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					  COUNTY

EMERGENCY

MANAGEMENT

 HANDBOOK
                                      A TEAM EFFORT

A special thanks to the collaborative effort between the Emergency Management Association of
Ohio and the Ohio Emergency Management Agency. The term ―Synergy‖ is described as the
whole is greater than the sum of the individual parts. Together, a better document has been
produced than either could have derived alone. We (collectively) are in the business of
promoting public safety and emergency management principles in Ohio and thus have a very
close relationship in the training and mentorship of emergency management personnel in Ohio.

The project was a result of the hard work by:

Buck Adams – Medina County
Gerry Beckner – Guernsey County
Rudi Blaser – Ohio EMA
Lisa D'Allessandris – Clark County
Cathy Deck – Ohio EMA
Disaster Recovery Branch – Ohio EMA
Andrew Elder – Ohio EMA
Steven Ferryman – Ohio EMA
Ted Filer – Ohio EMA
Brian Galligher - Delaware County
Tom Kelley – Lorain County
Rich Lauffer – Ohio EMA
Bob Lavender - Delaware County
Alla Magaziner-Tempesta – PUCO
Sean Miller - Delaware County
Darren Price – Ohio EMA
Jamie Stout – Franklin County
Sue Vance – Coshocton County
James Van Horn – Coshocton County
John Wise – Wayne County




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                        TABLE OF CONTENTS

Executive Overview                                          1
Scope / Purpose                                             2
Phases of Emergency Management                              2
Laws and Authorities                                        3
  Establishment of Emergency Management                     5
  Other General EMA Laws                                    5
  Local Government                                          6
  Who Can Declare, What Can you Declare, and What It Does   8
  Example Local Emergency Proclamation                      11
Duties of Emergency Management                              12
Funding                                                     14
  Emergency Management Performance Grant                    14
  Homeland Security Grant                                   15
  State Emergency Response Commission/Local Emergency       16
   Planning Committee
  PUCO Hazardous Materials Training Grant                   17
  USDOT Hazardous Materials Emergency Preparedness Grant    18
Planning                                                    18
Training                                                    21
  County Director’s Requirements                            21
  Professional Development Series                           22
  Advanced Professional Series                              22
  Certified Emergency Managers                              23
  National Domestic Preparedness Consortium                 24
Exercise                                                    25
MACS/Emergency Operations Centers                           28
Resource Management                                         30
  IMAC                                                      31
  EMAC                                                      31
  Ohio Fire Service ERS                                     31
  Ohio Law Enforcement Response Plan                        31
Volunteer Management                                        32


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Donations Management                                33
Public Information (Media and Open Government)      34
 Dealing with the Media                             34
 Open Government                                    35
Disaster Recovery                                   36
Damage Assessment                                   37
Debris Management                                   40
Mitigation                                          42
 Mitigation Planning                                42
 Mitigation Projects and Actions                    43
 Mitigation Regulations                             43
Continuity of Operations/Continuity of Government   45
National Incident Management System                 47
 NIMSCAST                                           49
 NIMS Implementation Resources                      49
Suggested Organization of a County File System      50
Emergency Management Association of Ohio            51
Ohio Emergency Management Agency                    52
Timeline of Requirements                            56
Records Retention                                   58
Appendix A – ORC5502.26Agreement Example            59
Appendix B – ORC 5502.26 By-Laws Example            62
Appendix C – ORC 5502.271 Resolution Example        66
Appendix D – OAC 4501:3-3-01 Agreement for a ORC    69
5502.271 EMA
Appendix E – Resource MOU Example                   73
Appendix F – State Laws Associated with Emergency
Management




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                                    EXECUTIVE OVERVIEW

        The purpose of this document is to provide information to a County Emergency Management
Agency (EMA) Director (and others), describing the duties and roles of his/her job. We hope you
will find this Handbook helpful, and that it improves your ability to coordinate the county’s
mitigation, preparedness, response, and recovery programs. The Emergency Management Agency
(EMA) is not a replacement for the police, fire, ambulance, or other community emergency response
groups, but rather a system for coordinating, supporting, and managing emergency response.
Basically, each Emergency Management Agency in Ohio coordinates and supports local response
and recovery in an emergency and works in pre-disaster times to prepare their community for
disasters.

        Most government offices are established and guided by laws. It is imperative that you, as the
Emergency Management Director, understand how to find, read, and comprehend these laws.
Misinformation exists that can only be dismissed if you go to the source vs. word of mouth. As you
go through the Handbook, you will see inserted references to laws, guidance documents, or training,
where applicable. The enabling statutes (laws created by elected officials) are gathered into a
compilation called the Ohio Revised Code (ORC), in this Handbook, we have cited the numerical
and the verbiage directly from the title of the law as we go through the Handbook.

       According to Ohio Revised Code, each jurisdiction must have an emergency management
program that consists of an Emergency Management Director who must pursue training, have an
Emergency Operation Plan, and conduct an annual exercise of the plan. The importance of an
emergency management program becomes apparent during times of emergency. When a disaster
happens, it is too late to write comprehensive plans, train personnel, or establish complex emergency
response systems.

         No area in Ohio is immune from severe weather, acts of terrorism, or a hazardous materials
spill incident. Emergency management is a team approach and it takes the involvement of the entire
community to construct a comprehensive program. The emergency management program helps
everyone in Ohio be prepared. It improves everyone’s protection when disasters strike, by ensuring
that all emergency response groups know which jobs they are expected to fulfill. The investments
that are made now, to strengthen our emergency management capability, will be repaid many times
over.

        Every County Emergency Management Director should understand the four phases of
emergency management (mitigation, preparedness, response, and recovery) and be prepared to
explain his or her agency’s role and responsibilities during each phase. All of these are detailed in
depth through FEMA Independent Study Courses: IS-1 Emergency Manager, an Orientation to the
Position and IS-230 Principles of Emergency Management. Additionally, all those in the emergency
management field should attend the ―Introduction to Emergency Management‖ course as quickly in
your career as possible, as it lays an excellent foundation on which to grow.

        It should also be noted that there is no substitution for experience, and mentoring is truly a
must in emergency management. If you have questions, please contact one of the following: a
neighboring county director, your OEMA Field Liaison, or a member of the Executive Group of the
Emergency Management Association of Ohio (EMAO). During a disaster is not the time to start
asking questions.



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                                           SCOPE/PURPOSE

       To provide EMA Directors with sufficient reference and source material to coordinate,
develop, and manage a successful program of emergency management in a county.


                        PHASES OF EMERGENCY MANAGEMENT

    Starting with World War II, emergency management focused primarily on preparedness. But
being prepared is only one of four phases of comprehensive emergency management. A
community also has many opportunities to deal with emergencies before they strike, and a
responsibility to aid in recovery after a disaster. The four phases are:




   1.   Mitigation
   2.   Preparedness
   3.   Response
   4.   Recovery




        The four phases of comprehensive emergency management appear in a circular
relationship to each other. Each phase links to the others. Activities in one phase may overlap
those in the previous. Preparedness moves swiftly into response when disaster strikes. Response
yields to recovery at different times, depending on the extent and kind of damage. Similarly,
recovery should help trigger mitigation, motivating attempts to prevent or reduce the potential
for a future disaster. The disaster phases have no beginning or end, so recognition of a threat can
motivate mitigation efforts, as well as an actual incident.
        Mitigation includes activities that eliminate or reduce the chance of occurrence or the
effects of a disaster. FEMA pre-disaster mitigation programs have shown that communities can
do a lot to prevent major emergencies or disasters from affecting them negatively. If
communities cannot prevent disasters, they can at least reduce the damaging impact. Examples
of mitigation measures:
           1. Requiring roof reinforcements will reduce damage from strong winds.
           2. Preventing new construction in floodplains or elevating existing structures can
              reduce the chance of flood damage to homes.
         Preparedness is planning how to respond when an emergency or disaster occurs, and
working to marshal the resources to respond effectively. These activities help save lives and
minimize damage by preparing people to respond appropriately when an emergency is imminent
or hits. To respond properly, a jurisdiction must have a plan for response, trained personnel to


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respond, and necessary resources with which to respond. Often this is referred to as PTE or
plans, training, and exercise. Based on the plans, we conduct training. We then exercise, based
upon the plans and training, to find deficiencies, to again update the plan, and the preparedness
cycle starts over again.
        Response covers the period during and immediately following a disaster. During this
phase, public officials provide emergency assistance to victims of the event and try to reduce the
likelihood of further damage. Your local fire department, police department, rescue squads, and
emergency medical service (EMS) units are primary responders.
        Recovery continues until all systems return to normal or near-normal operation. Short-
term recovery restores vital life-support systems to minimum operating conditions. Long-term
recovery may go on for months—even years—until the entire disaster area returns to its previous
condition, or undergoes improvement with new features that are less disaster-prone. For
example, a town can relocate portions of its flood-prone community and turn the area into open
space or parkland. This illustrates how recovery can provide opportunities to mitigate future
disasters.

                                  LAWS AND AUTHORITIES

        As stated in the introduction, it is imperative that emergency management directors
understand the Laws, Rules and Policies that guide government. We are not recommending that
we, collectively, become lawyers, or believe we can practice or interpret law as one. Sometimes
laws have additional pertinent information that is not included in the on-line listing, such as court
cases that further define the issue at hand. It is still recommended to involve the County
Prosecuting Attorney’s Office and potentially the Ohio EMA Attorney General’s Office Lawyer;
but, by understanding we can help guide and at least ask reasoned questions of our legal
providers. Can you answer and prove who, in your jurisdiction, has the authority to cause
evacuations or ration gas?

         You will find during your career that a large amount of wrong information is used and
then spread by people that could have implications. A perfect example of this situation is a
term commonly known as ―home rule‖. Home Rule is described in the Ohio Constitution as a
means of establishing how government works. It is further defined in the Ohio Revised Code or
ORC; however, counties (except Summit and Cuyahoga) do not possess ―home rule‖ status. In
fact, the County Commissioners Association of Ohio Handbook (a must read that is on the
CCAO website) clearly states (Section 1, Chapter 1.03) that counties do not possess home rule
status (again the exception of Summit and Cuyahoga). Often Home Rule is used synonymously
with the term ―self governance‖. Cities and Villages have self governance abilities. However,
you still hear many public officials throw around counties with home rule without understanding
what home rule means, even without regard to the fact it has little to do with county government!

        Let us first start with defining the difference between the alphabet soup of USC, CFR,
ORC, OAC, etc… The State of Ohio Legislature creates laws that are enabling statutes. The
laws are placed into the Ohio Revised Code (ORC). Thus, the Ohio Revised Code can only be
changed by the Ohio Legislature. You can often follow these documents before they become
law as a Senate Bill or House Bill with a numerical designation for the given year it was


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introduced. Once passed and in the ORC, they are numbered in a manner of ORC ―Title‖ or
grouping and then the further defining number a decimal and then the exact law number. The
ORC that contains many emergency management laws is ORC 5502.

Title 55 is ―Roads, Highways, and Bridges‖ (not always the best definition…).
ORC 5502 is ―The Department of Public Safety‖ (we are getting closer…).
ORC 5502.21 is ―Emergency Management Definitions‖.

         Often, the ORC is vague or does not completely explain what is being addressed. The
Executive (State Agencies, Boards, and Committees) has the ability to fill in these gaps. The
Executive creates the Ohio Administrative Code (OAC). The Ohio Legislature does not write
the OAC, State Agencies do! Does this mean the OAC is lesser laws? No, they are the rules, or
how to meet the intent of the ORC they refer to, that we must follow. However, State Agencies
cannot create laws ―willy-nilly‖, but fit within the confines to further define the ORC if needed.
Strict laws are in place on how this is done, which can be found in ORC 119. An example is that
ORC 3750.08 discusses the need to turn in a chemical inventory form and OAC 3750-20-10
further defines how to calculate threshold planning quantities for the form. Often the numbers of
the OAC mirror the ORC. Unfortunately, for emergency management, they do not – ORC 5502
and OAC 4501.

        Now throw in one more option, if the laws are still ―fuzzy‖, or do not cover a
circumstance, a person (your local county prosecutor) may ask the Ohio Attorney General to
give an opinion. These opinions, although not law, are often followed as law due to if
challenged; the courts would most likely side with the AG. These AG opinions can be found on
the AG’s website. An example often cited is AG Opinion 87-099 that discusses who has the
right to cause certain evacuations. The Ohio Supreme Court determines if laws are constitutional
(you should at least peruse the Ohio Constitution), follow federal laws (we are a republic after
all), and if the OAC does detriment the ORC. Why is all this important? First, you must make
sure when you are researching that you check all options and not just the ORC. Also, if you
wish to make changes, you need to understand where to start. It would be much easier to go
through ORC 119 to make changes to get what you want in the OAC, vice trying to get the Ohio
Legislature to pass laws…

        The Federal Government pretty much follows the same setup, or Ohio follows the
Federal Government. Congress creates laws that are located in the US Code or USC. The
Federal agencies create laws to further explain the USC through the Code of Federal Regulations
or CFR. Federal agencies also must follow strict guidelines to create CFRs. Agencies also
create a myriad of other policies or circulars that are often viewed as law as they may try to
explain USC or a CFR. An example is a circular that is often cited in grants as a ―you better
follow like it is law‖ in the Office of Budget and Management 133. The last item to reference is
the Presidential Directive. An example is Homeland Security Presidential Directive 5, which
created the National Incident Management System. The President only has control over the
Executive, not local government. So why are we doing NIMS? The President has control of
Executive Departments, such as the Federal Department of Homeland Security, that releases
grants to local governments. These departments then tie the requirements of meeting these
Presidential Directives to receive grant money.



