G-552 - 02/28/1995 - VILLAGE CODE - Ordinances ORDINANCE 95-ESDA-G-552
AN ORDINANCE AMENDING CHAPTER 2,
ARTICLE VI, EMERGENCY SERVICES AND DISASTER AGENCY, AND
ARTICLE VII, CONTINUITY OF GOVERNMENT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That Article VI of the Code of Ordinances of the Village of
Oak Brook be and is hereby amended to read as follows:
ARTICLE VI. OFFICE OF EMERGENCY MANAGEMENT (OEM)
Section 2-192. SHORT TITLE: This Chapter shall be known and may be
cited and referred to as the Emergency Management Code of the Village of Oak
Brook, Illinois.
Section 2-193. POLICY AND PROCEDURES:
1. Because of the possibility of the occurrence of disasters of
unprecedented size and destructiveness resulting from the explosion in this or
in a neighboring municipality of atomic (devices) or other means, or by
foreign invasion, or by civil disturbance, or by means of sabotage or other
disloyal actions within, or from fire, flood, earthquake, tornado, or other
natural or technological causes, and in order to provide a means by which the
Village may effectively respond, preserving the lives and property of its
citizens and protecting the public peace, health and safety in the event of
such a disaster, it is found and declared necessary to:
1.1 Create an Oak Brook Office of Emergency Management (OEM) ;
1.2 Confer upon the Village President the extraordinary powers
provided herein.
1.3 Insure that each Village department plan prior to an emergency in
order to; a) minimize the effects of the disaster; b) enable
timely and efficient response during the disaster and post-
disaster periods and; c) identify and mitigate future potential
hazards.
1.4 Offer to and receive mutual aid from other political subdivisions
and public entities with respect to the carrying out of an
emergency management program.
2. It is further declared to be the purpose of this Chapter and the
policy of the Village that emergency management shall be based upon a
comprehensive document that shall designate emergency management organization,
responsibilities, procedures and personnel - including agents, employees, and
officials of the Village, and those of other public and private entities who
have emergency management responsibilities and capabilities.
Section 2-194. LIMITATIONS: Nothing in this Section shall be construed
to:
Ordinance 95-ESDA-G 552
• Amending Chapter 2,
Articles VI and VII,
Page 2
1. Interfere with the course or conduct of a labor dispute, except that
actions otherwise authorized by this Section or other laws may be taken when
necessary to mitigate imminent or existing danger to public health or safety.
2. Interfere with dissemination of news or comment of public affairs;
but any communications facility or organization (including but not limited to
radio and television stations, wire services and newspapers) may be requested
to transmit or print public service messages furnishing information or
instructions in connection with a disaster;
3. Affect the jurisdiction or responsibilities of police forces, fire
fighting forces, units of the armed forces of the United States, or of any
personnel thereof, when on active duty; but State, local and inter-
jurisdictional emergency operation plans shall place reliance upon forces
available for performance of functions related to emergency management;
4. Limit, modify or abridge the authority of the Village President and
the Board of Trustees to exercise any other powers vested in them under the
constitution, Statutes, or common law of this State, independent of or in
conjunction with any provisions of this Section or prohibit any contract or
association pursuant to Article VII. Section 10 of the Illinois Constitution.
Section 2-195. DEFINITIONS: As used in this Section, unless the
context clearly indicates otherwise, the following words and terms shall have
the meanings ascribed.
COORDINATOR The Coordinator of the Oak Brook OEM, appointed as
provided by this Article, who has the duty to
coordinate the emergency management program of the
Village.
DISASTER An occurrence or threat of widespread or severe
damage, injury or loss of life or property from any
natural or technological cause, including, but not
limited to, fire, flood, earthquake, tornado, wind,
storm, hazardous materials spill or other water
contamination requiring emergency action to avert
danger or damage, epidemic, blight, air
contamination, extended periods of severe and
inclement weather, drought, infestation, critical
shortages of essential fuels and energy, riot,
explosion, or hostile military or paramilitary
action.
