Chapter 12

CIVIL EMERGENCIES*
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* Editors Note: A resolution adopted November 5, 2001 enacted provisions, not specifically amendatory of the Code, which amended this chapter in its entirety. The new provisions have been added as Art. II, reserving Art. I for general provisions. Ch. 12 formerly consisted of §§ 12-1--12-6, which pertained to similar subject matter and derived from §§ I--VI of a resolution adopted June 5, 1990.
Cross References: Emergency services, Ch. 14.
State Law References: Georgia Mutual Aid Act, O.C.G.A. § 36-69-2 et seq.; Georgia Emergency Management Act of 1981, O.C.G.A. § 38-3-1 et seq.; Interstate Civil Defense and Disaster Compact, O.C.G.A. § 38-3-70; authority to adopt temporary or experimental regulations to cover emergencies or special conditions, O.C.G.A. § 40-6-371(a)(19).
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Article I. In General
Secs. 12-1--12-25. Reserved.

Article II. Emergency Management
Sec. 12-26. Definition.
Sec. 12-27. Local organization for emergency management.
Sec. 12-28. Local emergency management powers.
Sec. 12-29. Local emergency management financial assistance.
Sec. 12-30. Immunity of state and political subdivisions.
Sec. 12-31. Local emergency management agency plan.

ARTICLE I.

IN GENERAL

Secs. 12-1--12-25. Reserved.

ARTICLE II.

EMERGENCY MANAGEMENT

Sec. 12-26. Definition.

Emergency management means the preparation for the carrying out of all emergency functions other than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and damage resulting from emergencies, energy emergencies, disasters, or the imminent threat thereof, of manmade or natural origin. These functions include, without limitation, firefighting services; police services (public safety); medical and health services; rescue; engineering; warning services; communications; defense from radiological, chemical, and other special weapons; evacuation of persons from stricken areas; emergency welfare services; emergency transportation; (nuclear power) plant protection; temporary restoration of public service utility services; and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.
(Res. of 11-5-01, § I)
State Law References: Georgia Emergency Management Act of 1981, O.C.G.A. § 38-3-3.

Sec. 12-27. Local organization for emergency management.

In cases where a county has an organization for emergency management, such organization shall include participation by each city within the county unless the governing authority of any particular city elects to implement its own organization for emergency management. Any two or more of the above mentioned political subdivisions may, with the approval of the director, contract with each other so as to form one emergency management organization for the entire area included in the bounds of the contracting political subdivisions. The executive officer or governing body of the political subdivision is authorized to nominate a local director to the director of emergency management who shall have the authority to make the appointment. Upon appointment, the local emergency management agency director shall have direct responsibility for the organization, administration, and operations of the local organization for emergency management, subject to the direction and control of the executive officer or governing body and shall serve at the pleasure of such executive officer or governing body. The local director shall:

(1) Maintain an emergency office in a building owned or leased by the political subdivision and the director or designee shall be available or on call at all times beyond working hours;

(2) Develop in conjunction with public and private agencies/organizations that have responsibility for designated emergency support functions, plans for responding to and recovering from disasters and or emergencies;

(3) Respond to emergency scenes, command posts, and operation centers;

(4) Coordinate emergency response of public and private agencies and organizations;

(5) Attend training and meetings convened by the appointing authority or the state emergency manager director;

(6) Develop or cause to be developed in collaboration with other public and private agencies within the state, mutual aid arrangements, consistent with state plans and programs, for reciprocal emergency management aid and assistance in case of emergency or disaster too great to be dealt with unassisted; and

(7) Enter into mutual aid agreements, subject to approval of the governor, with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of emergency or disaster too great to be dealt with unassisted.
(Res. of 11-5-01, § II)
State Law References: Georgia Emergency Management Act of 1981, O.C.G.A. §§ 38-3-27, 38-3-29.

Sec. 12-28. Local emergency management powers.

Each political subdivision shall have the emergency management power and authority to: appropriate and expend funds; execute contracts; obtain and distribute equipment, materials, and supplies; provide for the health and safety of persons and property; including emergency assistance to victims; direct and coordinate development of local emergency management plans and programs in accordance with federal and state policies and plans; appoint, employ, remove or provide, with or without compensation; chiefs of services, warning personnel, rescue teams, auxiliary fire and police personnel, and other emergency management workers; establish a primary and one or more secondary control centers to serve as command posts; and acquire, temporarily or permanently, by purchase, lease or otherwise identify sites required for installation of temporary housing units and prepare or equip such sites.
(Res. of 11-5-01, § III)
State Law References: Georgia Emergency Management Act of 1981, O.C.G.A. § 38-3-27.

Sec. 12-29. Local emergency management financial assistance.

A county or municipality shall be entitled to receive federal disaster funds if the local emergency management organization has met all state and federal requirements to receive such funds. Qualifications include: legal establishment of an emergency management organization by local ordinance or resolution; a legally appointed local director who has been endorsed and appointed by the Georgia Emergency Management Director; an approved emergency and disaster plan with all applicable annexes; emergency support functions; and an approved fiscal year program and other necessary compliance documents.
(Res. of 11-5-01, § IV)
State Law References: Georgia Emergency Management Act of 1981, O.C.G.A. § 38-3-27.

Sec. 12-30. Immunity of state and political subdivisions.

Neither the state nor any political subdivision of the state, nor the agents or representatives of the state or any political subdivision thereof; shall be liable for personal injury or property damage sustained by any person appointed or acting as a volunteer emergency management worker or member of any agency engaged in emergency management activity. Immunity does not apply in cases of willful misconduct, gross negligence or bad faith.
(Res. of 11-5-01, § V)
State Law References: Georgia Emergency Management Act of 1981, O.C.G.A. § 38-3-35.

Sec. 12-31. Local emergency management agency plan.

The Wayne County Emergency Management Agency has developed, in partnership with local government and community agencies/organization which have primary responsibility for emergency support functions, an approved emergency management plan. A copy of this plan and/or major revisions are being submitted to the Georgia Emergency Management Agency by the local emergency management agency director, in coordination with the undersigned local government officials or legally appointed successors. It is understood that the Georgia Emergency Management Agency will review this plan for compliance with all federal and state requirements.
(Res. of 11-5-01, § VI)