                                            4
Establishment of Emergency Management

In Ohio, three methods exist for the establishment of emergency management at the local level.
These are:

ORC 5502.26 Countywide Emergency Management Agency – Establishment as a .26 requires
the county to have an executive committee comprised of elected officials that has the appointing
authority. An advisory committee of all political entities entering into the agreement establishes
how many will sit on the executive committee, with a minimum listed in the ORC. EMAs under
.26 are similar to other county boards, such as Mental Health or Regional Planning. An
agreement is generally in place establishing the Countywide EMA that is passed via resolution
by all political subdivisions entering into the agreement. An example of this resolution can be
found in Appendix A. By-laws are created for the management of the executive committee over
the ―Countywide EMA‖. An example of By-laws can be found in Appendix B. Jurisdictions
that are not part of the countywide agreement must establish a means for emergency
management in accordance with ORC 5502.271.

ORC 5502.27 Regional Authority for Emergency Management – The establishment of a region
of two or more counties with appointing authority derived from the executive board that
comprises of elected officials from all counties involved. Again, it is considered a county board.

ORC 5502.271 Program for Emergency Management – A .271 EMA is under the Chief
Executive that does not participate in a .26 or .27 EMA. Thus, a county that wanted to be under
the direct control (both via appointing authority and fiscally) of the County Commissioners
would be set up under this code. A county resolution example can be found in Appendix C.
Also, a jurisdiction (Township, Village, or Municipality) could have their own EMA established.
OAC 4501:3-3 indicates that jurisdictions that have a .271 EMA either providing services or are
being provided services of emergency management must have a contract in place. An example
of this contract can be found in Appendix D. The .271 entity can charge for the service, but there
would be no representation for the contracting organization, as would be if the EMA were run
via 5502.26.

OAC 4501:3-6 Emergency Operation Plans – Programs that do not choose one of the options
above cannot be a multi-jurisdictional agency. The director of the agency of the political
subdivision will serve only the political subdivision for which appointed, and its director shall
have no authority to coordinate multi-jurisdictional planning or actual hazard response beyond
the boundary of the political subdivision.

Other General EMA Laws –

ORC 5502.28 Cooperation with Governor and Executive Director – Local EMAs shall execute
and enforce any emergency management orders and rules issued or adopted by the director of
public safety.

OAC 4501:3-2 State Organization – This law also states that we, as local EMAs, must play well
with the Ohio EMA and do what the Executive Director promulgates, as long as it does not break
other laws.


                                             5
ORC 5502.30 Immunity from Liability – The law basically describes that as an EMA, if you do
not perform malicious activities, the person who is trying to sue you should not have a leg to
stand on. This is not to say that they will not try or will not succeed… It pays to have a
relationship with the Prosecuting Attorney’s Office to help steer you in the correct direction.

ORC 2744 Political Subdivision Tort Liability – contains many public safety liability coverage
issues.

ORC 4931.42 Planning Committee and Technical Advisory Committee – The EMA Director is
to be on the Technical Advisory Committee for 9-1-1.

Ohio Fire Code 409.3 (Fire Code is cited in the OAC) – Describes tornado sheltering for
buildings.

Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by Public Law
106-390 – Discussed below in Disaster Recovery.

Local Government

Counties may choose one of three forms of government: the general statutory law, the alternative
statutory law, or charter. The alternative and charter forms must be adopted by the voters. Under
the general form, there are many elected executive officers, and no chief executive officer.
Counties under this form do not possess legislative authority - that is, they cannot adopt
ordinances or law as described below. They may perform only those acts and duties as prescribed
by the ORC. The alternative plan is described in ORC 302 and to date; no county in Ohio has
adopted the alternative form. Under the charter form, authorized by Article X of the Constitution
of Ohio, the county may assume the power and role of a charter municipality, including home
rule and the right to choose any form of government. Summit County and Cuyahoga County are
the only Ohio counties to adopt a charter.

So what is a charter? Municipalities (cities and villages) and counties are eligible to establish
charter forms of government. By adopting a charter, the entity may set up a system of
government that differs from the statutory plans. It may provide for the officers and procedures
for all governmental functions. Non-charter entities must comply with all State laws concerning
matters of procedural local self-government. Matters of substantive local self-government for
municipalities are not controlled by State laws, whether or not the municipality has adopted a
charter. Speaking in English, a county that adopts a charter and wishes to have a chief executive
versus three commissioners, and calls the person the ―Grand-Poobah‖; it is able to do so.
Another great example is Cuyahoga County no longer has an elected Sheriff, Engineer, Coroner,
Treasurer, nor do they have three county commissioners, due to their recently passed charter!
Additionally, if a city decides it is going to go with one of the standard forms of government
described by the ORC, it must follow how that system works, but is still able to enact ordinances
that are self-governance in nature.




                                            6
Counties under the ―general form‖ do not possess home rule authority. That is to say, county
officials may act only when and as specifically authorized by state law. An 1857 Supreme Court
case established a general theory of the status of counties, which is still relevant today. The
court stated: "Counties are local subdivisions of a state, created by the sovereign power of the
state, of its own will, without the particular solicitation, consent, or concurrent action of the
people who inhabit them.... With scarcely an exception, all powers and functions of the county
organization have a direct and exclusive reference to the general policy of the state, and are, in
fact, but a branch of the general administration of that policy. (Hamilton County v Mighels, OS
109)." Contrast these statements by the courts defining the basic nature of a county with Article
XVIII, Section 3, of the Ohio Constitution, the Municipal Home Rule Amendment of 1912:
"Municipalities shall have authority to exercise all powers of local self-government and to adopt
and enforce within their limits such police, sanitary and other similar regulations, as are not in
conflict with general laws." Townships even have the ability to perform limited home rule
through ORC 504.

While the concept of municipal home rule is complex and has been defined over the years by a
myriad of court rulings, the distinction is clear. Counties with exception of Summit and
Cuyahoga, not possessing home rule or powers of local self-government, may perform only
those governmental functions specifically authorized by state law and in the manner specified in
law.

If the ORC is silent on the subject, counties under general form do not possess the authority to
act. Municipalities, on the other hand, are generally free to act in areas where counties may not.
The Home Rule Amendment to the Ohio Constitution grants municipalities almost unlimited
authority to exercise powers of local self-government. In addition, municipalities may enact
police, sanitary, or similar regulations if they do not conflict with general laws of the state. The
courts have interpreted the constitutional provision "as are not in conflict with general laws" as
applying only to "police, sanitary and other similar regulations", and not to "powers of local self
government". The adoption of a municipal charter is not required in order to obtain home rule
powers because municipal home rule is a direct constitutional grant of power. For example,
county commissioners are without authority to license and control cats, as they do dogs, because
the ORC is silent on the subject. Municipalities, however, are free to enact an ordinance
requiring licensing of cats.

In order to become a municipality (village or city), the jurisdiction must incorporate. This is
defined in the ORC and Ohio Constitution. Grouping of houses can exist and collectively have a
name without actually possessing the authority of a village or a city. Once the grouping has
incorporated, it will either be a village or a city. The decision is based on population as a village
has less than 5,000 people and a city has more than 5,000. Those municipalities that do not
choose a charter form of government must pick between one of three ―standard‖ forms of
government (commission plan, city manager plan, and federal plan) described in ORC 705.




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Commission Plan - This plan calls for elected commissioners. The number of commissioners is
dependent upon population. The commission performs both legislative and administrative duties
in separate sessions. A clerk, treasurer, auditor, and solicitor (or city director of law) are
appointed by the commissioners. The positions of clerk and treasurer may be combined. (Ohio
Revised Code Section 705.41)

City Manager Plan - This plan calls for an elected council dependant on size of the population.
The council is the legislative body, and it appoints the manager, who is the chief administrative
officer. It may appoint a civil service commission and all boards or commissions, and it must
approve all appointments made by the manager. The council member elected chairman shall
perform all judicial functions. A clerk, treasurer, auditor, and solicitor (city director of law) are
appointed. The positions of clerk and treasurer, or clerk and auditor may be combined. (Ohio
Revised Code Section 705.51)

Federal Plan - This plan calls for an elected mayor and council, again pending the size of the
population, will govern the size of the council. The mayor may veto council legislation. A two-
thirds majority is needed to override such veto. The executive power is held by the mayor and
the department heads appointed by the mayor. The directors of public service and public safety
are appointed. (Ohio Revised Code Section 705.71)

This is all great information, but what does it mean? It means that if you open your EOC to
perform policy level decisions, such as rationing, the County Commissioners may not be the
elected officials to do the job. Another example is that an elected mayor has certain authorities
as ―conservator of peace‖. Thus, you must know how municipalities are established to
understand who has that specific authority. We must understand who has the authority to take
certain actions. A listing of many of these authorities is located in Appendix F.

Who can declare, what can you declare, and what does it do?

This topic is another one of those ―Home Rule‖ subjects where much misinformation exists. A
declaration is a resolution that generally relates to an emergency or disaster. A declaration can
be made by any political subdivision, just like any other resolution. This resolution can be
passed without normal notification of the media, through an emergency session, as described in
ORC 121.22. The elected officials CANNOT just sign the paper without going through the
processes described for resolutions or emergency resolutions that normally bind them. The State
of Ohio does allow for ―verbal declarations‖ to spur activities from the State of Ohio. These
―verbal declarations‖ are indications that a political jurisdiction will formalize the declaration via
resolution in the very near future. The ―verbal declaration‖ is a policy level decision at Ohio
EMA and is not found in laws.

No set of rules exist that describe when a political subdivision must declare or minimum criteria
for a declaration. A Declaration really needs to based on the fact that a ―real and present danger‖
exists for results. According to the ORC and the only discussion found in these compilations
that relate to declarations at the local level are that of competitive bidding, EMA Workers, use of
the Intra-State Mutual Aid Compact (and Emergency Management Assistance Compact with the
Governor’s Declaration), and the removal of snow, ice, and/or debris. Again, those jurisdictions



                                               8
with ―Home Rule‖ authority can pass ordinances that take into account ―declarations‖ and
actions allowable if a declaration is passed. These ordinances can even parlay powers onto the
EMA office to act, but remember the authority must come from those jurisdictions with the
ability of local self governance, and will be limited to those jurisdictions!!!

ORC 307.86 Competitive Bidding Required Exceptions (County) - Competitive bidding is not
required when the board of county commissioners, by a unanimous vote of its members, makes a
determination that a real and present emergency exists, and that determination and the reasons
for it are entered in the minutes of the proceedings of the board, when the estimated cost is less
than fifty thousand dollars and there is actual physical disaster to structures, radio
communications equipment, or computers. For purposes of this division, ―unanimous vote‖
means all three members of a board of county commissioners, when all three members are
present, or two members of the board, if only two members (constituting a quorum) are present.

ORC 505.08 – Emergency Contracts (Townships) - After adopting, by a unanimous vote, a
resolution declaring a real and present emergency in connection with the administration of
township services or the execution of duties assigned by law to any officer of a township, the
board of township trustees may, by resolution, enter into a contract, without bidding or
advertising, for the purchase of services, materials, equipment, or supplies needed to meet the
emergency, if the estimated cost of the contract is less than fifty thousand dollars.

ORC 505.82 - Emergency Resolutions (Townships) - If a board of township trustees, by a
unanimous vote or, in the event of the unavoidable absence of one trustee, by an affirmative vote
of two trustees, adopts a resolution declaring that an emergency exists that threatens life or
property within the unincorporated territory of the township, or that such an emergency is
imminent, the board may: (1) If an owner of an undedicated road or stream bank in the
unincorporated territory of the township has not provided for the removal of snow, ice, debris, or
other obstructions from the road or bank, the board may provide for that removal. (2) The board
may contract for the immediate acquisition, replacement, or repair of equipment needed for the
emergency situation, without following the competitive bidding requirements of section 5549.21
or any other section of the Revised Code.

ORC 735.051 Emergency Conditions Obviate Formal Bidding and Advertising for Contracts
(Cities and Villages) - In the case of a real and present emergency arising in connection with the
operation and maintenance of the department of public service, including all municipally owned
utilities, the department of public safety, or any other department, division, commission, bureau,
or board of the municipality, the legislative authority of the municipality, may by a two-thirds
vote of all the members elected thereto, authorize the director of public service, director of public
safety, city manager, board of public affairs, or other duly authorized contracting officer,
commission, board, or authority, to enter into a contract for work to be done, or for the purchase
of supplies or materials without formal bidding and advertising.

ORC 5502.41 (B) There is hereby created the intrastate mutual aid program to be known as ―the
intrastate mutual aid compact‖ to complement existing mutual aid agreements in the event of a
disaster that results in a formal declaration of emergency by a participating political subdivision.




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OAC 4123-17-34 (EMA ―Volunteer’/Workers) Sites Appendix A. In that appendix it states:

Note: the bureau shall assign claims for emergency management workers occurring, due to a
disaster or an emergency, as provided under sections 4123.031 to 4123.037 of the Revised Code
to the risk of the public employer taxing district that administered the loyalty oath. The bureau
shall charge all of the costs of such claims to the surplus fund. There is no payroll to be reported
or premium charged for this coverage.

The Governor can declare an ―energy emergency‖ in 4935.03 that allows the PUCO to either
force the sale, limits of consumption, or restrict use of energy in Ohio. Additionally, the PUCO
in this type of emergency can mobilize emergency management, National Guard, law
enforcement, or emergency medical services to protect the public health and safety and prevent
unnecessary or avoidable damage to property.

Unofficially (not in the ORC or OAC), a declaration means that a political subdivision has
exceeded their capacity for an event and needs help. The State of Ohio requests a disaster
declaration, generally by the county, to keep State assets working local issues for a prolonged
time. The Stafford Act, further defined by 42 U.S.C. § 5121, requires a Governor’s Disaster
Declaration to request a Presidential Declaration that would start the ―disaster recovery‖ process
as defined by FEMA. The State of Ohio does not require a local declaration to request FEMA
and invoke the Stafford Act. The normal process and common practice is to allow the county
declaration process drive the state declaration process.

Normally, only those counties that have made a local declaration will be included on the
Governor’s Declaration to request help defined by the Stafford Act. This can create a problem:
what if you do not need State assistance, but you believe you have damage sufficient for the
Stafford Act? It is preached by Ohio EMA that you only declare if local assets are overwhelmed.
What about the political ramifications if you had a chance to bring significant financial relief to
your jurisdiction in the form of making a local declaration, especially that a local declaration has
no mention in the ORC and OAC for this specific purpose?!?! There is no right or wrong answer
(at least one that we can write down!) as there are far too many variables. The problem is one
that experience and mentoring is the perfect answer and not to be afraid to make the call to
someone who you call a mentor.




