Chapter 8.08


8.08.010    Purpose.

8.08.020    Emergency management policy.

8.08.030    Definitions.

8.08.040    Emergency management organization.

8.08.050    Comprehensive emergency management plan.

8.08.060    Proclamation of emergency.

8.08.070    Emergency and disaster powers.

8.08.080    Emergency operations center.

8.08.090    Continuity of government.

8.08.100    Emergency public works contracting.

8.08.110    Effect of chapter on other rules and regulations.

8.08.120    Effect of chapter on existing agreements.

8.08.130    General public duty created.

8.08.140    Private liability.

8.08.150    Penalty.

8.08.010 Purpose.

The declared purposes of this chapter are to provide for the preparation and implementation of plans for mitigation, prevention, preparedness, response and recovery activities within the city in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services of the city with Snohomish County and other affected public agencies and private persons, corporations, and organizations. Any expenditures made in connection with such emergency management activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 1413 § 1 (part), 2018)

8.08.020 Emergency management policy.

It is the policy of the city to make effective preparations and use of staffing, resources, and facilities for dealing with any emergency or disaster that may occur. Emergencies and disasters, by their very nature, may disrupt or destroy existing systems and the capability of the city to respond to protect life, public health and property. Therefore, citizens are advised to be prepared to be without public services or utilities for up to a minimum of two weeks should an emergency or disaster occur. (Ord. 1413 § 1 (part), 2018)

8.08.030 Definitions.

A.    When used in this chapter, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in Chapter 38.52 RCW and this section, except where the context clearly indicates a different meaning:

“Continuity of government” or “COG” is defined as the prevention, maintenance, or reconstitution of the civil government’s ability to carry out the executive, legislative, and judicial processes and services under the threat or occurrence of any emergency condition that could disrupt such processes and services.

“County” shall mean Snohomish County.

“Emergency” or “disaster” as used in this chapter shall mean an event or set of circumstances which: (1) demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken area within the city overtaken by such occurrences, or (2) reaches such a dimension or degree of destructiveness as to warrant the mayor proclaiming the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local ordinances and state statute, or (3) affects seriously the safety, health, or welfare of a substantial number of citizens of this city or precludes the operation or use of essential public services and facilities with such magnitude or severity as to necessitate seeking state and/or county supplementation of local efforts or resources exerted or utilized in alleviating the danger, damage, suffering, or hardship faced, having been caused by forces beyond the control of man, by reason of civil disorder, riot, or disturbance, or by factors not foreseen and not known to exist when the city budget was adopted.

“Emergency management” shall mean the preparation for the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prevent, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage resulting from disasters caused by all hazards, whether natural or manmade, and to provide support for search and rescue operations for persons and property in distress.

“Emergency management director” shall mean the person responsible for the administration and operation of the emergency management program for the city. RCW 38.52.070(1) provides that: “Each local organization for emergency services shall have a director, who shall be appointed by the executive head of the political subdivision.”

B.    All definitions of terms contained within RCW 38.52.010 as adopted or hereafter amended are adopted by this reference. (Ord. 1413 § 1 (part), 2018)

8.08.040 Emergency management organization.

A.    There is hereby created, in accordance with Chapter 38.52 RCW, an emergency management organization. The purpose of the local organization is to perform local emergency management functions. The organization shall represent the city and exercise emergency authority only within the city.

B.    The emergency management director shall be the fire chief. The emergency management director shall have direct responsibility for the organization, administration, and operation of the emergency management program for the city. The emergency management director shall develop and maintain the emergency operations plan and program and shall have such other duties as may be added by amendment to this chapter.

C.    The deputy emergency management director shall be the police chief. The deputy emergency management director shall exercise the powers and perform the duties of the emergency management director during her/his absence or disability. In the absence of the deputy emergency management director, the position shall be filled by the management services director.

D.    A policy group is hereby created to provide direction and policy-making decisions to the emergency operations center during and after a disaster has occurred in the city. The policy group will consist of the chief elected official and council members. The chief elected official shall designate one council member as the official recordation person for the group.

E.    A leadership team is hereby created and chaired by the management services director to coordinate with the emergency operations center and the policy group to resolve or implement policy issues and priorities. The team shall consist of, but not be limited to, the management services director, department heads and the chief elected official. (Ord. 1413 § 1 (part), 2018)

8.08.050 Comprehensive emergency management plan.

The comprehensive emergency management plan, prepared under the direction of the emergency management director and promulgated by the mayor on June 15, 2015, and as later may be amended, is the official emergency management plan of the city. The director shall file a copy of said plan in the office of the city clerk and distribute copies of said plan to appropriate city departments. (Ord. 1413 § 1 (part), 2018)

8.08.060 Proclamation of emergency.

A.    Whenever an emergency or disaster, or the imminent threat thereof, occurs in the city and results in, or threatens to result in, the death or injury of persons or the destruction of or damage to property to such extent as to require, in the judgment of the chief elected official, extraordinary and immediate measures to protect the public health, safety, and welfare, the chief elected official shall forthwith:

1.    If the city council is in session, request the council to proclaim the existence or threatened existence of an emergency; or

2.    If the city council is not in session, issue such proclamation, subject to council ratification and confirmation, modification or rejection as soon as practicable.

