-> SNETNEWS Mailing List --------- Begin forwarded message ---------- From: "A.C." <[EMAIL PROTECTED]> To: (Recipient list suppressed) Subject: OREGON'S The Mail Tribune: MEDFORD LOOKING CLOSELY AT MARTIAL LAW MEASURES Date: Thu, 04 Mar 1999 22:39:19 -0800 Message-ID: <[EMAIL PROTECTED]> As the reality of martial law approaches ever so surely, ever so close to home, in all quarters of the nation, it is so important to bring to our fullest awareness exactly what MARTIAL LAW would impose and how it would affect our lives. This article articulating the wishes of Medford's city fathers, is notable and succinctly clear, right here in the US of A., and not just in some distant banana republic or in merely any number of lawless narcocrasies worldwide. Just take a good and somber look at Medford's studiously written EMERGENCY POWERS Act and tell me there was not long deliberation on all dictatorial protocols listed within? Besides gun confiscation, the prohibition of citizens gathering, of alcohol, of transportation, note the "control of food and its distribution." Also observe carefully that "Fire Administration Chief Phil Kessler said the council directed staff to come up with an emergency management plan in 1995." 1995?? Aren't we to understand by this, then, that all our "current hyped dangers of terrorism, domestic and international, not to mention potential Y2K chaos," were in fact well known at least as early as 1995--or do I dare say...horror of horrors!...apparently systematically and methodically planned, years ago? Note also how private citizens, in the advent of "an emergency," however and whatever the anointed chieftains deem an emergency, perhaps even a "blight," could be compelled to house other citizens at the command of the town czar! Adding great insult, we the proletariat, must be subjected to the boring and well shorn excuse that all this pernicious business is ad nauseum in the name of "protecting the lives and property of your community...," and let us not forget it must be for the welfare of the children, naturally. ac http://www.mailtribune.com/ Feb. 18, 1999 Plan would allow city `martial law' Medford council considers measure today By JIM DAVIS Medford's city manager could establish a citywide curfew, prohibit public gatherings and close businesses under an emergency-powers proposal city leaders will consider today. Manager Michael Dyal would be granted those powers and others after declaring a "state of emergency" during disasters. "Why do you do all of this? To protect the lives and property of your community," Dyal said. "That's why all of this is in place." The proposal is part of the city's emergency management plan. Such laws are common, Dyal and other city officials said. But the ordinance raises "serious constitutional issues," said Bill Mansfield, a former city attorney and councilman who reviewed the proposal Wednesday. Mansfield pointed to the curfew and the prohibition against gatherings as well as a clause that would exempt city employees from liability if citizens die or are injured during the state of emergency. "It authorizes a city manager to become the czar," Mansfield said. Medford City Council will consider adopting the ordinance at its noon meeting today at Medford City Hall, 411 W. Eighth St. Medford Fire Administration Chief Phil Kessler said the council directed staff to come up with an emergency management plan in 1995. The emergency-powers ordinance portion of the plan defines an emergency as any human-caused or natural event, including fires, explosions, spills of hazardous materials, terrorism, riots or the interruption of public services. Under the state of emergency, the city manager would be granted authority to work with state organizations and to redirect city funds for emergency use. It also would grant power to the city manager to enforce "martial law" regulations upon the city's populace. Those include setting curfews, prohibiting gatherings and ordering evacuations. It also would allow the manager to stop the sale of alcohol and gasoline and the sale or carrying of weapons. It would give him power to turn off water, gas and electricity. Medford City Attorney Gene Hart, who drew up the ordinance, said it wasn't in response to the fear that computers will crash at the end of this year and cause turmoil throughout society. He said many cities already have similar laws. And he noted the ordinance has checks and balances. It would allow the council to vote to end the state of emergency, for example. Also, the ordinance has a "due process" clause that would allow any person "deprived of a liberty or property" to have a hearing before a city officer. Ashland adopted a similar law in 1997, said Paul Nolte, Ashland city attorney. "The declaration of martial law by local government has generally been upheld in courts in other states," Nolte said. Dyal said the curfew provision could be needed in case of rioting. "It is because, in an emergency, the police and fire departments are going to have their hands full," Dyal said. "They don't need people moving around the city taking advantage of situations." And he