Dubuque County Emergency Management - Approving Bylaws Authorization Copyrighted
March 5, 2018
City of Dubuque Consent Items # 6.
ITEM TITLE: DubuqueCountyEmergencyManagement-Approving By-
Laws and Authorizing Signature
SUMMARY: City Manager recommending approval of the Dubuque
County Emergency Management Commission Bylaws.
RESOLUTION Approving the Bylaws of the Dubuque
County Emergency Management Commission and
authorizing signature
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Dubuque County Emergency Management Commission City Manager Memo
Bylaws-NNM Memo
EMA Correspondence Staff Memo
EMA 2018 Bylaws Supporting Documentation
EMA Authorizing Resolution Resolutions
THE CITY OF Dubuque
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7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Dubuque County Emergency Management Commission Bylaws
DATE: February 26, 2018
Emergency Management Director Tom Berger recommends City Council approval of
the Dubuque County Emergency Management Commission Bylaws.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen��—�
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Tom Berger, Emergency Management Director
Kevin Firnstahl
From: Mike Van Milligen
Sent: Wednesday, February 14, 2018 1:26 PM
To: Kevin Firnstahl;Juanita Hilkin
Subject: FW: Dubuque County EMA Commission Bylaws
Attachments: EMAAuthorizing Signature Resolution.dooc; 2018 EMACommission Bilaws.doc
Importance: High
From:Tom Berger [mailto:Tom.Berger@DBQCOEMA.COM]
Sent: Wednesday, February 14, 2018 10:25 AM
To: Tom Berger<tom.berger@dbqcoema.com>
Subject: Dubuque County EMA Commission Bylaws
Importance: High
Good Morning Clerks—
Please see the email information below about the Dubuque County EMA Commission Bylaws. We updated our bylaws in
2014 and had the Chair and Vice-chair sign off on them at the approval of the commission. The state HSEMD is now
requiring that each municipality on the commission needs to sign off on the bylaws by resolution or other official
manner.
I have attached a copy of the bylaws and an example of a resolution that you can use to have your council approve the
bylaws and the mayor sign them (Thanks to Kevin Firnstahl!). Feel free to update this or use your own. If you could do
this at a near future council meeting and return the resolution page to me, I would appreciate it. By not having a
city/jurisdiction complete the resolution the FEMA Emergency Management Performance Grant (EMPG) could be in
jeopardy and that grant contributes an annual allocation of$39,000 for the operation of the commission and agency.
Please let me know if you have any questions. Sorry to send you a bunch of busy work, but that is what the State
HSEMD Administrator does to us!
Have a good day!
Thomas I. Berger, Director
Dubuque County Emergency Management Agency
14928 Public Safety Way
Dubuque, IA 52002-8216
Phone: 563-589-4170 Fax: 563-589-0015
tom.ber¢er@dbqcoema.com
From: Epps, Tracey [mailto:tracev.epps(c�iowa.eovl lowa
To: Benton06 qqq <bentoncountvema@fmtcs.com>; Buchananl0 [Outside] <bcem(c�indvtel.com>; Cedarl6 qqq
<ema(c�cedarcountv.org>; Clayton22 [Outside] <ema@clavtoncountvia.gov>; Clinton23 qqq <ckness(c�clintoncountv-
ia.gov>; Delaware28 [Outside] <delaware.co.ema@�mail.com>;Tom Berger<Tom.Berger@DBQCOEMA.COM>;
Jackson49 qqq <Imedinger@co.iackson.ia.us>;Jones53 [Outside] <ema(c�co.iones.ia.us>; Mike Goldberg
1
<mike.goldberg(c�linncountv-ema.org>; Scott82 qqq <scema@msn.com>
Subject: EMA Bylaws
I know some of you submitted bylaws last year or within the last 6-12 months. However, Chapter 29C and Admin Rules
state ALL commission membeis shall sign bylaws and we have to adhere to that You are receiving this email because I just went through
SharePointandfound:
Some are missing some commission member signatures,or Some have unsigned bylaws, or Bylaws are uploaded with no signature page, or
you don't have bylaws uploaded at all.
