§ 31-9-10 — Local Emergency Management Organizations; Emergency Powers of Political Subdivisions

Alabama § 31-9-10

• Jurisdiction: Alabama
• Title 31: Military Affairs and Civil Defense
• Ch. 9: Emergency Management
• Art. 1: Alabama Emergency Management Act of 1955

Text

(a) Each political subdivision of this state shall establish a local organization for emergency management in accordance with the state emergency management plan and program and may confer or authorize the conferring upon members of the auxiliary police the powers of peace officers, subject to such restrictions as shall be imposed. The governing body of the political subdivision may appoint a director, who shall have direct responsibility for the organization, administration, and operation of the local organization for emergency management, subject to the direction and control of the governing body. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized, and in addition, shall conduct such functions outside of its territorial limits as authorized by this article.
(b) The governing body of each political subdivision may do all of the following:
(1) Appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any disaster; and direct and coordinate the development of emergency management plans and programs in accordance with the policies and plans set by the federal and state emergency management agencies.
(2) Appoint or employ the personnel necessary to accomplish the goals of this chapter.
(3) Establish a primary and one or more secondary control centers to serve as command posts during an emergency, and coordinate with other political subdivisions to establish the same.
(4) Assign and make available for duty the employees, property, or equipment of the subdivision relating to fire fighting, engineering, rescue, health, medical and related service, police, transportation, construction, and similar items or services for emergency management purposes, within or outside of the physical limits of the subdivision.
(5) In the event the governing body of the political subdivision determines that any of the conditions described in Section 31-9-2(a) has occurred or is imminently likely to occur, the governing body may do either of the following:
a. Notwithstanding Article 3 of Chapter 16 of Title 41, let contracts to the extent necessary to address the conditions described in Section 31-9-2(a), provided that the governing body does the following:
1. Documents at least two price quotes or estimates before letting the contract.
2. Adopts a resolution or ordinance declaring the conditions, the action taken, and the reasons for taking the action.
b. Impose a public safety curfew for its inhabitants. If a public safety curfew is imposed, it shall be enforced by the appropriate law enforcement agency within the political subdivision. A public safety curfew imposed under this paragraph shall not apply to employees of utilities, cable, and telecommunications companies and their contractors engaged in activities necessary to maintain or restore utility, cable, or telecommunications services or to official emergency management personnel engaged in emergency management activities.
(6) Close, notwithstanding Section 11-1-8, any and all public buildings owned or leased by and under the control of the political subdivision where emergency conditions warrant, whether or not a local state of emergency has been declared by the governing body of the political subdivision. In the event that any documents required to be filed by a time certain deadline cannot be filed due to the closing of an office under this subdivision, the deadline for filing shall be extended to the date that the office is reopened as provided in Section 1-1-4.
(c)(1) In the event the Governor or the Legislature proclaims a state of emergency affecting a political subdivision as set forth in Section 31-9-8, the chair or president of the governing body of the political subdivision may execute a resolution on behalf of the governing body declaring that any of the conditions described in Section 31-9-2(a) has occurred or is imminently likely to occur.
(2) Execution of the resolution by the chair or president of the governing body shall authorize the governing body to exercise the powers enumerated in subdivision (b)(5).
(d) No local governing body of a political subdivision may provide for and compel evacuation of the area except by the direction and under the supervision of the Governor or the State Emergency Management Agency, or both. Any action taken by the governing body of the political subdivision shall remain in full force and effect unless revoked by proclamation of the Governor, issued as provided in Section 31-9-8.
(e)(1) Nothing in this section shall authorize the seizure or confiscation of any firearm or ammunition from any individual who is lawfully carrying or possessing the firearm or ammunition except as provided in subdivision (2).
(2) A law enforcement officer who is acting pursuant to the officer’s official duties may disarm an individual if the officer reasonably believes that it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before releasing that individual unless the officer arrests that individual for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation of a crime or, at the discretion of the officer, the individual poses a threat to himself or herself or to others.

Legislative History

(Acts 1955, No. 47, p. 267, §10; Act 2006-522, p. 1210, §1; Act 2009-572, p. 1679, §1; Act 2018-94, §1; Act 2023-204, §1.)