2.48.040 Powers and duties of the director.

The director is empowered to:

(A) Direct the efforts of the emergency services organization within the city for the accomplishment of the purposes of this chapter, or of any other law, ordinance, or rules and regulations, relating to the preparation and implementation of emergency plans or programs now in effect, or as may be hereinafter adopted in accordance with law, by the city, the state of California or the United States of America;

(B) Request that the city council proclaim the existence of a local emergency, if it is in session, or to issue such proclamation of local emergency under his or her own authority if the council shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force and effect after the seventh day from the date of issuance;

(C) Request that the Governor proclaim a state of emergency when in the opinion of the director, the locally available resources are inadequate to cope with an emergency;

(D) Promote cooperation, and resolve questions of authority and responsibility that may arise, between agencies making up the emergency services organization, and coordinate the services of and direct staff within the emergency services organization;

(E) Subject to the approval of the city council, to enter into mutual aid agreements between the city and the county and other public agencies, or any corporation, individual, or group of individuals; provided, however, that any mutual aid contract entered into with any public agency, whose territory is located within the county of Napa, and any contract with any corporation, group of individuals or individual within the county, shall contain the express provision that in the event of a local emergency duly proclaimed by the city council or the director, the director shall direct all operations of the emergency services organization within the city so designated by said proclamation, and the director shall resolve all questions of authority or responsibilities that may arise between agencies responding to the proclamation of local emergency;

(F) Represent the city in all dealings with the public or private agencies on matters pertaining to emergencies;

(G) In the event of the proclamation of a local emergency as hereinabove provided, or the proclamation of a state of emergency or the existence of a state of war emergency, the director is empowered to:

(1) Make and issue rules and regulations on matters reasonably related to the protection of life and property affected by such emergency, provided, however, that such rules and regulations must be confirmed at the earliest practicable time by the city council.

(2) Obtain necessary supplies, equipment, and such other properties found to be lacking or needed for the protection of life and property, and to bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use.

(3) Require the immediate service of any city officer or employee and, in the event of proclamation of a state of emergency, or the existence of a state of war emergency, to command the aid of any citizen as he deems necessary in the execution of his duties. Such persons so impressed into such service shall be entitled to all the privileges, benefits, and immunities as are provided by law for registered disaster service workers.

(4) Requisition necessary personnel and materials from any department or agency of the city.

(5) Execute all of his ordinary powers as city manager, all of the special powers conferred upon him by the ordinance codified in this chapter, or by any resolution or emergency plan heretofore or hereafter adopted by the city council and all powers conferred on him by any statute, agreement or other lawful authority.

(6) In the event of a local emergency, the director or his duly authorized representative may order any person impeding the efforts of any emergency service personnel to leave the area designated as an area within which a local emergency exists. Refusal by any person to obey the lawful directions of the director or his duly authorized representative, or the hindrance or interference by any person with the lawful duties of any emergency service personnel shall constitute a misdemeanor and a violation of this code and shall be punishable in the manner provided by Section 1.24.040(A) of this code;

(H) The director shall designate the order of succession to that office to take effect in the event that the director is unable to attend meetings, or to otherwise perform his duties during an emergency.