DISASTER TRAINING A planned event designed specifically to simulate
EXERCISE an actual disaster which will provide emergency
operations training for emergency response
personnel. Actual response by EMA volunteers to
local emergency situations not qualifying as
disasters, as defined in this Section, is
considered a disaster training exercise, provided,
however, that performance of the usual and
customary functions of a political subdivision
(e.g. , police, fire or emergency medical services)
is not included within this definition of a
disaster training exercise.
i
Ordinance 95-ESDA-G-552
Amending Chapter 2,
Articles VI and VII,
Page 3
EMERGENCY MANAGEMENT The efforts of the Village of Oak Brook to develop,
plan, analyze, conduct, provide and maintain
programs for disaster mitigation, preparedness,
response and recovery.
EMERGENCY OPERATING PLAN The written plan of the Village of Oak Brook
describing the organization, mission, and functions
of the government and supporting services for
responding to and recovering from disasters.
EMERGENCY SERVICES The coordination of such functions by the Village
of Oak Brook, other than functions for which
military forces are primarily responsible, as may
be necessary or proper to prevent, minimize, repair
and alleviate injury and damage resulting from any
natural or technological causes. These functions
include, but are not limited to, fire-fighting
services, police services, medical and health
services, rescue, engineering, warning services,
communications, radiological, chemical and other
special weapons defense, evacuation of persons from
stricken or threatened areas, emergency-assigned
functions of plant protection, temporary
restoration of public utility services and other
functions related to civilian protection, together
with all other activities necessary or incidental
to protecting life and property.
MOBILE SUPPORT TEAM The utilization of personnel to be dispatched by
the Governor, or, if he so authorizes, by the
Director of the Illinois Emergency Management
Agency to supplement the State and political
subdivisions for emergency management programs in
response to a disaster.
OAK BROOK OFFICE OF The agency established by this Act within the
EMERGENCY MANAGEMENT Village Municipal government responsible for
(OEM) implementation of the overall emergency management
program of the Village and with private
organizations, other local political subdivisions,
special taxing districts, the State and Federal
governments under the direction and control of the
Village President and administration and operation
of the Emergency Management Coordinator as
appointed.
POLITICAL SUBDIVISION Any county, city, village or incorporated town, or
township if the township is in a county having a
population of more than 2,000,000.
PRINCIPAL EXECUTIVE The Village President or, in his/her absence or
OFFICER disability, the interim successor pursuant to
Article VII of this Code and Resolution
95-ESD-R-641, and as hereinafter amended.
Ordinance 95-ESDA-G- 552
Amending Chapter 2,
Articles VI and VII,
Page 4
VOLUNTEER Any sworn individual or recognized and approved
group, corporation, agency or other entity
contributing service, equipment or facilities to
the Oak Brook Emergency Management Agency without
remuneration.
Section 2-196. APPOINTMENTS AND ORGANIZATION:
1. The Village President is hereby authorized and directed to create an
Oak Brook OEM, utilizing to the fullest extent the existing agencies within
the Village. The Village Manager, by virtue of his/her office, shall be
appointed Emergency Management Coordinator of the Village by the Village
President and be responsible for emergency management organization,
administration and operations under the control and direction of the Village
President, and shall possess or acquire at least the minimum training
requirements as established by the accrediting agency of the Village Emergency
Management Program. The Village President shall also designate three
emergency interim successors to the Emergency Management Coordinator as
provided for in Article VII of the Village of Oak Brook Code of Ordinances.
2. The Emergency Management Coordinator shall appoint an Assistant
Emergency Management Coordinator, whose duty it shall be to implement and
conduct the administration and operation of the Village OEM, under control and
direction of the Coordinator. The Assistant Coordinator shall possess at
least the minimum training requirements as established by the accrediting
agency of the Village OEM, and shall work to enhance and improve his/her
emergency management knowledge and skills through educational opportunities
offered or approved by recognized emergency management agencies.
3. The organization shall further consist of the following:
3.1 In addition to the Village President, Coordinator, and
Assistant Coordinator, the emergency management staff shall
include the Assistant to the Village Manager, Fire Chief,
Police Chief, Public Works Superintendent, Village Engineer,
Village Clerk, and Finance Officer, or their respective
designees. Such assistants and other employees as are
deemed necessary for the proper function of the OEM shall be
considered part of the emergency management staff during the
time they are so designated by the Coordinator.
3.2 The employees, equipment and facilities of all Village
departments, boards, institutions and commissions, shall
participate in the emergency services activity. Duties
assigned to a Village department shall be the same or
similar to the normal duties of the department.