For those of you who have applied for EMPG grant dollazs,you and your commission chair certified you have bylaws in accordance to IAC
605 73(29C)(Eligibility Certification of EMPG Applicants)
The last paragraph of IAC 605 73(2)states...
The bylaws, as adopted,shall be signed by each member of the commission. The commission shall record the signed bylaws with the county
recorder and shall fonvard a copy of the bylaws to the director of the homeland security and emergency management department.
We realize some of your commission members aren't fully engaged so iYs difficult to get signatures.We would recommend you talk to your
commission chair or,if possible,direcTly to those commission membeis who are consistenTly absent and remind them of the legal obligation
they have as a member emergency management commission.
If you could get a signed copy of your bylaws uploaded to SharePoint by the end of March that would be greai!
If you have any questions,please feel free to call me.
Tracey
Tracey Epps
Iowa Department of Homeland Security and Emergency Management
Operations Division I Planning,Training and Exercise Bureau
JointForces Headquartersl6100 NW 78th AvelJohnston,IA 50131
Office: 515-725-3297IFax: 515323-4319
Click here to report this email as spam.
z
Prepared by Ke9li Firnstahl Cra erk 50 W;13 Street Qubuq ik,,:„520 0 563 589.4110
RESOLUTION NO. 49-18
APPROVING THE BYLAWS OF THE DUBUQUE COUNTY EMERGENCY
MANAGEMENT COMMISSION AND AUTHORIZING SIGNATURE
Whereas, the Dubuque County Emergency Management Commission establishes
bylaws to govern the operation of the Dubuque County Emergency Management Agency;
and
Whereas, these bylaws are adopted by the Dubuque County Emergency Management
Commission under Chapter 29C, Code of Iowa; and
Whereas, the Iowa Administrative Code 605 7.3(29C) states the bylaws, as
adopted, shall be signed each member of the commission; and
Whereas, the Commission requires updates to the bylaws be approved by each
municipality in Dubuque County as evidenced by official vote of the municipality and/or
by resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Dubuque City Council hereby approves the bylaws of the Dubuque
County Emergency Management Commission.
Section 2. The Mayor is authorized and directed to sign the bylaws on behalf of
the City of Dubuque.
Passed, approved and adopted this 5th day of March, 2018
r
Attest:
Kev'fi . Firnst. I, Ci y Clerk
Roy D. Buol, Mayor
Preparer and Return to: Thomas I. Berger, 14928 Public Safety Way,Dubuque,IA 52002(563)589-4170
BYLAW S
Dubuque County
Emergency Management Commission
The following Bylaws shall establish and govern the operation of the Emergency Management
Commission for Dubuque County, Iowa.
ARTICLE L NAME
SEc'rioN 1. The official name ofthis administration shall be the Dubuque County Emergency
Management Commission (hereafter referred to as the Commission). The name
used by the office of the Commission shall be Dubuque County Emergency
Management Agency(hereafter referred to as the Office of the Commission).
ARTICLE IL LEGAL STATUS
SEc'rioN 1. This Commission shall be a joint undertaking of Dubuque County and all its
incorporated municipalities and is established, created and operates under the
authority and with the powers set forth in the Federal Civil Defense Act of 1950
as amended, federal rule 44 CFR Part 302, Presidential Executive Order 12656 of
November 18, 1988, National Security Directive #259 of 1988, by the
administrative rules of the Iowa Homeland Security and Emergency Management
Division and by Code of Iowa. Chapter 29C and all acts amendatory.
SEc'rioN 2. It is the intention of the parties to this agreement that this Commission shall be a
legal entity according to Code of Iowa, Chapter 29C, and shall be recorded with
the Dubuque County Recorder.
Dubuque County Emergency Management Commission Bylaws—February 2018 Page 1 of 8
ARTICLE IIL MEMBERSHIP
SEc'rioN 1. The membership ofthis Commission shall be amember ofthe Board of
Supervisors, the Sheriff, and the Mayor for each city within the county. A
commission member may designate alternates to represent the designated entity.