                                             10
                             EXAMPLE - LOCAL EMERGENCY PROCLAMATION


RESOLUTION NO.____________________________

IN THE MATTER OF DECLARING A STATE OF EMERGENCY IN JURISDICTION DUE TO
_____________________________________________________________________________________

WHEREAS: _______________ Jurisdiction, Ohio has been or is immediately threatened by a

______________________________________________________, and;

WHEREAS: ______________________________________________________________________________,
(Include Date, Time, Situation Assessment and Duration of Hazard, if known)

NOW THEREFORE BE IT RESOLVED: That the Governing Body of the Jurisdiction, declare that a state of
emergency exists in the Jurisdiction and that we hereby invoke and declare those portions of the Ohio Revised
Code, which are applicable to the conditions and have caused the issuance of this proclamation, to be in full force
and effort in the county for the exercise of all necessary emergency authority for protection of the lives and property
of the people of Jurisdiction, and the restoration of local government with a minimum of interruption.

Reference is hereby made to all appropriate laws, statutes, ordinances and resolutions, and particularly to Section
5502 of the Ohio Revised Code.

All public offices and employees of Jurisdiction are hereby directed to exercise the utmost diligence in the
discharge of duties required of them for the duration of the emergency and in execution of emergency laws,
regulations, and directives—state and local.

All citizens are called upon and directed to comply with necessary emergency measures, to cooperate with public
officials and disaster services forces in executing emergency operation plans, and to obey and comply with the
lawful directions of properly identified officers.

All operating forces will direct their communications and requests for assistance and operations directly to the
County Emergency Operations Center.

In witness, whereof, we have hereunto set our hand this _____ day of _____, 20___ A.D.



                                                       _________________________________
                                                       Elected Officials




                                                     11
                        DUTIES OF EMERGENCY MANAGEMENT

The Emergency Management Director’s role is one of coordination versus that of direction and
control, and by addressing the phases of emergency management; he/she can effectively provide
a comprehensive emergency management program. However, an effective Emergency Manager
can take a proactive roll and has the authority to start the coordination process without being
asked. As stated below, we are tasked with those activities and measures designed or undertaken
to minimize the effects upon the civilian population, caused or that would be caused by any
hazard. Emergency Management Directors, like other government officials, carry out duties
assigned to them derived from law. As previously discussed, we could just list what EMA
should perform, but this does not provide you with the actual duties the legislators and agencies
have laid out for our profession. The basics are taken from the establishment of EMA (5502.26,
.27, or .271) as we are to develop an Emergency Operations Plan and conduct an exercise (both
discussed later). Many of the other tasks relate to these specific functions. It should be noted
that while many powers are established under the law, but can be delegated to the Emergency
Manager or others by inclusion and adoption by jurisdictional resolution into the EOP, or by
jurisdictional resolution alone, as long as it is consistent with the ORC and can be delegated. As
an example ―Who can order an evacuation?‖

 In ORC 5502.21 Definitions - (G) ―Emergency management‖ includes all emergency
preparedness and civil defense activities and measures, whether or not mentioned or described in
sections 5502.21 to 5502.51 of the Revised Code, that are designed or undertaken to minimize
the effects upon the civilian population caused, or that could be caused, by any hazard and that
are necessary to address mitigation, emergency preparedness, response, and recovery.

A continuation of the definitions that really gets to the ―meat and potatoes‖ of what, by law,
EMA is to perform - (H) ―Emergency preparedness‖ is an integral part of emergency
management that includes those activities and measures designed or undertaken in preparation
for any hazard, including, but not limited to, natural disasters and hazards involving hazardous
materials or radiological materials, and that will enhance the probability for preservation of life,
property, and the environment. ―Emergency preparedness‖ includes, without limitation:

(1) The establishment of appropriate agencies and organizations;
(2) The development of necessary plans and standard operating procedures for mitigation,
preparation, response, and recovery purposes, including, without limitation, the development of
supporting agreements and memorandums of understanding;
(3) Hazard identification;
(4) Capability assessment;
(5) The recruitment, retention, and training of personnel;
(6) The development, printing, and distribution of emergency public information, education, and
training materials and programs;
(7) The necessary conduct of research;
(8) The development of resource inventories;
(9) The procurement and stockpiling of equipment, food, water, medical supplies, and any other
supplies necessary for survival, and for the public health, safety, and welfare;
(10) The development and construction of public shelter facilities and shelter spaces;



                                             12
(11) The development and construction of emergency operations centers for the conduct and
support of coordination, direction, and control activities;
(12) When appropriate and considered necessary, the nonmilitary evacuation or temporary
relocation of the civilian population.

It is interesting to note that in the definition provided in 5502.21 (G) the mentioning of ―civil
defense activities‖. It becomes even more interesting if you read what the legislator’s in ORC
5502.21 have defined ―civil defense‖ as…
(D) ―Civil defense‖ is an integral part of emergency management that includes all those activities
and measures designed or undertaken to minimize the effects upon the civilian population caused
or that would be caused by any hazard and to effect emergency repairs to, or the emergency
restoration of, vital equipment, resources, supplies, utilities, and facilities necessary for survival
and for the public health, safety, and welfare that would be damaged or destroyed by any hazard.
―Civil defense‖ includes, but is not limited to:

(1) Those measures to be taken during a hazard, including all of the following:
(a) The enforcement of those passive defense regulations necessary for the protection of the
civilian population and prescribed by duly established military or civil authorities;
(b) The evacuation of personnel to shelter areas;
(c) The control of traffic and panic situations;
(d) The control and use of emergency communications, lighting, and warning equipment and
systems.

(2) Those measures to be taken after a hazard has occurred, including all of the following:
(a) Activities necessary for firefighting, rescue, emergency, medical, health, and sanitation
services;
(b) Monitoring for secondary hazards that could be caused from the initiating event;
(c) Damage assessment and disaster analysis operations;
(d) Coordination of disaster assistance programs;
(e) Monitoring for effects from weapons;
(f) Unexploded bomb reconnaissance;
(g) Essential debris clearance;
(h) Decontamination operations;
(i) Documentation of operations and financial expenses;
(j) Resource control;
(k) Any other activities that may be necessary for survival and the overall health, safety, and
welfare of the civilian population.

Would you have believed these were in law? If you don’t trust this handbook, look it up for
yourself… you should anyway!

Remember, even though these are listed in the ORC, it does not mean that you should show up to
a scene and demand that in ORC 5502.21 (D) 2.f you are to ensure unexploded bomb
reconnaissance is under your sovereignty! The problem is that all of these items are listed as ―to
be done‖, but lacking could be the ―umph‖ to force the issue. Herein lies the crux of being an
EMA director… A good EMA director builds relationships that enable these complex issues to



                                             13
be solved. You can bet it is not by showing up to a scene and telling the bomb squad how to do
their job! Every good director, who is answering truthfully, will tell that intelligence only goes
so far; your personal skills are what completes the task. If you are the type that may have an
abrasive personality, you may want to consider being an analyst or contractor instead.


                                           FUNDING

General funding of local EMAs is often derived from how they are established.
   1. A .26 county generally receives contributions from all jurisdictions, to include the
      county. There are several methods, with the most common being an amount per person,
      an amount per jurisdiction, or a percentage for each jurisdiction, to cover the budget
      based on their population versus the total.
   2. A .27 does pretty much the same, but from more than one county.
   3. A .271 is generally funded completely from the jurisdiction that the EMA reports. Thus,
      a county established as a .271 EMA is generally funded completely by the county
      commissioners. As stated earlier, if a 271 EMA is performing emergency management
      for other jurisdictions, according to OAC 4501, a contract must be in place. The contract
      could include monetary provisions. However, the jurisdiction would not have any voice
      in emergency management for their contributions, as they would in a .26 setup.

Another item that often confounds is the different fiscal calendar years. Counties are generally
under what most outsiders to government would consider normal, January 1 to December 31.
The State of Ohio runs from July 1 to June 30. To ensure a complete lack of coordination, the
Feds’ calendar is October 1 to September 30. As you progress through your career, you can bet
at least once you will experience a problem due to these differences.

ORC 5502.31 Appropriations for expenses – All establishments of emergency management can
receive payment of the expenses of its local activities for emergency management incurred by
the EMA office.

OAC 4501:3-4-01 Emergency Management Funding – Indicates that Ohio EMA will cooperate
with local EMAs, Ohio EMA will describe how it distributes and disburses funds under its
control, and local EMAs that receive funding will submit a certified budget if requested.

Emergency Management Performance Grant (EMPG)

The Federally funded EMPG program is administered by Ohio EMA, programmatically by the
Field Operations Branch, and administratively, through the Preparedness Grants Branch. EMPG
is run in a similar manner as the Homeland Security Grants. The administration is due to the
change in grant from FEMA to Homeland Security. The program requires counties to pay 100
percent of the expenses to support and enhance the emergency management program. Up to 50
percent of eligible expenses will be reimbursed by the Federal Government, through Ohio EMA.

Most expenses incurred by an Emergency Management Agency will meet the criteria as a match.
Examples below (if in doubt ask):



                                            14
   o Salaries
   o General expense
   o Phone, both land and cell, for EMA use only
   o Internet and cable fees for EMA use only
   o Travel expenses
   o Communications cost
   o Fuel for EMA vehicle (record keeping includes miles and use), and EOC backup
     generator.
   o LEPC funds can be used, if the EMA has a contract or resolution with the LEPC, to
     provide services for the LEPC (administrative, accounting, salaries)

The rules for match are the agency must pay through its normal accounting procedures with non-
federal funds designated for EMA purposes. Proof of payment requires a copy of invoice and
proof of payment, such as a copy of the payment check. Ohio EMA has recommended the use of
the county auditor’s expenditure detail sheet, as a comprehensive proof of payment source.
Some other forms of proof of payment may be used, but you must get approval from OEMA
before using this method.

Proper documentation is required to assure full and timely reimbursement of items claimed on
your cash request. In addition to proof of cost and proof of payment documentation, agendas for
meetings, sign-in sheets and/or other items may be required for specialized costs like food and
travel.

You will receive a payment of 50% of the approved (processed by OEMA) expenditures you
submitted. Once you receive the EMPG reimbursement, the amount (not the items submitted) of
your funds equal to the reimbursement, are available to be used again for reimbursement.
Another way of addressing the issue is the funds you receive as reimbursement are no longer
federal funds, but are now your agency funds.

Ohio EMA has examples of how budget worksheets and requests for cash are to be completed, as
well as all information pertaining to administering the grant, easily accessible on the Ohio EMA
website. Specifically, this can be found at: http://www.fema.gov/emergency/empg/empg.shtm

Homeland Security Grants

The Department of Homeland Security (DHS) awards grants to states, urban areas and
transportation authorities under 14 programs to bolster national preparedness capabilities and
protect critical infrastructure. Through these grant programs, DHS provides federal monies to
enhance the nation’s ability to prevent, protect against, respond to and recover from terrorist
attacks, major disasters and other emergencies. This includes the department’s two largest grant
programs: the Homeland Security Grant Program (HSGP), and multiple infrastructure protection
programs. Much information can be found at the Ohio EMA website for the Grants Branch at
http://ema.ohio.gov/PreparednessGrantsBranch.aspx The site has portals into almost every
program that the local EMA will contact.




                                           15
Ohio EMA administers several of the Preparedness Grants, including the HSGP cluster, which
includes the State Homeland Security Grant Program (SHSP), Urban Areas Security Initiative
(UASI), Citizen Corps Program Grant (CCP) and the Metropolitan Medical Response System
grant (MMRS).

Ohio EMA has been designated as the State’s Administering Agent for the Homeland Security
Grants (as with many other grants). As such, Ohio EMA is charged with administering the grant
and ensuring the money spent is done in accordance with federal law, regulations, guidance and
the appropriate circulars, as well as making sure that all reporting requirements (many set by
Congress) are met. Specific items are 2 CFR Part 225 (formerly OMB A-87), which outlines
principles and standards to provide a uniform approach in determining allowable costs for
Federal grants, contracts and agreements. 44 CFR Part 13 is another document that outlines
Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, which includes procurement and contracting requirements for use of federal
money. OMB circular 133 outlines audit requirements of federal money and is particularly
important in terms of the Single Audit Act, which requires a specific audit of federal monies in
excess of $500,000, regardless of program. The total federal monies received by many county
governments meet this threshold and are required to complete a single audit each year. More
information on many of these guidance documents can be found at:
www.whitehouse.gov/omb/circulars.

The Homeland Security Grants run on the federal fiscal year, which typically sees the release of
grants on or around October of each year. However, each grant program has its differences as
far as performance period and release dates. The Grants Branch at Ohio EMA will work closely
with counties to announce pending release dates and deadlines for each grant.

The Biannual Strategy Implementation Report (BSIR), due in January and July of each year, is
the means by which grantees and sub-grantees provide required updated strategy implementation
information on how their planned and actual grant expenditures align with the goals and
objectives of the identified Homeland Security Strategy. Ohio EMA’s Preparedness Grant
Branch assists local EMA in this process, as it often requires a password reset and refresher on
the online tool.

State Emergency Response Commission Funding/Local Emergency Planning Committee

Every county in Ohio is required to have a Local Emergency Planning Committee (LEPC) that is
to plan, train, and exercise for the response to a hazardous materials events, and provide the
chemical ―Right-to-Know‖ program in Ohio. Many LEPCs are co-located or contracted to local
EMA offices, due to the similar functions of performance. A handbook for LEPC members is an
excellent discussion of the role of LEPCs and can be found on the SERC website (below), and is
ingeniously labeled the ―LEPC Membership Handbook‖. The LEPCs report to the State
Emergency Response Commission (SERC), which is a board comprised of both private and
public members (also at the State and local level). The SERC annually distributes the grant
application package in December. Completed applications from the LEPC and fire departments
are due February 1st. Grants are typically distributed to the LEPC in August. Funds are
distributed annually to LEPC based on a formula established by the SERC Resolution. Currently,



                                           16
LEPC receives 75%, SERC receives 20%, and fire departments submitted along with the LEPC’s
Grant Application, receives 5% of total fees received. Recent changes to the funding include a
county auditor’s signature to verify the funding is used in grant guidelines.

