Youngstown Daily Legal News

Bill designed to give counties more flexibility for emergency management plans

KEITH ARNOLD
Special to the Legal News
Published: July 10, 2017

In a move that would restore an aspect of local governance to Ohio counties, Sen. William Coley, R-West Chester, has proposed Senate Bill 103 to allow county boards of commissioners to work with a county sheriff or fire chief on emergency management plans.

The bill would clarify that, in addition to the continuing option to form the countywide emergency management agency under existing code, counties would have the option to contract with either a chief of a fire department with countywide jurisdiction or the county sheriff.

"In giving our county commissioners the choice, we are restoring local control on emergency management procedure," Coley told his Senate peers seated on the Local Government, Public Safety and Veterans Affairs Committee.

Under current law, each Ohio political subdivision must participate in either a countywide program for emergency management governed by a countywide emergency management agency established by the board of county commissioners of a county and the chief executive of all or a majority of the other political subdivisions within the county; a regional program for emergency management governed by a regional authority for emergency management established by the boards of county commissioners of two or more counties with the consent of the chief executives of a majority of the participating political subdivisions of each county involved; or a program for emergency management established by the political subdivision.

According to analysis provided by the Ohio Legislative Service Commission, a countywide emergency management agency is governed by an executive committee, consisting of at least the following seven members: a county commissioner, five chief executives representing the participating municipal corporations and townships and one non-elected representative.

The executive committee is required to appoint a director of emergency management who is responsible for coordinating, organizing, administering, and operating emergency management in accordance with the countywide agency's program.

The director may be an official or employee of any political subdivision entering into the countywide agreement with the exception of being the chief executive of any of the participating subdivisions.

Under SB 103, a board of county commissioners may establish a countywide emergency management program without the establishment of a countywide emergency management agency.

The board would enter into a contract with the county sheriff or fire chief with countywide authority in order to implement such a program, according to the commission's analysis.

"Such a contract cannot last longer than four years," Amanda Ferguson wrote for the commission. "After entering into the contract, the sheriff or fire chief must appoint a director of emergency management ... (who) must pursue and complete a professional development program in accordance with rules adopted by the director of Public Safety and coordinate, organize, administer, and operate emergency management in accordance with the program for emergency management, subject to the direction of the sheriff or fire chief."

Coley said the bill is similar to a pilot program he previously proposed.

"After requests from some groups and deliberation with local officials, I have decided that statewide application is appropriate to address gaps in interpretation of the current statute," he said, adding that the bill is a priority of the Buckeye State Sheriffs' Association.

Another provision of SB 103 would require all agencies, boards, and divisions that have emergency management functions within each political subdivision within the county to cooperate in the development of an all-hazards emergency operations plan and participate in an annual exercise.

County boards of commissioners would appropriate money from their general fund to meet its obligations under the contract, including those related to developing and maintaining a countywide public safety communication system, the bill detailed.

Two fellow senators joined Coley as cosponsors of the bill, which had not been scheduled for a second hearing at time of publication.

[Back]