§ 13.04. Powers and duties of the director.

(a)

Reciprocal arrangements. The director, with the consent of the mayor, shall develop proposed mutual aid agreements with other political subdivisions within or outside the state for reciprocal emergency aid and assistance in an emergency too great to be dealt with unassisted, and shall present such agreements to the mayor for action and referral to the city council. Such arrangements shall be consistent with applicable state statutes and the state emergency management plan, and during an emergency it shall be the duty of the department and emergency forces to render assistance in accordance with the provisions of such mutual aid arrangements. Any mutual aid arrangement with a political subdivision of another state shall be subject to the approval of the governor.

(b)

Risk and capabilities assessment, etc. The director shall make, for the mayor, such studies and surveys of the threats, risks, personnel, industries, resources, facilities and capabilities of the emergency forces of the city as the mayor deems necessary to determine their capability, readiness, and adequacy for emergency management and to plan for their most efficient use in time of an emergency, and to seek out training and education; fiscal, physical and human resources; and partnerships that will reduce or eliminate readiness and capability deficiencies.

(c)

Comprehensive plan. The director shall prepare a comprehensive general plan for emergency management activities with the city that addresses all phases of emergency and disaster management, including, but not limited to: protection of critical infrastructure and key resources; hazard identification, assessment and mitigation; preparation, including disaster response training and exercising; emergency operations and disaster response actions; disaster recovery; and continuity of operations and essential services The director shall present such plan to the mayor for approval and referral to the city council for approval. When the mayor and council by resolution have approved the plan, it shall be the duty of all municipal agencies and all emergency forces of the city to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from time to time. The director shall coordinate the emergency management activities of the city, to the end that they shall be consistent and fully integrated with the emergency management plans of other political subdivisions within the state, and compliant with state and national directives regarding emergency and disaster management planning.

(d)

Training and information programs. In accordance with the state and city emergency management plans, the mayor, through the director, shall institute such training programs and public information programs and shall take all other preparatory steps, including the partial or full mobilization of emergency management forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the city emergency management plan in time of an emergency. He or she may, from time to time, conduct such practice alerts, drills, tests, or other emergency management exercises as he or she may deem necessary.

(e)

Utilize existing facilities. The director shall utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the city to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the local emergency management agency and to the governor upon request. The head of each department and agency, in cooperation with and under the direction of the mayor, through the director, shall be responsible for the planning and programming of such emergency management activities as will involve the utilization of the facilities of his or her department or agency.

(f)

Recruit volunteers. The mayor, through the director, shall, in cooperation with existing city departments and agencies affected, organize, recruit and train auxiliary police, auxiliary firefighter, emergency medical personnel and any other personnel that may be required on a volunteer basis to carry out the emergency management plans of the city and state. To the extent that such emergency personnel are recruited to augment a regular city department or agency for emergencies or disasters, they shall be assigned to such department or agency for purposes of administration and command. The director may dismiss any emergency management volunteer at any time and require the surrender of any equipment and identification furnished by the city.

(g)

Emergency facilities. Consistent with the emergency management plan, the mayor, through the director, shall provide and equip emergency hospitals, casualty stations, ambulances, canteens, evacuation centers, and other facilities or conveyances for the care of injured or homeless persons.

(h)

Governor's orders etc. The director shall carry out all orders, rules and regulations issued by the governor with reference to emergency management.

(i)

Coordinate operations. The director shall assist the mayor in the direction and coordination of the general operations of all local emergency forces during a declared local emergency in conformity with controlling regulations and instructions of the mayor, the city emergency declaration and resolutions, the comprehensive emergency management plan, and the state emergency management authorities. The heads of departments and agencies shall be governed by the mayor's orders with respect thereto.

(j)

Emergency operations center. Consistent with the emergency management plan, the director shall provide and equip, at some suitable place in the city, a control center (the "emergency operations center") and, if required by the state emergency management plan, an auxiliary emergency operations center to be used during an emergency as headquarters for direction and coordination of emergency forces. He or she shall arrange for representation at the center by municipal departments and agencies, public utilities and other agencies or organizations authorized by federal or state authority to carry on emergency management activities during a declared local emergency. He or she must allow representation at the center by the city council for up to three members, as designated by the council president, during a declared local emergency. He or she shall arrange for the installation at the center of necessary facilities for communication with and between heads of emergency management divisions, the stations and operating units of municipal services and other agencies concerned with emergency management and for communication with other communities and emergency operations centers or multi-agency coordination centers within the surrounding area and with the federal and state agencies concerned.

(k)

Emergency powers. During the first thirty (30) days of a national security or peacetime emergency declared pursuant to Minn. Stat. § 12.31, if the legislature is in session or the governor has coupled his or her declaration of an emergency with a call for a special session of the legislature, the director may, when necessary to save life or property, require any person, except members of the federal or state military forces and officers of the state or a political subdivision, to perform services for emergency management purposes as he or she directs, and he or she may commandeer, for the time being, any motor vehicle, tools, appliances or any other property, subject to the owner's right to just compensation as provided by law.

(l)

Representation on local, regional, and state planning entities. The director, or his or her designees, shall represent the city on applicable local, regional, and state planning committees, groups, boards, and entities whose purpose is to plan, coordinate, integrate, and implement homeland security and emergency management systems, activities, and projects in the city or in geographical areas of the region or state that impact the city or require support by, or coordination with, city departments, organizations, or citizens.

(Code 1956, § 73.04; C.F. No. 07-780, § 1, 9-26-07; C.F. No. 08-1119, § 1, 11-12-08)