SUBJECT:
Title
Emergency Management
Body
DEPARTMENTS: Legal and Administration
PRESENTERS: Kendra Carberry, Town Attorney
Malcolm Fleming, Town Administrator
TIME ESTIMATE: 30 minutes
only required for non-consent items
STAFF RECOMMENDATION:
Recommendation
Discuss this matter and provide direction on any Code changes the Board may desire.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
Emergency management is governed by Chapter 8 of Title 1 of the Erie Municipal Code and the Town's emergency operations plan, as well as C.R.S. § 24-33.5-701, et seq. By law, the Town must have an appointed emergency manager, who must be authorized to take all necessary actions during an emergency. Pursuant to Section 8-1-3 of the Code, the Town has appointed the Town Administrator as its emergency manager. Pursuant to Section 1-8-6 of the Code, the Town's emergency manager has a number of enumerated powers to protect the public health, safety and welfare. Pursuant to Section 1-8-6.A.3 of the Code, the Town emergency manager may promulgate such regulations as necessary to protect life and property and preserve critical resources, which regulations shall be confirmed at the earliest practical time by the Board of Trustees.
If the Board of Trustees would like to change its appointed emergency manager, the Board has that authority. In smaller communities without full-time managers, the Mayor or Police Chief are often appointed as emergency managers. While that is an option for Erie, it would be unusual for a jurisdiction of Erie's size to have anyone other than the Manager/Administrator act as the emergency manager. In addition, if the Town's emergency manager changes, we will also need to modify our emergency operations plan (attached). It is important to note that, even in the case of an emergency and regardless of who is appointed as the emergency manager, the Town Administrator retains all authority regarding management of employees, Town buildings and facilities, and related authority.
One option would be for the Board of Trustees to require that all emergency orders of the Town Administrator receive ratification by the Board of Trustees within a certain number of days (3, 7, or whatever else the Board thinks appropriate), instead of the less specific “confirmed at the earliest practical time” language in Section 1-8-6.A.3 of the Code. In that case, the Town Administrator's order would still take effect immediately (which is appropriate in the case of an emergency), but then would expire unless ratified by the Board.
It is also important to note that the Town Administrator may only issue emergency orders if there is an existing emergency declaration. Currently, the COVID emergency declaration remains in effect until repealed by the Board of Trustees. If the Board were to repeal the emergency declaration, then the Town Administrator would no longer be authorized to issue emergency orders such as the mask order. However, if the emergency declaration is repealed, this could affect the Town's ability to receive emergency funding.
Board Priority(s) Addressed:
ü Engaged and Diverse Community
ü Prosperous Economy
ü Small Town Feel
ü Safe and Healthy Community
ü Effective Governance
ü Fiscally Responsible
ATTACHMENTS:
1. Emergency Operations Plan