§ 10-14-3-17 — County emergency management advisory council; local emergency management organizations; power of political subdivisions; public work

Indiana § 10-14-3-17

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 14: EMERGENCY MANAGEMENT
• Ch. 3: Emergency Management and Disaster Law

Text

(a) A political subdivision is:
(1) within the jurisdiction of; and
(2) served by;
a department of emergency management or by an interjurisdictional
agency responsible for disaster preparedness and coordination of
response.
(b) A county shall:
(1) maintain a county emergency management advisory council
and a county emergency management organization; or
(2) participate in an interjurisdictional disaster agency that, except
as otherwise provided under this chapter, may have jurisdiction
over and serve the entire county.
(c) The county emergency management advisory council consists of
the following individuals or their designees:
(1) The president of the county executive or, if the county
executive does not have a president, a member of the county
executive appointed from the membership of the county
executive.
(2) The president of the county fiscal body.
(3) The mayor of each city located in the county.
(4) An individual representing the legislative bodies of all towns
located in the county.
(5) Representatives of private and public agencies or
organizations that can assist emergency management considered
appropriate by the county emergency management advisory
council.
(6) One (1) commander of a local civil air patrol unit in the
county or the commander's designee.
(d) The county emergency management advisory council shall do
the following:
(1) Exercise general supervision and control over the emergency
management and disaster program of the county.
(2) Select or cause to be selected, with the approval of the county
executive, a county emergency management and disaster director
who:
(A) has direct responsibility for the organization,
administration, and operation of the emergency management
program in the county; and
(B) is responsible to the chairman of the county emergency
management advisory council.
(e) Notwithstanding any provision of this chapter or other law to the
contrary, the governor may require a political subdivision to establish
and maintain a disaster agency jointly with one (1) or more contiguous
political subdivisions with the concurrence of the affected political
subdivisions if the governor finds that the establishment and
maintenance of an agency or participation in one (1) is necessary by
circumstances or conditions that make it unusually difficult to provide:
(1) disaster prevention;
(2) preparedness;
(3) response; or
(4) recovery services;
under this chapter.
(f) A political subdivision that does not have a disaster agency and
has not made arrangements to secure or participate in the services of an
agency shall have an emergency management director designated to
facilitate the cooperation and protection of that political subdivision in
the work of:
(1) disaster prevention;
(2) preparedness;
(3) response; and
(4) recovery.
(g) The county emergency management and disaster director and
personnel of the department may be provided with appropriate:
(1) office space;
(2) furniture;
(3) vehicles;
(4) communications;
(5) equipment;
(6) supplies;
(7) stationery; and
(8) printing;
in the same manner as provided for personnel of other county agencies.
(h) Each local or interjurisdictional agency shall:
(1) prepare; and
(2) keep current;
a local or interjurisdictional disaster emergency plan for its area.
(i) The local or interjurisdictional disaster agency shall prepare and
distribute to all appropriate officials a clear and complete written
statement of:
(1) the emergency responsibilities of all local agencies and
officials; and
(2) the disaster chain of command.
(j) Each political subdivision may:
(1) appropriate and expend funds, make contracts, obtain and
distribute equipment, materials, and supplies for emergency
management and disaster purposes, provide for the health and
safety of persons and property, including emergency assistance to
the victims of a disaster resulting from enemy attack, provide for
a comprehensive insurance program for its emergency
management volunteers, and direct and coordinate the
development of an emergency management program and
emergency operations plan in accordance with the policies and
plans set by the federal emergency management agency and the
department of homeland security established by IC 10-19-2-1;
(2) appoint, employ, remove, or provide, with or without
compensation:
(A) rescue teams;
(B) auxiliary fire and police personnel; and
(C) other emergency management and disaster workers;
(3) establish:
(A) a primary; and
(B) one (1) or more secondary;
control centers to serve as command posts during an emergency;
(4) subject to the order of the governor or the chief executive of
the political subdivision, assign and make available for duty the
employees, property, or equipment of the political subdivision
relating to:
(A) firefighting;
(B) engineering;
(C) rescue;
(D) health, medical, and related services;
(E) police;
(F) transportation;
(G) construction; and
(H) similar items or services;
for emergency management and disaster purposes within or
outside the physical limits of the political subdivision; and
(5) in the event of a national security emergency or disaster
emergency as provided in section 12 of this chapter, waive
procedures and formalities otherwise required by law pertaining
to:
(A) the performance of public work;
(B) the entering into of contracts;
(C) the incurring of obligations;
(D) the employment of permanent and temporary workers;
(E) the use of volunteer workers;
(F) the rental of equipment;
(G) the purchase and distribution of supplies, materials, and
facilities; and
(H) the appropriation and expenditure of public funds.
[Pre-2003 Recodification Citation: 10-4-1-10.]

Legislative History

As added by P.L.2-2003, SEC.5. Amended by P.L.115-2003, SEC.12; P.L.1-2006, SEC.176; P.L.1-2009, SEC.91.