2.44.010   Established—Composition.


There is created the department of emergency management for the city.


The department of emergency management shall consist of a director and such additional members as are selected by the director.

(Ord. 573 § 1, 1995: Ord. 34 § 1, 1961)

2.44.015   Definitions.

When used in this chapter, the following words shall have the following meanings. Words used in the plural shall include the singular, and words in the singular shall include the plural. Words used in the masculine gender shall include the feminine, and words used in the feminine gender shall include the masculine:

"City" means the City of Black Diamond, King County, Washington.

"Emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural or manmade, and to provide support for search and rescue operations for persons and property in distress. However, "emergency management" does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack.

"Emergency worker" means any person who is registered with the department of emergency management or the State Military Department and holds an identification card issued by the department of emergency management or the State Military Department for the purpose of engaging in authorized emergency management activities or who is an employee of the city who is called upon to perform emergency management activities.

"Emergency" or "disaster" means an event or set of circumstances which: (1) demands immediate action to preserve public health, protect lives, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or (2) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.

"Director" means the director of the city's department of emergency management.

(Ord. 573 § 2, 1995)

2.44.020   Director—Appointment— Responsibility.


The director of the department of emergency services shall be appointed by the mayor with the consent of the city council and shall serve until removed by the same.


The director shall have direct responsibility for the organization, administration, training and operation of the department of emergency services, subject to the direction and control of the mayor as provided by statute.


In the event of the absence, resignation, death or inability to serve of the director, the mayor or any person designated by him, shall be and act as director until a new appointment is made as provided in this chapter.


The director shall prepare and maintain a local emergency management plan and program in accordance with the state of Washington comprehensive emergency management plan and program. Before the local plan shall become effective, it shall be approved by the city council and certified for consistency with the state plan by the Adjutant General of the State Military Department, as directed in RCW 38.52.070(1).

(Ord. 573 § 3, 1995; Ord. 34 § 2, 1961)

2.44.030   Functions.

It shall be the duty of the department of emergency management to perform all local emergency management functions within the city and outside the city boundaries as may be required by RCW Chapter 38.52.

(Ord. 573 § 4, 1995: Ord. 34 § 3, 1961)

2.44.040   Service as mobile support team.


All or any member of the department of emergency services may be designated as members of a mobile support team created by the State Director of Emergency Services as provided by law.


The "leader" of the mobile support team shall be designated by the director of the department of emergency services.


Any member of a mobile support team who is a city employee or officer while serving on call to duty by the Governor, shall receive the compensation and have the powers, duties, rights and immunities incident to such employment or office and as are provided by RCW Chapter 38.52, and federal and state emergency management regulations for registered emergency workers.

(Ord. 573 § 5, 1995; Ord. 34 § 4, 1961)

2.44.050   Agreements with other municipalities.

The director may, in collaboration with other public and private agencies within the state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements shall be consistent with the state emergency management plan and program and shall, in addition, not be effective until approved by the city council.

(Ord. 573 § 6, 1995: Ord. 34 § 5, 1961)

2.44.060   Use of services and equipment of city and citizens.

In carrying out the provisions of this chapter:


The mayor is directed to utilize the city employees, services, equipment, supplies and facilities of existing departments, offices and agencies of the city, state and other municipal corporations, to the maximum extent possible;


The mayor and the director, in the event of a disaster, after proclamation by the Governor of the existence of such disaster, shall have the power to command the service and equipment of as many city employees and/or citizens as considered necessary in the light of the disaster proclaimed; provided, that all city employees and/or citizens so commandeered shall be entitled during the period of such service to all privileges, benefits and federal and state emergency management regulations for registered emergency workers.

(Ord. 644 § 1, 1998; Ord. 573 § 7, 1995)

2.44.070   Compensation.

Members of the department of emergency services who are paid employees or officers of the municipality, if called for training by the State Director of Emergency Services, shall receive for the time spent in such training, the same rate of pay as is attached to the position held; members who are not such municipal employees or officers shall receive for such training time such compensation as may be established by the city council.

(Ord. 34 § 7, 1961)

2.44.080   Reimbursement by state.

The city clerk-treasurer may receive and allocate to the appropriate fund any reimbursement by the state to the municipality for expenses incident to training members of the department of emergency services as prescribed by the state director, compensation for services and expenses of a mobile support team while serving outside the municipality in response to a call by the State Emergency Services Agency, and any other reimbursement made by the state incident to civil emergency activities as provided by law.

(Ord. 34 § 8, 1961)

2.44.090   Purchases and expenditures.


The city council shall have the power to make appropriations in the manner provided by law for making appropriations for the ordinary expenses of the city for the payment of expenses of the department of emergency management.


In carrying out the provisions of this chapter, when an emergency or disaster has occurred, the city shall have the power to enter into any contracts and incur any obligations necessary to place the municipality 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. To that end, the director is authorized to exercise the city's powers under this chapter in the light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations, requirements of competitive bidding and publication of notices, provisions pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds; provided, that the director shall, whenever applicable, advise and consult with the city council with respect to disaster response activities, and any such order of the director shall, at the earliest practicable time, be presented to the city council for review and appropriate legislation including:


Findings by resolution with respect to actions taken;


Authorization of payment for services, supplies, equipment loans and commandeered property used during disaster response activities;


Approval of gifts, grants or loans accepted by the director during the emergency;

and upon such review the city council may ratify and confirm, modify or reject any such order, and if rejected any such order shall be void.

(Ord. 573 § 8, 1995: Ord. 34 § 9, 1961)

2.44.110   Location of office.

The mayor is authorized to designate space in the City Hall, or elsewhere as may be provided for by the city council for the department of emergency services as its office.

(Ord. 34 § 11, 1961)

2.44.120   Continuity of government.

To avoid interruptions in the functioning of the city government, in the event that any officer or employee is killed or disabled at the time of any such disaster or emergency, such office or position may be filled by appointment by the mayor, or by the members of the city council who are available or by the city clerk-treasurer or the city attorney, in that order of preference. The successor so appointed may serve without furnishing bond or taking an oath of office, until such time as a successor may be appointed in the regular manner provided by law.

(Ord. 573 § 10, 1995: Ord. 34 § 12, 1961)