2.50.080 Department of Emergency Management – Establishment – Staffing – Oath – Prohibition of political activity.
A. There is established a Jasper County Department of Emergency Management within the executive branch of the Jasper County government for the purpose of utilizing to the fullest extent possible the personnel and facilities of existing County departments and agencies to prepare for and meet any disaster as defined in this chapter. The Jasper County Director of Emergency Management shall be responsible for its organization, administration and operation.
B. The Department shall consist of the following:
1. The Director of Emergency Management.
2. A Deputy Director appointed by the Director with the approval of the Jasper County Commissioners. The Deputy Director shall fulfill the duties of the Director in the absence or incapacity of the Director to serve and assist the Director in the performance of Director’s duties.
3. Emergency management volunteers, as deemed necessary and appointed by the Director. In addition to the other requirements in this section, the Director shall ensure that all volunteer personnel meet the following qualifications before being placed on the roster as a member of the Department:
a. Be at least 18 years of age or older;
b. Not be convicted of a felony; and
c. Have completed and have on file with the Department an application form.
4. The employees, equipment and facilities of all County departments and agencies suitable for or adaptable to emergency management and designated by the County to participate in emergency management activity.
5. Staff officers with responsibility for communications and warning, radiological, health and medical care, law enforcement, fire and search and rescue, public works and public information in accordance with the comprehensive emergency management plan.
6. Such assistants, clerical help, and other employees as deemed necessary and appointed by the Director in accordance with the comprehensive emergency management plan.
C. Pursuant to IC 10-14-3-27(a), no person shall be employed or associated in any capacity in any emergency management organization established under this chapter who:
1. Advocates a change by force or violence in the constitutional form of the government of the United States or the overthrow of any government in the United States by force or violence; or
2. Has been convicted of or is under indictment or information charging any subversive act against the United States.
D. Pursuant to IC 10-14-3-27(b), each individual who is appointed to serve in an organization for emergency management shall, before entering upon the individual’s duties, take a loyalty oath, in writing, before a person authorized to administer oaths in Indiana.
1. The loyalty oath shall be substantially as follows:
I, ___________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Indiana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; 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 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 a member of the County Department of Emergency Management 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.
2. In accordance with IC 10-14-3-27(c), the Director of the Indiana Department of Homeland Security and the Jasper County Emergency Management Director may administer this loyalty oath and may delegate the authority to administer the loyalty oath to designated deputies and assistants approved by the Director of the Indiana Department of Homeland Security.
E. Pursuant to IC 10-14-3-26, the Department shall not:
1. Participate in any form of political activity; or
2. Be employed directly or indirectly for political purposes.
F. The Jasper County Council shall not have any power of approval over particular candidates for any position, but the Jasper County Council shall have general statutory powers to determine the numbers of officers, deputies, and employees of County departments, classify positions, and adopt schedules of compensation pursuant to IC 36-2-5-3(a). Notwithstanding any other provision of this chapter, with the exception of the Director, a compensated position may not be established within the Department of Emergency Management nor shall any person be appointed to such position without authorization and sufficient funding from the Jasper County Council. [Ord. 5-25-06A § 3(C).]