The SERC grant, and other funds secured by the LEPC, will be sent to the county treasurer. The
county auditor will establish a special emergency planning fund for the LEPC in accordance with
the Ohio Revised Code. This fund will be ―administered by the Committee only for purposes of
carrying out the powers and duties of the LEPC under ORC Section 3750.03 and rules adopted
and orders issued under it.‖ (ORC Section 3750.03(F)). There are spending limitations set forth
in ORC Chapter 3750. All grant funds are subject to periodic audits by Ohio EPA. At the end of
the State fiscal year, an LEPC fiscal report is due to Ohio EPA generally around mid July. The
documents that guide the LEPC are found on the EPA website at
http://epa.ohio.gov/dapc/serc/documents.aspx . The site can be found by navigating the Ohio
EPA website to the Air Pollution Control portal. The main fiscal document is the ―Grant
Application Handbook.‖

SERC funds (NOT HMEP, which is discussed later) that are distributed to the LEPC are not
considered Federal grants and thus, are capable of being used as a local match, provided all other
grant guidelines are maintained. The funding for LEPCs through SERC is paid by the companies
that house certain hazardous materials in various quantities. Many LEPCs contract, or via
resolution, work with EMAs to perform the tasks required by LEPCs. Again, the various
requirements and pros/cons of each setup can be found in the ―Grant Application Handbook‖.

Public Utilities Commission of Ohio (PUCO) Hazardous Materials Training Grant

This grant is available for public safety and emergency services personnel for training on proper
techniques for response to hazardous materials spills and releases. Political subdivisions (which
include the LEPC) are given first priority. The grant is not limited to EMAs or LEPCs for
submission. PUCO will accept applications throughout the year. These are reimbursement
grants, which means the costs are incurred by the jurisdiction up front, with a repayment at a
later date of allowable expenses. Having any fiscal match is looked on favorably by the review
committee, but is not required. The grant is reviewed twice a year, but applications can be
submitted anytime throughout the year.

PUCO grant website: http://www.puco.ohio.gov/PUCO/Forms/Form.cfm?id=4140

Contact:
Grant Coordinator
Public Utilities Commission of Ohio
Email: Alla.Magaziner-Tempesta@puc.state.oh.us
Phone: 614.466.0351




                                            17
Hazardous Materials Emergency Preparedness Grant (U.S.DOT/HMEP)

The U.S. Department of Transportation provides planning and training grants. The grant is called
the Hazardous Materials Emergency Preparedness Grant and is referred to as the HMEP Grant.
In Ohio, the funds are awarded to Ohio EMA, who acts as the grant administrator for the SERC.
The grant is a federal reimbursement grant with a 20% match requirement. It is distributed
annually based on the Federal fiscal year. For more information, contact the Ohio EMA
Preparedness Grants Branch.

The HMEP grant program is carefully crafted to build upon existing programs and relationships.
It increases the emphasis on transportation in ongoing efforts. The HMEP grant program was
designed to support the framework and working relationships established within the National
Response System and the Emergency Planning and Community Right-To-Know Act (EPCRA)
of 1986 (Title III). The emphasis of the HMEP is to increase Planning and Training in hazardous
materials.

The planning grants are to be used for: developing, improving, and implementing emergency
plans under Title III; conducting commodity flow studies; and determining the need for regional
hazardous material response. Training grants are to be used for training public sector employees
to respond safely and efficiently to accidents and incidents involving the transportation of
hazardous materials.

The grant is administered and applied for by the LEPC. Thus, a local EMA may or may not have
anything to do with this grant pending the relationship with the LEPC. If the EMA has access to
this grant, it is advisable that they seriously consider HMEP as it has a 20% match and EMPG
has a 50% match (30% savings!).


                                          PLANNING

Each version of EMA (.26, .27, and .271) stipulates that EMA develop an all-hazards emergency
operations plan (EOP). The EOP will identify and document how emergency management will
address a potential disaster in a preplanned, organized, predictable, coordinated, and professional
manner. The key to this ability is having an effective county Emergency Operations Plan (EOP)
and having pre-incident working relationships with first responder agencies. Experience has
proven that having a plan in place and having the principal players trained in the plan saves time,
saves resources, and ultimately saves lives. It is better to determine evacuation routes, resolve
conflict, and identify sources for needed resources in a low stress, non-emergency period when it
can be done correctly, NOT in the middle of a disaster.

Each version of EMA (.26, .27, and .271) stipulates that EMA develop an all-hazards emergency
operations plan that has been coordinated with all agencies, boards, and divisions having
emergency management functions within the political subdivision. That all agencies, boards, and
divisions having emergency management functions within the political subdivision shall
participate and cooperate in the development of the EOP all-hazards emergency operations plan.




                                            18
How plans are to be written is pretty open. There are currently three general thoughts on
organization of emergency operations plans: 1) traditional ―State and Local Guide 101‖ format
2) Emergency Support Function format, and 3) Incident Command format.

The Ohio Revised Code does not have the same requirements for EOPs as it does for LEPC
Hazardous Materials plans. The LEPC plans are covered by ORC 3750. It should be noted that
the LEPC Hazmat Plan may be a standalone document, or may be incorporated into the EOP
developed as a part of the all hazards program. Information regarding the LEPC plans can be
found in the ―Ohio Hazardous Materials Planning and Exercise Guidance Booklet‖ on the Ohio
EPA SERC website http://epa.ohio.gov/dapc/serc/documents.aspx .

OAC 4501:3-6 Emergency Operation Plans – The most definitive legislation as it pertains to the
EOP. It states that each local emergency management agency shall be responsible for
maintaining a current emergency operations plan, by reviewing and updating it annually. Each
emergency operations plan shall be authorized by the chief executive officer and shall be
consistent with published federal and state guidance and emergency operations plans. Also, all
plans created by a .271 jurisdiction must work with the countywide (.26) or regional plans (.27).
The Chief Executive Officer will vary based on the nature of the EMA. A .271 EMA under the
County Board Commissioners, will most likely need authorization by the Commissioners. A .26
or .27 EMA will most likely need authorization by the Executive Committee.

Emergency planning assistance is available from neighboring counties through mentoring, and
from the State, in the form of technical guidance, plan models, and training courses. It is
recommended that emergency planners refer to the State of Ohio, Plan Development and Review
Guidance for local Emergency Operations Plans (EOP). Even with good training and guidance
documents, writing an emergency operations plan is not a simple process. The emergency
manager must go through a series of steps to develop a plan that will meet the needs of the
county. The Ohio EMA Website http://ema.ohio.gov/ has several links on the main page to
assist in planning efforts. Those links are:

-Plan Development and Review Guidance for local Emergency Operations Plans
-Local Plan Development Resources

FEMA also provides guidance for the development of emergency plans in the document ―State
and Local Guide (SLG) 101, Guide for All-Hazards Emergency Operation Planning‖.
Additionally, there are NIMS requirements for plans from the federal government. Below is a
chart taken from the 2008 NIMS Compliance Objectives and Metrics for Local Governments
that discusses requirements for EOPs.




                                           19
REQUIREMENT                                                   REFERENCE
Revise and update emergency operations plans (EOPs), standard          * Letter from Secretary Ridge
operating procedures (SOPs), and standard operating guidelines         to Governors (2005)
(SOGs) to incorporate NIMS and National Response Framework (NRF)       * State NIMS Integration,
components, principles and policies, to include planning, training,    Version 1.0 (p6)
response, exercises, equipment, evaluation, and corrective actions.
Promote and/or develop intrastate and interagency mutual aid           * NIMS Document
agreements and assistance agreements (to include agreements with
the private sector and NGOs).

You must be careful when writing your plan. It, in most cases, is a legal document… Also, even
though your plan may be authorized by the EMA’s Chief Executive Officer, that does not
potentially finalize it. For example, if you write portions in the plan that require the Sheriff to
perform certain functions that he/she has not agreed, the County Commissioners nor EMA
Executive Board has no authority to force it, as the Sheriff is a separate elected official! It would
be a good idea to get the organizations that will play a role in the EOP to sign, if they are not
under the direct authority of the EMA Chief Executive Officer. I would guess that most
organizations that will play a major role in the EOP are not under the direct authority (fire, law,
EMS, Red-Cross, Non-Profits, Engineer, Public Works, etc…)

ORC 5502.36 Judicial Notice - All courts shall take judicial notice of plans, ordinances,
resolutions, rules, or orders. Make sure you know what is in your plans!

Another caution in writing a plan, be sure what is written is what you are going to do. Don’t
include anything just because someone said you should if you know you are not, or it can’t be
done. You can be held accountable for everything you have written in the plan.

Plans and planning ARE NOT just the Emergency Operations Plan (EOP). We do many
different types of plans, and in some cases we incorporate those plans into the EOP as an Annex,
Appendix, or Tab, but each program may decide to make them independent stand alone plans.

Some of the plans may include; and not be limited to, and will always be a fluid requirement;
    Emergency Operations Plan                           Strategic
    Communications Plan                                 Debris Management
    Mitigation Plan                                     Donations Management
    Continuity of Operations                            And other hazard specific plans, for
    Hazardous Materials Plan (LEPC)                       special events or activities that
    Recovery                                              require formal planning activities
    Terrorism

The main planning courses are:
    G235 Emergency Planning
    Developing and Maintaining Local Emergency Operations Plans short course (Ohio
      EMA specific)
    As well as, many other specific courses for defined needs (such as school, floods, etc..)




                                             20
                                          TRAINING

While this section identifies the required training for each director, we should be encouraged to
complete the Professional Development Series, the Advanced Professional Development Series,
and reach accreditation. Our training and education never stops. We need to challenge ourselves
to take at least one continuing education course annually, over and above the ―Director’s
Conferences‖ updates, to keep us current with industry practices and standards. There are
numerous Colleges and Universities in Ohio that offer Associate and Baccalaureate degrees on
campus and online for continuing education opportunities.

County Director Training Requirements

Sections 5502.26, 5502.27, and 5502.271 of the Ohio Revised Code require each director of an
Emergency Management Agency for a political subdivision, to pursue a professional
development program in accordance with rules developed under section 5502.25 of the Revised
Code and 4501:3-5-01 of the Administrative Code.

Upon assuming the position of Director of Emergency Management for a political subdivision,
the individual shall complete, or have completed, the required courses within a three-year period
from the date of appointment.

The following required courses for emergency management are:

   1.   (IS-230) Introduction to Emergency Management
   2.   (IS-235) Emergency Planning
   3.   (IS-139) Exercise Design
   4.   Disaster Recovery
   5.   And a minimum of two refresher or continuing education courses, annually, as may be
        necessitated by changes to law or programs administered by the Executive Director for
        Ohio Emergency Management. These two seminars may also be called ―Director’s
        Conferences‖ or ―Director’s Seminars‖.

   They are taught at the "Emergency Management Institute" at Emmitsburg, Maryland. Also,
   as an extension of the "Emergency Management Institute", state sponsored courses or an
   equivalent course taught at accredited universities and the Ohio Emergency Management
   Agency. And to further assist county directors with meeting these requirements, a few
   courses are also available on-line as an independent Study; IS-230, IS-235, and IS-139.
   Follow the link http://training.fema.gov/ for information.




                                           21
Professional Development Series (PDS)

The Professional Development Series, for persons seeking to continue their education, includes
seven Emergency Management Institute independent study courses that provide a well-rounded
set of fundamentals for those in the emergency management profession. Many students build on
this foundation to develop their careers. After successfully completing all required PDS courses
through the Independent Study program, a PDS certificate is automatically issued via US Postal
Service to the mailing address provided on your last exam submission. The first three are
accomplished via the ORC requirements; the remaining four are available following the link
http://training.fema.gov/PDS

        1.   Leadership and Influence (IS-240)
        2.   Decision Making and Problem Solving (IS-241)
        3.   Effective Communication (IS-242)
        4.   Developing and Managing Volunteers (IS-244)
Advanced Professional Series (APS)

The Advanced Series was designed to motivate and challenge students to continue their
education. These are classroom courses that build management and coordination skills. You
must complete 5 required, and an additional 5 elective classes for a certificate of completion.
Find more information at http://training.fema.gov/emiweb/APS

Required Courses
   1. (G-191) Incident Command/Emergency Operations (ICS/EOC) Interface

   2.   (G-250.7) Local Situation Rapid Assessment Workshop
   3.   (G-270.4) Recovery from Disaster: The Local Government Role
   4.   (G-318) Mitigation Planning Workshop for Local Governments
   5.   (G-775) Emergency Operations Center (EOC) Management and Operations
             a. Also available in the Independent Study series (IS-775)
Elective Courses
   1. (G-108) Community and Mass Care

   2.   (G-110) Emergency Management Operations Course (EMOC) for local Governments
   3.   (G-137) Exercises Program Manager/Management
   4.   (G-197) Emergency Planning and Special Needs Populations
   5.   (G-202) Debris Management Planning for State, Tribal, and Local Officials
   6.   (G-271) Hazardous Weather and Flood Preparedness


                                            22
            a. Also available in the Independent Study Series (IS-271) Anticipating Hazardous
               Weather and Community Risk
   7.    (G-272) Warning Coordination

   8.    (G-288) Local Volunteer and Donation Management

   9.    (G-290) Basic Public Information Officer

   10.   (G-358) Evacuation and Re-entry Planning

   11.   (G-361) Flood Flight Operations

   12.   (G-362) Multi-Hazard Emergency Planning for Schools

   13.   (G-386) Mass Fatalities Incident Response

   14.   (G-400) Advanced Incident Command System

   15.   (G-408) Homeland Security Planning for Local Governments

   16.   (IS-703) National Incident Management System (ICS) Resource Management

Ohio Certified Emergency Mangers and IAEM Certified Emergency Managers ® Programs

Persons who wish to further their education to the highest levels of certification must
successfully demonstrate completion of the following:

State Level Accreditation
    1. High School diploma or GED and 30 CEU in emergency management subjects, or

   2.    Associates Degree in any field and 10 CEUs in emergency management subjects, or
   3.    Bachelor’s Degree or higher in any field and 5 CEUs in emergency management subjects,
         or
   4.    Associate Degree or higher in Emergency Management or related field.
National Level Accreditation
   1. Associate or Bachelor’s Degree, and

   2.    100 classroom hours in disaster/emergency management training, and
   3.    100 hours of general management training with a maximum of 25 percent (25 hours) in
         any one topic/subject.
Course work applied to the 200 hours requirement cannot be applied to or come from the college
degree requirement for CEM.