3.3 Sworn volunteers or volunteers of other designated agencies
whose service has been accepted by the Village may perform
functions which include, but are not limited to, clerical
assistance, temporary shelter operations, transportation,
participation in traffic and crowd control, communications,
first aid, severe weather tracking and spotting, search
parties, public relations/education activities, training,
training exercises with emergency and non-emergency
assistance to other agencies and jurisdictions outside
Village limits, and such emergency management agency
Ordinance 95-ESDA-G-552
Amending Chapter 2,
Articles VI and VII,
Page 5
functions as shall be prescribed in and by the State
Emergency Management Agency plan and program prepared by the
Governor, and such others, rules and regulations as may be
promulgated 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, special taxing district
or quasi-municipality entered into when deemed to be in the
best interest of the Village, or as provided by the Illinois
Emergency Management Agency Act of 1992 Supp., 20 ILLS
3305/1 et seq., as now and hereinafter as amended.
3.4 Any person designated by the Oak Brook OEM may also be
designated as a member of a mobile support team created by
. the State Coordinator of the State Emergency Management
Agency as provided by law. Any Village emplcyee serving as
a member of a mobile support team shall receive compensatic-
and have the powers, duties, rights and immunities incident
to such employment while serving in such capacity. Any
member of a mobile support team who is not a Village
employee, while serving, shall receive from the State such
compensation as provided by law.
Section 2-197. DUTIES OF THE OAR BROOK OFFICE OF EMERGENCY MANAGEMENT:
1. The Oak Brook OEM shall be the lead agency in the development,
maintenance and revision of Village Emergency Operating plan.
2. In the development of the Village Emergency Operating Plan , the OEM
shall interrelate with business, labor, industry, special taxing districts,
other governmental agencies, civic and volunteer organizations and community
leaders.
3. The Oak Brook OEM shall:
3.1 Provide general direction and control in the response to a
disaster as it exists within the Village;
3.2 Determine requirements of the Village for focd, clothing,
shelter, and+other necessities in the event of an emergency;
3.3 Annually review the Village Emergency Operating Plan and
recommend to the Village President revisions pursuant to
County, State and Federal rules and guidelines;
3.4 Satisfy the requirements of, and submit the required
documents for accreditation of the OEM of the Village on a
regular and continual basis, to the appropriate agency as
currently directed by the Illinois Emergency Management
Agency;
3.5 Prepare and distribute to all appropriate officials, a
complete copy of the Village Emergency Operating Plan which
contains a clear and complete statement of the emergency
responsibilities of all local departments and officials and
of the disaster chain of command;
Ordinance 95-ESDA-G- 552
Amending Chapter 2,
Articles VI and VII,
Page 6
3.6 Establish and maintain a register of government and private
response resources available for use in a disaster;
3.7 Make available an earthquake awareness program, a tornado
awareness program, and other hazard specific programs, and
be able to provide earthquake, tornado, and other specific
and general hazard preparedness literature to individuals,
schools, community groups, newspapers and local radio and TV
and civic organizations;
3.8 Disseminate warnings, advisories, and other related
emergency information regarding any threats to any part of
the Village, based on information from recognized agencies
and local authorities, and in accordance with the provisions
of the Village Emergency Operating Plan;
3.9 Prepare for issuance by the Village President, declarations,
proclamations and regulations as may be necessary or
appropriate in coping with disasters;
3.10 Cooperate with the Federal, State and County governments and
any public or private agency or entity in achieving any
purpose of this Chapter and in promoting and implementing
programs for disaster prevention, preparation, response and
recovery;
3.11 Establish and maintain an Emergency Operating Center (EOC) ,
designate an alternate EOC, and designate other appropriate
space for an emergency management office within an
appropriate Village structure;
3.12 Provide, maintain, and supplement a warning system which is
capable of reaching to all occupancies of the Village;
3.13 Coordinate the recruitment of volunteer personnel and
agencies to augment personnel and facilities of the Village
for emergency service purposes;
3.14 Do all other things necessary, incidental or appropriate for
the implementation of this Article;
Section 2-198. EMERGENCY MANAGEMENT POWERS OF THE VILLAGE PRESIDENT AND
CERTAIN POWERS OF THE VILLAGE MANAGER.
