Article I - Emergency Management Agency

This article shall be known and may be cited and referred to as the "Emergency Management Ordinance for the County of Henderson."

1. It is the intent and purpose of this article to establish an office that will ensure the complete and efficient utilization of all of the County of Henderson's resources to combat disaster resulting from enemy actions or other disasters as defined herein.
2. The Henderson County Office of Emergency Management will be the coordinating agency for all activity in connection with emergency management. It will be the instrument through which the Henderson County Board of Commissioners may exercise the authority and discharge the responsibilities vested in it during disaster emergencies.
3. This article will not relieve any County department of the moral responsibilities or authority given to it by the North Carolina General Statutes or by local ordinances, nor will it adversely affect the work of any volunteer agency organized for relief in disaster emergencies.
4. This article shall apply to any municipality upon specific request of the governing body of the municipality and consent of the Henderson County Board of Commissioners through an interlocal agreement pursuant to N.C.G.S. Chapter 160A, Article 20. In such event, the Emergency Management Coordinator shall have the same powers and duties with respect to the municipality as he/she does for the County.

The following terms are defined for purposes of this Chapter:

1. Attack - A direct or indirect assault against the County of Henderson, its government, its environs or the nation by the forces of a hostile nation or the agents thereof, including assault by bombing, conventional or nuclear, chemical or biological warfare, terrorism or sabotage.
2. Coordinator - The Coordinator of the Henderson County Emergency Management Agency, appointed as prescribed in this article.
3. Disaster/Emergency - Actual or threatened enemy attack, sabotage or extraordinary fire, flood, storm, epidemic, accident, chemical spill or other impending or actual calamity endangering or threatening to endanger health, life or property of constituted government.
4. Emergency Management - The basic government function of maintaining the public peace, health and safety during an emergency. This term shall include plans and preparations for protection and relief, recovery and rehabilitation from effects of an attack by the forces of an enemy nation or the agents thereof or a disaster as defined herein. It shall not, however, include any activity that is the primary responsibility of the military forces of the United States.
5. Emergency Management Forces - The employees, equipment and facilities of all County departments, boards, councils, institutions and commissions, and, in addition, it shall include all volunteer personnel, equipment and facilities contributed by, or obtained from, volunteer persons or agencies.
6. Emergency Management Volunteer - Any person duly registered, identified and appointed by the Coordinator of the Henderson County Emergency Management Agency and assigned to participate in the emergency management activity.
7. Regulations - Plans, programs and other emergency procedures deemed essential to emergency management.
8. Volunteer - Contributing a service, equipment or facilities to the Emergency Management Agency without remuneration.

1. The organization shall consist of the following:
   
   1. An Agency of Emergency Management within the Executive Department of the Henderson County government under the direction of the Henderson County Board of Commissioners through the County Manager. The agency head of the Henderson County Emergency Management Agency shall be known as the "Coordinator," and such assistants and other employees as are deemed necessary for the proper functioning of the Agency will be appointed.
   2. The employees and resources of all Henderson County departments, boards, institutions and councils shall participate in the emergency management activities. Duties assigned to County departments shall be the same as or similar to the normal duties of the department, where possible.
   3. Volunteer personnel and agencies offering service to, and accepted by, the County.
2. The Henderson County Board of Commissioners shall appoint a Coordinator of the Henderson County Emergency Management Agency who shall be a person well-versed and trained in planning operations involving the activities of many different agencies which will operate to protect the public health, safety and welfare in the event of danger from enemy action or disaster as defined in this article.
3. The Coordinator shall designate and appoint Deputy Coordinators to assume the emergency duties of the Coordinator in the event of his absence or inability to act.