                                            23
Documents used for CEM verification must show; date of completion, title of training, and
number of classroom hours. Each submission must also be accompanied by a syllabus, catalog
description of the course, or a written description of the training content, as well as accompanied
by either; a college or FEMA transcript, class roster, or some other documentation from an
institution. Continuing Education Unit (CEU) equals 10 classroom hours and trainings must be
received in the past ten years.

NDPC

The National Domestic Preparedness Consortium (NDPC) is a professional alliance sponsored
through the Department of Homeland Security/FEMA National Preparedness Directorate. The
NDPC is a partnership of several nationally recognized organizations, whose membership is
based on the urgent need to address the counter-terrorism preparedness needs of the nation’s
emergency first responders, within the context of all hazards, including chemical, biological,
radiological, and explosive Weapons of Mass Destruction (WMD) hazards.

Members include:

      Center for Domestic Preparedness (CDP) in Aniston, AL – Website - https://cdp.dhs.gov/
      The Energetic Materials Research and Testing Center (EMRTC), a division of the New
       Mexico Institute of Mining and Technology (New Mexico Tech) in Socorro, NM –
       Website - http://www.emrtc.nmt.edu/training/
      The National Center for BioMedical Research and Training (NCBRT), at Louisiana State
       University (LSU) in Baton Rouge, LA – http://www.ncbrt.lsu.edu/Website -
      The National Emergency Response and Rescue Training Center (NERRTC) at Texas
       A&M University in College Station, TX- Website - http://teexweb.tamu.edu/ogt/
      Counter Terrorism Operations Support (CTOS)/The Nevada Test Site (NTS) in North
       Las Vegas, NV – Website - http://www.ctosnnsa.org/
      Transportation Technology Center, Inc. (TTCI) in Pueblo, CO – Website -
       http://www.aar.com/ (The TTCI does not provide transportation, lodging and meals to
       students at this time. Homeland Security Grants that are made available to counties can
       be used to send students to the training. However, they are working to get this changed).
      National Disaster Preparedness Training Center at the University of Hawaii (NDPTC) in
       Manoa, Hawaii – Website - http://ndptc.hawaii.edu/index.php (The University of
       Hawaii has just joined the NDPC and does not have training available at this time).

Training is provided free to all first responders in the State of Ohio, along with travel, lodging
and meals who attend the courses at CDP, New Mexico Tech, LSU, Texas A&M (TEEX), and
NTS (Nevada). If you would like to attend any of the training, please go to the website and
download the application, fill it out and send it to the Training Department at Ohio EMA. You
can fax or e-mail the application. The fax number is: 614-799-3831, or contact the Ohio EMA
Training Supervisor at 614-799-3680.




                                             24
                                National Domestic Preparedness Consortium


Each of the institutions' focus is on developing and delivering products and services according to
their institutional base of expertise. Under this arrangement, the consortium has achieved
remarkable results in the nation’s unified effort to bring all levels of government, business, and
the emergency response community to new degrees of preparedness. Together, these members
collectively assist in preventing, protecting against, responding to, and recovering from incidents
of national significance.

The consortium’s strategic coordination and planning activities are led by a chairperson, who is
assisted by one principal from each member institution. The chairperson position rotates between
member organizations on a biannual basis. Each institution also provides a working group that
coordinates and integrates the operations of the consortium.


                                            EXERCISE

Ohio Revised Code (ORC) 5502.26, .27, and .271 requires the establishment of a program for
emergency management that includes the preparation and conduct of an annual exercise of the
county’s all-hazards emergency operations plan. In accordance with this requirement, all
agencies, boards, and divisions having emergency management functions within the political
subdivision shall cooperate in the development of the all-hazards emergency operations plan and
shall cooperate in the preparation and conduct of the annual exercise.

The primary emergency management exercise programs in the state of Ohio include the
following:

      Emergency Management Performance Grant (EMPG) EMPG awards assist State and
       local governments to sustain and enhance all-hazards emergency management
       capabilities. EMPG funds may be used to design, develop, conduct, and evaluate


                                              25
    emergency management related exercises, meaning the full spectrum of hazards facing
    the county/state (e.g., floods, tornados, acts of terrorism, agricultural, technological, etc.).
    All EMPG funded exercises must be coordinated with OEMA to ensure compliance with
    applicable grant and programmatic guidance.

   Homeland Security Grant Exercise Program (HSGEP) Administered and managed by
    OEMA. This program typically is funded through federal funds from the U.S.
    Department of Homeland Security. Exercise funds are allocated on an annual basis in
    accordance with applicable Federal grant guidance. Exercise hazards must either be
    terrorism or a natural, technological, or agricultural incident that is catastrophic in nature.
    All HSGEP funded exercises must be coordinated with OEMA to ensure compliance with
    applicable grant and programmatic guidance.

   Radiological Emergency Preparedness (REP) Program FEMA established the
    Radiological Emergency Preparedness (REP) Program to ensure the health and safety of
    citizens living around commercial nuclear power plants and that they would be
    adequately protected in the event of a nuclear power plant accident; and to inform and
    educate the public about radiological emergency preparedness. There are three (3)
    nuclear power plants that are either in, or impact the state of Ohio (Davis-Besse Nuclear
    Power Station in Oak Harbor, OH; Perry Nuclear Power Plant in Perry, OH; and Beaver
    Valley Nuclear Power Plant in Shippingport, PA). OEMA has a Radiological Branch
    that has the capability to respond to radiological emergencies on a 24-hour basis;
    conducts nuclear power plant and transportation accident response training; and supports
    the Utility Radiological Safety Board of Ohio (URSB).

   State Emergency Response Commission (SERC) Per divisions (A) (12) and (C) of
    section 3750.04 of the ORC, each local emergency planning committee (LEPC) must
    conduct an annual exercise of their chemical emergency response and preparedness plan.
    The exercise must be conducted during the State Fiscal Year (SFY), which runs from
    July 1-June 30. Exercises are conducted under a four year cycle. Oversight for SERC
    exercises is administratively handled by the OEMA Field Liaison that is assigned to each
    respective county. All SERC exercises must be coordinated with OEMA to ensure
    compliance with applicable SERC guidance. The ―Ohio Hazardous Materials Exercise
    & Evaluation Manual‖ on the Ohio EPA SERC website is the guiding document:
    http://epa.ohio.gov/dapc/serc/documents.aspx

   State Homeland Security Program (SHSP)- As part of the HSGEP, local SHSP funds
    may be utilized to fund exercises that are either an act of terrorism or a natural,
    technological, or agricultural incident that is catastrophic in nature. As with the HSGEP,
    SHSP funding is provided through federal funds from the U.S. Department of Homeland
    Security. Grant funds are allocated on an annual basis in accordance with applicable
    State and Federal grant guidance. All SHSP funded exercises must be coordinated with
    OEMA to ensure compliance with applicable grant and programmatic guidance.




                                          26
      Urban Area Security Initiative (UASI) The UASI program focuses on enhancing
       regional preparedness in major metropolitan areas. The UASI program directly supports
       the National Priority on expanding regional collaboration in the National Preparedness
       Guidelines, and is intended to assist participating jurisdictions in developing integrated
       regional systems for prevention, protection, response, and recovery. As of this writing,
       there are four (4) UASI cities in Ohio (Cincinnati, Cleveland, Columbus, and Toledo).
       As with the HSGEP and SHSP grants, UASI funds may be utilized to fund exercises that
       are either an act of terrorism or a natural, technological, or agricultural incident that is
       catastrophic in nature. UASI funding is provided through federal funds from the U.S.
       Department of Homeland Security. Exercise funds are allocated on an annual basis in
       accordance with applicable Federal grant guidance. All UASI funded exercises must be
       coordinated with OEMA to ensure compliance with applicable grant and programmatic
       guidance.

In addition to the aforementioned exercise programs, exercise requirements also exist for other
entities, including airports under Federal Aviation Administration (FAA) requirements; hospitals
under Joint Commission accreditation standards and requirements; local school districts; and
public health, under various grants from the Centers for Disease Control (CDC) and Health and
Human Services (HHS).

While there currently are a plethora of exercise programs in existence, OEMA is putting forth
considerable effort in the development of a single exercise program for the exercises that are
administered, managed, and coordinated by OEMA. In doing so, this will ultimately reduce the
number of exercises required for county EMAs.

OEMA offers exercise training courses on a regular basis for exercise design and development,
exercise evaluation, and specialized courses such as the Homeland Security Exercise and
Evaluation Program (HSEEP) Training Course. OEMA is also the conduit for the Master
Exercise Practitioner Program (MEPP) that is administered by FEMA.

There are several websites that contain exercise information that you may find of interest. Some
of those websites are:

      FEMA/EMI Independent Study Courses: http://training.fema.gov/IS/
      FEMA MEPP Information: http://training.fema.gov/emiweb/emiopt.asp
      HSEEP Website: hseep.dhs.gov or https://hseep.dhs.gov/pages/1001_HSEEP7.aspx
      Lessons Learned Information Sharing: https://www.llis.dhs.gov
      OEMA Training Website: http://ema.state.oh.us/training/

 Questions in regards to exercises should be directed to the OEMA Exercise Program Manager at
(614) 799-3660, or your respective Field Liaison.




                                            27
                      MACS/EMERGENCY OPERATIONS CENTERS

A Multiagency Coordination System (MAC) is not simply a physical location or facility. Rather,
a MAC System:
● Defines business practices, standard operating procedures, and protocols by which
participating agencies will coordinate their interactions.
● Provides support, coordination, and assistance with policy-level decisions to the ICS structure
managing an incident.

The two most commonly used elements of the Multiagency Coordination System are EOCs and
MAC Groups. In Ohio, we typically use the term ―EOC‖ rather than ―MAC Group‖. Again, in
Ohio, a MAC system consists of facilities such as a county EOC, Jurisdictional EOC,
Departmental EOC, and Dispatch Centers. The Emergency Operations Center (EOC) is the
central location from which all off-scene activities are coordinated. Senior elected and appointed
officials are located at the EOC, as well as personnel supporting critical functions, such as
operations, planning, logistics, and finance and administration. The key function of EOC
personnel is to ensure that those who are located at the scene have the resources (i.e., personnel,
tools, and equipment) they need for the response. In large emergencies and disasters, the EOC
also acts as a liaison between local responders and the state. EOCs are used in various ways at
all levels of government and within private industry to provide coordination, direction, and
control during emergencies. EOC facilities can be used to house Area Command and
multiagency activities, as determined by agency or jurisdiction policy.




There is no standard method for organizing an EOC (or MAC Group). Most coordination centers
are organized based on:
       ● Incident Command System Positions
       ● Management Functions
       ● Emergency Support Functions




                                            28
Inside the EOC, the following are Multiagency Coordination (MAC) systems functions:
     Situation Assessment: Collection, processing, and display of all information needed,
        including consolidating agency/jurisdiction situation reports, obtaining supplemental
        information, and preparing maps and status boards.
     Incident Priority Determination: Establishing the priorities among ongoing incidents
        within the defined area of responsibility is another component of MAC system.
        Typically, a process or procedure is established to coordinate on-scene responders to
        prioritize the incident demands for critical resources.
     Critical Resource Acquisition and Allocation: Managing scarce resources in line with
        incident priorities. Resource management includes identifying and acquiring needed
        resources, in addition to allocating existing or known resources.
     Support Relevant Incident Management Policies and Interagency Activities:
     Coordinating, supporting, and assisting with policy-level decisions and interagency
        activities relevant to incident management activities, policies, priorities, and strategies.
     Coordination with Other MAC Systems: Establishing systems to communicate and
        coordinate with other MAC systems at the same level, the level above, and the level
        below.
     Coordination with Elected and Appointed Officials: Keeping elected and appointed
        officials at all levels of government informed. Maintaining the awareness and support of
        elected and appointed officials of jurisdictions within the affected area is extremely
        important, as scarce resources may need to move from one agency’s or jurisdiction’s
        incident(s) to another of higher priority.
     Support Maintenance of a Common Operational Picture: By serving as a centralized
        source for collecting and analyzing information, personnel implementing the multiagency
        coordination procedures may provide summary information on incidents within their area
        of responsibility, and provide agency/jurisdictional contacts for media and other
        interested agencies.

The components of the EOC may be activated when an emergency situation threatens,
significantly impacts, or involves multiple agencies and/or political subdivisions; or when pre-
established threat levels are reached. No requirements exist on who can open, when you open, or
how you open. It is up to the jurisdiction on how your EOC functions. Very little is mentioned
in State Law on MACS or EOCs. The only real mention for locals is: ORC 5502.21 H (11) the
development and construction of emergency operations centers for the conduct and support of
coordination, direction, and control activities,

Course that discuss MACS/EOC:

      ICS-400 on MACS
      Ohio EMA Field Ops instructs a course on EOCs that instructs the ―traditional‖ way of
       operating an EOC.
      IS-701.a NIMS Multiagency Coordination System (MACS) Course
      IS-775, EOC Management and Operations
      G777, EOC Management and Operations
      G191, Incident Command System/Emergency Operations Center Interface
      E974, Incident Management Team/Emergency Operations Center Interface


                                             29
                                RESOURCE MANAGEMENT

Resource Management as defined by FEMA is a system for identifying available resources at
all jurisdictional levels to enable timely and unimpeded access to resources needed to prepare
for, respond to, or recover from an incident. Resource management includes mutual aid and
assistance agreements; the use of special Federal, State, tribal, and local teams; and resource
mobilization protocols.