1. The Village President shall have the general direction and control
of the Oak Brook OEM and shall be responsible for the carrying out of the
provisions of this Section.
2. The Village President shall annually notify the Illinois Emergency
Management Agency of the manner in which the Village is carrying out its
emergency management responsibilities. This shall be done through the annual
accreditation process whereby the Village President shall submit a copy of the
Village Emergency Operating Plan with a letter, executed not more than 60 days
prior, stating approval of the Plan, signed by the Village President, to the
designated accrediting agency.
3. In performing his/her duties under this Section, the Village
Ordinance 95-ESDA-G 552
Amending Chapter 2,
Articles VI and VII,
Page 7
President is authorized to cooperate with State and Federal governments and
with other municipalities and political subdivisions in all matters pertaining
to emergency management operations defined in this Section.
4. In performing his/her duties under this Section, the Village
President is further authorized:
4.1 To make, amend and rescind all lawful necessary orders,
rules and regulations to carry out the provisions of this
Section within the limits of the authority conferred upon
him/her.
4.2 To cause to be prepared a comprehensive Emergency Operating
Plan for the Village, which plan shall be integrated into
and coordinated with emergency management plans and programs
of the Federal and State governments and other political
subdivisions whenever possible and which plan may include:
4.2.1 Mitigation of injury and damage caused by disaster;
4.2.2 Prompt and effective response to disaster;
4.2.3 Emergency relief;
4.2.4 Identification of areas particularly vulnerable to
disasters;
4.2.5 Recommendations for zoning, building and other land-
use controls, safety measures for securing permanent
structures and other mitigation measures designed to
eliminate or reduce disasters or their impact;
4.2.6 Assistant to local officials in designing local
emergency action plans;
4.2.7 Authorization and procedures for the erection or
other construction of temporary works designed to
mitigate danger, damage or loss from flood, or other
disaster;
4.2.8 Preparation and distribution to the appropriate
Municipal officials of a Municipal catalog of
Federal, State and private assistance programs;
4.2.9 Organization of Municipal manpower and chains of
command;
4.2.10 Coordination of Federal, State and local emergency
management activities;
4.2.11 Other necessary matters.
4.3 In accordance with the EOP and out of funds appropriated for
such purposes, to requisition and procure supplies,
medicines, materials and equipment to institute training
programs and public information programs, and to take all
other preparatory steps including the partial or full
Ordinance 95-ESDA-G 552
Amending Chapter 2,
Articles VI and VII,
Page 8
mobilization of emergency management agencies in advance of
actual disaster to insure the furnishing of adequately
trained and equipped forces for disaster response and
recovery.
4.4 Out of funds appropriated for such purposes, to make such
studies and surveys of the industries, resources and
facilities in this Village as may be necessary to ascertain
the capabilities of the Village for emergency management
phases of mitigation, preparedness, response and recovery
and to plan for the most efficient emergency use thereof.
4.5 Upon information and recommendation of the Village emergency
management staff, to declare a state of disaster, and
execute the reQUired disaster declaration document at such
time is reasonably possible, in accordance with the
provisions of Section 2-202 of this Code.
4.6 To exercise the emergency power and authority necessary to
fulfill his/her general powers and duties as defined by law.
The judgment of the Village President shall be the sole
criteria necessary to invoke emergency powers provided by
this Chapter. The Board of Trustees may convene to perform
its legislative and administrative powers as the situation
demands, and shall receive reports relative to the emergency
service activities. Nothing in this Article shall be
construed as bridging or curtailing the powers or
restrictions of the Village President and/or Board of
Trustees as defined by law.
5. The Board of Trustees may, on recommendation of the Village
Manager, authorize any purchase or contracts necessary to place the Village in
a position to combat effectively any disaster, 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 any disaster, the
Village Manager is authorized, on behalf of the Village, to procure such
services, supplies, equipment or materials, as may be necessary for such
purposes in view of exigency, without formalities normally prescribed by law.
If the Board of Trustees meets at the time of such disaster, the Village
Manager shall act subject to the directions and restrictions imposed by the
Village Board.
Section 2-199. FINANCING:
1. Funds to prepare for and meet disaster shall be made available out
of the Village's General Corporate Fund.