said that prohibiting the sale of alcohol and gasoline would prevent people from making Molotov cocktails. Mansfield said he has problems with several aspects of the ordinance. He said it's inappropriate for an appointed servant -- rather than an elected member of the council -- to be delegated that kind of authority. He also was concerned about the broad authority granted to the city manager. "I don't have any problem with a city crew blocking off the street because a hole could endanger public lives," Mansfield said. "This ordinance does more than that." Mail Tribune Copyright The Mail Tribune 1999, Medford, Oregon USA ________________________________________________________________________http:/ /www.mailtribune.com/ March 4, 1998 Southern Oregon's Online News service. Medford delays emergency law City Council wants closer look By JIM DAVIS The Medford City Council put off adopting a law that would give the city manager the power to establish curfews, prohibit public gatherings and close businesses during emergencies. Council members decided at their noon meeting Thursday to take a closer look at the ordinance. "I think we should deal with this in the future," said Councilman Sal Esquivel, noting that the mayor and two councilmen were absent. After the meeting, city staff members defended the law, saying that it creates a mechanism to finance emergency services and request aid during disasters. "You'll find the ordinance all over the country," said Medford City Manager Michael Dyal. The law would allow the city manager to declare a "state of emergency" in times of crisis such as -- but not limited to -- floods, fires, terrorism, earthquakes and hazardous-waste spills. The law also would give the city manager broad powers, including the authority to ban the sale of alcohol and gasoline and the sale or carrying of weapons. Bill Mansfield, a former city attorney and councilman, said he was troubled by what he called excesses of the ordinance. "This goes way too far," Mansfield said. "It threatens the right of people to congregate, it threatens the right of people to possess firearms, it threatens the right of people to operate a business." In Thursday's meeting, Medford Councilmen Skip Knight and John Michaels said the ordinance was misrepresented in an article in the Mail Tribune. Michaels said the newspaper was irresponsible, had taken a cheap shot and could have tied a story on the ordinance with "space aliens." Knight said he disagreed with an Ashland attorney's characterization of the ordinance as "martial law." He also criticized the Mail Tribune for speaking with Mansfield. Councilman Matt Hart said he was concerned about the ordinance being a slippery slope, and questioned some specifics in it -- such as blight being defined as an emergency situation. "I don't think there's enough oversight in this," Hart said. Council members then decided on the study session. After the meeting, Dyal, Fire Chief Dave Bierwiler, Police Chief Eric Mellgren and several other staff members held a news conference. Dyal said that in other communities where he has served, the power to declare emergencies was given to the mayor or to the council instead of the city manager. He said the ordinance could be changed to give elected officials those powers. Bierwiler said the intent behind the ordinance is to allow any city funds to be used for such things as overtime for firefighters and police officers. Bierwiler said the city tried to make the ordinance "all-encompassing." He said there is a reason for every provision. Curfews, for instance, could be used to calm riots. "We just don't know what the future holds," Bierwiler said. "We're just trying to prepare for anything." He said city staff will try to educate the public and the City Council about the law. Mansfield said he would be happier if the ordinance's power wasn't delegated to the city manager. But he said the ordinance still raised serious constitutional questions. "The ordinance must be read in terms of what it can do, not in terms of what the parties now intend it to do," Mansfield said. Polly Nelson of the American Civil Liberties Union in Eugene asked how the city would have the authority to declare "home rule." "I realize that they say other cities are doing it around the country, but how did those other cities get the authority to do it?" she said. Medford Senior Assistant City Attorney Ron Doyle said the city can take any police action that is allowable under the state and federal constitutions. Police Chief Mellgren said the ordinance gives the city a lot of power during disasters. "It doesn't mean that we will use it," Mellgren said. Mail Tribune Copyright The Mail Tribune 1999, Medford, Oregon USA __ Feb. 20, 1999 Section 1. Chapter 12 is added to the Code of Medford and shall read as follows: Chapter 12 EMERGENCY POWERS TABLE OF CONTENTS 12.010 Title 12.020 Definitions 12.030 City Manager Responsibility 12.040 Declaration and Ratification of Emergency 12.050 Authority of City Manager 12.060 Regulations of Persons and Property 12.070 Additional Powers During Emergency 12.080 Termination of State of Emergency 12.090 Due Process 12.010 Title. This chapter may be cited as the Medford Emergency Code. 12.020 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. 