The Coordinator shall be responsible to the Henderson County Board of Commissioners through the Henderson County Manager in regard to all phases of emergency management activity. The Coordinator shall be responsible for the planning, coordination and operation of the emergency management activities in Henderson County. The Coordinator shall maintain liaison with the state and federal authorities and the authorities of nearby political subdivisions so as to ensure the most effective operation of the emergency management plans. The Coordinator's duties shall include, but not be limited to, the following:

1. Coordinating the recruitment of volunteer personnel and agencies to augment the personnel and facilities of the County of Henderson for emergency management purposes.
2. Developing and coordinating plans for the immediate use of all facilities, equipment, manpower and other resources of the County for the purpose of minimizing or preventing damage to persons and property and protecting and restoring to usefulness governmental services and public utilities necessary for the public health, safety and welfare.
3. Negotiating standing agreements with owners or persons in control of buildings or other property for emergency management purposes, including use as public shelters, for approval by the Henderson County Board of Commissioners. In an emergency or disaster situation, the Emergency Management Coordinator shall have discretion and authority to designate other buildings and property for emergency management purposes and to negotiate with the owner of such property concerning such use; however, the Emergency Management Coordinator shall be required to make a full accounting to the Henderson County Board of Commissioners of expenditures, if any, associated with such designation at the next regular Board of Commissioners meeting following the conclusion of the emergency/disaster.
4. Through public informational programs, educating the populace as to actions necessary and required for the protection of their persons and property in case of enemy attack or disaster as defined herein, either impending or present.
5. Conducting public practice exercises to ensure the efficient operation of the emergency management forces and to familiarize residents with emergency management regulations, procedures and operations.
6. Coordinating the activity of all other public and private agencies engaged in any emergency management activities.

1. Comprehensive emergency management plans shall be adopted and maintained by resolution of the Henderson County Board of Commissioners. In the preparation of these plans as they pertain to County organization, it is intended that the services, equipment, facilities and personnel of all existing departments and agencies shall be utilized to the fullest extent. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by these plans and to maintain their portions of the plans in a current state of readiness at all times. These plans shall have the effect of law whenever a disaster, as defined in this article, has been proclaimed.
2. The Coordinator shall prescribe in the emergency plans those positions within the disaster organization, in addition to his own, for which lines of succession are necessary. In each instance, the responsible person will designate and keep on file with the Coordinator a current list of three persons as successors to his position. The list will be in order of succession and will nearly as possible designate persons best capable of carrying out all assigned duties and functions.
3. Each agency director and department head assigned responsibility in the plans shall be responsible for carrying out all duties and functions assigned therein. Duties will include the organization and training of assigned employees and, where needed, volunteers. Each agency director or department head shall formulate the standing operating procedure to implement the plans for his service.
4. Amendments to these plans shall be submitted to the Coordinator. If approved, the Coordinator will then submit the amendments to the Henderson County Board of Commissioners with his recommendation for their approval. Such amendments shall take effect on the date of approval, unless otherwise specified by the Board of Commissioners.
5. When a required competency or skill for a disaster function is not available within government, the Coordinator is authorized to seek assistance from persons outside of government. The assignment of duties, when of a supervisory nature, shall also include the granting of authority for the persons so assigned to carry out such duties prior to, during and after the occurrence of a disaster. Such services from persons outside of government may be accepted on a volunteer basis. Such citizens shall be enrolled as emergency management volunteers.

1. When a required competency or skill for a disaster function is not available within government, the Coordinator is authorized to seek assistance from persons outside of government. The assignment of duties, when of a supervisory nature, shall also include the granting of authority for the persons so assigned to carry out such duties prior to, during and after the occurrence of a disaster. Such services from persons outside of government may be accepted on a volunteer basis. Such citizens shall be enrolled as emergency management volunteers.
2. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the County of Henderson the right to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice disaster situation shall not be civilly liable for the death of, or injury to, any persons on or about such real estate or premises under such license, privilege or other permission or for loss of or damage to the property of such person.

Misdemeanor. The violation of any provision of this Chapter shall be a misdemeanor and any person convicted of such violation shall be punishable as a misdemeanor as provided in N.C. Gen. Stat. §14-4.

At all times when the orders, rules and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede all existing local ordinances, local orders, local rules and local regulations insofar as the latter may be inconsistent therewith.