Subtitle 6. Emergency Management

The intent of this Subtitle is to provide for the preparation and carrying out of plans for the mitigation of, preparation for, response to and recovery from disasters and major emergencies for the emergency management of persons and property within the County in the event of an enemy attack, sabotage or other hostile action, or from fire, flood, earthquake, hurricane, or other natural causes, and to provide for the coordination of the emergency management functions of the County with all public agencies and their various departments, with other Counties, cities and political subdivisions, and with private agencies, organizations, persons and corporations of every type to insure the complete and efficient utilization of all facilities available to combat any disaster or emergency.

The Office of Emergency Management created by this Subtitle shall be the coordinating agency for all activity of the emergency management program, and during a period of attack, terrorist act or natural disaster it will act as the instrument through which the County Executive may exercise the authority and discharge the responsibilities vested in him by this Subtitle.

This Subtitle shall not relieve any County department of the normal responsibilities of authority ascribed to it, nor will it adversely affect the work of the American Red Cross or other volunteer agencies dedicated to disaster relief activities.

As used in this Subtitle:

The County Executive may exercise the emergency power and authority as specified in this Subtitle.

Under the following circumstances, the County Executive may assemble and utilize the emergency management forces and may prescribe the manner and condition of their use:

During any period when attack or emergency in the County is imminent or when the County has been subjected to attack or emergency, the County Executive may promulgate such reasonable regulations as he deems necessary to protect life and property and preserve critical resources. Such regulations may include, but shall not be limited to, the following:

The County Executive shall order emergency management forces to the aid of other communities in accordance with the Statutes of the State. The County Executive may request the State, or political subdivisions of the State, to send aid to the County in case of natural disaster or in case of disaster resulting from attack or emergency when conditions in the County are beyond the control of the local emergency management forces.

When obtaining formal approval would result in delay of attack-relief activity, the County Executive may, until the Council convenes, waive procedures and formalities otherwise required pertaining to the performance of public works, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase and distribution of supplies, materials and facilities, and expenditures of existing funds. The Council is also empowered to waive any such procedures and formalities.

Whenever the County Executive finds that any condition in the County has attained, or threatens to attain, the proportions of a natural disaster, the County Executive may assemble and utilize emergency management forces and may prescribe the manner and conditions of their use. The County Executive, when deemed in the public interest, may send emergency management forces of the County to the aid of other communities stricken by natural disaster when such disaster is affecting the health, welfare or security of the stricken community; provided, that after the County Council convenes, the further continuance of any such natural disaster relief and the period thereof, shall be subject to the action of the County Council.

The County Executive may make regulations permitting the conduct of practice air raid alerts or tests of the Emergency Management Organization. Such regulations shall be filed with the County Council and shall be binding upon the emergency management forces.

Neither the County nor any of its agencies, agents or representatives engaged in any emergency management activities, while complying with or attempting to comply with the rules and regulations promulgated pursuant to the provisions of this Subtitle, except in cases of willful misconduct, shall be liable for the death or injury to any person or damage to any property, as a result of such activity.

Any person owning or controlling real estate or other premises who voluntarily and without compensation grants the County the right to inspect, designate and use the whole or any part of the premises or real estate for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural disaster shall not be civilly liable for the death or injury to any person on or about the real estate or premises under license, privilege or other permission or for loss of or damage to property of such person.

The provisions of this Section shall not affect the right of any person to receive benefits to which he would otherwise be entitled to under this Subtitle, or under the Workmen's Compensation Law, or under any pension law, nor the right of any person to receive any benefits or compensations under any act of Congress.

All emergency management and disaster relief functions of the County shall be coordinated to the maximum extent possible with comparable functions of the State, Federal and local governments, including their various departments and agencies, and with private agencies of every type, to the end that the most effective preparation and use can be made of the County's manpower resources and facilities for dealing with any disaster or emergency that may occur.

The Director of the Office of Emergency Management may, subject to the approval of the County Executive and County Council, develop, cause to be developed, or enter into mutual aid agreements for reciprocal emergency management aid and assistance in case of a disaster too great to be dealt with unassisted. The agreements shall be consistent with the Washington Metropolitan Area and State emergency management plans and programs. In case of emergency it shall be the duty of each local organization for emergency management to render assistance in accordance with the mutual aid agreements.

The Director of the Office of Emergency Management may, subject to the approval of the Governor, enter into mutual agreements with Emergency Management agencies or organizations in other States for reciprocal emergency aid and assistance in case of a disaster too great to be dealt with unassisted.

No person shall display any identifying emergency management insignia for any purpose other than that for which it was intended, or under circumstances not authorized by the Director of the Office of Emergency Management.

No person shall wear or display in any manner any insignia, sign or device purported to be a emergency management insignia, except when such insignia has been duly issued by the Office of Emergency Management and is displayed in accordance with regulations established by the Director of the Office of Emergency Management.

The Emergency Management Organization shall consist of the following:

The Office of the Director of Emergency Management is hereby created.

The Director shall be appointed by the Governor pursuant to the provisions of Article 16A, Section 7 of the Annotated Code of Maryland, upon the recommendation of the County Executive.

Prior to submission to the Governor, the County Executive shall secure the concurrence of the County Council with his recommendation in the manner set forth in Section 322 of the Charter.

The Director shall serve at the pleasure of the County Executive and the County Council.

The Director shall be a qualified and competent person experienced in public safety, disaster relief, or similar activities.

The Director shall perform the duties imposed upon him by this Chapter and all other duties as delegated by the County Executive.

The Director of Emergency Management shall be responsible for and have general direction and control over the Emergency Management Organization.