Ensuring agreements such as mutual aid agreements and memorandums of understanding are in
place allows for all involved to understand the resources that are available and identify gaps in
resources for planning purposes. (Example MOU in Appendix E)

According to FEMA, there are 9 steps for effective resource management
   1. Certifying and Credentialing                     5. Mobilizing resources
      personnel                                        6. Tracking and Reporting resources
   2. Inventorying resources                           7. Demobilizations
   3. Identifying resource requirements                8. Recovering resources
   4. Ordering and acquiring resources                 9. Reimbursement

Resources include personnel, teams, facilities, equipment and supplies. The underlying resource
management concepts in the context of NIMS are:
   1. Providing a uniform method of identifying, acquiring, allocating and tracking resources.
   2. Ensuring efficient mobilization and an initial dispatch-to-demobilization record of the
      utilization of each resource through a standardized resource classification system.
      Standardized classification of resources provides a common language for resource
      identification and procurement regardless of source.
   3. Effectively incorporating mutual aid donations, enabled by the standard classification of
      kinds and types of resources to support the incident management organization.
   4. NIMS method of resource typing can be found online at the NIMS Resource Center
      under resource management www.fema.gov/emergency/nims

Many resources are purchased with grant funds and must be maintained, utilized, disposed of, or
sold according to the grant program under which they were purchased. Resources purchased for
regional use must be available for use within the defined region. Check with EMA’s in your
region to determine what resources may be available for your use that are housed in other
counties.

Use of equipment in an emergency is generally a reimbursable cost provided a declaration is
obtained. Consult FEMA’s Public Assistance Reference Manual (9500 series) for eligibility
details. It can be found on FEMA’s website at:

http://www.fema.gov/government/grant/pa/9500toc.shtm and these programs are discussed in the
Recovery Section below. Additionally, the FEMA schedule of equipment rates can be found at
http://www.fema.gov/government/grant/pa/eqrates.shtm and provides ideas of items to
potentially include in your resource directory.



                                            30
IMAC
Upon an emergency declaration by a local chief elected official, the emergency management
director can request personnel and resources from other jurisdictions in Ohio through the
Intrastate Mutual Aid Compact (IMAC). IMAC participants include all political subdivisions as
partners in the statewide mutual aid system. IMAC is explained in ORC 5502.41. The county
emergency management director will administer the IMAC program on behalf of her/his county
with other county EMA directors in Ohio. It is important to note private and non-profit agencies
and resources are not covered under this program.

EMAC
A Governor’s Disaster Declaration provides the initiating mechanism for the Emergency
Management Assistance Compact (EMAC) and is explained in ORC 5502.40. Coordinated
through Ohio EMA, EMAC resources may be deployed to and from nearly any state or territory
in the United States. EMAC resources may be accessed by emergency management directors
through their conduit of obtaining other state-related resources. The EMAC program ensures
portability of credentials, consideration of liability and workers compensation, as well as a
reimbursement process. This program may be activated at the request of the Executive Director
of Ohio EMA. It is important to note, however, private and non-profit agencies and resources are
not covered under this program.

Ohio Fire Chiefs’ Association’s Ohio Fire Service Emergency Response System (ERS)
It provides local fire chiefs with easy access to large quantities of fire service resources (hazmat,
water rescue, fire response resources, emergency medical services, incident management
assistance, etc.) that may be needed to respond to a major fire or natural or man-made disaster.
This system provides for rapid activation and response of fire service resources in quantities
beyond the means of a single fire department and local mutual aid. The ERS will be activated by
local Incident Commander(s) through a central dispatch point. The response will be coordinated
by one-or-more of eight Regional System Coordinators, who will interact and coordinate with
County System Coordinators in their region. County and regional coordinators will gather and
analyze information on available resources, type resources in accordance with NIMS resource
typing guidelines, and input the data into a central database. Regional and county coordinators
will also train personnel regarding the use of, and participation in, the ERS. EMA directors are
to be notified by the ERS when resources in their county are deployed outside their county.

Ohio’s Law Enforcement Response Plan (LERP)
LERP is a tool for local law enforcement agencies to acquire large quantities of law enforcement
resources in response to a domestic terrorist attack, a major disaster, or other emergencies. When
the LERP is activated, a LEADS resource request alert is sent to appropriate agencies. The LERP
system can only be activated through a Sheriff’s request (under ORC 311.07) or through a
Chief’s request under the Intrastate Mutual Aid Compact (ORC 5502.41). The Colonel of the
Ohio State Highway Patrol can also activate the LERP. A web-based database for the collection
of 104 pre-defined law enforcement resources is a part of the LERP system. System resources
are divided into seven major categories: Personnel, Standard Vehicles, Specialized Vehicles,
Aircraft, Specialized Teams, Watercraft and Equipment




                                             31
ORC 5502.29 Political Subdivisions may develop mutual aid agreements – EMAs may develop
mutual aid arrangements for reciprocal emergency management aid and assistance.

ORC 5502.40 Emergency Management Assistance Compact (EMAC) – The establishment of
bringing in mutual aid from across the country. It discusses issues such as repayment, liability,
and credentialing.

ORC 5502.41 Intrastate Mutual Aid Compact (IMAC) – Similar to EMAC above, except within
the specific border of Ohio.

Training available for Resource Management:

IS-703 Resource Management www.training.fema.gov
IS-26 Guide to PODS www.training.fema.gov


                                VOLUNTEER MANAGEMENT

Obviously, the use of volunteers brings with it the potential of liability and the use should be
discussed with local officials, including the prosecuting attorney. It is best to discuss these
matters before a disaster, so that emergency management officials have one less issue to deal
with when disasters occur. There are several variations of volunteers and laws that cover these
volunteers.

First is the volunteer that has a longtime association with the EMA. These volunteers are often
called ―EMA Volunteers‖ and have liability coverage under ORC 5502.30. These ―EMA
Volunteers‖ can also receive worker’s compensation benefits via ORC 4123.031-.037 once
administered the ―Oath‖ in ORC 5502.34. A list of the names of ―EMA Volunteers‖ should be
kept and worked with the risk management staff for the county to maintain worker’s
compensation coverage. OAC 4123-17-34 provides that ―BWC shall assign claims for
emergency management workers to the risk of the public employer taxing district that
administered the loyalty oath. BWC shall charge all costs of the claims to the surplus fund.
There is no payroll to be reported or premium charges for this coverage.‖ The only prerequisites
for this benefit are that the volunteer (emergency management worker) is duly registered with the
agency and that the volunteer (emergency management worker) has taken the loyalty oath set
forth in ORC section 5502.34. However, in the OAC it sites an appendix. In the appendix it
states:

Note: the bureau shall assign claims for emergency management workers occurring due to a
disaster or an emergency as provided under sections 4123.031 to 4123.037 of the Revised Code
to the risk of the public employer taxing district that administered the loyalty oath. The bureau
shall charge all of the costs of such claims to the surplus fund. There is no payroll to be reported
or premium charged for this coverage.

By reading this, the coverage is only allowed in a disaster and there is no coverage during
exercises or normal operations. Another means of workers’ compensation coverage should be



                                             32
identified. If you have ―all your ducks in a row‖ and the accident occurs during a disaster, the
BWC will pay the case but will ―assign claims for emergency management workers to the risk of
the public employer taxing district that administered the loyalty oath‖ that may increase your
rates. Another good read regarding this subject is the October 25th, 2007 BWC adjudicating
hearing for claim # 06-880060 from Hamilton County. The case is stored on the EMAO website
http://www.emaohio.org/ in the ―Legal files‖.

The next version of volunteer is one that does not have a relationship with EMA, but has
registered with the Ohio Community Service Council. In ORC 121.404, the volunteer also has
liability coverage, and also much information pertaining to the volunteer is not a public record as
identified by ORC 149.43. Some counties have elected to make these individuals ―EMA
Volunteers‖. Caution should be urged when dealing with volunteers in liability and worker’s
compensation coverage as stated previously!

Another volunteer related activity is that of a volunteer reception center (VRC). A VRC is a
location where individuals can show up and be assigned tasks that need to be performed, often
coordinated by the EOC. The volunteers can be affiliated with the Ohio Community Service
Council via pre-registration, or completely unaffiliated. Many VRC’s are operated to register the
unaffiliated volunteers to comply with ORC 121.404. It has been discussed to make these
individuals ―EMA Volunteers‖, and now would have worker’s compensation coverage. Caution
should be heeded here, as this was not the original intent of the law and should be discussed with
elected officials, the Prosecuting Attorney’s Office, and risk management staff before
attempting.

Suggested course is IS-244 Developing and Managing Volunteers


                                DONATIONS MANAGEMENT

The development of a donation management plan is essential in emergency management. During
emergencies, unplanned deliveries of donated goods and services to a disaster site can jam
distribution channels, overwhelm volunteer agencies, and hamper life-saving operations.
Donations management can easily turn into ―debris management‖ when unwanted goods or trash
arrive, and can turn even worse into ―hazmat response‖ if ―donations‖ contain Freon! Careful
planning for the coordination of donations will reduce or eliminate problems associated with this
issue. A plan can designate the donations management coordinator and the facilities to manage
the distribution system. A good donation management plan establishes the procedures and
criteria for accepting, coordinating, and delivering donated goods and services.

ORC 5502.32 Acceptance of private offers of assistance for purposes of emergency management
– The law allows political subdivisions to accept help in the cause of emergency management.

Suggested Course is G288 Donations Management Workshop




                                            33
             PUBLIC INFORMATION (MEDIA AND OPEN GOVERNMENT)

Just as every county must have an Emergency Operation Plan, an Emergency Operations Center
and a designated EMA director, so too must the county have a Public Information program and
an identified Public Information Officer (PIO). The function of PIO is to collect, verify and
disseminate information to the public through effective communication with the media, which
will enable people to make decisions and take actions to save lives, reduce injury and harm, and
to protect their property. Public Information can be used to call people to action, to educate and
inform, to encourage change in behavior or attitudes, and to create a positive image of
Emergency Management.

Although the assumption may exist that the County EMA director should also serve as the Public
Information Officer, the reality is that during an emergency, the director will have too many
duties and responsibilities to effectively serve in both capacities. Therefore, it is imperative that
the county designates a Public Information Officer (PIO), who can deal with the media while the
EMA Director is dealing with the emergency.

When seeking an individual to serve as the PIO, some of the qualities or attributes that person
should exhibit include:

      Thorough knowledge of education, response and recovery programs
      Have the trust of the responders and government leaders to speak on their behalf
      Availability to respond to an emergency on a 24/7 basis
      Knowledge of media relations, journalism and public speaking
      Knowledge of emergency public information techniques and procedures

An ideal PIO may be found within existing county networks, offices or agencies. For example,
many hospitals have designated PIOs, as do many local fire or law enforcement agencies. PIOs
may be recruited from local businesses or the Chamber of Commerce. The EMA director could
also recruit PIO assistance from retired public relations specialists, former reporters or even
teachers and principals who reside in the county.

During times of non-emergency, the EMA director and the PIO should work together to develop
various awareness and education campaigns, deliver presentations and speeches to local civic
and volunteer groups. Finally, the PIO should consider developing/designing websites and a
wide range of other public awareness information tools.

Dealing with the Media
The media is a very powerful and important resource; no other resource in a county has the
ability to disseminate critical, possibly life-saving information with the speed and efficiency as
the news media.

During a disaster event, the news media will demand, and should be given information as
quickly as possible. This will be the primary duty of your designated PIO. Very close attention
to the needs of the news media during a disaster will lead to much better media relations during
―non-emergency‖ times. It is far more likely your local news media will devote time and space



                                             34
to a soft or feature story on you or your agency, or local emergency management programs if you
have been responsive and sensitive to the media’s requirements during a disaster situation.

A few guidelines when you talk with the news media:

      Never lie
      Never talk about programs or policies you don’t know about
      Never speculate
      Use the present tense and keep your answers direct, short and to the point
      Say something positive in every answer
      Use the name of your EMA in every answer
      You can say you don’t know, but never say ―no comment‖
      Never go off the record
      Never get angry
      Never argue
      Always assume you are being recorded.

Know your subject matter and know what you want to say. Anticipate questions and your
responses to them. Individuals who will serve as the PIO should consider taking the Basic Public
Information Course available from the Ohio EMA.

Courses:

      Basic Public Information Officers, G290
      IS-250 Emergency Support Function 15 (ESF 15) External Affairs: A New Approach to
       Emergency Communication and Information Distribution
      IS-702.a – National Incident Management System (NIMS) Public Information Systems
      IS-704 NIMS Communications and Information Management

Open Government
In government, we have to abide by different rules than if working in business. Pretty much
everything we do in government is open to the public, besides LEPC (ORC 3750.02 or ORC
3750.10), Homeland Security records (ORC 149.433), and Volunteer records (ORC 121.404).
Handbooks exist to discuss this issue, often titled ―Sunshine Laws‖.

ORC 149.43 Availability of Public Records for Copying and Inspection – The law that covers
open records.

ORC 121.22 Public Meeting Exceptions – (F) Every public body, by rule, shall establish a
reasonable method whereby any person may determine the time and place of all regularly
scheduled meetings and the time, place, and purpose of all special meetings. A public body shall
not hold a special meeting unless it gives at least twenty-four hours advance notice to the news
media who have requested notification, except in the event of an emergency requiring immediate
official action. In the event of an emergency, the member or members calling the meeting shall
notify the news media who have requested notification immediately of the time, place, and
purpose of the meeting.


                                           35
ORC 5502.33 Political Activity Prohibited – The title pretty much says it all. It should also be
noted that in the statutes establishing emergency management (.26, .27, and .271), the EMA
Director cannot be an elected official.