1. "Emergency" includes any human caused or natural event or circumstances causing or threatening: loss of life, injury to person or property, human suffering or financial loss, and includes, but is not limited to, fire, explosion, flood, severe weather, drought, earthquake, spills or releases of oil hazardous material, contamination, disease, blight, infestation, civil disturbance, terrorism, riot, or the interruption of public services. 2. "Emergency Management Plan" means that plan approved by the city manager pursuant Section 12.030 of this code. 3. "City manager" means the city manager or his designee. -- -- -- -- PAGE 2 12.030 City Manager Responsibility 1. The city manager is responsible for preparation and implementation of the Emergency Management Plan. The Emergency Management Plan shall provide policies and procedures for city response to and management of emergency situations and for the use of the powers delegated to the city manager by this chapter. The plan shall, at a minimum, provide for the following: (a) Emergency command and coordination of the appropriate response actions. (b) Communication systems. (c) Departmental responsibilities and procedures. 2. When the city manager determines that a state of emergency exists, the city manager shall make a written declaration to that effect and request the mayor to call a special meeting of the council at which the city manager shall report the declaration of emergency and inform the council of the status of the emergency situation and the measures being taken to deal with it. 12.040 Declaration and Ratification of Emergency. 1. The declaration by the city manager of a state of emergency shall: (a) State the nature of the emergency. (b) Designate the geographical boundaries of the area subject to the emergency controls. (c) State the duration of time during which the area so designated shall remain an emergency (d) State any special regulations imposed as a result of the state of emergency. 2. The city manager may amend or restate the declaration at any time to deal with new or unforeseen contingencies. Copies of the amended declaration shall be delivered to the mayor and council as soon as practicable. It is not necessary to have a special council meeting to consider an amended declaration unless a meeting is called by the mayor or two council members according to the council's Rules of Procedure. 12.050 Authority of City Manager. During a declared emergency, the city manager shall have authority to: 1. Exercise, within the area designated in the proclamation, all police powers vested in the city by the Oregon Constitution, city charter and city ordinances in order to reduce the vulnerability of the city to loss of ife, injury to persons or property and human suffering and financial loss resulting from emergencies, and to provide for recovery and relief assistance for the victims of emergencies. 2. Direct any department of the city to utilize and employ city personnel, equipment and facilities for the performance of any activities designed to prevent or alleviate actual or threatened damage due to the emergency, and may direct the departments to provide supplemental services and equipment to federal, state or local agencies to restore any services in order to provide for the health and safety of the citizens of the city. --- --- --- --- --- Page 3 3. Designate persons to coordinate the work of public and private relief agencies operating in such area and exclude from such area any person or agency refusing to cooperate with and work under such coordinator or to cooperate with other agencies engaged in emergency work. 4. Request the aid and assistance of any state or other public or quasi-public agencies in the performance of duties and work attendant upon the emergency conditions in such area. 5. Clear or remove from publicly or privately owned land or water, debris and wreckage which may threaten public health or safety, or public or private property. a. In exercising this authority the city manager may: i. Accept funds from the federal government, the state of Oregon or other public or private organizations for the purpose of removing debris or wreckage from publicly or privately owned land or water. ii. Present to the state of Oregon unconditional authorization for removal of such debris or wreckage from public and private property and, in the case of removal of debris or wreckage from private property, agree to indemnify the state government against any claim arising from such removal. b. Whenever the city manager provides for clearance of debris or wreckage pursuant to this section, employees of the City or individuals appointed by the city manager are authorized to enter upon private lands or waters and perform any tasks necessary for the removal or clearance operation. c. Except in cases of willful misconduct, gross negligence or bad faith, any employee or individual appointed by the city manager authorized to perform duties necessary for the removal of debris or wreckage shall not be liable for death of or injury to persons or property. 