2. It is the Board's intent that the first recourse shall be to funds
regularly allocated to the OEM or as otherwise specifically designated. If
the Village President finds that demands placed upon these funds in coping
with a particular disaster are unreasonably great, he/she may make application
for funds from the State Disaster Relief Fund. If monies available from the
fund are insufficient, and if the Village President finds that other sources
of money to cope with the disaster are not available or are insufficient,
he/she shall issue a call for an immediate session of the Board of Trustees
for the purpose of enacting ordinances as the Board of Trustees may deem
necessary to transfer and expend monies appropriated for other purposes, or
Ordinance 95-ESDA-S-:=-
Amending Chapter 2,
Articles VI and V__,
Page 9
borrow monies from the United States government or other public or privy==-
sources. If less than a quorum of the members of the Board of Trustees is
capable of convening in session to enact such ordinances for the transfer,
expenditure or load of such monies, the Village President is authorized
carry out these decisions until such time as a quorum of the Board of
can convene.
3. Nothing contained in this Section shall be construed to limit Z__e
Village President's authority to apply for, administer and expend grants,
gifts or payments in aid of disaster mitigation, preparedness, response
recovery.
4. The Board of Trustees may make appropriations for emergency
management operations in the manner provided by law for making appropri==_=__
for the ordinary expenses of the Village.
Section 2-200. EMERGENCY MANAGEMENT AGENCY PERSONNEL INJURY OR D=?_-
COMPENSATION:
1. Oak Brook OEM personnel who, while engaged in a disaster or ciss.=r
training exercise, suffer disease, injury or death shall, for the purpose:
benefits under the Worker's Compensation Act or Worker's Occupational D'__=a=es
Act only, be deemed to be employees of the State, if 1) the claimant is c__-_:
qualified and enrolled (sworn in) as a volunteer of the Illinois Emergency
Management Agency or an emergency management agency accredited by the III_CIS
Emergency Management Agency, and 2) if the claimant was participating in _n
actual disaster as defined in Section 2-195, of this Chapter or the exert_=_=
participated in was specifically and expressly approved by the Illinois
Emergency Management Agency. The Illinois Emergency Management Agency s:.=-__
use the same criteria for approving an exercise and utilizing State volun--e_rS
as required for any political subdivision. The computation of benefits
payable under either of these Acts shall be based on the income commensur__e
with comparable State employees doing the same work or income from the
person's regular employment, whichever is greater.
2. If any person who is entitled to receive benefits through the
application of this Section receives in connection with the disease, inj-=: o_
death giving rise to such entitlement, benefits under an act of Congress c=
Federal program, benefits payable under this Section shall be reduced to
extent of the benefits received under that other Act or program.
Section 2-201. TRAINING EXERCISE NOTIFICATION PROCEDURES:
1. Prior to conducting a disaster training exercise, the Village
President and the Coordinator shall provide the area media with written
notification of the disaster training exercise. Such notification shall
indicate that information relating to the disaster training exercise sha_? not
be released to the public until the commencement of the exercise. The
notification shall also contain a request that the notice be so posted t^_a=
all relevant media personnel are advised of the disaster training exercise
before it begins.
2. During the conduct of such disaster training exercise, all mess=:-_s,
two-way radio communications, briefings, status reports, news releases, a =
other oral or written communications shall begin and end with the follow--
statement: "This is an exercise message".
Ordinance 95-ESDA-G- 552
Amending Chapter 2,
Articles VI and VII,
Page 10
Section 2-202. LOCAL DISASTER DECLARATIONS:
1. A local disaster may be declared only by the Village President, or
his/her interim emergency successor; it shall not be continued or renewed for
a period in excess of seven (7) days except by or with the consent of the
Board of Trustees. Any order or proclamation declaring, continuing or
terminating a local disaster shall be given prompt and general publicity and
shall be filed promptly with the Village Clerk.
2. The effect of a declaration of a local disaster is to activate the
Emergency Operating Plan of the Village and to authorize the furnishing of aid
and assistance thereunder.
3. A local disaster emergency may not be declared by an official (Fire
Chief, Police Chief, etc. ) from another jurisdiction who is operating in the
Village of Oak Brook under a mutual aid agreement'.
