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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