COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140592

Amending Chapter 2, Code of Ordinances, by repealing Section 2-85, regarding the Office of Emergency Management, and enacting in lieu thereof one new section of like number and subject matter and adopting an updated and revised Local Emergency Operations Plan (LEOP) for the City.

WHEREAS, pursuant to the authority and direction of Section 2-85 of the Code of Ordinances, the City’s Office of Emergency Management has reviewed, updated, and revised the LEOP for the City; and

WHEREAS, this 2014 version of the LEOP addresses new federal and state rules and regulations, incorporates lessons learned and best practices from recent disasters, and reflects updated policies and procedures; and

WHEREAS, City departments and supporting agencies have been involved in the development of this plan providing input and recommendations; and

WHEREAS, the Council desires to adopt, implement and utilize the 2014 version of the LEOP for the City; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY

Section 1. That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 2-85, regarding the Office of Emergency Management, and enacting in lieu thereof one new section of like number and subject matter as follows:

Sec. 2-85. – Office of emergency management.

(a) Definitions. The following definitions apply to this section:

(1)               Disaster means any large scale event as described in subsection (a)(2) which results in, or has the potential to result in a significant loss of life or property, and which exceeds the ability of the city to effectively respond without assistance from the state or federal government.

(2)               Major emergency means any large scale event requiring the use of the emergency operations center to coordinate the combined response of three (3) or more city departments to an act of terrorism, fire, wind, flood, earthquake or other natural or man-made calamity.

(b) The city establishes the Office of Emergency Management (OEM) under the direction of the city manager to prepare for and carry out actions to prevent, minimize and reduce injury and damage due to all major emergencies and disasters. OEM constitutes the city's official "local organization for emergency management" as defined in the Civil Defense Act, RSMo 44.010 et seq. OEM is responsible for emergency planning, emergency preparedness, and the coordination of response and recovery operations related to all disasters that may impact the city. OEM shall be responsible for the performance of emergency management functions within the territorial limits of the city and may conduct these functions outside the territorial limits as may be required pursuant to the provisions of Chapter 44, RSMo.

(c) The city manager shall appoint a qualified emergency manager who shall have direct responsibility for the organization, administration and operation of local emergency management operations, subject to the direction and control of the city manager and the city council. The emergency manager shall be responsible for:

(1) The completion and maintenance of the all-hazard Local Emergency Operations Plan (LEOP). The LEOP shall be in compliance with state and federal requirements, and shall be reviewed annually with updates made as needed. The city manager is authorized to mandate the various departments, as necessary, to participate in work groups to draft, edit and implement the LEOP.

(2) The completion and maintenance of procedures to ensure interdepartmental cooperation and coordination during disasters and major emergencies.

(3) The operation and maintenance of a city emergency operations center (EOC). The emergency manager shall maintain the EOC in a manner that provides sufficient technological and procedural means to effectively manage field forces, and shall establish procedures for the activation and staffing of the EOC when conditions warrant.

(4) The establishment of a unified management team (UMT) in accordance with the LEOP.

(5) Advising the city manager and mayor concerning the need for any of the following:

a. A proclamation of a local state of emergency;

b. Applying for state or federal disaster assistance;

c. Declaration of an area as a municipal disaster assistance zone; or

d. A proclamation to establish a disaster area boundary.

(6) Coordinating post-disaster damage assessment.

(7) Conducting liaisons with external organizations, including other local governments, schools, utilities, private organizations, and business organizations; the Missouri State Emergency Management Agency; the Missouri State Department of Homeland Security; the U.S. Department of Homeland Security; and the Federal Emergency Management Agency. To the extent allowed by law, the emergency manager shall:

a. Serve as the city manager’s primary point of contact for homeland security information, planning and non-law enforcement operations; and

b. Coordinate city homeland security planning, analysis and warning with the city police department and other public safety agencies, and to the extent practical, disseminate appropriate warning information to the various departments.

(8) Issuing public warnings when necessary to protect people and property.

(9) Conducting emergency management training for city personnel and public education programs as appropriate to improve understanding of, and preparedness for, disasters or major emergencies.

(10) Organizing and chairing an emergency management advisory committee, and holding meetings as needed to solicit information and guidance from the various departments concerning emergency management programs and priorities.

(11) Establishing volunteer cadres to assist the city with emergency operations, communications and other similar functions.

(12) Public event monitoring, when the events may pose a threat to public safety due to the number of people participating, location of the event, notoriety of the event, or other factors as determined by the city manager. The emergency manager shall, in cooperation with the city police department, city fire department and other city departments, participate in the planning and monitoring of such events in order to provide public warning and evacuation in accordance with the LEOP.

(13) Adopting and implementing the National Incident Management System promulgated by the U.S. Department of Homeland Security.

(14) Adopting and implementing any other federal or state emergency management requirement.

(d) The city shall manage disasters and major emergencies in accordance with the National Incident Management System, all applicable laws, and the LEOP. All departments and city agencies shall cooperate with the emergency manager in implementing the National Incident Management System and the LEOP.

Section 2. That the 2014 version of the LEOP for the City of Kansas City, Missouri is hereby approved and adopted. A copy of the Plan is available in the Office of Emergency Management.

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Approved as to form and legality:

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Alan Holtkamp

Assistant City Attorney