4. During a local disaster emergency, the Village President may suspend
the provisions of any Village ordinance prescribing procedures for the conduct
of Village business, or the orders, rules and regulations of any Village
agency, if strict compliance with the provisions thereof would in any way
prevent, hinder or delay necessary action in coping with the emergency, as
authorized by the "Illinois Emergency Management Agency Act of 199211, provided
that after the Board of Trustees meets at such time, the Village President
shall act subject to the directions and restrictions imposed by the Board of
Trustees.
5. Whenever the Village President determines, after an investigation,
that a dangerous situation or potentially dangerous situation exists which
could cause death to individuals or serious injury to property or the health
and welfare of the public, the Village President may declare that a state of
emergency exists. The extraordinary powers may not be exercised until a state
of emergency exists and shall provide that the Village President may not
exercise such extraordinary power and authority except after signing under
oath a statement finding that such standards have been met, setting forth
facts to substantiate such findings, describing the nature of the emergency
and declaring that a state of emergency exists. This statement shall be filed
with the Village Clerk as soon as practical. A state of emergency shall
expire not later than the adjournment of the first regular meeting of the
corporate authorities after the state of emergency is declared. A subsequent
state of emergency may be declared if necessary.
Section 2-203. TESTING OF DISASTER WARNING DEVICES.
1. The testing of outdoor warning sirens shall be held only on the
first Tuesday of each month at ten thirty (10:30) in the morning or during
disaster training exercises that are specifically and expressly approved in
advance by the Illinois Emergency Management Agency.
2. The testing of the Oak Brook Community Early Warning System (CEWS)
and any other Village based warning systems shall be conducted the first
Tuesday of each month at ten thirty (10:30) in the morning, or as otherwise
needed to assure proper operation of the system.
Section 2-204. MUTUAL AID AGREEMENTS BETWEEN POLITICAL SUBDIVISIONS:
The Coordinator of the OEM may, in collaboration with other political
Ordinance 95-ESDA-G-352
Amending Chapter 2,
Articles VI and VII,
Page 11
subdivisions, public agencies and special taxing districts within its
immediate vicinity (bounding the Village of Oak Brook and/or within a
reasonable travel distance) develop or cause to be developed mutual aid
agreements with other political subdivisions, public agencies and special
taxing districts within this State for reciprocal disaster response and
recovery assistance in case a disaster is too great to be dealt with
unassisted. Such mutual aid shall not, however, be effective unless and until
approved by each of such political subdivisions, public agencies or special
taxing districts. Such arrangements shall be consistent with the State and
local emergency operations plan and State and local emergency management
program, and in the event of such a disaster it shall be the duty of each
emergency management agency to render assistance in accordance with the
provisions of such mutual aid agreements.
Section 2-205. COMMUNICATIONS:
The Oak Brook OEM shall ascertain what means exist for rapid and
efficient communications in times of disaster. The agency shall consider the
desirability of supplementing these communications resources or of integrating
them into a comprehensive system or network. In studying the character and
feasibility of any system or its several parts, the agency shall evaluate the
possibility of multi-purpose use thereof for general and local government
purposes.
Section 2-206. IMMUNITY:
Neither the Village of Oak Brook, nor, except in cases of willful
misconduct, the Village President, the Village Manager, or the officers,
employees, volunteers, or representatives engaged in any emergency management
response or recovery activities, while complying with or attempting to comply
with this Article or any rule or regulations promulgated pursuant to this
Article is liable for the death of or any injury to persons, or damage to
property, as a result of such activity. This Section does not, however,
affect the right of any person to receive benefits to which he would otherwise
be entitled under this Article under the Worker's Compensation Act or the
Worker's Occupational Disease Act, or under any pension law, and this Section
does not affect the right of any such person to receive any benefits or
compensation under any act of Congress.
Section 2-207. PROFESSIONS, TRADES AND OCCUPATIONS:
If such disaster as is described in Section 2-195 of this Article occurs
in Oak Brook and the services of persons who are competent to practice any
profession, trade or occupation are required to cope with the disaster and it
appears that the number of persons licensed or registered in Oak Brook to
practice such profession, trade or occupation may be insufficient for such
purpose, then any persons who are licensed elsewhere to practice such
profession, trade or occupation may, if a member of another political
subdivision rendering aid in Oak Brook pursuant to agreement with that
political subdivision and upon the request of the Village of oak Brook, or if
otherwise requested to do so by the Village President or the Board of
Trustees, during the time the disaster continues, practice such profession,
trade or occupation in Oak Brook without being licensed or registered in the
Village of Oak Brook.