The Director is authorized and empowered:

All officers and employees of the departments, commissions, boards, institutions and other agencies of the County government designated by the County Executive as emergency management forces shall cooperate with the Director in the formulation of the emergency management plan, and shall comply with the orders of the Director of Emergency Management when such orders are issued pursuant to the provisions of this Subtitle.

All such emergency management forces shall apprise the Director of conditions in the County resulting from attack, natural disaster or civil emergency, and shall notify the Director of any condition threatening to reach the proportions of a natural disaster.

Failure to notify the Director of Emergency Management as required in Subsection (b) of this Section shall not prevent the Director from exercising any authority assigned to him in this Subtitle or delegated to him by the County Executive.

The Director may at any time appoint or authorize the appointment of volunteer citizens to augment the personnel of any County activity in time of emergency management emergency. Such volunteer citizens shall be enrolled as emergency management volunteers in cooperation with the heads of the County departments affected, and shall be subject to the rules and regulations set forth by the Director of such volunteers.

The Director may also appoint volunteer citizens to form the personnel of an emergency management service for which the County has no counterpart, or to temporarily augment personnel of the County engaged in emergency management activity.

The Emergency Management Organization established under this Division, shall not participate in or be employed directly or indirectly in any political activity or for any political purpose.

No person shall be employed or directly associated with the Emergency Management Organization in any capacity who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or of this State, or of this County, or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States.

All County employees may participate or refrain from participating in partisan political activity. County employees shall not engage in partisan political activity during their hours of employment.

There is hereby created an Emergency Management Council which shall be composed of seven (7) members, as follows:

After proclamation of an emergency, the County Executive may order a general curfew applicable to such geographical areas of the County or to the County as a whole, as deemed advisable, and applicable during such hours as deemed necessary in the interest of the public safety and welfare.

After proclamation of an emergency, the County Executive may also, in the interest of public safety and welfare, make any or all of the following orders:

During the existence of a state of war involving the United States, the County Executive, subject to the approval of the necessary State or Federal authorities, is authorized to prepare for the evacuation from the County, or any part thereof, all persons they determine necessary for public safety. For this purpose the County Executive shall negotiate with the proper authorities of any State of the United States, the District of Columbia, or any subdivision thereof, to provide for the reception, housing, maintenance, and care of evacuees. The Director of the Emergency Management Organization shall prepare all necessary plans for the conduct of such evacuation. When the public interest or the safety of such persons creates the necessity the County Executive may order and compel, subject to the approval of the Secretary of Defense, and any such persons designated by the Secretary of Defense, the evacuation from the County of any such persons to such place as the County Executive may designate. For the purpose of compelling evacuation, the County Executive may authorize custody by the authorized special police of any person, which custody shall be effective until the point of destination has been reached.

As used in this Division:

Within thirty (30) days after first entering upon the duties of his office, the County Executive, each member of the Council, the Clerk, the Director of Finance, the County Attorney, and each Judge of the Circuit Court shall, in addition to any duly authorized deputy, designate such number of emergency interim successors to his office and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three (3) duly authorized deputies or emergency interim successors or combination thereof for the office.

The Council shall within the time specified in Subsection (a) of this Section, in addition to any duly authorized deputy, designate for appointive officers including the Chief Administrative Officer, Chief of Police, Fire Chief and Health Officer such number of emergency interim successors to these officers and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three (3) duly authorized deputies or emergency interim successors or combination thereof for each officer.

The incumbent in the case of those elective officers specified in Subsection (a) of this Section, and the Council in the case of those appointive officers specified in Subsection (b) of this Section, shall review and, as necessary, promptly revise the designations of emergency interim successors to insure that at all times there are at least three (3) qualified emergency interim successors or duly authorized deputies of any combination thereof for each officer specified.

No person shall be designated or serve as an emergency interim successor unless he may under the Constitution and Statutes of this State and the Charter or Ordinances of this County, hold the office of the person to whose powers and duties he is designated to succeed. No provision of any ordinance prohibiting an officer or employee of this County from holding another office shall be applicable to an emergency interim successor.

Any person designated as an emergency interim successor holds that designation at the pleasure of the designator; provided that he must be replaced if removed. He retains this designation as emergency interim successor until replaced by another appointee of the authorized designator.

In the event of an attack:

Department means the Prince George's County Office of Public Safety Communication.

First Responder means an individual dispatched to assist a member of the public through a 9-1-1 system subject to Section 6-148. It includes an individual who provides the Police Department, Fire/EMS, Mobile Crisis Response, Sheriff Department, and Municipalities with information about another individual regarding certain behaviors, diagnoses, or traits of individuals with special needs.

9-1-1 Specialist means an employee of a County public safety answering point whose duties and responsibilities include: receiving and processing 911 requests for emergency services or dispatching law enforcement officers, fire rescue services, emergency medical services, and other public safety services to the scene of an emergency.

The Department shall maintain an Emergency 9-1-1 Voluntary Call Registry that enables an adult, parent, or guardian of a minor child, or individual with guardianship of the person to provide information to the Department via the registry to alert First Responder(s) encountering a registered individual that the individual:

Participation in the Emergency 9-1-1 Voluntary Call Registry program under this Division does not create a private cause of action.

The Department shall provide information to the public about the program and inform the public about how to register for the program.

Any adult, parent, guardian of a minor child, or individual with guardianship of the person who provides information for the registry shall use the form provided by the Department, certify to the accuracy of the information provided, and agree to notify the Department of any changes using the form provided by the Department.

Maryland State Police;

Maryland Park Police;

Bladensburg;

Bowie;

Greenbelt;

Hyattsville;

Laurel; or

Riverdale Park.