                                     DISASTER RECOVERY

Recovery is a multistage process that is divided into two areas: short and long term. Short term
recovery includes the immediate needs of the community. For example: utilities, opening of
roadways, temporary housing locations, debris dumping locations, and restoration of other
critical infrastructure. Long term recovery targets the economics of the community. This is a
slow process that may take years, but the critical part of this process is not to make the same
mistakes twice. As an example non-conforming uses in local zoning can now be addressed. Also
for example, the public utility or critical infrastructure that is in the wrong location can be rebuilt
where it will not be affected a second time. Don’t make the same mistakes twice. This is the
time to be very active with your local Economic Development, Planning departments, and
community leaders in your county. By developing a disaster resistant community, you also
build a disaster resistant economy following a disaster.

Disaster assistance may be made available through the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended by Public Law 106-390. This law establishes a process
for requesting and obtaining a Presidential disaster declaration, defines the type and scope of
assistance available from the Federal Emergency Management Agency (FEMA), and identifies
the conditions for obtaining that assistance. FEMA, under the Department of Homeland
Security, is tasked with coordinating response and recovery activities.

42 U.S.C. § 5121 et seq. provides the legal authority for these response and recovery activities.
44 Code of Federal Regulations (CFR) section 206 specifically identifies the following disaster
assistance programs and applicable definitions, intent, criteria, scope, policies and procedures for
the FEMA Individual Assistance (IA) Program, Public Assistance (PA) Program, and the Hazard
Mitigation pre and post disaster programs. 44 CFR part 13 provides the administrative guidance
for Federal grants, cooperative agreements and sub awards to State, local and Indian Tribal
governments.

Primary areas of disaster assistance addressed in the Stafford Act are: Individual Assistance (IA),
Public Assistance (PA) and Hazard Mitigation. IA addresses losses and damages that impact the
private sector; PA focuses on response and recovery costs incurred by governmental entities; and
Mitigation focuses on pre and post disaster activities, which lessen or eliminate future damage.

The U.S. Small Business Administration (SBA) is a key partner in IA recovery with its
home/personal property/business disaster loan program. SBA is unique because it has its own
authorities, separate from the Stafford Act. SBA has different regulations and loan programs that
may be available with or without a Presidential declaration, which includes IA. Please note that
although SBA is not cited in the Stafford Act, this program is automatically made available if
there is a Presidential declaration that includes IA.




                                              36
                                       DAMAGE ASSESSMENT

Damage assessment is a systematic process used to determine the impact (who and what was
affected) and magnitude (what were the consequences) of an event. Individual Assistance (IA)
Preliminary Damage Assessment (PDA) is the assessment of the private sector (primary homes
and businesses). IA addresses the ―people problems.‖ The public sector assessment, such as
state and local government and certain private non-profit organizations, is referred to as the
Public Assistance (PA) PDA. The IA and PA terms are applied because they reflect the titles of
the applicable federal assistance programs.

While all event-related information is relevant, keep in mind this is an assessment of costs (PA)
and degrees of damage (IA) relative to the event, NOT situational assessment or the Common
Operating Picture of the response activities.

The Damage Assessment Annex of the county EOP should describe the process of conducting
damage assessment. Speed, accuracy and detail are important in order to obtain the maximum
amount of information in a short period of time. Therefore, the procedure to collect and properly
analyze damage information should be established before a disaster occurs. The identification
and training of personnel tasked with damage assessment is critical to this process. The Disaster
Recovery Branch (DRB) (614-799-3669) has responsibility for addressing damage assessment
training at Ohio EMA and offers a 2.5 hour Damage Assessment Course (OH605).

Local Damage Assessment/Channeling of Results

1. Ohio EMA would like to see an Event Overview Report Form no later than 12 hours after the
   start of the event. This form only requires basic information related to the situation in your
   county.

2. The more detailed damage assessment begins at the local level and can be gathered by either
   local officials of the affected communities (i.e. townships, cities, county offices), or your
   county EMA organized Damage Assessment Teams (if developed). Remember to also
   contact schools and universities (private and public), authorities and special districts, such as
   airports or watershed conservancy districts, and certain Private-Non-Profit Organizations.
   These local assessments of IA and PA damages are reported to the county EMA/EOC. While
   information regarding both IA and PA are a high priority, the IA assessment should have
   the most urgency.

   The more detailed Damage and Needs Assessment Form should be provided to DRB within
   36 hours after the start of an event. This form captures both the IA and PA assessments
   conducted by local officials and/or the EMA damage assessment team.

3. Once local assessments are gathered, the EMA office will forward the data to the Disaster
   Recovery Branch (DRB) of the Ohio EMA. Transmission is either emailed/faxed directly to
   the State EOC (if activated) at EOCASSMT@dps.state.oh.us /(614) 764-2411, or can be
   faxed directly to DRB at (614) 791-0018.




                                            37
State Damage Assessment

Ohio EMA/DRB will evaluate the IA and PA assessment information you submit. If needed,
members of DRB and/or a field liaison may be deployed to your county to assist with
verification of assessment information.

Federal Damage Assessment

Once the local and state assessment information is finalized, and if warranted due to the impact
of the event, the Governor’s Office and Ohio EMA will formally request a Joint PDA with
FEMA and the Small Business Administration (SBA).

1. Scheduling of the Joint PDA will more than likely occur on short notice and the dates and
   times will be decided by FEMA and the State.

2. FEMA is the lead for the Joint IA and PA PDA Teams.

3. Joint IA PDA
   The Joint IA PDA team consists of FEMA/SBA/State and local partners. An IA PDA team
   will be deployed to a county to verify local reports and provide a current assessment of
   private sector impact. The number of teams deployed and the number of counties surveyed
   will be based on the magnitude of the event. Each team will meet with the county EMA
   representative and/or lead local official(s) at a predetermined location (usually the county
   EOC) prior to proceeding on a LOCAL REPRESENTATIVE LED tour of the impacted
   area(s) in the county. It is imperative that the local partner assigned to escort the PDA team
   have considerable knowledge of the damaged areas. The route should be preplanned to allow
   inspection of major damage, with as little wasted time as possible.

   In the event damages do not meet FEMA’s criteria for a major disaster declaration, the State
   may seek an SBA agency-only declaration from the Small Business Administration. This
   declaration authorizes SBA to make its disaster loan program available to homeowners,
   renters and businesses to cover uninsured property losses. The minimum criteria of 25 or
   more, homes and/or businesses, having at least 40% uninsured damages, must be met to
   receive this declaration. The 40% generally equals the impact that meets the (FEMA)
   criteria for being classified as 25 Majors and/or Destroyed properties. To receive an SBA
   agency-only declaration, the Governor must make a written request to SBA, with supporting
   PDA information, certifying that the SBA criteria has been met. At such time, SBA will
   schedule a survey of damages with state and local partners.

4. Joint PA PDA
   The Joint FEMA/State PA Team(s) will deploy in fashion similar to the IA Team(s).
   However, the PA Team will oversee a meeting with representatives of the impacted public
   and private-non-profit organizations. The meeting will entail one-on-one interviews between
   a PDA team representative and representative(s) of each attending entity. Each entity should
   bring copies of their most current damage assessment forms and summary documents for
   delivery to, and discussion with their team interviewer.



                                            38
   Ohio EMA and FEMA will staff the team based on the number of anticipated entities that
   will attend. The local EMA office will need to inform each affected entity to be sure they
   know what and who to bring to the meeting. To make the best use of time, county EMA
   offices may want to consider staggering meeting attendance. This means having half the
   entities arrive for one session, and the other half at a second session. The time between
   sessions, and number of PDA team members needed, should be discussed with the Ohio
   EMA PA PDA Managers, typically the State PA Officer, prior to the meeting.

   Following the meeting, the team may visit sites where there is significant damage to critical
   public facilities (waste/water treatment plants, utility systems, fire/police/municipal/hospital
   buildings, etc). Be mindful, a PA PDA Team is typically tasked with surveying two counties
   a day, so post-meeting time for site visits will be limited.

Results of the Joint PDA

Results of the Joint PDA may or may not lead to the Governor requesting assistance from FEMA
or the SBA.

Summary

You and your staff are not alone. DRB staff are ready and able to provide you and your staff
members with technical support for this function, both day-to-day, and in the aftermath of an
event. As mentioned, DRB delivers one-day (G605) and 2.5 hour versions (OH605) of the
Damage Assessment Course.

IA questions may be directed to the State IA Officer (614) 889-7177, State IA Specialist (614)
799-3671, or the DRB Branch Chief at (614) 799-3669.

PA questions may be directed to the general line (614) 799-3665, the State PA Officer (614)
799-3667, Deputy PA Officer, (614) 799-3668 or the Branch Chief at (614) 799-3669.

Reference Section

The Recovery Page on the Ohio EMA website, www.ema.ohio.gov, provides the tools necessary
to conduct and document an assessment of damages and costs that result from an event, as well
as programmatic and debris management information and links to other relevant locations. Ohio
EMA DRB web pages and brief explanations of each follow:

1. Recovery Page: www.ema.ohio/gov/RecoveryBranch.aspx
   The main page offers a general overview of DRB responsibilities, duties and services. Links
   at the left side of the page go to the Assistance Toolbox, Disaster Sequence (Federal
   Declaration Process), Debris Management, Public and Individual Assistance pages.




                                            39
2. Assistance Toolbox: www.ema.ohio.gov/Recovery_DAToolbox.aspx
   Explanation of Toolbox proper and listing of Tabs and Fillable Damage Assessment Forms.
   The Toolbox provides DRB Contact information, Disaster Summary of Events (Tab A),
   Generic Announcements (Tab B), General/IA/PA Damage Assessment Forms (Tab C), IA
   Criteria (Tab D), PA PDA and PA Applicants Briefing checklist (Tab E), Hazard Mitigation
   Overview (Tab F), and Terms and Acronyms (Tab G)

3. Debris Management: www.ema.ohio.gov/Recovery_DebrisInfo.aspx
   This section includes a current version of the Debris Fact Sheet for Local Officials, a copy of
   the Sample Local Debris Management Plan, a link to FEMA’s Debris Management pages
   and a copy of FEMA’s Debris Removal Operations Strategy, 2007-2.

4. Public Assistance Grant Program: www.ema.ohio.gov/Recovery_PAGrantProgram.aspx
   This page provides an overview of PA and access to the PA Handbook, program forms and
   FEMA PA websites. This is a one-stop-shop for documents, tools and links needed to
   understand and administer PA.

5. Individual Assistance: www.ema.ohio.gov/Recovery_IA.aspx
   This page provides an overview of the State IA Program (currently unavailable) and links to
   the (IA) Preliminary Damage Assessment Field Guide, SBA and National Flood Insurance
   websites.

   NOTE: The IA PDA Field Guide is a MUST user tool for understanding the specifics of
   determining the category of damage to a residential structure. No (local) IA Damage
   Assessor should deploy to the field without one!


                                  DEBRIS MANAGEMENT

Numerous hazards have the ability to generate significant amounts of various types of debris.
Debris deposited on public and private lands can disrupt local government emergency operations
and bring day-to-day business to a standstill. Removing, reducing and disposing of event-
generated debris must be a high priority for decision makers at all levels of government.

Issues related to debris management include: pre-event forecasting of and post-event estimating
of quantities of debris, identification of local agencies responsible for debris management,
capabilities of in-house resources, volume reduction techniques and recycling. Another issue is
compliance with applicable contracting procedures and methods. County and local officials
should be reminded that an emergency declaration at a given level of government
(local/county, state, federal) does not necessarily authorize a waiver of day-to-day
contracting requirements and procedures. Disposal issues include identification of available
temporary and permanent disposal sites, and partnering with the local Solid Waste Management
District and the local Environmental Protection Agency (EPA). Applicable historic and
environmental laws must also be considered. A Debris Management Plan is the tool necessary to
ensure an effective and timely response with orderly recovery, so that operations can be
addressed in an organized, efficient and cost-effective manner.



                                            40
Development of a pre-event Debris Management Plan which defines the roles of critical
agencies, personnel needed to execute debris clearance, removal and disposal activities, resource
activations and contracting procedures, is a resource that should be considered by all
jurisdictions within a county. A Debris Management Plan should actively cover the county and
be supported by local jurisdictional plans (municipalities, cities, townships). The more ―locally‖
focused the Plan, the better, since the majority of decisions and expenditures on this subject are
undertaken by officials of those local jurisdictions that are affected by an event.

The Ohio EMA, FEMA and Ohio EPA, among other sources, have a wealth of relevant
information available at their websites for local officials to use for planning, response, recovery
and mitigation purposes related to debris management. Following, is an overview of the most
comprehensive and complete tool on this subject, the Debris Fact Sheet:

Debris Fact Sheet for Local Officials

This document is the one-stop shop for any official with a role or responsibility for debris
management related activities. The Debris Fact Sheet includes sections or pages in the following
order from the front page: Overview, Contact List, Management Options Chart, Debris
Management Site Information, Ohio EPA Resources, and Contracting and FEMA Eligibility.
The Fact Sheet also includes several web addresses.

The Fact Sheet and related information, to include the Sample Local Plan, may be accessed from
the Debris Management page of the Recovery Branch section of the Ohio EMA website at,
www.ema.ohio.gov/Recovery_DebrisInfo.aspx.

The Fact Sheet may be accessed directly at,
www.ema.ohio.gov/Documents/DRB/debris_fact_sheet.pdf. Further policies and guidance can
be found at FEMA’s website at, http://www.fema.gov/government/grant/pa/demagde.shtm
(FEMA 325 Debris Management Guide).

For additional information, please call Ohio EPA, Division of Solid and Infectious Waste
Management at (614) 644-2621 or Ohio EMA, Disaster Recovery Branch at (614) 799-3665.




                                             41
                                         MITIGATION

―Mitigation is an attitude that takes time and long term educational work to develop locally.‖
Partner with your other local and state agencies and departments that have similar interests such
as:
      Parks
      Planning Services
      Soil and Water
      Local Agricultural Society
      Conservation organizations/Land Conservancy groups
      Ohio State Extension Service
      ODNR
      OEMA

Mitigation is any sustained action to reduce or eliminate long-term risk to people and property
from natural hazards and their effects. The mission of the Ohio EMA Mitigation Branch is to
integrate mitigation principles in a variety of ways to make Ohio communities more sustainable
and resilient to natural hazards. The Mitigation Branch accomplishes this mission by
maintaining The State of Ohio Hazard Mitigation Plan, supporting local mitigation planning
efforts, and administering the Federal Emergency Management Agency’s (FEMA) Hazard
Mitigation Assistance (HMA) grant programs in Ohio.