Section 2-208. AUTHORITY TO ACCEPT SERVICES, GIFTS, GRANTS OR LOANS:
Ordinance 95-ESDA-G 552
Amending Chapter 2,
Articles VI and VII,
Page 12
Whenever the Federal government or any agency thereof or whenever any
person, firm or corporation shall offer to the Village services, equipment,
supplies, materials, or funds by way of gift or grant for purposes of
emergency management, the Village, acting through the Village President or
through the Board of Trustees, may authorize an agent of the Village to
receive such services, equipment, materials or funds on behalf of the Village.
Section 2-209. ORDERS, RULES AND REGULATIONS:
1. The Village President shall file a copy of every rule, regulation or
order and any amendment thereof made pursuant to the provisions of this
Article in the office of the Village Clerk. Upon the declaration of a
disaster by the Village President as is described in subsection 2-202 of this
Code, the provision relating to the effective date of any rule, regulation,
order or amendment issued pursuant to this Article and during the state of
disaster is abrogated, and such rules, regulation, order or amendment shall
become effective immediately upon being filed with the Village Clerk.
2. The Oak Brook OEM established pursuant to this Article, and the
Coordinator thereof, shall execute and enforce such orders, rules and
regulations as may be made by the Governor of the State of Illinois under the
authority of the Illinois Emergency Management Agency Act of 1992 to maintain
the accreditation with the agency so designated by the Illinois Emergency
Management Agency.
3. The Oak Brook OEM shall have available for inspection at its office
and at the Village Clerk's office all orders, rules and regulations made by
the Governor or under the Governor's authority and furnished to the Village of
Oak Brook by the Illinois Emergency Management Agency.
Section 2-210: UTILIZATION OF EXISTING AGENCY, FACILITIES AND
PERSONNEL:
In carrying out the provisions of this Article, the Village President
and the Coordinator of the Oak Brook OEM are directed to utilize to the
fullest all personnel, equipment, supplies and facilities of the Village of
Oak Brook in their preparations for disaster mitigation. All officers and
personnel of the various Village divisions and departments are directed, as
practicable, to assist with this mitigation process.
Section 2-211: SEVERABILITY:
If any of this Article or the applications thereof to any person or
circumstance be held invalid, such invalidity shall not affect such other
provisions or applications of this Article which can be given effect without
the invalid provisions or application, and to this end the provisions of this
Article are hereby declared to be severable.
Section 2-212: EMERGENCY MANAGEMENT AGENCY PERSONNEL OATH:
Each person, whether compensated or non-compensated, who is appointed to
serve in any capacity in the Oak Brook OEM shall, before entering upon his/her
duties, take an oath, in writing, before a registered notary public in this
Village, which oath shall be filed with the Coordinator of the Oak Brook OEM
and which oath shall be substantially as follows:
I, do solemnly swear (or affirm) that I will
Ordinance 95-ESDA-G- 552
Amending Chapter 2,
Articles VI and VII,
Page 13
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 affirm) 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 this State by force or violence; and that during such
time as I am affiliated with the Village of Oak Brook, 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 or this State by force or violence.
Section 2: That Article VII of the Code of Ordinances of the Village of
Oak Brook be and is hereby amended to read as follows:
ARTICLE VII. CONTINUITY OF GOVERNMENT
Section 2-216. Definitions.
For the purposes of this article, the following words shall have the
meanings indicated unless their context clearly requires otherwise:
DISASTER An occurrence or threat of widespread or severe
damage, injury or loss of life or property from any
natural or technological cause, including, but not
limited to, fire, flood, earthquake, tornado, wind,
storm, hazardous materials spill or other water
contamination requiring emergency action to avert
danger or damage, epidemic, blight, air
contamination, extended periods of severe and
inclement weather, drought, infestation, critical
shortages of essential fuels and energy, riot,
explosion, or hostile military or paramilitary
action.
EMERGENCY INTERIM A person designated pursuant to this article for
SUCCESSOR possible temporary succession to the powers and
duties, but not the office, of a Village officer in
the event that such officer or any duly authorized
deputy is unavailable to exercise the powers and
discharge the duties of the office.
