Protection and Welfare Committee

CITY OF OCONOMOWOC ELECTRONIC MEETING PROCEDURE Protection & Welfare Committee – 12/15/2020 @ 7:00 PM The City of Oconomowoc will be holding this meeting In-Person and via Webex There are three (3) ways to View and/or Participate in this meeting: 1. Join electronic meeting via computer/tablet/smartphone: Instructions on joining the meeting on PC Please click on this meeting link: https://oconomowoc.webex.com/oconomowoc/onstage/g.php?MTID=e3843c5a0bb3595749360971a ccff58cd 1. Fill out your information: First Name, Last Name, Email Address. If the meeting hasn’t started, please try refreshing the page. 2. Click Join by browser 3. Click on the Phone Icon to connect to your computer’s audio or to show a dial in number. 2. Call in number to join the meeting via landline Audio Conference Number: 1-408-418-9388 Access Code: 146 721 5062 3. Attend In-Person **NOTICE: The City Webex Licensing allows up to 200 participants for an electronic meeting. In the event that the City logs in 197 participants, we will assume that there are more people that want to participate than we are currently licensed for. In that situation, the City must cancel the meeting and reschedule after the City has obtained additional licensing to accommodate the increased public audience.  City of Oconomowoc Protection & Welfare Committee Aldermen: Rosek, Chairman / Rogers, Secy / Schellpeper Tuesday, December 15, 2020 - 7:00 PM City Hall - Council Chambers 174 E. Wisconsin Ave. Oconomowoc, WI 53066 (or immediately following Committee-Of-The-Whole) Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in accessible format, call the City Clerk at least 48 hours prior to the meeting to request adequate accommodations. Tel: (262) 569-2186. 1. Call to order and confirmation of appropriate meeting notification 2. Committee Business a. Discussion on Repealing and Recreating Certain Sections of the Municipal Code Regarding Emergency Management; and Intermunicipal Agreement 3. Adjourn ________________________________ Diane Coenen, City Clerk City of Oconomowoc Notice is hereby given that a majority of the Common Council will be present at the above scheduled meeting to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the Common Council pursuant to State ex rel. Badke v. Greendale Village Board, 173Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Common Council will not take any formal action at this meeting. 1  STATE OF WISCONSIN CITY OF OCONOMOWOC WAUKESHA COUNTY ORDINANCE NO. ______ AN ORDINANCE TO REPEAL AND RECREATE SECTIONS 1.17, 1.34, AND CHAPTER 6, AND TO RENUMBER SECTION 6.14 AS 11.09, OF THE CITY OF OCONOMOWOC MUNICIPAL CODE, CONCERNING EMERGENCY MANAGEMENT; AND INTERMUNICIPAL AGREEMENT WHEREAS, the Chief of the Western Lakes Fire District has offered to serve as Emergency Management Director for members of the Western Lakes Fire District; and WHEREAS, the Joint Board of the Western Lakes Fire District has recommended to the participating municipalities that they amend their applicable ordinances, to allow the Fire Chief to serve as Emergency Management Director; and WHEREAS, the Chief of the Western Lakes Fire District is uniquely qualified to serve as Emergency Management Director, given the oversight, leadership and coordination that is routinely required of the Fire Chief in emergency situations, for which the Fire Chief has both training and experience; and WHEREAS, the participating members of the Western Lakes Fire District recognize the efficiencies, and health, safety and welfare benefits that can follow from the Chief of the Western Lakes Fire District serving as Emergency Management Director, and hereby intend to adopt the recommendation; and WHEREAS, to implement the recommendation, it is important that all participating municipalities in the Western Lakes Fire District adopt substantially similar Emergency Management ordinances and plans, to avoid complication and confusion that might otherwise arise from conflicting provisions across the District. NOW, THEREFORE, the City Council of the City of Oconomowoc DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 1 of the City of Oconomowoc Municipal Code entitled “General Government,” Section 1.17 entitled “Emergency Government Director,” is hereby repealed and re-created with the title “Emergency Management Director,” as follows: 1.17 EMERGENCY MANAGEMENT DIRECTOR 1. APPOINTMENT TO SERVE MUNICIPALITES. The Director of Emergency Management shall be the Fire Chief of the Western Lakes Fire District. The Director of Emergency Management shall serve the member municipalities of the Western Lakes Fire District, which are the “Municipalities” for purposes of this Section 1.17, 1.34 and Chapter 6 of this Code. The Municipalities on the date of adoption of this ordinance are the City of Oconomowoc, the Village of Dousman, the Village of Summit and the Town of Ottawa, but such membership may change from time to time. 2. CONDITIONS OF EMPLOYMENT. The Emergency Management Director shall receive no additional pay or compensation for this position as it is included in the compensation package as Fire Chief. The Emergency Management Director shall take and file an official oath. 1 2  3. ASSISTANT AND DEPUTY DIRECTORS. Assistant and Deputy Emergency Management Directors may be appointed by the Emergency Management Director, subject to the approval of the Emergency Management Board. Such appointees shall receive no additional compensation for these positions as these duties are part of the responsibilities of their position. 