DOC

Emergency ProclamationsResolutions

By Derek Miller,2014-02-23 07:55
18 views 0
Emergency ProclamationsResolutions

    Emergency Proclamations/Resolutions

    The proclamation of a local emergency: Local Emergency Proclamations/

    ! Gives public employees and governing bodies Resolutions (Exhibits 1, 2 and 3)

    certain legal immunities for emergency actions When there is a condition of extreme peril or

    taken. potential peril to the safety of persons and property,

    ! If the conditions described in the California and the condition is beyond the capability of the

    Emergency Services Act warrant a local emergency, local forces to control effectively, the local

    it enables local agencies to request state assistance governing body (city council, board of supervisors

    under the State NDAA. or a person authorized by ordinance) may proclaim

    that a local emergency exists. A local emergency ! Allows the chief executive or other authorized may be proclaimed to exist due to a specific official designated by local ordinance to: situation, such as flood, fire, storm, earthquake, Establish curfews.

    epidemic, drought, sudden and severe energy Take any measures necessary to protect shortage, or other condition. The type of disaster, and preserve public health and safety. date of occurrence and area affected are to be Exercise all authority granted by local identified. ordinance.

    ! A copy of the resolution must be provided Cities Covered Under a County

    Proclamation as soon as possible to the Los Angeles

    When a county proclaims a local emergency County Operational Area for transmission

    pursuant to Section 8630 of the Government Code, to State OES.

    based upon conditions which include both ! To qualify for assistance under the state

    incorporated and unincorporated territory of the Natural Disaster Assistance Act (NDAA),

    county, it is not necessary for the cities to also such proclamations must be made within 10

    proclaim the existence of a local emergency days of the event.

    independently. Further, cities within a county are ! A Local Emergency proclaimed by the bound by county rules and regulations adopted by Director of Emergency Services (designated the county pursuant to Section 8634 of the by ordinance) must be ratified by the City Government Code during a county proclaimed local Council within seven days. emergency when the local emergency includes both ! The governing body shall review, at its incorporated and unincorporated territory of the regularly scheduled meetings until the Local county even if the cities do not independently Emergency is terminated, the need for proclaim the existence of a local emergency. (See continuing the Local Emergency. However, County Counsel Opinion FAQs) in no event shall a review take place more

    Local Resolution Requesting State than 21 days after the previous review.

    Director, Office of Emergency However, if the governing body meets weekly,

    Services, Concurrence in Local it shall review the need for continuing the

    Emergencies (Exhibit 6) Local Emergency at least every 14 days, until

    Following the proclamation of a local emergency the Local Emergency is terminated.

    and in the event public property has been damaged ! The governing body shall proclaim the

    or destroyed and assistance is needed in the repair termination of the local emergency at the

    and restoration, the governing body may request the earliest possible date that conditions warrant.

    State OES Director to concur in their proclamation (Exhibit 7)

    of a local emergency and to provide assistance

    under the California Natural Disaster Assistance

    1

    Act (NDAA). The resolution must indicate the Angeles County Operational Area Office of nature and date of the emergency, and the person Emergency Management for transmission to the designated to receive, process and coordinate all aid. State OES Director:

    The resolution will be sent to State OES through ! Copy of the local emergency proclamation the Los Angeles County Operational Area (see (see Exhibits 1, 2 and 3).

    Exhibit 6). ! Damage assessment summary and estimate of To assist the State OES Director in evaluating the financial loss (while this information may not be situation, and in making a decision on whether or readily available at the point the proclamation is not to concur in the local emergency, the following sent, it must be provided as rapidly as possible is required to accompany the resolution: following the local proclamation). ! Certified copy of local emergency The Office of Emergency Services prepares a

    proclamation (see Exhibits 1, 2 or 3). recommendation as to the action that should be ! Damage Assessment Summary taken by the Governor. If the action recommends a

     Governor’s proclamation, OES prepares the

    proclamation. Note: The Local Emergency proclamation must

    Presidential Declaration be made within 10 days of the occurrence to

    Following the proclamation of a state of emergency, qualify for assistance under the State Natural

    the State OES Director may recommend that the Disaster Assistance Act. Financial assistance

    Governor request a Presidential declaration of a available under the NDAA is administered by State

    major disaster under the authority of Public Law OES.

