CHAPTER 9

COUNTY DEPARTMENTS

1 – 9.1      Manpower Department*

1 – 9.1-a      There shall be, and there hereby is, created and established a department within the County government of Vigo County, Indiana, which department shall be known as the "Vigo County Manpower Department".

1 – 9.1-b      Said Vigo County Manpower Department shall be headed by a Director and staffed with other personnel as necessary to perform and/or carry out the activities of said Department.

1 – 9.2-c      All staff positions shall be appointed by the Board of Commissioners of Vigo County and shall serve at the pleasure of said Commissioners, whose salaries shall be set by the County Council of Vigo County.

1 – 9.1-d      Said Department shall be responsible for developing a program pursuant to the "Comprehensive Employment and Training Act of 1973" for job training, retraining and developing employment opportunities for the economically disadvantaged, unemployed and underemployed of Vigo County, to apply four all funds available for such training and employment purposes and for the administration of said program and all other Manpower programs within Vigo County.

1 – 9.1-e      Passed and adopted by the Commissioners of Vigo County, Indiana, on July 28, 1975. *(See Section 1-10 -2)

1 – 9.2      Office Of Emergency Management And Civil Defense

1 – 9.2-a      Because of the possibility of the occurrence of disasters resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake or other natural causes, and in order to insure that the preparations of this county will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this county, it is hereby found and declared to be necessary:

1 – 9.2-a.1       To affirm the establishment of a county civil defense organization

1 – 9.2-a.2       To provide for the exercise of necessary powers during civil emergencies and the time of a disaster

1 – 9.2-a.3       To provide for the formulation of plans and training to meet the requirements of the county missions

1 – 9.2-a.4       To provide for the rendering of mutual aid between this county and other political subdivisions of this state and of other states with respect to the carrying out of civil defense functions.

      It is further declared to be the purpose of this resolution and the policy of the county that all civil defense functions of this county be coordinated to the maximum extent practicable with the comparable functions of the federal government, of this state, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster which may occur.

1 – 9.2-b      Unless otherwise stated the following terms shall be defined as follows:

      Civil Defense.  Means the preparation for and the coordination of all emergency functions, other than function for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by acts of nature, enemy attack, sabotage or other hostile action, or from fire, flood, earthquake or other natural causes. These functions include, without limitation, fire--fighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and the carrying out of the foregoing functions.

Civil Defense Emergency.  Means any emergency declared by the governor under the provisions of Chapter 268, Indiana Statutes, 1951 and/or by the county commissioners.

Civil Defense Forces.  Means any personnel employed by the county and other volunteer or paid member of the county defense organization engaged in carrying out civil defense functions in accordance with the provisions of this resolution or any rule or any order thereunder.

1 – 9.2-c      The Civil Defense Department shall be a part of the county government and shall be under the supervision and control of the County Civil Defense Advisory Council. The director of civil defense shall, be appointed by the Civil Defense Advisory Council for an indefinite term and may be removed by them at any time for accuse. He shall serve at a salary recommended by them and determined by the county council and shall be paid his necessary expenses. The director shall have direct responsibility for the organization, administration and operation of the civil defense organization, subject to the direction and control of the Advisory Council. The civil defense organization shall, be organized into such divisions and sections, consistent with state and local civil defense plans, as the director deems necessary to provide for the efficient performance of civil defense functions during a civil emergency.

1 – 9.2-d      Powers And Duties Of The Director

1 – 9.2-d.1       The director shall represent the county at any national, regional or State conference for civil defense. He shall develop with the consent of the Board of Commissioners proposed mutual aid agreements with other political subdivisions of the State for reciprocal civil defense aid and assistance in a civil emergency too great to be dealt with unassisted, and he shall present such agreements to the Board of County Commissioners for its approval. Such arrangements shall be consistent with the state civil defense plan and during a civil emergency it shall be the duty of the civil defense organization and civil defense forces to render assistance in accordance with the provisions of such mutual aid agreements.

1 – 9.2-d.2       "The director shall make such studies and surveys of the manpower, industries, resources, and facilities of the county as he deems necessary to determine their adequacy for civil defense and to plan for their most efficient use in time of a civil emergency.

1 – 9.2-d.3       The director shall prepare a comprehensive general plan for the civil defense of the county including the unincorporated areas and shall present such plan to the Board of Commissioners of its approval. When the board has approved the plan, it shall be the duty of all county agencies and all civil defense forces of the county to perform the duties and functions assigned by the plan as approved. The plan may be modified in a like manner from time to time. The director shall coordinate the civil defense activities of the county to the end that they shall be consistent and fully integrated with the civil defense plan of the federal government and the State.

1 – 9.2-d.4       In accordance with the state and county civil defense plan, the director shall institute such training programs and public information programs and shall take all other preparatory steps, including the partial or full mobilization of civil defense forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the county civil defense plan in time of a civil emergency. He may, from time to time, conduct such practice warning alerts or other civil defense exercises in accordance with the State Warning Plan.