For any activity relating to section 29C.17, subsection 2, or chapter 24 of the Iowa
Code, participation shall only be by a commission member or a designated
alternate that is an elected official from the same designated entity. Member
jurisdictions shall affirm their member and alternates to the Commission annually
in the month of January.
SEc'rioN 2. This provision is a"Notice of Information"to the political jurisdictions of the
county and its substance or consequence is not changed whether it is struck from
or remains in the Bylaws because the consequences of neglect of the duties of
care and trust far the protection of the people imposed by federal and state law for
public officials are not revoked by its presence or absence.
Any political jurisdiction not participating as an active member of the
Commission or not sharing in the costs of establishing and maintaining the
Commission and its agency are still considered a defacto member of the
Commission subject to the liabilities and obligations of the Commission wherever
litigation may be brought against the Commission.
ARTICLE IV. OPERATION
SEc'rioN 1. Commencement: Commencement of operations ofthe Commission shall be in
accordance to the bylaws upon its adoption by the commission.
SEc'rioN 2. Duration: The duration and existence of this Commission shall be perpetual or
until provision for termination is provided by the Code of Iowa and acted upon by
this Commission.
SEc'rioN 3. Dissolution: The Commission shall not be dissolved by any action other than that
caused by changes in federal and state laws dissolving or significantly
reorganizing the organization, structure and operational process of emergency
management. Upon dissolution ofthis administration, all assets ofthe
Commission shall be liquidated and distributed according on the decisions and/or
recommendations ofthe Commission.
SEc'rioN 4. Severability: Invalidation of any provision or application of these bylaws shall
not affect other provisions or applications.
Dubuque County Emergency Management Commission Bylaws—February 2018 Page 2 of 8
ARTICLE V. PURPOSE
SEc'rioN 1. The Commission is established for the protection of lives and property in time of
emergency, and for providing planning and coordination of Emergency
Management services countywide.
SEc'rioN 2. Paid and volunteer emergency response units are formed and trained under the
direction and control of the jurisdictions to which they respond. The Commission
promotes and coordinates cooperative agreements for mutual aid among these
units and among municipalities throughout Dubuque County.
SEc'rioN 3. The Commission promotes emergency management preparedness programs
among emergency response agencies and communities within Dubuque County.
SEc'rioN 4. The Commission appoints an Emergency Management Coordinator to act as an
agent of the Commission to develop and maintain a county wide emergency
management program including comprehensive hazard identification, capability
assessments and planning for all hazards disasters affecting this county.
ARTICLE VL COMMISSION POWERS AND DUTIES
SEc'rioN 1. Powers: The Commission shall have the power to do all things necessary to carry
out the guiding purpose and specific duties of the emergency management
program for its members, including risk management and crisis management, as
developed within limitations of the mitigation, preparedness, response and
recovery emergency management concepts.
SEc'rioN 2. Duties: The Commission shall provide the county and its cities with an emergency
management program of highest quality. An office of the Commission shall be
established and staffed adequately to fulfill this duty.
During non-emergency periods, the Commission membership shall provide
guidance and policies concerning the development of readiness for operating in
emergencies as outlined below:
1. Development of an Emergency Operations Center (EOC)facility, a
protected site from which key officials coordinate operations.
2. Development of EOC staffing and internal procedures to permit key
executives to conduct coordinated operations in emergencies.
3. Arranging for exercises to give key officials practice in directing
coordinated operations under simulated emergency conditions.
4. Providing knowledge and advice to operating departments on special
conditions and operating requirements that would be imposed by
natural or human caused disasters (e.g., effects oftornadoes, blizzards,
floods, or hazardous materials incidents).
Dubuque County Emergency Management Commission Bylaws—February 2018 Page 3 of 8
5. Coordinating and leading in development of local government
emergency operations plans, outlining which local resources and
supporting organizations are available both in natural and human made
disasters, and coordinating local organization for major emergencies.
