2000-13 Amending Title 2 Admin and Personnel - Emergency ServicesKODIAK ISLAND BOROUGH
ORDINANCE NO. 2000 -13
Introduced by:
Requested by:
Drafted by:
Introduced:
Public Hearing:
Adopted:
Manager Jensen
Emergency Services Council
Community Development
Director
09/07/2000
09/21 /2000
09/21 /2000
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING TITLE
2 ADMINISTRATION AND PERSONNEL CHAPTER 2.41 EMERGENCY SERVICES OF
THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TO REFLECT
NECESSARY CHANGES
WHEREAS, the Kodiak Island Borough and the City of Kodiak have recently completed
updating the regional Emergency Operations Plan (EOP), including annexes for the six
remote communities in the Borough; and
WHEREAS, the Borough and the City have adopted similar emergency services codes;
and
WHEREAS, revisions to the Borough and City emergency services chapters (chapters
2.41 and 2.32 respectively) would provide improvements by referencing the Incident
Command System (ICS) model, which is currently used but not reflected in the codes; and
WHEREAS, the Emergency Services Council recommended expanding representation to
include the commanding officer of the United States Coast Guard Air Station Kodiak
and the detachment commander of the Alaska State Troopers "C" detachment post in
Kodiak, thereby increasing the Council's membership from five to seven; and
WHEREAS, the Emergency Services Council recommended creating the Emergency
Services Coordinator position, which would act as the administrator of the Emergency
Services Council and the Local Emergency Planning Committee; and
WHEREAS, the Emergency Services Council met on August 8, 2000 and
recommended the Assembly of the Kodiak Island Borough and the Council of the City
of Kodiak adopt the proposed revisions to their respective emergency services code.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is of a general and permanent nature and shall become
a part of the Kodiak Island Borough Code of Ordinances.
Kodiak Island Borough Ordinance No. 2000 -13
Page 1 of 6
Section 2: Chapter 2.41 of the Kodiak Island Borough Code of Ordinances is amended
as follows:
Sections:
2.41.010
2.41.020
2.41.030
2.41.040
2.41.050
2.41.060
2.4"1.070
Kodiak Island Borough
CHAPTER 2.41
EMERGENCY SERVICES
Purposes.
Definitions.
Emergency services council.
Emergency services director
Emergency services coordinator Expenditures.
Expenditures Violations.
Violations.
2.41.010 Purposes. The declared purposes of this chapter are to provide for the
preparation and implementation of plans for emergency services for persons and property
within the city of Kodiak and the Kodiak Island Borough in the event of a disaster and to
provide an organization for the coordination of emergency services functions with all public
agencies, affected private persons, corporations, and organizations.
2.41.20 Definitions. For the purposes of this chapter, the following definitions shall apply:
A. Assembly. "Assembly" means that elected body of representatives known as the
Kodiak Island Borough Assembly.
B. Borough. "Borough" means the Kodiak Island Borough and its geographic area.
C. Borough mayor. "Borough mayor" or the person designated as acting mayor means
the person elected to the position of mayor of the Kodiak Island Borough.
D. Borough manager. "Borough manager" means the person appointed by the Kodiak
Island Borough assembly to the administrative position of borough manager.
E. City. "City" means the city of Kodiak and its geographic area.
F. City Council. "City Council" means that elected body of representatives known as the
city of Kodiak council.
G. City manager. "City manager" means the person appointed by the city of Kodiak city
council to the administrative position of city manager.
H. City mayor. "City mayor" or the person designated as acting mayor means the
person elected to the position of mayor of the city of Kodiak.
I. Council. "Council" means the emergency services council.
J. Director. "Director" means the emergency services director
who shall be the city of Kodiak city manager or the
designated successor to the emergency services director who shall serve as the chairperson
for the emergency services council and shall exercise the powers and responsibilities outlined
in section 2.41.040 of this chapter.
K. Disaster. "Disaster" means actual or threatened enemy attack, sabotage,
extraordinary fire, flood, storm, tsunami, earthquake, volcanic eruption, riot, or other similar
public calamity.
L. Emergency services. "Emergency services" means the preparation for and the
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Ordinance No. 2000 -13
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carrying out of all emergency functions, other than functions for which military forces are
responsible, to prevent, minimize, and repair injury and damage resulting from disasters.
M. Emergency services council "Emergency services council" means that group of
people : . empowered to develop
disaster emergency response policies and to exercise the authorities enumerated in section
2.41.030 of this chapter.