    93-288. The Governor’s request to the president is State of Emergency/Presidential

    submitted through the Federal Emergency Declaration (Exhibit 4) Management Agency (FEMA). Supplementary Resolution Requesting Governor to

    justification data may be required to accompany the Proclaim a State of Emergency

    state and local proclamations and Initial Damage After a proclamation of a local emergency, the

    Estimate. governing body of the city or county, having

    determined that local forces are unable to mitigate Renewal of Local Emergency

    the situation, may request by letter or resolution Proclamations

    that the Governor proclaim a state of emergency in Background

    the area to fully commit state and mutual aid There has been some discussion if cities or counties assistance and provide resources to assist local need to renew their local emergency proclamations government (see Exhibit 4). following a state of emergency to receive state or To support its request for a gubernatorial federal assistance.

    proclamation, it is essential that the local Emergency Services Act

    The Emergency Services Act, Article 14, Section jurisdiction forward an estimate of damage and

    8630 (Proclamation by local governing body; financial loss to State OES through the Operational

    Duration; Review) states, “(a) A local emergency Area as rapidly as possible. Estimates of loss are

    may be proclaimed only by the governing body of a an important part of the criteria that State OES

    city, county, or city and county, or by an official considers when making a determination to

    designated by ordinance adopted by that governing proclaim a state of emergency and request a

    body. Presidential Declaration of Emergency or Disaster.

    A copy of the request for a Governor’s

    proclamation, with the following supporting data,

    must be forwarded, and may be faxed, to the Los

    2

(b) Whenever a local emergency is proclaimed by eligible for state and federal disaster assistance.

    an official designated by ordinance, the local Sample Emergency Proclamation emergency shall not remain in effect for a period in Forms (Resolutions)

    excess of seven days unless it has been ratified by The following suggested resolutions were the governing body. developed by State OES to carry out the authority (c) (1) The governing body shall review, at its granted in Section _____ of the City of ______ regularly scheduled meetings until the local Ordinance No. _____ Relating to Emergency emergency is terminated, the need for continuing Organization and Functions. As the provisions of the local emergency. However, in no event shall a the emergency ordinance in effect in any particular review take place more than 21 days after the city or county may differ, it is suggested that these previous review. resolutions be reviewed prior to the occurrence of (2) Notwithstanding paragraph (1), if the any emergency by the city attorney concerned, and governing body meets weekly, it shall review the such changes made as may be necessary to bring need for continuing the local emergency at least them into conformance with the emergency every 14 days, until the Local Emergency is ordinance of the particular city. terminated. Exhibit 1 (EOC Form 015A) -Resolution

    (d) The governing body shall proclaim the Proclaiming Existence of a Local Emergency (by termination of the local emergency at the earliest City Council).

    possible date that conditions warrant.” Exhibit 2 (EOC Form 015B) - Resolution

    Natural Disaster Assistance Act (NDAA) Proclaiming Existence of a Local Emergency (by In order to receive NDAA funds, the local Director of Emergency Services or other person emergency has to be proclaimed within 10 days designated in ordinance). Must be ratified by

    of the incident period. NDAA does not make governing body within 7 days.

    reference to reviewing the proclamation every 14 Exhibit 3 (EOC Form 015C) - Resolution

    days; although, locals are required to do this under Confirming Existence of a Local Emergency (used the Emergency Services Act. In addition, locals by a City Council within 7 days to ratify the have to certify that they are in compliance with the proclamation of local emergency issued by the Standardized Emergency Management System Director of Emergency Services).

    (SEMS) as a condition of receiving cost Exhibit 4 (EOC Form 015D) - Resolution

    reimbursement for their emergency work labor Requesting Governor to Proclaim a State of costs under NDAA. (Disaster Assistance Funding Emergency.