6. Establishing a system to warn the public of disasters.
7. Establishing a system to alert key government officials.
8. Organizing a hazardous materials response plan by working with the
local emergency planning committee and the hazardous materials
response team.
9. Coordinating and advising on emergency communications planning,
operations and exercising of emergency communications systems.
10. Coordinating with public and private sectors to develop emergency
plans and capabilities as part of local emergency plans.
11. Establishing and maintaining a local shelter system in cooperation
with local support organizations.
12. Establishing,training and exercising the emergency public information
system to get advice and information to the public before, during and
after disasters (including establishing relationships with local news
media: radio, TV, and newspapers).
13. Coordinating with local human services offices, support organizations
and other volunteer groups to develop emergency welfare capabilities
to care for people needing mass care as a result of a disaster.
14. Coordinating and maintaining relationships with business and industry
to develop emergency plans and capabilities that are aligned with local
government emergency plans and the Dubuque County Local
Emergency Planning Committee (LEPC).
15. Assisting local operating departments with training needs.
16. Coordinating and participating in training programs for the public on
disaster preparedness.
17. Preparing, submitting, and justifying annual emergency management
commission budgets.
18. Securing matching funds, grants and other assistance available through
state and federal programs for use by the commission to carry out its
missions.
19. Coordination of resource management within political jurisdictions
throughout the county and with other state and federal agencies during
disasters or special event response operations.
20. Provide for procedures to coordinate disaster assistance programs with
regard to disaster aid far the public and private sector.
Dubuque County Emergency Management Commission Bylaws—February 2018 Page 4 of 8
21. Provide for any other emergency operations deemed necessary by the
state, county and city governments, which are within the policy and
scope of the Commission's responsibility as judged by the
Commission.
22. Provide for mutual use of resources (personnel,facilities, equipment)
between political jurisdictions within Dubuque County and other
counties in Iowa, to include IMAC, 28E or general mutual aid requests
for assistance.
23. To work with all Community Organizations Active in Disaster and
animal services groups on readiness and response activities.
ARTICLE VIL FINANCE
SEc'rioN 1. The Commission shall determine a method to apportion the costs of establishing
and operating the agency among its membership as established in Iowa Code
29C.17. The commission may request the County Board of Supervisors and each
municipality to provide their budgets far their apportioned share of the budget of
this commission. Traditionally, the Dubuque County Commission budget has
been funded by the 29C.17 subsection 4 which is a voluntary share allocation
reflecting the population of the City of Dubuque and Dubuque County.
SEc'rioN 2. The Commission or the Coordinator may enter into contracts and make
expenditures for services, administration, or planning in order to carry out the
purposes of this agreement. The EMA Coordinator will carry out the day-to-day
operations on behalf of the Commission.
SEc'rioN 3. The Commission or the Coordinator may cooperate with, contract with, and
accept and expend funds from federal, state, or local associations, public or semi-
public corporations or private individuals for emergency management projects
and activities consistent with federal, state, and local laws and these bylaws.
SEc'rioN 4. The county Board of Supervisors shall establish in the office of the County
Treasurer a Joint Emergency Management Commission Fund. The fund shall be
for the purpose of paying expenses relating to all emergency management matters
ofthe Commission and its agency.
1. All funds in the Commission account remaining at the end of the fiscal
year shall carry over into the neat fiscal year either as reserve funds,
encumbered funds or for general expenditure.
2. Any reimbursement, matching funds, or money received from the sale
of property obtained through the surplus property program, or monies
obtained from any source whatever in connection with the emergency
management program shall be deposited in the Joint Emergency
Management fund.
Dubuque County Emergency Management Commission Bylaws—February 2018 Page 5 of 8
3. Withdrawals of money for the Joint Emergency Management
Commission or its agency shall be made on checks drawn by the
county auditor and supported by claims signed by the Chair ar the
Vice Chair of the Commission and the Coordinator.
SEc'rioN 5. During the third quarter of each fiscal year, the Coordinator and the_Commission
shall consider a budget for the Commission and its agency for the ensuing fiscal
year and shall propose and adopt a budget no later than February 28th. During
this meeting only elected officials may vote on the budget as per Iowa Code 29.0
as amended and effective 7/1/2012.