6. Redirect city funds for emergency use and suspend standard city procurement procedures. 12.060 Regulations of Persons and Property When a state of emergency is declared to exist, the city manager: 1. May order the following measures in the interest of the public health, safety, or welfare, in the area designated as an emergency area: a. Establish a curfew that fixes the hours during which all other than officially authorized personnel may be upon the public streets or other public places. b. Prohibit or limit the number of persons who may gather or congregate upon any public street, public place, or any outdoor place. c. Barricade streets and prohibit vehicular or pedestrian traffic, or regulate the traffic on any public street leading to the emergency area for such distance as necessary under the circumstances. d. Evacuate persons. e. Prohibit the sale of alcoholic beverages. f. Prohibit or restrict the sale of gasoline, or other flammable liquids. g. Prohibit the sale, carrying, or possession of any weapons or explosives of any kind on public streets, public places, or any outdoor place. h. Curtail or suspend commercial activity. i. Turn off water, gas, or electricity. --- --- --- --- PAGE 4 j. To control, restrict and regulate by rationing, freezing, use of quota, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, fuel, clothing and other commodities, materials, goods and services. k. Close all roads and highways in such area to traffic or limit the travel b~ such roads to such extent as the city manager deems necessary and expedient. l. Order such other measures necessary for the protection of life or property, or for the recovery from the emergency. 2. All orders issued under authority conferred by this chapter shall have the full force and effect of law during a state of emergency. All existing aws, ordinances, rules and orders inconsistent with this chapter shall be inoperative during the period of time and to the extent such nconsistencies exist. 12.070 Additional Powers During Emergency. During the existence of an emergency, the city manager may: 1.Enter into purchase, lease or other arrangements with any agency of the United States or the state of Oregon, Jackson County Housing Authority or private owners for temporary housing units to be occupied by disaster victims. 2.Accept or borrow funds from or passed through by the state of Oregon for temporary housing for disaster victims. 3. Upon determination that the city will suffer a substantial loss of tax and other revenues from a major disaster and that there is a demonstrated need for financial assistance to perform its governmental functions, apply to he federal and state government, or request the state to apply on the city's behalf, for grants and loans and to receive, on behalf of the city, such grants and loans. 4. Determine the amount needed to restore or resume the city's governmental functions, and to certify the same to the state of Oregon or the federal government. 12.080 Termination of state of Emergency. The city manager shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed. The state of emergency proclaimed by the city manager may be terminated at any time by resolution of the city council. 12.090 Due Process. Any person deprived of liberty or property by any order of the city manager pursuant to this chapter shall be entitled to an immediate= hearing before a city officer designated by the city manager to conduct such hearings. The hearing shall be held as soon as practicable after execution of the questioned order. The aggrieved party shall have the right to appear= in person and/or by counsel and may present evidence to support his/her grievance. The city shall present evidence in support of its action. The hearings officer shall determine whether the questioned action was lawful and proper, --- --- --- --- --- --- Page 5 and shall be empowered to restore any property or other rights of which the grievant was unlawfully deprived. The hearings officer shall not have authority to award or deny monetary compensation or damages. Claims for compensation or damages shall be made in the manner otherwise provided by law. PASSED by the council and signed by me in authentication of its passage this ---- -- day of 199-. ATTEST ________________________________________________________ Recorder ----------- Mayor APPROVED -----, 199-. ----------- Mayor Today's News Index Copyright The Mail Tribune 1999, Medford, Oregon USA --------- End forwarded message ---------- ___________________________________________________________________ You don't need to buy Internet access to use free Internet e-mail. Get completely free e-mail from Juno at http://www.juno.com/getjuno.html or call Juno at (800) 654-JUNO [654-5866] ------------------------------------------------------------------------ eGroup home: http://www.eGroups.com/list/piml Free Web-based e-mail groups by eGroups.com -> Send "subscribe snetnews " to [EMAIL PROTECTED] -> Posted by: Graham Denton <[EMAIL PROTECTED]>