4. DUTIES AND AUTHORITY. (a.) The Emergency Management Director shall be the executive head of the emergency management office and shall have direct responsibility for the administration and operation of the office of emergency management, subject to the direction and control of the Emergency Management Board. He/she shall coordinate all activities for emergency management within the Municipalities and liaison and cooperate with emergency management/government agencies and organizations of other political subdivisions and of the State and Federal Governments, shall participate in County and State emergency government activities upon request and shall have such additional authority, duties and responsibilities as may be determined by the Emergency Management Board, and participating Town Board, Village Boards, and City Council. (b.) The Emergency Management Director shall prepare a comprehensive general plan for the emergency management of the Municipalities and present such plan to the Emergency Management Board for its approval before sending to the participating City Council, Village Boards, and Town Boards participating in the Western Lakes Fire District for final approval. All emergency government forces of the Municipalities shall perform the duties and functions assigned to them by the approved plan. The plan may be modified from time to time in a like manner. (c.) The Emergency Management Director shall in cooperation with other municipal departments affected, organize, recruit and train any personnel that may be required on a volunteer basis to carry out the emergency management plans of the Municipalities, County, and State and conduct such test drills as authorized by the State. SECTION 2: Chapter 1 of the City of Oconomowoc Municipal Code entitled “General Government,” Section 1.34 entitled “Emergency Government Commission,” is hereby repealed and re-created with the title “Emergency Management Board,” as follows: 1.34 EMERGENCY MANAGEMENT BOARD 1. ORGANIZATION. The Emergency Management Board shall consist of the City Mayor, Town Chairman, and Village President, of each of the Municipalities that receive Emergency Management from the Western Lakes Fire District, Police Chiefs from each of the Municipalities served, Western Lakes Fire Chief, and a designee from the Fire Board. The Board shall appoint one of the above representatives to serve as the chairman of the Board. The Emergency Management Director shall assign a representative to serve as secretary of the Board. The Emergency Management Director may establish working groups to complete operational objectives, planning, and training with approval of the Board. 2. DUTIES. The Emergency Management Board shall be an advisory and planning group and shall advise the participating Town Boards, Village Boards, and City Council on all 2 3  matters pertaining to emergency management. This information will be sent to the City clerk, and shall be reported on annually at the joint fire district meeting or as needed. The Emergency Management Board shall meet upon the call of the director or chair. SECTION 3: Chapter 6 of the City of Oconomowoc Municipal Code entitled “Emergency Government Operations,” Section 6.14 entitled “Prohibited Discharges” is hereby re-numbered Section 11.09, maintaining the same title “Prohibited Discharges” within Chapter 11, entitled “Public Health and Welfare.” SECTION 4: Chapter 6 of the City of Oconomowoc Municipal Code entitled “Emergency Government Operations,” is hereby repealed and re-created as follows: CHAPTER 6 – EMERGENCY GOVERNMENT OPERATIONS 6.01 - EMERGENCY MANAGEMENT 1. POLICY AND PURPOSE. (a.) "Emergency Management" is the managerial function charged with creating the framework to reduce municipal vulnerability to hazards and cope with disasters, consistent with the local government duties and powers described in Section 323.14, Wisconsin Statutes. Emergency Management seeks to promote safer, less vulnerable communities with the capacity to cope with hazards and disasters. Emergency Management protects communities by coordinating and integrating all activities necessary to build, sustain, and improve the capability to mitigate against, prepare for, respond to, and recover from threatened or actual natural disasters, acts of terrorism/unrest, or other man-made disasters. (b.) By reason of the increasing possibility of disasters of unprecedented size and destructiveness, and to ensure that preparations will be adequate to cope with such disasters, to provide for the common defense, to protect the public peace, health, safety and general welfare and to preserve the lives and property of the people, it is hereby declared necessary: i. To establish a local emergency management office; ii. To provide for the exercise of necessary powers during emergencies; and iii. To provide for cooperation and mutual aid between the office of emergency management, Municipalities, and other political subdivisions. 2. Further, it is the purpose of this chapter and the policy of the City to coordinate all emergency Management functions of the City, to the maximum extent practicable, with existing services and facilities of the City and with comparable functions of the Federal, State, and County government and other political subdivisions and of various private agencies to the end that the most effective preparation and use may be made of manpower, resources and facilities for dealing with any disaster that may occur. 6.02 - UTILIZATION OF EXISTING SERVICES AND FACILITIES In preparing and executing the emergency management plan, the Emergency Management Director shall utilize the services, equipment, supplies and facilities of the 3 4  existing departments and agencies of the Municipalities to the maximum extent practicable. The officers and personnel of all such departments and agencies shall cooperate with and extend such services and facilities to the Emergency Management Director. 