    Guidance) Exhibit 5 (EOC Form 015E) -Form is not

    Federal Emergency Management Agency applicable to a city. (FEMA) Exhibit 6 (EOC Form 015F) - Local Resolution FEMA does not require local governing bodies to Requesting State Director, Office of Emergency renew their local emergency proclamations every Services' Concurrence in Local Emergencies. 14 days in order to receive federal funding. Exhibit 7 (EOC Form 015G) - Resolution Conclusion Proclaiming Termination of a Local Emergency. Based on review of the Emergency Services Act, Natural Disaster Assistance Act and the Federal From State OES Plan/Emergency Services Act Emergency Management Agency’s local

    emergency renewal policy, it is not necessary for

    local governing bodies to continue to renew their

    local emergency proclamations in order to be

     RESOLUTION PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY

    3

     (by City Council)

     WHEREAS, Ordinance No. __________ of the City of ???? empowers the City Council to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity; and

     WHEREAS, said City Council has been requested by the Director of Emergency Services* of said city to proclaim the existence of a local emergency therein; and

     WHEREAS, said City Council does hereby find:

     That conditions of extreme peril to the safety of persons and property have arisen within said city, caused by ;

     (fire, flood, storm, epidemic, riot, earthquake, drought, energy shortage, or other causes)

    commencing on or about _____ ____.m. on the ______ day of ______________, 19___); and

     That the aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency;

     NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said city; and

     IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services* and the emergency organization of this city shall be those prescribed by state law, by ordinances, and resolutions of this city and approved by the City Council on __________________, 19____.

     IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to

    continue to exist until its termination is proclaimed by the City Council of the City of _________________, State of California.**

Dated: ____________________________ CITY COUNCIL

ATTEST: __________________________ City of ????

* Use appropriate title, as established by ordinance.

    ** Section 8630 of the Government Code provides: "...(c) (1) The governing body shall review, at its

    regularly scheduled meetings until the local emergency is terminated, the need for continuing the local

    emergency. However, in no event shall a review take place more than 21 days after the previous review.

    (2) Notwithstanding paragraph (1), if the governing body meets weekly, it shall review the need for

    continuing the local emergency at least every 14 days, until the local emergency is terminated. (d) The

    governing body shall proclaim the termination of the local emergency at the earliest possible date that

    conditions warrant."

     Exhibit 1

     EOC-015A

    4

     RESOLUTION PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY*

     (by Director of Emergency Services)**

     WHEREAS, Ordinance No. _________ of the City of ???? empowers the Director of Emergency Services** to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity and the City Council is not in session; and

     WHEREAS, the Director of Emergency Services** of the City of ???? does hereby find;

     That conditions of extreme peril to the safety of persons and property have arisen within said city, caused by ; and ;

     (fire, flood, storm, epidemic, riot, earthquake, drought, energy shortage, or other causes)

     That the City Council of the City of ???? is not in session (and cannot immediately be called into session);

     NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists

    throughout said city; and

     IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local

    emergency the powers, functions, and duties of the emergency organization of this city shall be those prescribed by state law, by ordinances, and resolutions of this city, and by the City of ???? SEMS Multihazard Functional Plan, as approved by the City Council on _________________, 19___.

Dated: ___________________________ By:____________________________________

     Director of Emergency Services**

     City of ????

____________________

    * This form may be used when the director is authorized by ordinance to issue such a proclamation.

    Section 8630 of the Government Code provides: "...Whenever a local emergency is proclaimed by

    an official designated by ordinance, the local emergency shall not remain in effect for a period in

    excess of seven days unless it has been ratified by the governing body ..."

** Use appropriate title, as established by ordinance.

     Exhibit 2

     EOC-015B

    5

     RESOLUTION CONFIRMING EXISTENCE OF A LOCAL EMERGENCY*

     WHEREAS, Ordinance No. ______ of the City of ???? empowers the Director of Emergency Services** to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and

     WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within this city,

     caused by

     (fire, flood, storm, epidemic, riot, earthquake, drought, energy shortage, or other causes)

    commencing on or about _____ ___.m. on the _____ day of ___________, 19____, at which time the City Council of the City of ???? was not in session; and

     WHEREAS, said City Council does hereby find that the aforesaid conditions of extreme peril did warrant and necessitate the proclamation of the existence of a local emergency; and

     WHEREAS, the Director of Emergency Services** of the City of ???? did proclaim the existence of a local emergency within said city on the ______ day of _______________, 19___;

     NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that said local emergency

    shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of ????, State of California.***

Dated: __________________________ CITY COUNCIL

    City of ????

    ATTEST: _________________________

___________________

    * This form may be used by a City Council to ratify the proclamation of existence of a local

    emergency, issued by the Director of Emergency Services.

