2.34.070 Agreement with other political subdivisions.
The Director of the Village EMA may negotiate mutual aid agreements with other
cities or political subdivisions of the State of Illinois, but no such agreement shall be
effective until it has been approved by the Village President and Board of Trustees.
2.3 .08 Emergency Action®
If the Governor proclaims that a disaster or state of emergency exists in the event
of actual enemy attack upon the United States or 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 EMA to cooperate fully
with the State of Illinois EMA and with the Governor in the exercise of emergency
powers as provided by law.
2034.90. Emergency Powers and Duties.
A. The Village President may exercise the emergency power and authority
necessary to fulfill his general powers and duties as defined in Village
ordinance. The judgment of the Village President shall be the sole criteria
necessary to invoke emergency powers provided by ordinance and other
appropriate authorities. The Board of Trustees may convene to perform its
legislative and administrative powers as the situation demands and shall
receive reports relative to emergency management activities. Nothing in this
Chapter shall be construed as abridging or curtailing the powers or restrictions
of the Board of Trustees.
B. During any period when disaster threatens or when the Village has been struck
by disaster, within the definition of this Chapter, the Village President or the
Director of the Emergency Management Agency may promulgate such
regulations as deemed necessary to protect life and property and preserve
critical resources. Such regulations may include, but shall not be limited to,the
following:
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I. Regulations prohibiting or restricting the movement of
vehicles in order to facilitate the or of emergency
management personnel or to facilitate the work of
emergency management personnel or to facilitate the mass
movement of persons from critical areas within or without
the village.
2. Regulations pertaining to the movement of persons from
areas deemed robe hazardous or vulnerable to disaster.
3. Such other regulations necessary to preserve public
peace, health and safety.
4. Regulations promulgated in accordance with the
authority above will be given widespread circulation by
proclamations published and expressed by newspaper,
radio, televised media and social media.
C. Emergency Locations; Governmental Powers: Whenever, due to an emergency
resultingfrom the effects of natural or manmade disaster or hostile act or the anticipated
effects thereof, it becomes imprudent, inexpedient or impossible to conduct the affairs of
local government at the regular or usual place or places, the Village Board may meet at any
place within or without the Village limits on the call of the presiding officer or any two (2)
members of such governing body and shall proceed to establish and designate by ordinance,
resolution, or other manner alternate or substitute sites or places as the emergency
temporary location or locations of government where all, or any part of, the public
business may be transacted and conducted during the emergency situation. Such sites or
places may be within or without the territorial limits of the Village.
D. During the period when the public business is being conducted at the
emergency temporary location or locations, the governing body and other officers of the
Village shall have and possess and shall exercise, at such location or locations, all of the
executive, legislative, and judicial powers and functions conferred upon such body and
officers by or under the laws of this State. Such powers and functions may be exercised in
the light of the exigencies of the emergency situation without regard to or compliance
with time- consuming procedures and formalities prescribed by law and pertaining
thereto, and all acts of such body and officers shall be valid and binding as if performed
within the territorial limits of their Village.
E. Continuity In Office: In the event that the Village President is unavailable, the
powers of the office shall be exercised and duties shall be discharged by his designated
emergency interim successors in the order specified. The emergency interim successor
shall exercise the powers and discharge the duties of the office to which designated until
such time as a vacancy which may exist shall be filled in accordance with the constitution
or statutes, or until the officer, or his deputy or a preceding emergency interim successor,
again becomes available to exercise the powers and discharge the duties of his office.
Based on the authority of 5 ILCS 27513 and Village Ordinance Number 2007-7, passed on
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July 1, 2002, the line of succession for the executive branch of government will be:
Village President, President Pro-Tern, Village Manager, Deputy Village Manager.
In the event that, at the time or as a consequence of any disaster or occurrence
described in this Chapter, the Village President and his three (3) successors on file with.
the Village shall be absent, killed, or rendered incapable of performing the duties of such
office, such office shall be filled until such time as a successor can be selected in the
manner prescribed by law, in the following line of succession: the remaining members of
the Village Board of Trustees based on tenure, the Village Manager, the Director of
Finance, the Chief of Police, the Fire Chief/Director of, the Emergency Management
Agency, the Village Clerk. In the event that, at the time or as a consequence of any
disaster or occurrence described in this Chapter, the incumbent of any Municipal office or
position shall be absent, killed, or rendered incapable of performing the duties of such
office or position, such office or position shall be filled, until such time as a successor can
be selected in the manner prescribed by law, by appointment by the Village President. The
Village President shall give due consideration to the list of three (3) successors on file
with the Village but is not required to select from said list.