UNAVAILABLE Shall mean either that a vacancy in office exists
and there is no deputy authorized to exercise all
of the powers and discharge the duties of the
office, or that the lawful incumbent of the office
(including any deputy exercising the powers and
discharging the duties of an office because of a
vacancy) and his/her duly authorized deputy are
absent or unable, for physical, mental or legal
reasons, to exercise the powers and discharge the
duties of the office.
Ordinance 95-ESDA-G 552
Amending Chapter 2,
Articles VI and VII,
Page 14
Section 2-217. Designation, status, qualifications and term of
emergency interim successors.
1. Elective Officers. Within thirty (30) days after first entering
upon the duties of his/her office, the Village President, Village Trustees and
the Village Clerk shall, designate such number of emergency interim successors
to his/her office and specify their rank in order of succession so that there
will be not less than three (3) nor more than seven (7) emergency interim
successors for the office.
2. Appointive Officers. Each member of the emergency management staff,
as provided in Section 2-196-3-3.1 of this Chapter shall designate such number
of emergency interim successors by name, title or function and specify their
rank in order of succession so that there will be not less than three (3) nor
more than seven (7) emergency interim successors for each member.
3. Review of Designations. Each elective and appointive officer
specified in Subsection 1. and Subsection 2. of this section, shall review
and, as necessary, promptly revise the designations of emergency interim
successors to insure that at all times there are at least three (3) such
qualified emergency interim successors for each position specified.
4. Qualifications. No person shall be designated to serve as an
emergency interim successor unless he may under the constitution and statutes
of this state, this Code or other ordinances of this Village, hold the office
of the person to whose powers and duties he is designated to succeed, but no
provision of any ordinance prohibiting an officer or employee of this Village
from holding another office shall be applicable to any emergency interim
successor.
5. Status of Emergency Interim Successor. A person designated as an
emergency interim successor holds that designation at the pleasure of the
designator.
Section 2-218. Assumption of powers and duties of officer by emergency
interim successor.
If, in the event of a disaster, any officer named in subsections 1. and
2. of Section 2-217 of this article is unavailable, his/her emergency interim
successor highest in rank in order of succession who is not unavailable s,hall,
except for the power and duty to appoint emergency interim successors,
exercise the powers and discharge the duties of such officer. An emergency
interim successor shall exercise these powers and discharge these duties only
until such time as the lawful incumbent officer or an emergency interim
successor higher in rank in order of succession exercises, or resumes the
exercise of, the powers and discharge of the duties of the office, or until,
where an actual vacancy exists, a successor is appointed to fill such vacancy
or is elected and qualified as provided by law.
Section 2-219. Recording and publication.
The name, address and rank in order of succession of each duly
authorized deputy shall be filed with the Clerk and each designation,
replacement, or change in order of succession of any emergency interim
successor shall become effective when the designator files with the clerk the
successor's name, address and rank in order of succession. The Clerk shall
keep on file all such data regarding duly authorized deputies and emergency
Ordinance 95-ESDA-G 552
Amending Chapter 2,
Articles VI and VII,
Page 15
interim successors and it shall be open to public inspection.
Section 2-220. Formalities of taking office.
At the time of their designation, emergency interim successors shall
take such oath and do such other things, if any, as may be required to qualify
them to exercise the powers and discharge the duties of the office to which
they may succeed.
Section 2-221. Quorum and vote requirements.
In the event of a disaster:
1. Quorum requirements for the board shall be suspended; and
2. Where the affirmative vote of a specified proportion of members
for approval of an ordinance, resolution or other action would
otherwise be required, the same proportion of those voting thereon
shall be sufficient.
Section 3: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 4: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
PASSED THIS 28th day of February , 1995.
Ayes: Trustees Calzaretta, Kenny, McInerney, Payovich and Shumate
Nays: None
Absent: Trustee Bartecki
Abstain: NnnP
APPROVED THIS 28th day of February , 1995.
<�*� , 42—e��� —
Village President
ATTEST:
lao Clerk
Approve as to Form:
Village Attorney
Ordinance 95-ESDA-G-552
Amending Chapter 2,
Articles VI and VII,
Page 16
Published 3-1-95 Pamphlet form
Date Paper
Not Published