N. Emergency services organization. "Emergency services organization" means those all
officers and employees of the city and the borough, together with - officers and employees of
other local, state, and federal government agencies and volunteers from public and private
organizations who participate in emergency planning and preparedness exercises, meetings,
and activities in the Kodiak Island borough and the city of Kodiak. those volunteer forccs
0. Presiding officcr. "Presiding officcr" mcona thc osacmbly mcmbcr elected by the
assembly to thc position of presiding officcr. Emergency services coordinator. "Emergency
services coordinator" means the person who serves as chairperson of the emergency services
organization and the local emergency planning committee, exercises the powers and
responsibilities outlined in Section 241.050 of this chapter, and who shall be the city of
Kodiak Fire Chief.
P. Local emergency planning committee. "Local emergency planning committee" means
the group established in compliance with Title III of the Superfund Amendments and
Reauthorization Act of 1986 (the Emergency Planning and Community Right -to -Know Act)
that serves the functions outlined in the federal act and in section 2.41.060 of this chapter.
Q. Emergency operations plan. "Emergency operations plan" means the Kodiak
emergency operations plan, which is the regional emergency preparedness and response plan
adopted by the emergency services council to guide emergency preparedness, mitigation,
response, and recovery in the city of Kodiak and the Kodiak Island Borough.
R. Incident management team. "Incident management team" means the Kodiak
incident management team, which is that group of local government officers and employees,
emergency response personnel, state and federal agency representatives and all other persons
organized under an incident command system to achieve stated incident objectives utilizing
the incident command system management functions to respond to incidents in the city and
borough.
S. Incident command system (ICS) "Incident command system (ICS)" means a system
which_provides incident management through the combination of facilities, equipment,
personnel, procedures, and communications operating within a common organizational
structure to effectively accomplish stated objectives pertaining to an incident.
T. Incident. "Incident" means an occurrence or event, either human- caused or natural
phenomena, that requires action by emergency services personnel to prevent or minimize loss
of life or damage to property and /or natural resources.
2.41.030 Emergency services council.
A. Membership. The emergency services council is created and shall consist of the city
mayor and manager, the borough mayor and manager, -the commanding officer of the
United States Coast Guard : : : , Integrated Support
Command Kodiak, the commanding officer of the United States Coast Guard Air Station
Kodiak Island Borough Ordinance No. 2000 -13
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Kodiak, and the post supervisor of the Alaska State Troopers "C" detachment post in Kodiak,
or their designees.
B. Officers.
membership. The emergency services director shall serve as chairperson of the emergency
services council and the council shall select a vice -chair from its membership
C. Powers. The emergency services council shall have the following powers:
1. to proclaim the existence of tie a local disaster upon the recommendation of the
emergency services director;
2. to adopt mutual aid plans and agreements necessary for the provision of
coordinated disaster emergency services; end
3. to approve emergency service response plans including the Kodiak Emergency
Operations Plan and annexes, and any significant revisions thereto, and
4. to issue policy guidance to the incident commander and/or unified command during
an emergency response incident where the Kodiak incident management team is activated.
D. Duties. It shall be the duty of the council to review and recommend, for the
adoption by the city council and the assembly, ordinances and resolutions necessary for the
implementation of disaster emergency services plans and agreements.
E. Meetings. The council shall meet upon call of the chairman or, in his absence, upon the
call of the vice - chair.
F. Bylaws. The council shall adopt bylaws for the conduct of its meetings.
2.41.040 Emergency services director of cmcrgcncy s ervices.
A. There is created the office of the director of emergency services director. The
emergency services director of cmcrgcncy services shall be the City of Kodiak manager. The
director is empowered:
1. to request the emergency services council to proclaim the existence or threatened
existence of a disaster and the termination thereof, if the council is in session, can be readily
convened, or to issue such proclamation if the council is not in session, cannot be readily
convened, subject to confirmation by the council at the earliest practicable time;
2. to request the governor to proclaim a state of extreme emergency when, in the
opinion of the director, the resources of the area or region are inadequate to cope with the
disaster;
to serve as the designated chairperson of the
emergency services council with the full authority to convene the council at the director's
discretion and to represent the council in all dealings with public or private agencies pertaining
to emergency services and disaster planning and response;
4. to direct facilitate coordination and cooperation between divisions, services, and
staff of the _ : _ = Kodiak incident management team, and to
resolve questions of authority and responsibility that may arise between them;
5. to represent the emergency services council in all dealings with public
or private agencies pertaining to emergency services and disaster;
6. - - -- - - - - to serve as
Incident Commander or Local On- Scene. Coordinator in the Kodiak Incident Management Team
when the size, scale or severity of an incident is such that other qualified Incident. Commander
personnel are not available or appropriate to fill the IC /LOSC position.
