2-11.6 Powers and Duties of the Director and Assistant Director of Emergency Services.
a. The Director is hereby empowered to:
1. Request the City Council to proclaim the existence or threatened existence of a “local emergency” if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect.
Note the provisions of Section 8630 of the California Emergency Services Act which require that the City Council review, at least every fourteen (14) days until a local emergency is terminated, the need for continuing the local emergency, and further require that the City Council terminate the local emergency at the earliest possible date the conditions warrant.
2. Request the Governor to proclaim a “state of emergency” when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency.
Section 8625 of the California Emergency Services Act provides that such request is to be made, in the case of a city, by the Mayor or Chief Executive.
3. Control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this section.
4. Direct cooperation between and coordination of services and staff of the emergency organization of the City; and resolve questions of authority and responsibility that may arise between them.
5. Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
6. In the event of the proclamation of a “local emergency” as herein provided, the proclamation of a “state of emergency” by the Governor or the Director of the State Office of Emergency Services, or the existence of a “state of war emergency,” the Director is hereby empowered:
(a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
(b) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use;
(c) To require emergency services of any City officer or employee and, in the event of the proclamation of a “state of emergency” in the county in which the City is located or the existence of a “state of war emergency,” to command the aid of as many citizens of this community as he deems 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 disaster service workers;
(d) To requisition necessary personnel or material of any City department or agency; and
(e) To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by this section or by resolution or emergency plan pursuant thereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority.
General law cites Section 38791 of the Government Code re authority to provide for a Chief Executive with special powers during emergencies.
b. The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council.
c. The Assistant Director shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the City; and shall have such other powers and duties as may be assigned by the Director. (Ord. #79, S6; Ord. #2012-153)