B.    Proclamations of emergency issued by the chief elected official shall be presented as soon as practical to the city council for ratification and confirmation, modification, or rejection. Proclamations which are rejected shall, after vote, be void. Proclamations shall be considered in full force and effect until the council shall act.

C.    Such proclamations of emergency may be in addition to or as an alternative to the proclamation of state of emergency by the Governor.

D.    The chief elected official shall terminate the proclamation of emergency when order has been restored in the affected area of the city. (Ord. 1413 § 1 (part), 2018)

8.08.070 Emergency and disaster powers.

A.    Chief Elected Official. In the event of a proclamation of disaster as herein provided, or upon a proclamation of state of emergency by the Governor, the mayor or successor as designated in Section 8.08.090 is hereby empowered:

1.    To make and issue rules and regulations on all matters reasonably related to the protection of life and property as affected by such disaster; provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the city council; and

2.    To request the county executive to proclaim a local emergency when, in the opinion of the chief elected official, the resources of the area or region are inadequate to cope with the disaster; and

3.    To be the head of the policy group in the event of an emergency or disaster to assure policy decisions and continuity of government are addressed and maintained; and

4.    To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property of the people and to bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use; and

5.    To waive and dispense with public bidding requirements of RCW 35.23.352 on an emergency basis as necessary; and

6.    To control and direct the efforts of the emergency management organization of the city for the accomplishment of the purposes of this chapter; and

7.    To require emergency services of any city officer or employee and, in the event of the proclamation of a state of extreme emergency by the Governor in the region in which this city is located, to command the aid of as many citizens of this city as may be deemed necessary in the execution of the mayor’s duties; and such persons are entitled to all privileges, benefits, and immunities as are provided by state law for registered emergency workers; and

8.    To requisition necessary personnel or material of any city department or agency; and

9.    To execute all the special powers conferred upon the mayor by this chapter, by any other statute, agreement, or lawful authority, as necessary; and

10.    To establish exemptions to notice requirements of the “Open Public Meetings Act”; and

11.    To establish continuity of government and to ensure proper succession of authority.

B.    Chief Administrative Official. The chief administrative official is hereby empowered:

1.    To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people and to bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use; and

2.    To control and direct the efforts of the emergency management organization of the city for the accomplishment of the purposes of this chapter; and

3.    To requisition necessary personnel or material of any city department or agency; and

4.    To execute all of the special powers conferred upon the chief administrative official by this chapter, by any other statute, agreement or lawful authority, as necessary; and

5.    Other as deemed appropriate by the chief elected official.

C.    Emergency Management Director. The emergency management director is hereby empowered:

1.    To request the mayor or successor and city council to proclaim the existence or threatened existence of a disaster and the termination thereof, if a quorum of the city council is available and functioning, or for the mayor or successor to issue such proclamation, if a quorum of the city council is not available, subject to confirmation by the city council at the earliest practicable time; and

2.    To direct coordination and cooperation between divisions, services, and staff of the departments and services of the city in carrying out the provisions of the emergency management plan, and to resolve questions of authority and responsibility that may arise between them; and

3.    To recommend for adoption by the city council emergency management plan(s) and mutual aid agreements; and

4.    To act on behalf of the chief elected official or chief administrative officer or their successor(s) if she/he is unable to carry out her/his duties in carrying out purposes of this chapter or the provisions of the emergency management plan; and

5.    To represent the emergency management organization of the city in dealing with issues pertaining to emergency management; and

6.    To determine the incident command structure based upon the type of event or upon change of status of the event. The emergency management director will strive to assign incident command to the fire department for natural disasters, police department for terrorist attacks or civil unrest, and public works department for recovery efforts.

D.    Departments and Employees. All city departments, and all officers and employees thereof, are hereby assigned the powers and duties set forth in the emergency management plan. (Ord. 1413 § 1 (part), 2018)

8.08.080 Emergency operations center.

The city shall establish and staff an emergency operations center equipped with a communications system to support government operations and emergencies and provide other essential functions and equipment for agencies and activities assigned an emergency function. The second floor of City Hall is hereby designated as the emergency operations center (EOC). (Ord. 1413 § 1 (part), 2018)

8.08.090 Continuity of government.

A.    City Council. In the event the emergency or disaster results in one or more council members being unavailable after a reasonable attempt at notice to convene by the mayor, management services director or emergency management director, those council members available for duty shall constitute the city council, and shall have full power to act by majority vote of those present for the purpose of meeting temporary immediate and emergency needs brought on by the emergency or disaster.