7. to organize and maintain an operational disaster emergency services response
capability, including the scheduling of drills and exercises in accordance with local emergency
Kodiak Island Borough
Ordinance No. 2000 -13
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preparedness plans and policies; and
8. To serve as Incident Commander in the Kodiak Incident Management Team, or the
Local On -Scene Coordinator in the Unified Command, when the size, scale or severity of an
incident is such that other qualified. incident Commander personnel are not available or
appropriate to fill the lC /LOSC position.
B. In the event of the proclamation of a disaster as herein provided, or the proclamation of
a state of extreme emergency by the governor or the state director of emergency
preparedness, the director is empowered:
1. to make and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such disaster, provided, however, such rules and
regulations must be confirmed at the earliest practicable time by the emergency services
council;
2. to obtain vital supplies, equipment, and such other properties found lacking and
needed for the protection of the life and property of the people, and bind the city and borough
for the fair value thereof, and if required immediately, to commandeer such privately -owned
material as may be needed for public use;
3. to require emergency service of any city or borough officer or employee and, in the
event of the proclamation of a state of extreme emergency by the governor, to command the
aid of as many citizens as he thinks necessary in the execution of his duties. Such persons
shall be entitled to all privileges, benefits, and immunities as are provided by state law for
registered emergency services volunteers;
4. to requisition necessary personnel or material of any city or borough or agency; and
5. to execute all of his ordinary powers as dircctor of emergency services director, all
of the special powers conferred upon him by this chapter or by resolution adopted pursuant
thereto; all powers conferred upon him by any statute, agreement approved by the city
council or assembly, or by any other lawful authority;
city and borough; to exercise all police power vested in the city and borough by the
constitution and general laws.
C. In the event that the emergency services director is unavailable or unable to function in
the capacity described above, all powers and authorities described herein are transferred to
the emergency services coordinator.
2.41.050 Emergency services coordinator.
A. There is created the office of the emergency services coordinator. The emergency
services coordinator shall be the City of Kodiak Fire Chief and shall act as administrator of the
Emergency Services Organization and Local Emergency Planning Committee. The coordinator
has the following', responsibilities:
1. To organize and lead quarterly Emergency Services Organization /Local Emergency
Planning Committee meetings, to call for additional meetings as needed or directed by the
emergency services director, and to maintain all historical records associated with the
ESO /LEPC;
2. To ensure that all drills and exercises are performed as specified in the Kodiak
emergency, operations plan or as directed by the emergency services director;
3. To coordinate and oversee periodic emergency preparedness training for Kodiak
Incident Management Team personnel, including ICS training.
B. The coordinator is hereby empowered:
1. To control and direct the efforts of the emergency services organization for the
accomplishment of the purposes of emergency services and disaster preparedness
Kodiak Island Borough Ordinance No. 2000 -13
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2. To represent the Emergency Services Organization /Local Emergency Planning
Committee in all dealings •with public or private agencies pertaining to emergency services and
disaster.
3. To organize disaster emergency services response drills and exercises in
cooperation with the emergency services director and in accordance with the requirements
identified.in the Kodiak Emergency Operations Plan, and to maintain accurate records of all
such drills' and exercises.
4. To fill the position of Incident Commander with all requisite duties and
responsibilities, in the Kodiak incident management team, or to serve as deputy incident
commander when the director assumes the position of incident commander
C. The coordinator is the designated successor to the emergency services director and
shall assume all authorities, powers, and responsibilities granted to the director in section
2.41.040 if the director is unavailable or unable to fulfill these responsibilities during a disaster
emergency
2.41.060 Expenditures. ::. :: : Cities are responsible for
authorized emergency services expenses incurred within their jurisdiction and the Kodiak
Island Borough is responsible for authorized emergency services expenses incurred outside of
city jurisdiction, unless otherwise provided for by each governing body.
2.41.070 Violations. It is a misdemeanor for any person during a disaster to:
A. Willfully obstruct, hinder, or delay any member of the emergency services organization
in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the
performance of any duty imposed upon him by virtue of this chapter:
B. To do any act forbidden by any lawful rules or regulations issued pursuant to this
chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy,
or to imperil the lives or property of inhabitants of the city or borough, or to prevent, hinder,
or delay the defense or protection thereof; and
C. To wear, carry, or display without authority any means of identification specified by
the emergency services agency of the state.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS TWENTY -FIRST DAY OF SEPTEMBER, 2000
4, is
ith A. Nielsen, CMC, Borough Clerk
C
KODIAK ISLAND B , UGH
Gans L. Stevens, Borough Mayor
Kodiak Island Borough Ordinance No. 2000 -13
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