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Record No: CB 119933    Version: Council Bill No: CB 119933
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 11/23/2020
Ordinance No: Ord 126232
Title: AN ORDINANCE relating to the organization of City government; creating an Office of Emergency Management; repealing Sections 10.02.045 and 10.020.047 of the Seattle Municipal Code; adding Sections 3.15.040 and 3.15.042 to the Seattle Municipal Code; amending Ordinance 118617; and adopting revised Emergency Management Fund - General Trust Fund Policies.
Sponsors: Teresa Mosqueda
Supporting documents: 1. Att A – Emergency Management Fund – General Trust Fund Policies, 2. Summary and Fiscal Note, 3. Summary Att A – Emergency Management Fund - General Trust Fund Policies (Track Changed), 4. Signed Ordinance 126232, 5. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to the organization of City government; creating an Office of Emergency Management; repealing Sections 10.02.045 and 10.020.047 of the Seattle Municipal Code; adding Sections 3.15.040 and 3.15.042 to the Seattle Municipal Code; amending Ordinance 118617; and adopting revised Emergency Management Fund - General Trust Fund Policies.

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WHEREAS, throughout the summer, Seattle residents have taken to the streets to protest the unjust murders of Black Americans, including George Floyd and Breonna Taylor, and the shooting of Jacob Blake; all of these individuals experienced violent and lethal force at the hands of the police; and

WHEREAS, in response to this local and national civil rights reckoning, community members and civic leaders, including the Mayor and members of the City Council, have committed to a holistic review and community-led discussion around the effectiveness of the current way that community safety is provided in Seattle; and

WHEREAS, the shared vision for reimagining Seattle’s system of community safety recognizes the importance of providing alternatives to armed police officer response, including civilian and community-based services and solutions; and

WHEREAS, based on community input, the Mayor and the City Council will pursue the transfer of certain functions out of the Seattle Police Department, including Emergency Management, 9-1-1 Dispatch, and Parking Enforcement; and

WHEREAS, these transfers, taken in total, aim to reflect community expectations of the equitable delivery of City services, elevate emergency planning, improve the coordination of calls-for-service, increase civilian and community-based dispatch options, and bolster public trust and confidence in a reimagined system of community safety; and

WHEREAS, emergency management is a core City function necessary to manage emergency planning, preparedness, mitigation, response, and recovery on behalf of the City and in collaboration with community, regional, state, and federal partners; and

WHEREAS, as a national best practice, the Emergency Management Accreditation Program (EMAP) recommends establishing an independent Office of Emergency Management as a department directly overseen by the executive; and

WHEREAS, as an independent City office, the charge of the Office of Emergency Management remains the same as the central coordinating agency for the development of, training to, and maintenance of the state required all-hazard Seattle Comprehensive Emergency Management Plan, the Seattle Hazard Identification and Vulnerability Analysis, the Seattle All Hazard Mitigation Plan, Seattle Disaster Recovery Framework, Departmental Continuity of Operations Plans, and many incident-specific action plans, checklists, and protocols; and

WHEREAS, it will continue to be critical for the Office of Emergency Management to work closely with City departments, non-profit agencies, hospitals, schools, the military, state and regional partners, and to expand partnership throughout Seattle’s diverse community when developing emergency management plans; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Sections 10.02.045 and 10.02.047 of the Seattle Municipal Code, enacted by Ordinance 124849, are repealed:

((10.02.045 Director of the Office of Emergency Management

There shall be a Director of the Office of Emergency Management who shall be appointed by the Mayor. The Director shall be responsible for the organization, administration, and operation of the City's emergency management organization and program.

10.02.047 Office of Emergency Management

There shall be an Office of Emergency Management to oversee implementation of the City-wide emergency management program including, but not limited to, hazard identification and consequence analysis, capability assessment, hazard mitigation, emergency planning, training, exercising, community preparedness, operational readiness, disaster response and recovery coordination, and partnership building. The Office of Emergency Management shall be the coordinating agency to ensure City-wide compliance with local, state, and federal laws, regulations, and guidelines relating to emergency preparedness including the adoption of the national incident management system.))