B.    Council Meetings at Other Than Usual Places. In the event it becomes imprudent, inexpedient, or impossible to conduct the affairs of the city of Mukilteo at the regular or usual place or places, the city council may meet at any temporary place or places within or without the territorial limits of the city on the call of the mayor or any two council members. After the relocation, affairs of the city shall lawfully be conducted at the emergency temporary location or locations for the duration of the emergency or disaster.

C.    Succession of Officials and Employees. During the course of an emergency, succession of positions in the event of unavailability shall be in the following order:

1.    Chief Elected Official.

a.    Mayor.

b.    Council president.

c.    Council vice president.

d.    Remaining council members in order of position number on the council.

2.    Chief Administrative Official.

a.    Management services director.

b.    Director of finance.

c.     Department head with the longest continuous service as the head of a city of Mukilteo city department.

3.    Mukilteo Police Department.

a.    Chief of police.

b.    Assistant chief of police.

c.    Patrol sergeant.

d.    Patrol corporal.

e.    Patrol officer.

4.    Mukilteo Fire Department.

a.    Fire chief.

b.    Assistant fire chief.

c.    On-duty captain.

d.    On-duty acting captain.

5.    Public Works Department.

a.    Public works director.

b.    Assistant public works director.

c.    Public works superintendent.

6.    Community Development.

a.    Community development director.

b.    Planning manager.

c.    Building official.

7.    Finance.

a.    Finance director.

b.    Accounting manager.

c.    Staff accountant.

8.    Recreation and Cultural Services.

a.    Recreation and cultural services director.

b.    Administrative support coordinator.

9.    City Clerk.

a.    City clerk.

b.    Management services director.

c.    Executive assistant. (Ord. 1413 § 1 (part), 2018)

8.08.100 Emergency public works contracting.

Public works contracting and purchasing competitive bidding requirements may be waived in accordance with RCW 39.04.280(e). If federal funding is being used as part of the Recovery Act, then the public works contracting shall be consistent with RCW 39.28.010 to 39.28.030. Alternative bidding procedures may be used in accordance with an approval of the capital projects advisory review board (CPARB). The criteria for alternative bidding procedures shall be in accordance with RCW 39.10.330. (Ord. 1413 § 1 (part), 2018)

8.08.110 Effect of chapter on other rules and regulations.

At all times when the orders and regulations made and promulgated pursuant to this chapter are in effect, they shall supersede all existing ordinances, orders, and regulations insofar as the latter may be inconsistent therewith. (Ord. 1413 § 1 (part), 2018)

8.08.120 Effect of chapter on existing agreements.

Nothing in this chapter shall be deemed to affect any existing interlocal agreements entered into by the city or other cities and towns of the state of Washington pursuant to Chapter 38.52 RCW regarding emergency planning and the giving of mutual aid; provided, that for the purposes of such agreements, the mayor shall exercise all powers as executive head of the city under such agreements in conformity with RCW 38.52.070. (Ord. 1413 § 1 (part), 2018)

8.08.130 General public duty created.

It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons or individuals who will or should be especially protected or benefited by the terms of this chapter. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees, or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees, or agents. The city is immune from liability under this chapter to the fullest extent allowed by law. (Ord. 1413 § 1 (part), 2018)

8.08.140 Private liability.

No individual, firm, association, corporation, or other party or their successors, assigns, agents or employees owning, maintaining, or controlling any building or premises, who, voluntarily and without compensation, grant to the city a license or privilege or otherwise permit the city to inspect, designate, and use the whole or any part or parts of such building or premises for the purpose of sheltering persons during an actual, impending, mock or practice emergency or disaster, shall be subject to liability for injury sustained by any person while in or upon said building or premises as a result of any act or omission in connection with the upkeep or maintenance thereof, except a willful act of misconduct, when such a person has entered or gone into or upon said building or premises for the purpose of seeking refuge therein during an emergency or disaster or an attack by enemies of the United States or during a disaster drill, exercise, or test ordered by a lawful authority. (Ord. 1413 § 1 (part), 2018)

8.08.150 Penalty.

A violation of this chapter shall constitute a misdemeanor and shall be punishable as such under Section 1.32.010; provided, that whenever any person shall commit a second offense hereunder, the same shall constitute a gross misdemeanor and shall be punishable as such. It shall be a violation of this chapter to:

A.    Willfully obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon such member by virtue of this chapter.

B.    Wear, carry or display, without authority, any means of identification specified by the emergency management agency of the city. (Ord. 1413 § 1 (part), 2018)