1 – 9.2-d.5       The director shall in an emergency, and under the authority of the Board of Commissioners, utilize the personnel, services, equipment, supplies and facilities of existing departments and agencies of the county to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the county civil defense agency upon request. The head of each department and agency, in cooperation with and under the direction of the director, shall be responsible for the planning and programming of such civil defense activities as will involve the utilization of the facilities of his department or agency.

1 – 9.2-d.6       The director shall in cooperation with existing county departments and agencies affected, organize, recruit, and train such civil defense personnel, that may be required on a volunteer basis to carry out the civil defense plans of the county and State. To the extent that such emergency personnel are recruited to augment a regular county department of agency for civil emergencies, they shall be assigned to such departments or agencies and shall be under the administration and control of said department or agency. The director may dismiss any civil defense volunteer at any time and require him to surrender any equipment and identification furnished by the county.

1 – 9.2-d.7       Consistent with the State Civil Defense Act, the director shall coordinate the activity of all county Civil Defense organizations and assist in establishing and conducting training programs as required to assure emergency operational capability in the several services.

1 – 9.2-d.8       The director shall carry out all orders, rules and regulations issued by the governor with reference to civil defense.

1 – 9.2-d.9       The director shall direct and coordinate the general operations of all county civil defense forces during a civil emergency in conformity with regulations and instructions of state civil defense authorities.

1 – 9.2-d.10      In cooperation with the County Board of Commissioners the director will coordinate the general operations of all civil defense forces during the time of an impending disaster, during the time that relief operations are necessary, and will assist in alleviating the disaster situation.

1 – 9.2-e      Civil Defense volunteers shall be called into service only in case of a civil emergency or a disaster for which the regular county services are inadequate or for necessary training and preparations for such emergencies. All volunteers shall serve without compensation, except as provided for in Indiana Statutes 1951, Chapter 268, Sec. 7A (a).

1 – 9.2-f      Each civil defense volunteer shall be provided with such suitable insignia or other identification as may be required by the director. Such identification shall be in a form and style approved by the Indiana Department of Civil Defense. No volunteer shall exercise any authority over the persons or property of others without his identification. No person except an authorized volunteer shall use the identification of a volunteer or otherwise represent himself to be an authorized volunteer.

1 – 9.2-g      No civil defense volunteer shall carry any firearms while on duty except by specific order of the County Sheriff.

1 – 9.2-h      Personnel benefits of the county applicable to regular employees shall not apply to volunteer civil defense workers but shall apply to paid employees of the civil defense organization.

1 – 9.2-i      All functions hereunder and all other activities relating to civil defense are hereby declared to be governmental functions. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this resolution or under the workmen's compensation law, or under any pension law, nor the right of any such person to receive any benefits or compensation under any Act of Congress.

1 – 9.2-j      The Civil Defense department shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes, nor shall it be employed in a labor dispute.

1 – 9.2-k      There is hereby established a merit system of personnel administration for all employees of the Civil Defense Agency of Vigo County, State of Indiana, to be serviced by the State Personnel Division. The Vigo County Civil Defense Director is hereby authorized and directed to enter into such arrangements and agreements with the State Department of Civil Defense and the State Personnel Division as may be necessary to provide for a continuing merit program of personnel administration for all county civil defense employees. Such merit program shall be serviced by the State Personnel Division pursuant to the authority granted by Section 37, Chapter 139, Acts 1941, page 387 of the State Personnel Act and shall meet Federal Merit System Standards of the U.S. Department of Defense, including the exemption of any positions from the merit program as is recognized in these same federal standards. For the purposes of administering the merit program for all employees of the civil defense agency, the Vigo County Civil Defense Director if hereby considered and designated as the appointing officer.

1 – 9.2-l      Passed and adopted by Vigo County Board of Commissioners on October 19, 1978.

1 – 9.3      Police Reserves

1 – 9.3-a      There is hereby established, pursuant to I.C. 36-8-3-20 the Vigo County Police Reserves, which shall be known as the Vigo County Sheriff's Reserve Unit.

1 – 9.3-b      The Vigo County Sheriff's Department shall select and appoint the members of the Vigo County Sheriff's Reserve Unit, but the number of members to said Unit shall not exceed thirty (30).

1 – 9.4-c      The members of the Vigo County Sheriff's Reserve Unit shall be entitled to the benefits accorded by I.C. 36-8-3-20 (f).

1 – 9.3-d      The members of the Vigo County Sheriff's Reserve Unit shall be subject to the restrictions set forth in I.C. 36-8-3-20 (2), (g), and (h).

1 – 9.3-e      Passed and adopted by the Vigo County Board of Commissioners on

August 15, 1983.