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EXECUTIVE ORDER NO. 92-03

THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY

PHIL BREDESEN, MAYOR

Subject: Emergency Management

WHEREAS, the health, safety and well-being of the citizens of Metropolitan Nashville and Davidson County, Tennessee are threatened by a great many hazards including, but not limited to, natural, manmade, technological and war-related agents; and

WHEREAS, disaster and emergency mitigation, preparedness, response and recovery are vital functions of the Metropolitan Government; and

WHEREAS, there are a number of federal, state and local statutes and ordinances related to emergency management activities including, but not limited to, the Civil Defense Act of 1950, the Disaster Relief Act of 1974 as amended by the Stafford Act, the Housing and Urban Development Act of 1968, the Earthquake Hazard Reduction Act of 1977, the Superfund Amendments and Reauthorization Act of 1986, Metropolitan Code Sections 2.08.050-2.08.080 and Tennessee Code Annotated Sections 58-2-101 et seq.; and

WHEREAS, there are numerous federal, state, local and private organizations with emergency responsibilities; and

WHEREAS, a single office of Metropolitan Nashville and Davidson County government needs to coordinate, direct and otherwise promote disaster mitigation, preparedness, response and recovery;

NOW, THEREFORE, pursuant to the powers vested in me by Metropolitan Code Sections 2.08.050-2.08.080 and Tennessee Code Annotated, Sections 58-2-101 et seq: Executive Orders 88-04, 90-06 and any other official orders related to civil defense, emergency preparedness, and/or emergency management are hereby rescinded and the following is hereby enacted:

I. METROPOLITAN NASHVILLE AND DAVIDSON COUNTY OFFICE OF EMERGENCY MANAGEMENT CREATED

There is hereby created the Metropolitan Nashville and Davidson County Office of Emergency Management (hereinafter referred to as the Office of Emergency Management) which shall be an operation of the Metropolitan Government of Nashville and Davidson County for the citizens of the entire county. All other local emergency management and civil defense organizations within the corporate limits of Davidson County shall be considered a part of the county-wide emergency management resources. When such agencies operate outside these corporate limits, those operations shall be at the direction of, subordinate to, and as a part of the Office of Emergency Management.

II. AUTHORITY AND RESPONSIBILITIES

A. Authority: In accordance with federal and state law, the Office of Emergency Management is hereby authorized to coordinate and direct the regular services and organizations of the Metropolitan Government and the governments of all political subdivisions herein as may be necessary due to natural, technological, war-related or other manmade disasters and major emergencies which might occur affecting the lives, health, safety, welfare and property of the citizens of Davidson County.

B. Responsibilities: The Office of Emergency Management shall be responsible to promote, coordinate, and direct a comprehensive emergency management program which addresses mitigation, preparedness, response and recovery relative to disasters and major emergencies. The office shall serve as the focal point for all such activities conducted within the county.

This office shall be responsible for the development of a basic emergency management plan which provides a framework to coordinate the emergency plans of all departments and other organizations. This plan shall be consistent with state plans and shall be approved by the Mayor, the Tennessee Emergency Management Agency and the Federal Emergency Management Agency. Upon approval, this plan shall be reviewed, exercised and updated annually.

Other responsibilities include public information and education, promotion of mitigation activities, liaison with governmental agencies and other activities related to the establishment of a comprehensive emergency management program.

III. POSITION OF DIRECTOR, AUTHORITIES AND RESPONSIBILITIES

A.  Primary Authority: The position of Emergency Management Director is hereby created. The Director shall have the authority to request the declaration of the existence of an emergency by the Mayor.

The Director shall have overall authority for all aspects of the program, including soliciting support from public and private sources.

The Director is hereby given the authority to delegate such responsibility and authority as necessary to carry out the purpose of this executive order, subject to the approval of the Mayor, who shall oversee the office to insure an effective and efficient program.

B. Responsibility of the Director: The Director shall be responsible to the Mayor for the execution of the authority, duties and responsibilities of the Office of Emergency Management and for the preparation of all plans and administrative regulations relative to mitigation, preparedness, response and recovery.

IV. EMERGENCY MANAGEMENT COUNCIL CREATED

An Emergency Management Council is hereby created to advise and assist the Office of Emergency Management in the administration of its duties. This council shall be composed of representatives of each department, agency and commission of Metropolitan Government, as well as related volunteer, civic, business and industry representatives who shall be appointed by the Emergency Management Director and serve without compensation.

This council shall be chaired by the Director and establish rules and subcommittees as necessary to advise, assist and otherwise promote comprehensive, community-wide involvement in emergency management. This council shall recommend appropriate policies and procedures for inclusion in the Emergency Management Plan. During a major emergency or disaster, any or all members may be called on to coordinate and direct their organization's response and recovery efforts.

V. EMERGENCY SERVICES COORDINATOR POSITIONS CREATED

Each department, agency and commission executive of Metropolitan Government of Nashville and Davidson County shall appoint primary and alternate Emergency Service Coordinators (ESC's) as departmental representatives to serve on the Emergency Management Council. The ESC's so appointed shall be empowered with authority to negotiate departmental involvement in the Emergency Management Plan and to coordinate and direct all departmental response and recovery activities as designated in the plan, including simulated emergency exercises.

The ESC's and/or alternates shall be subject to being on call and available for emergency response at all times.

VI. SPECIAL SERVICES DIVISION CREATED

The Special Services Division of the Office of Emergency Management is hereby created. The Division shall be composed of volunteers to augment regular governmental and quasi-governmental organizations during periods of actual or threatened emergencies, search and recovery operations, and public events which would tax the resources of existing organizations.

The Director shall be responsible for overall supervision of the Division and shall establish membership requirements, duties and responsibilities.

VII. EXPENSES OF THE OFFICE OF EMERGENCY MANAGEMENT

Except as provided in Tennessee Code Annotated, Section 58-2-118, no person shall have the right to expend any public funds of Metro Government in carrying out any emergency management activity authorized in this document without the prior approval of authorized representatives of the Metropolitan Government of Nashville and Davidson County; nor shall any person have any right to bind Metropolitan Government by contract, agreement or otherwise without prior approval. The Mayor shall disburse such monies as may be provided annually by appropriation of Metropolitan Government for the operation of the Office of Emergency Management. Control of disbursements will be according to established procedures for Metropolitan Government. All funds shall be disbursed upon vouchers properly executed and subject to audit by the State of Tennessee and/or federal government.

Pursuant to Tennessee Code Annotated, Sections 58-2-124 and 125, the Emergency Management Director is authorized to receive, for purposes of civil defense, federal or state contributions of supplies, equipment, materials, funds or services and similar private contributions, such contributions becoming liable for audit by Metropolitan Government.

Ordered this 6th day of February 1992.

Philip Bredesen
Mayor