§ 8.50.050. Emergency Services Organization.

The City's Emergency Services Organization and its corresponding powers, duties and responsibilities shall be as follows in conformance with State law:

A.

The Emergency Management Services Division of the Oakland Fire Department shall serve as the operational and organization center for the City's emergency disaster planning, response and recovery efforts.

B.

Mayor. During emergencies and disasters the Mayor shall be the official spokesperson for the City, establishing executive policies to manage the emergency and providing oversight and leadership during the response and disaster recovery process.

C.

City Administrator. During emergencies and disasters the City Administrator shall act as the Director of the Emergency Operations Center ("EOC"), and is empowered to exercise the following powers and responsibilities:

1.

Control and direct the work of the City's Emergency Organization for the accomplishment of the purposes of this Chapter. Direct cooperation between and coordination of services and staff of the Emergency Organization, and resolve questions of authority and responsibility that may arise between them.

2.

Represent this jurisdiction in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

3.

Proclaim a Local Emergency, when in the opinion of the City Administrator the circumstances indicate the existence or threatened existence of a Local Emergency. Whenever a Local Emergency is proclaimed by the City Administrator, the City Council shall take action to ratify the proclamation within seven (7) days thereafter, or the proclamation shall have no further force or effect. The City Council and City Administrator shall review the need for continuing the Local Emergency at least once every thirty (30) days until the City Council officially terminates the Local Emergency. The Local Emergency shall be terminated as soon as reasonably possible.

4.

Request the Governor to proclaim a State of Emergency when in the opinion of the City Administrator the circumstances are beyond the City's capacity to adequately respond to or recover from the emergency.

5.

In the event of the proclamation of a Local Emergency by the City Administrator, the proclamation of a State of Emergency by the Governor, or the existence of a State of War Emergency, the City Administrator, as the EOC Director, is hereby empowered:

(a)

To promulgate orders, rules, and regulations on matters reasonably related to the protection of life and property and the preservation of public peace and order, in accordance with Article 14 of California Emergency Services Act. Such rules and regulations must be confirmed at the earliest practicable time by the governing body as required by law;

(b)

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

(c)

To requisition necessary personnel or material of City departments and agencies, and to require emergency services of any officer or employee and, in the event of the proclamation of a State of Emergency in the county in which this City is located or the existence of a State of War Emergency, to command the aid of as many citizens of this community as deemed necessary in the execution of duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster services workers;

(d)

To execute all ordinary powers vested on the City Administrator, and all the special powers conferred by law, statute, and any other lawful authority, including those powers delegated to the City Administrator by ordinance, resolution, the Emergency Plan, and by any agreement approved by the governing body.

7.

The City Administrator shall designate representatives in the event the City Administrator is unavailable to attend meetings or otherwise perform her/his duties during an emergency, consistent with State law.

D.

Emergency Services Manager. During emergencies and disasters the Emergency Services Manager shall serve as the EOC Assistant Director and shall, under the supervision of the City Administrator and with the assistance emergency service personnel and officers, develop emergency plans and manager the emergency programs of the City. The Emergency Services Manager provides overall management of the City's Emergency Operations Center and shall have such other powers and duties as may be assigned by the City Administrator.

E.

City Departments/Agencies. During emergencies and disasters, designated City department representatives are responsible for directing and coordinating predesignated departmental functions as required by the Disaster Council and the Emergency Plan.

F.

All officers and employees of the City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons pressed into service pursuant to this Chapter, charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the City's emergency services organization. City employees, volunteers, and other persons who are charged with responsibilities under the City's emergency services organization, shall be considered disaster service workers as provided by law. City is responsible for ensuring all personnel assigned specific responsibilities in support of the City's emergency response and recovery plans are adequately trained, certified, and prepared to assume those responsibilities (Cal. Gov. Code § 3100).

(Ord. No. 13437, § 2, 6-20-2017)