Chapter 26
CIVIL EMERGENCIES*

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Cross references: Administration, ch. 2; emergency services, ch. 30; fire prevention and protection, ch. 34; law enforcement, ch. 42.

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Article I. In General

Secs. 26-1 26-30. Reserved.

Article II. Emergency Services and Disaster Agency

Sec. 26-31. Establishment.

Sec. 26-32. Coordinator.

Sec. 26-33. Functions.

Sec. 26-34. Service as mobile support team.

Sec. 26-35. Agreements with other political subdivisions.

Sec. 26-36. Emergency action.

Sec. 26-37. Compensation.

Sec. 26-38. Reimbursement by state.

Sec. 26-39. Purchases and expenditures.

Sec. 26-40. Oath.

Sec. 26-41. Use of office.

Sec. 26-42. Appropriation, levy of taxes.

ARTICLE I.
IN GENERAL

Secs. 26-1 26-30. Reserved.

ARTICLE II.
EMERGENCY SERVICES AND DISASTER AGENCY*

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State law references: ESDA Act, 20 ILCS 3305/1 et seq.

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Sec. 26-31. Establishment.

(a) There is hereby created the village emergency services and disaster agency (ESDA) to prevent, minimize, repair, and alleviate injury or damage resulting from disaster caused by enemy attack, sabotage, or other hostile action, or from natural or manmade disaster, in accordance with 20 ILCS 3305/1 et seq.

(b) The emergency services and disaster agency shall consist of the coordinator and such additional members as may be selected by the coordinator.

(Code 1977, 3.16(a))

Sec. 26-32. Coordinator.

(a) The coordinator of the village emergency services and disaster agency shall be appointed by the village president and approved by the board of trustees and shall serve until removed by the president and board of trustees.

(b) The coordinator of the village emergency services and disaster agency shall have direct responsibility for the organization, administration, training, and operation of the emergency services and disaster agency, subject to the direction and control of the village president as provided by statute.

(c) In the event of the absence, resignation, death or inability to serve as the coordinator of the village emergency services and disaster agency, the village president or any person designated by him, shall be and act as coordinator until a new appointment is made as provided in this section.

(Code 1977, 3.16(b))

Sec. 26-33. Functions.

The village emergency services and disaster agency shall perform such emergency services and disaster agency functions within the village as shall be prescribed in and by the state emergency services and disaster agency plan and program prepared by the governor, and such orders, rules and regulations as may be promulgated by the governor, and in addition shall perform such duties outside the corporate limits as may be required pursuant to any mutual aid agreement with any other political subdivision, municipality, or quasi-municipality entered into as provided in 20 ILCS 3305/1 et seq.

(Code 1977, 3.16(c))

Sec. 26-34. Service as mobile support team.

(a) All or any members of the village emergency services and disaster agency organization may be designated as members of a mobile support team created by the state director of the emergency services and disaster agency as provided by law.

(b) The leader of such mobile support team shall be designated by the coordinator of the village emergency services and disaster agency organization.

(c) Any member of a mobile support team who is a village employee or officer while serving on call to duty by the governor, or the state director, shall receive the compensation and have the powers, duties, rights, and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the village, while so serving, shall receive from the state reasonable compensation as provided by law.

(Code 1977, 3.16(d))

Sec. 26-35. Agreements with other political subdivisions.

The coordinator of emergency services and disaster agency may negotiate mutual aid agreements with other cities or political subdivisions of the state, but no such agreement shall be effective until it has been approved by the village president and by the state director of the emergency services and disaster agency.

(Code 1977, 3.16(e))

Sec. 26-36. Emergency action.

If the governor proclaims that a disaster emergency exists in the event of actual enemy attack upon the United States or the occurrence within the state of a major disaster resulting from enemy sabotage or other hostile action, or from manmade or natural disaster, it shall be the duty of the village emergency services and disaster agency to cooperate fully with the state emergency services and disaster agency and with the governor in the exercise of emergency powers as provided by law.

(Code 1977, 3.16(f))

Sec. 26-37. Compensation.

Members of the emergency services and disaster agency who are paid employees or officers of the village, if called for training by the state director of the emergency services and disaster agency, shall receive for the time spent in such training the same rate of pay as is attached to the position held. Members of the emergency services and disaster agency who are not village employees or officers shall receive for such training time such compensation as may be established by the village president.

(Code 1977, 3.16(g))

Sec. 26-38. Reimbursement by state.

The state treasurer may receive and allocate to the appropriate fund, any reimbursement by the state to the village for expenses incident to training members of the emergency services and disaster agency as prescribed by the state director of the emergency services and disaster agency, compensation for services and expenses of members of a mobile support team while serving outside the village in response to a call by the governor or state director of the emergency services and disaster agency, as provided by law, and any other reimbursement made by the state incident to emergency services and disaster agency activities as provided by law.

(Code 1977, 3.16(h))

Sec. 26-39. Purchases and expenditures.

(a) The village president may, on recommendation of the village coordinator of the emergency services and disaster agency, authorize any purchase of contracts necessary to place the village in a position to combat effectively any disaster resulting from the explosion of any nuclear or other bomb or missile, and to protect the public health and safety, protect property, and provide emergency assistance to victims in the case of such disaster, or from manmade or natural disaster.

(b) In the event of enemy caused or other disaster, the village coordinator of the emergency services and disaster agency is authorized, on behalf of the village, to procure such services, supplies, equipment or material as may be necessary for such purposes, in view of the exigency without regard to the statutory procedures or formalities normally prescribed by law pertaining to village contracts or obligations, as authorized by 20 ILCS 3305/1 et seq., provided that if the village president meets at such time he shall act subject to the directions and restrictions imposed by that body.

(Code 1977, 3.16(i))

Sec. 26-40. Oath.

Every person appointed to serve in any capacity in the village emergency services and disaster agency organization shall, before entering upon his duties, subscribe to the following oath, which shall be filed with the coordinator:

"I ________, do solemnly swear (or affirm) that I will support and defend and bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois, and the territory, institutions, and facilities thereof, both public and private, against all enemies, foreign and domestic; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I nor have I been a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as I am affiliated with the Gurnee ESDA organization, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence."

(Code 1977, 3.16(j))

Sec. 26-41. Use of office.

The village president is authorized to designate space in a village building, or elsewhere, as may be provided for by the village president for the village emergency services and disaster agency as its office.

(Code 1977, 3.16(k))

Sec. 26-42. Appropriation, levy of taxes.

The village board may make an appropriation for emergency services and disaster agency purposes in the manner provided by law, and may levy in addition for emergency services and disaster agency purposes only, a tax not to exceed $0.05 per $100.00 of the assessed value of all taxable property in addition to all other taxes, as provided by 20 ILCS 3305/1 et seq.; however, that amount collectable under such levy shall in no event exceed $0.25 cents per capita.

(Code 1977, 3.16(l))