** Use appropriate title, as established by ordinance.

*** Section 8630 of the Government Code provides: "...(c) (1) The governing body shall review, at its

    regularly scheduled meetings until the local emergency is terminated, the need for continuing the local

    emergency. However, in no event shall a review take place more than 21 days after the previous review.

    (2) Notwithstanding paragraph (1), if the governing body meets weekly, it shall review the need for

    continuing the local emergency at least every 14 days, until the local emergency is terminated. (d) The

    governing body shall proclaim the termination of the local emergency at the earliest possible date that

    conditions warrant."

     Exhibit 3

     EOC-015C

    6

     RESOLUTION REQUESTING GOVERNOR TO

     PROCLAIM A STATE OF EMERGENCY

     WHEREAS, on _________________, 19____, the City Council of the City of ???? found that due to

     ;

     (fire, flood, storm, epidemic, riot, earthquake, drought, energy shortage, or other causes)

    a condition of extreme peril to life and property did exist within said city; and

     WHEREAS, in accordance with state law the City Council proclaimed an emergency did exist throughout said City; and

     WHEREAS, it has now been found that local resources are unable to cope with the effects of said emergency;

     NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that a copy of this

    resolution be forwarded to the Governor of California with the request that he proclaim the City of ???? to be in a state of emergency; and

     IT IS FURTHER ORDERED that a copy of this resolution be forwarded to the State Director of the Office of Emergency Services; and

     IT IS FURTHER RESOLVED that _____________________, (Title)______________,

    is thereby designated as the authorized representative for public assistance and _______________________, (Title)___________________, is hereby designated as the authorized representative for individual assistance of the City of ???? for the purpose of receipt, processing, and coordination of all inquiries and requirements necessary to obtain available state and federal assistance.

Dated : ____________________________ CITY COUNCIL

ATTEST: ____________________________ City of ????

     Exhibit 4

     EOC-015D

    7

     LOCAL RESOLUTION REQUESTING STATE DIRECTOR, OFFICE OF

     EMERGENCY SERVICES' CONCURRENCE IN LOCAL EMERGENCIES*

     WHEREAS, on _________________, 19____, the City Council of the City of ???? found that due to

     ;

     (fire, flood, storm, epidemic, riot, earthquake, drought, energy shortage, or other causes)

    a condition of extreme peril to life and property did exist within said city; and

     WHEREAS, in accordance with state law the City Council now proclaims an emergency does exist throughout said City;

     NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that a copy of this

    resolution be forwarded to the State Director of the Office of Emergency Services with a request that he find it acceptable in accordance with provisions of the Natural Disaster Assistance Act; and

     IT IS FURTHER RESOLVED that______________________, (Title)______________,

    is hereby designated as the authorized representative of the City of ???? for the purpose of receipt, processing, and coordination of all inquiries and requirements necessary to obtain available state assistance.

Dated: _____________________________ CITY COUNCIL

ATTEST: ___________________________ City of ????

_____________________________

    * Proclamation of local emergency must be made within 10 days of the disaster occurrence in order to

    qualify for assistance under the Natural Disaster Assistance Act.

    Note: Attach list of damaged Public Facilities showing location and estimated cost of repairs.

     Exhibit 6

     EOC-015F

    8

     RESOLUTION PROCLAIMING TERMINATION OF LOCAL EMERGENCY

     WHEREAS, a local emergency existed in the City of ???? in accordance with the resolution thereof by the City Council on the ______ day of ______________, 19___,

or

    Director of Emergency Services* on the _____ day of ____________________,

    19______, and its ratification by the City Council on the ________ day of _________________,

    19____,

    as a result of conditions of extreme peril to the safety of persons and property caused by

     ; and

     (fire, flood, storm, epidemic, riot, earthquake, drought, energy shortage, or other causes)

     WHEREAS, the situation resulting from said conditions of extreme peril is now deemed to be within the control of the normal protective services, personnel, equipment, and facilities of and within said City of _____________;

     NOW, THEREFORE, the City Council of the City of ????, State of California, does hereby proclaim the termination of said local emergency.

    Dated: _________________________ CITY COUNCIL

     City of ????

ATTEST: ______________________

__________________

    * Use appropriate title, as established by ordinance.

     Exhibit 7

     EOC-015G

    9

Report this document

For any questions or suggestions please email
cust-service@docsford.com