6.03 - DECLARATIONS OF EMERGENCY The emergency management organization shall act in accordance with the emergency management plan only after the declaration of emergency and issuance of official disaster warnings. Declarations of emergency shall be made by the Governor, at a local level by the Council or the Mayor; or in their absence, the Emergency Management Director with approval of the Emergency Management Board. Upon such declaration of emergency, the Emergency Management Director shall issue all necessary proclamations as to the existence of such state of emergency and shall issue such disaster warnings or alerts as are required in the emergency management plan. Such state of emergency shall continue until terminated by the issuing authority, provided any declaration not issued by the Governor may be terminated within the City by the Common Council. 6.04 - EMERGENCY REGULATIONS Whenever necessary to meet an emergency for which adequate regulations have not been adopted, the Common Council, the Mayor, or, in their absence, the Emergency Management Director with approval of the Emergency Management Board may by proclamation, promulgate and enforce orders, rules and regulations relating to the conduct of persons and the use of property which are necessary to protect the public peace, health and safety, to preserve lives and property and to ensure cooperation in emergency Management activities. Such proclamations shall be posted in 3 public places within the affected municipality. Such proclamation may be rescinded by the authority that issued the proclamation; or if issued by the Emergency Management Director, it may be rescinded within the City by resolution of the Common Council. 6.05 - MUTUAL AID AGREEMENTS The Emergency Management Director may, subject to the approval of the Emergency Management Board, enter into mutual aid agreements with other political subdivisions. Copies of such agreements shall be filed with the secretary of the State Department of Emergency Management. 6.06 - IDENTIFICATION CARDS 1. No person shall have or maintain any card or other device used to identify him/her as a representative of the emergency management office unless such person is a bona fide representative in good standing of the appropriate service of the emergency management office for which the card or device has been issued. 2. No person shall represent himself/herself as a member or representative of the emergency management office unless such person is a bona fide member. 6.07 - CONTINUITY OF GOVERNMENT 1. Each City officer and department head shall designate a successor and one alternate successor to perform his/her duties and exercise his/her powers only when such officer 4 5  or department head is unable because of an emergency hereunder to attend to his/her duties and exercise his/her powers in person. Each City officer and department head shall file with the City Clerk and the Emergency Management Director a list showing the name and address of such successor and alternate successor. 2. During the absence of any City officer or department head by reason of an emergency hereunder, such successor or alternate successor shall have all of the powers and perform all of the duties of the officer or department head whom he/she replaces for the duration of the emergency. 3. Every City officer and department head shall take steps toward the preservation of all records which he/she is bound to keep by law. 6.08 - OBSTRUCTION OF EMERGENCY MANAGEMENT ORGANIZATION No person shall willfully obstruct, hinder or delay any member of the emergency Management organization in the enforcement of any order, rule, regulation or plan issued pursuant to this chapter or violate any order, rule, regulation or plan issued pursuant to the authority contained in this chapter. 6.09 - PENALTY Except as otherwise provided herein, any person found in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in Section 25.04 of this Municipal Code. SECTION 5: CONTINUATION OF EXISTING PROVISIONS The provisions of this ordinance, to the extent that they are substantively the same as those of the ordinances in force immediately prior to the enactment of this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances. In addition, the adoption of this ordinance shall not affect any action, prosecution or proceeding brought for the enforcement of any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance for the time that such provision was in effect, and the repeal of any such provisions is stayed pending the final resolution of such actions, including appeals. SECTION 6: SEVERABILITY The several sections of this Ordinance are declared to be severable. If any section or provision thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such declaration shall apply only to the specific section(s) or portion(s) thereof directly specified in said declaration, and shall not affect the validity of any other provisions, sections, or portions of the Ordinance, which shall remain in full force and effect. Any other Ordinances whose terms are in conflict with the provisions of this Ordinance are hereby repealed as to those terms that conflict. SECTION 7: INTERMUNICIPAL AGREEMENT The Intermunicipal Agreement that formed the Western Lakes Fire District, as modified from time to time, is hereby amended upon the effective date described below, to authorize and 5 6 direct the Fire Chief to serve as Emergency Management Director upon the terms described herein. SECTION 8: EFFECTIVE DATE This Ordinance, and the Intermunicipal Agreement amendment of Section 7, shall take effect immediately upon its passage and posting/publication as provided by law immediately upon the adoption of substantially identical ordinances by all Member Municipalities of the Western Lakes Fire District. This ordinance shall be interpreted as being a continuance of the prior ordinance with regard to all terms that are not explicitly modified herein. Dated this _____ day of ___________________, 20 _____ CITY OF OCONOMOWOC _________________________________ Robert Magnus, Mayor Attest ________________________________ Diane Coenen, City Clerk Published and/or posted this _____ day of ___________________, 20 _____. 6 7