2.34.100 Emergency Management Agency and Emergency Operations Plan.
A. A comprehensive Emergency Operations Plan shall be adopted and maintained by
resolution of the Corporate Authorities upon the recommendations of the Village
President. In the preparation of the Plan as it pertains to Village organization, it is
the intent that the services, equipment, facilities and personnel of all existing
departments and agencies shall be utilized to the fullest extent. When approved, it
shall be the duty of the Director of the Emergency Management Agency, all
departments, and all employees to perform the functions assigned by the Plan
and to maintain. their portion of the Plan in a current state of readiness at all
times. The Emergency Operations Plan shall be considered supplementary to
this Chapter and have the effect of law whenever a disaster has been
proclaimed.
B. The Village President shall prescribe in the Emergency Operations Plan those
positions within the disaster organization, in addition to his own, for which lines of
succession are necessary. In each instance, the responsible person will designate
and keep on file with the Village a current list oft ree (3) persons as successors to
the position. The list will be in order of succession and will as nearly as possible
designate persons best capableof carrying out all assigned duties and functions.
C. Each department head assigned responsibility in the Emergency Operations Plan
shall be responsible for carrying out all duties and functions assigned therein.
Duties will include the organization and training of assigned Village employees
and volunteers. Each department head shall formulate the operational plan for
their department which, when approved, shall be an annex to and part of the
Emergency Operations Plan.
D. When a required competency or skill for a disaster function is not available
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within the Village government, the Village President if authorized to seek
assistance from persons outside of government. The assignment of duties, when
of a supervisory nature, shall also grant authority for the persons so assigned to
carry out such duties prior to, during, and after a disaster. The Village may
accept such services from persons outside of government on a volunteer basis.
Such persons shall be enrolled as emergency management volunteers in
cooperation with the heads of departments affected.
E. Some of the duties ascribed to the Village President in this Section will
ordinarily be handled as a matter of routine by the Emergency Management
Agency's Director or Coordinator, but the responsibility and authority stem
from and remain with the Village President.
2.34.110 Compensation.
Members of the Village EMA who are paid employees or officers of the Village, if
called for training by the State of Illinois Director of EN/LA, shall receive for the time spent
in such training, the same rate of pay as is attached to the position held; 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.
2.34.120 Reimbursement by State.
The Village Treasurer may receive and allocate to the appropriate fund any
reimbursement by the State of Illinois to the Village for expenses incident to training
members of the Village EMA as prescribed by the State Director of EMA, compensation
for services and expenses of members of a mobile support team while serving outside
the Village inresponse to a call by the Governor or State Director of EMA, as provided by
law, and any other reimbursement made by the State incident to EMA activities as
provided by law.
2.34.130 Purchases and Expenditures.
The Village Corporate Authorities, may, on recommendation of the Director of
EMA, authorize any purchase or contracts necessary to place the Village in a position to
combat effectively any enemy attack upon the United States or 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 disasters and to protect the public health and safety, protect
property, and provide emergency assistance to victims in the case of such disaster.
In the event of enemy caused or other disaster, the Director of Village EMA is
authorized, on behalf of the Village, to procure such services, supplies, equipment or
material as may be necessary for such purposes, in view of the emergency without regard
to the statutory procedures or formalities normally prescribed by law pertaining to Village
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contracts or obligations, as authorized by "The Illinois Emergency Management Agency
Act", as amended; provided, that if the Village President is available at such time, the
Village Coordinator shall act subject to the direction and restrictions imposed by the
Village President.
2.34.140 Oath.
Every person appointed to serve in any capacity in the Village EMA organization
shall, before entering upon his or her duties, subscribe to the following oath:
"I (state )-oui- iiame) of the Emergency Management A g e n c y of the Village of Buffalo
Grove do solemnly swear (oraffirm) that I 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 I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and faithfully discharge the duties
upon which I am about to enter, and I do further swear (or affi n-n) that I do not advocate, nor
am I nor 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 stateby force or violence; and
that during such time as I am affiliated with the Village EMA 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 orof this state by force or violence."
2.34.150 Office.
The Village Manager is authorized to designate space in any Village building or
elsewhere, as may be provided for by the Village Corporate Authorities for the Village
EMA organization as its office.
2.34.160 Local disaster emergencies.
A local disaster emergency may be proclaimed only by the Village President as
provided by "The Illinois Emergency Management Agency Act", as amended. The local
disaster emergency shall continue only as provided by Statute. It shall be the duty of the
Village FMA to cooperate fully with the Village President in the exercise of emergency
powers as provided by taw during the time of a local disaster emergency.
Section 2. This Ordinance shall be in full force and effect, after its passage, approval
and publication in the manner provided by law. This ordinance may be published in
pamphlet form.
AYES 5 — Bennam Trilling, Stein, Ottenlicimer, Johnson
NAPES: 0—None
ABSENT: I —Weidenfeld
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PASSED- August 15, 2016.
APPROVED: AUgLlSt 15, 2016.
PUBLISHED: ALI.L',LlSt 16, 2016.
APPROVED:
Beverly SLIssrn(jk, Village President
ATTEST:
Janet V. Sirs in, Village Clerk
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