ARTICLE VIIL RULES OF CONDUCT
SEc'rioN 1. Procedural rules: Other than those rules stated in this document,the business
meetings of the Commission shall be generally governed by Robert's Rules of
Order, Newly Revised insofar as possible.
SEc'rioN 2. Officers: The Commission shall elect each year from its membership, which may
include alternate members, a Chair and Vice-Chair to serve for a period of one (1)
year. There are no term limits. The one year term shall coincide with the
commission fiscal year and begin on July lsr
SEc'rioN 3. Secretary: The Coordinator shall serve as secretary to the Commission and shall
be responsible for records, minutes, documents, and all other matters pertaining to
the operation of the business meetings. The Coordinator may delegate duties to
other personnel appropriate to the conduct of the Commission's business.
SEc'rioN 4. Meetings: The Commission shall meet not less than twice a year to elect officers,
consider and adopt a budget, and carry on the business of the Commission. The
Commission shall also meet when called by the Chair, Vice-Chair or EMA
Coordinator.
SEc'rioN 5. The Commission may employ such employees, staff, and firms or consultants as it
may deem necessary to carry out the purpose of this agreement and for which it
has arranged funding.
SEc'rioN 6. Voting and Quorum: Every member of the Commission shall be entitled to one
vote, and a quorum shall consist of a minimum of eight(8)voting members in
attendance. A simple majority of the quorum present shall be sufficient to pass all
motions, resolutions, or other matters proposed. There will be no voting by proxy
or by representatives that have not been designated. All Iowa open meeting laws
will be complied with regarding the postings of agendas and meeting minutes.
At the annual budget meetings and for budget amendments, only elected officials
may vote on the budget or amendment. Since the Sherriff has no elected
alternates within the OfFice of the Sheriff,the Sheriff may not send an alternate to
Dubuque County Emergency Management Commission Bylaws—February 2018 Page 6 of 8
those meetings. All other municipalities shall be represented at the budget
meetings by only an elected official. At all other meetings that do not include
action on either the budget or on a budget amendment, a non elected alternate
may be sent and may vote for their municipality.
SEc'rioN 7. Amendments: The terms of these bylaws may be amended by a majority vote of
the Commission at any regular meeting provided that, under the Chair's authority
each individual member shall have been mailed or emailed an exact copy of each
proposed amendment.
ARTICLE IX. EMPLOYMENT PRACTICES
SEc'rioN 1. The Chair and/or Vice Chair of the Commission on a day-to-day basis will
supervise the position of Coordinator. Formal action on appointing, hiring,
discipline,termination and annual performance evaluations require a Quorum
vote.
SEc'rioN 2. The Coordinator will supervise any and all other position(s)within the
Emergency Management Agency and will conduct those subordinate employee
reviews no less than annually. Formal action on appointing, hiring, or termination
requires the approval of the Chair and Vice-Chair but not the full Commission.
SEc'rioN 3. All positions within the Dubuque County Emergency Management Agency are
employees of the Commission. The administrative offices of Dubuque County
facilitate the administration of the Commission employee salaries and benefits as
well as accounts payable and claims processes for the Commission and the
Agency. The salary and benefit structures will generally parallel those of the City
of Dubuque non-bargaining unit wage plans at grade GE-33. Unless otherwise
adopted by the EMA Commission, the human resource practices of Dubuque
County will be followed for Agency employees. The Commission and Agency
will provide insurance for equipment and assets purchased by the Commission or
Agency. Liability insurance for Commission members shall also be maintained
by the Agency for its employees and the Commission members.
These bylaws are hereby adopted and approved the Dubuque County Emergency Management
Commission, a municipality under Chapter 29C, Code of Iowa, as of this 6th day of May, 2014.
The bylaws have also been approved by each municipality in Dubuque County as attached by
official vote of the municipality and/or by resolution.
Dubuque County Emergency Management Commission Bylaws—February 2018 Page 7 of 8