Section 2. New Sections 3.15.040 and 3.15.042 are added to the Seattle Municipal Code as follows:

3.15.040 Office of Emergency Management

There is created within the Executive Department an Office of Emergency Management (OEM) responsible to partner with the community to prepare for, respond to, mitigate the impacts of, and recover from disasters and to be the coordinating agency to ensure Citywide compliance with local, state and federal laws, regulations and guidelines relating to emergency preparedness. The objectives and functions of the Office of Emergency Management include the following tasks and activities:

A. Preparing the community for disaster through the management of volunteers, public education, and capability-building with community organizations, vulnerable population outreach, limited English proficiency, low income, and immigrant and refugee communities;

B. Studying and understanding the consequences of the numerous hazards facing the city of Seattle, and using hazard knowledge to inform mitigation of known hazards through planning and investments to lessen disaster impacts and/or harden critical facilities and systems;

C. Coordinating the development, testing, validation, and maintenance of all plans and procedures to guide all aspects of the City’s emergency management program such as the all-hazard Seattle Comprehensive Emergency Management Plan (CEMP). ;

D. Training City responders, managed volunteers, and the community to emergency plans and to their roles and responsibilities in an emergency, as well as conducting routine exercises to ensure personnel and systems are routinely practicing such roles;

E. Managing and maintaining the City’s emergency response system to ensure coordination for both in-person and remote operations.  This includes ensuring that: the City's Emergency Operations Center (EOC) and the Joint Information Center are operationally ready at all times; EOC responders are identified and trained; and all supporting infrastructure and equipment are maintained;

F. Following a federal declaration of disaster, coordinating the collection of information including damage, impacts, and costs incurred by City departments to obtain reimbursement or grant money under the Robert T. Stafford Disaster Relief and Emergency Assistance Act or other Federal laws on behalf of City departments; and

G. Overseeing the City’s Emergency Management organization, including performing the duties as described in Section 10.02.060 and other functions as may be prescribed by ordinance.                  

3.15.042 Director of the Office of Emergency Management

A. Appointment, term, and removal

The Director of the Office of Emergency Management (OEM) shall be appointed by the Mayor and subject to confirmation by a majority vote of City Council. The Director may be removed by the Mayor upon filing a statement of reasons therefor with the City Council.

B. Duties. The Director of OEM shall be the head of OEM, shall be responsible for the administration of the City’s emergency management organization and program, and shall:

1. Develop and manage all functions and responsibilities of OEM.

2. Hire, supervise, and discharge OEM staff.

3. Report to the Mayor and City Council on the city’s emergency preparedness and recommend actions to better prepare the city and community at large for emergencies.

4. Ensure Citywide compliance with local, state, and federal laws, regulations, and guidelines relating to emergency preparedness including the adoption of the national incident management system.

                     Section 3. Ordinance 118617, last amended by Ordinance 125492, is amended as follows:

Section 1. There is hereby created in the General Trust Fund an Emergency Management Fund, into which shall be deposited financial contributions received by the City from federal, state and local governments and private entities to reimburse the City for costs incurred as a result of declared disasters; to reimburse the City for costs incurred for mitigation projects to lessen the impact of future disasters; to compensate the City for administrative costs of the recovery effort; and to assist the City in specialized programs and other disaster management activities. Cash balances in the Emergency Management Fund shall be invested and shall accrue interest until expended.

Section 2. The ((Police Department)) Office of Emergency Management is authorized to apply for the transfer of funds from the Emergency Management Fund received for the purposes outlined in Section 1, and the ((Chief of Police)) Director of the Office of Emergency Management is authorized to expend funds received through such transfers to facilitate the enhancement of emergency management activities following the ((Standard Operating Procedures attached hereto as Exhibit A)) Emergency Management Fund Policies. All the necessary appropriations for disbursement of funds in the Emergency Management Fund are hereby made and authorized. The ((Chief of Police)) Director of the Office of Emergency Management will report annually to the Mayor and City Council the total of all monies received from such sources and an accounting of how the funds were expended.

Section 3. The Director of Finance and Administrative Services is authorized to pay the necessary warrants upon vouchers certified by the ((Chief of Police)) Director of the Office of Emergency Management, or the ((Chief’s)) Director’s designee, on the Emergency Management Fund.

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                     Section 4.  Emergency Management Fund Policies, adopted by Ordinance 118617, are revised and adopted as contained in Attachment A to this ordinance.

 

Section 5. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ________ day of _________________________, 2020, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2020.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2020.

____________________________________

Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2020.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

 

Attachments:

Attachment A - Emergency Management Fund - General Trust Fund Policies