Mitigation Planning

A mitigation plan represents a jurisdiction’s commitment to reduce risks from natural hazards,
and serves as a guide for decision makers as they commit resources to reducing the effects of
natural hazards. The process of developing a mitigation plan is very similar to other planning
processes that your community may have undertaken. The specific content that must be included
in state and local mitigation plans is found in 44 CFR 201. In general, the mitigation planning
process involves:
     Identifying the hazards that have historically occurred or could occur in your community

      Identifying people, property and assets that are vulnerable to damage from those hazards
       and estimating potential losses

      Developing strategies and actions that your community can implement to reduce the
       known risk, and

      Implementing and maintaining the plan

Communities must have a FEMA approved and locally adopted natural hazard mitigation
plan in order to apply for and receive HMA project grant funds. Local mitigation plans
must be updated and approved by FEMA every five years.


                                            42
The Mitigation Branch provides technical assistance to communities that are developing natural
hazard mitigation plans. The Mitigation Branch also reviews draft local natural hazard
mitigation plans for compliance with 44 CFR 201.6, and submits them to FEMA for final review
and approval.

Mitigation Projects and Actions

A community’s mitigation plan should include a wide range of mitigation projects and actions
that will reduce risk. Examples of mitigation projects include: the acquisition, elevation, or
relocation of repetitively flooded structures; floodproofing non-residential or historic structures;
saferoom construction; and storm water projects. The most common source of funds for
mitigation projects are FEMA’s HMA programs, but many mitigation projects are funded
locally, or with other funding sources.

The Ohio EMA, Mitigation Branch administers HMA programs in Ohio. The five HMA grant
programs include: the Hazard Mitigation Grant Program (HMGP), Flood Mitigation Assistance
(FMA), Pre-Disaster Mitigation (PDM), Repetitive Flood Claims (RFC) and the Severe
Repetitive Loss (SRL) program. The HMGP is made available only after a Presidential disaster
declaration; the other four mitigation grant programs have annual application cycles. In general,
any proposed activity must be cost effective, technically feasible, and meet environmental and
historic preservation requirements. Communities must also be participating and in good standing
in the National Flood Insurance Program (NFIP). Ohio EMA Mitigation Branch staff are
available to provide technical assistance on project development and implementation.
There are many mitigation actions that a community can implement that do not require grant
funding, but can dramatically reduce your community’s risk. Examples of mitigation actions
include: adopting local flood damage reduction regulations that exceed minimum NFIP criteria;
adopting local building, zoning, and or storm water regulations; educating citizens about natural
hazard risk and mitigation; and incorporating local mitigation plan information into other local
planning processes. Ensuring that mitigation concepts are incorporated into future development
decisions, by adopting and enforcing land use regulations, is the most effective form of
mitigation.

Mitigation Regulations

      Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288 as
       amended, 42 U.S.C. 5121 et seq., and Related Authorities, commonly referenced sections
       include:

           o 203, Pre-Disaster Hazard Mitigation
           o 312, Duplication of Benefits
           o 322, Mitigation Planning
           o 404, Hazard Mitigation




                                             43
      The National Flood Insurance Act of 1968, as amended, and The Flood Disaster
       Protection Act of 1973, as amended, 42 U.S.C 4001 et seq.

      Title 44 of the Code of Federal Regulations, commonly referenced Parts include:
          o 10, Environmental Considerations
          o 13, Uniform Administrative Requirements for Grants and Cooperative
            Agreements to State and Local governments
          o 78, Flood Mitigation Assistance
          o 79, Flood Mitigation Grants
          o 80, Property Acquisition and Relocation for Open Space
          o 201, Mitigation Planning
          o 206, Federal Disaster Assistance, Subparts M and N
Additional Mitigation Resources

      Hazard Mitigation Assistance Unified Guidance (revised annually in June)

      FEMA 317, Property Acquisition Handbook for Local Communities

      FEMA 320, Taking Shelter from the Storm: Building a Saferoom for your Home or Small
       Business

      FEMA 361, Design and Construction Guidance for Community Saferooms

      FEMA 386-1 thru 386-9, Mitigation Planning How-To Guides

      Local Multi-Hazard Mitigation Planning Guidance

      OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments
Mitigation classes recommended:
Ohio EMA
G318

EMI
E273 Managing Floodplain Development Through the National Flood Insurance Program
E276 Benefit-Cost Analysis: Entry-Level Training
E278 National Flood Insurance Program/Community Rating System (NFIP/CRS)
E313 Basic HAZUS-MH

ODNR
Statewide Floodplain Management Conference (Usually in August every year - contact the
ODNR Floodplain Management Program for details)


                                          44
                   CONTINUITY OF OPERATIONS PLANNING
The primary purpose of a Continuity of Operations (COOP) Plan is to ensure that each
government agency is prepared to continue essential services for the residents during any
disruption of normal operations. The theories of COOP can also be applied to the private sector.
During a disruption, the EMA will be expected to assist in allocating resources. As such, it will
be necessary for each department to know their needs for an alternate location, space,
equipment/supplies and personnel. Getting each agency to identify these resources prior to a
disruption, will decrease the demand on the EMA during an incident. By limiting or eliminating
disruptions to essential services within a county, a COOP plan should also, at a minimum, do the
following:

      Reduce loss of life and property during a disaster
      Protect vital records, facilities and equipment from damage(s) resulting from disasters
      Ensure an efficient and timely recovery
      Ensure uninterrupted command, control and leadership of the county
      Reduce the stress and confusion for personnel of affected entities after a disaster

                                           Where to Start?
The prospect of creating a Continuity of Operations Plan can seem daunting. A excellent place
to start is with your governing body. If your EMA office is organized in accordance with ORC
5502.26 or ORC 5502.271, present the idea of a COOP plan to your executive board or county
commissioners, respectively. Once you have "buy-in" from these officials, you can then work on
the hardest part of continuity of operations: getting "buy-in" from individual county departments
and agencies. In times of relative calm, it is often very difficult to get agencies, outside of public
safety, to plan for disasters. An essential element in getting participation is to develop the COOP
for the EMA first. This will not only provide a template that each department can use, but will
also assure the EMA’s expertise on the plan and planning process.

The best way to approach agencies in participating in the COOP, is to first contact the
department head of each agency and get them to buy-in on the plan. Generally, department heads
are very knowledgeable about what their essential services are, what they would need during a
disruption, and it’s easier to explain to them the possible effects of the disruption. Key elements
to identify, when trying to get participation, should include how their department can benefit
from a COOP. Provide some examples such as a ―go-kit‖, a USB file containing critical
documents, and an alternate location. This helps the agency to be able to connect with the COOP
and identify its overall objectives. In addition, explain to them the possible detrimental effects
that would happen if they do not prepare and plan for a disruption of daily operations. One of the
most important elements into getting participation is to provide your knowledge and services
throughout the construction of their COOP. Do not write the COOP for them, because this will
cause them to not be familiar with the plan, but help them and stay with them throughout the
planning process. Their ability to be sufficient during a disruption will decrease their need for
you during an incident.




                                             45
The following plans would aid a director in starting his or her own COOP plan:
       Walla Walla County, Washington Continuity of Operations Plan
       Guernsey County, Ohio Continuity of Operations Plan
       Fairfax County, Virginia Continuity of Operations Plan
       Delaware County, Ohio Continuity of Operations Plan

Authorities: State authorities should also be mentioned. Some ORC Sections to include are:
161.01 Emergency interim government definitions
161.05 Succession in political subdivisions
161.06 Interim successors by officers of political subdivisions
161.07 Powers of emergency interim successors
161.08 Limiting successions
161.09 Postponing elections
305.03 Absence of county officers - office deemed vacant
307.01 County buildings, offices, equipment
307.02 Methods for providing county facilities
307.86 Competitive bidding required
315.13 Emergency repairs - county engineer's emergency repair fund
505.08 Emergency contracts
735.051 Emergency conditions obviate formal bidding and advertising for contracts
2917.13 Misconduct at emergency
5502.21 Emergency management definitions
5502.24 Designation of temporary seats of state and local government in event of emergency
5502.42 Civil defense certificate of necessity - application
5502.43 Notice and hearing prior to issuance of certificate - revocation or modification
5502.44 Distribution of certificate
5502.45 Appeal
5502.46 Revocation due to fraud - taxes and penalties
5502.51 Rules and standards for issuance of certificates

                          Additional Questions and Educational Resources
Training-Education:
       Emergency Management Institute –FEMA Independent Study Program Courses
           IS-546 Continuity of Operations Awareness Course
             http://training.fema.gov/EMIWeb/IS/is546a.asp
           IS-547 Introduction to Continuity of Operations
             http://training.fema.gov/EMIWeb/IS/is547a.asp
           IS-520 Introduction to Continuity of Operations Planning for Pandemic
             Influenzas http://training.fema.gov/EMIWeb/IS/is520.asp
           IS-548 Continuity of Operations (COOP) Program Manager
             http://training.fema.gov/EMIWeb/IS/is548.asp

Reference Documents:
          1. Assessment Crosswalk: Continuity Evaluation Tool
             http://www.fema.gov/pdf/government/coop/cet.pdf
          2. DHS COOP Plan Template
             http://www.fema.gov/doc/government/coop/coop_plan_blank_template.doc




                                                  46
           3. DHS COOP Plan Template Instruction
              http://www.fema.gov/doc/government/coop/coop_plan_template_instructions.doc
           4. Federal Preparedness Circular Continuity of Operations (COOP) Pandemic
              Influenza Guidance
              http://www.fema.gov/pdf/government/coop/coop_influenza.pdf


                    NATIONAL INCIDENT MANAGEMENT SYSTEM

The National Incident Management System (NIMS) provides a consistent nationwide framework
and approach to enable governments at all levels (Federal, State, tribal, and local), the private
sector, and nongovernmental organizations (NGOs) to work together to prepare for, prevent,
respond to, recover from, and mitigate the effects of incidents, regardless of the incident’s cause,
size, location, or complexity. Consistent application of NIMS lays the groundwork for efficient
and effective responses, from a single agency fire response, to a multiagency, multijurisdictional
natural disaster, or terrorism response. Departments and jurisdictions that have integrated NIMS
into their planning and incident management structure can arrive at an incident with little notice,
and still understand the procedures and protocols governing the response, as well as the
expectations for equipment and personnel.

Major components comprise the NIMS framework:

      Command and Management: NIMS standard command and management structures are
    based on three key organizational systems:

             ICS: The Incident Command System (ICS) defines the operating characteristics,
           interactive management components, and structure of incident management and
           emergency response organizations throughout the life cycle of an incident. It is a
           scalable structure based on common terminology and common management concepts.

             MACS: A Multiagency Coordination System facilitates the process of
           multiagency coordination, which allows all levels of government and all disciplines to
           work together more efficiently and effectively. More specifically, the primary
           function of MACS is to coordinate activities above the field level and to prioritize the
           incident demands for critical or competing resources, thereby assisting the
           coordination of the operations in the field. A MACS consists of a combination of
           elements: personnel, procedures, protocols, business practices, and communications
           integrated into a common system. Emergency Operations Centers (EOCs) are one of
           several system elements included within the Multiagency Coordination System
           (MACS). EOCs are intended to facilitate MACS functions, and may provide support
           to Area Command, Incident Command, or Unified Command when resource needs
           exceed local capabilities.

            Public Information Systems: Public information systems refer to processes,
           procedures, and systems for communicating timely and accurate information to the
           public during crisis or emergency situations.


                                             47
       Preparedness: Effective incident management begins with a host of preparedness activities
    conducted on a ―steady-state‖ basis, well in advance of any potential incident. Preparedness
    involves an integrated combination of planning, training, exercises, personnel qualification and
    certification standards, equipment acquisition and certification standards, and publication
    management processes and activities.

       Resource Management: NIMS defines standardized mechanisms (often called Typing) and
    establishes requirements for processes to describe, inventory, mobilize, dispatch, track, and
    recover resources over the lifecycle of an incident.

       Communication and Information Management: NIMS identifies the requirements for a
    standardized framework for communications, information management (collection, analysis, and
    dissemination), and information sharing at all levels of incident management.

       Ongoing Management and Maintenance: This component establishes an activity to provide
    strategic direction for an oversight of NIMS, supporting both routine review and the continuous
    refinement of the system and its components over the long term. Multi-discipline and multi-
    jurisdictional working groups have been formed to address the many challenges presented by
    establishing standardization and interoperability on a national level.

    Most incidents are managed locally. The initial response to most domestic incidents is typically
    handled by local dispatch centers, emergency responders within a single jurisdiction, and direct
    supporters of emergency responders. Most responses need go no further. In other instances,
    incidents that begin with a single response discipline within a single jurisdiction may rapidly
    expand to multi-discipline, multi-jurisdictional incidents requiring significant additional
    resources and operational support. When a single incident covers a large geographical area,
    multiple local ICS organizations may be required. Effective cross-jurisdictional coordination,
    using processes and systems described in the NIMS, is absolutely critical in this instance. Local
    participation in the implementation of the NIMS components is an essential step toward effective
    cooperation and communication between levels of government, as well as between various
    jurisdictions.

    Ohio Revised Code 5502.28(c) states: ―The national incident management system (NIMS) is
    hereby adopted as the standard procedure for incident management in this state. All departments,
    agencies, and political subdivisions, within the state, shall utilize the system for incident
    management.‖ All jurisdictions and departments in Ohio, regardless of size, are expected to
    recognize NIMS as the model for preparedness and incident management, and to participate in
    related planning, training, and exercises.

    In addition, Homeland Security Presidential Directive 5 (HSPD-5) requires that federal agencies
    tie federal preparedness funding eligibility directly to progress on NIMS implementation.
    Inability to demonstrate compliance with required NIMS implementation activities will affect
    federal preparedness funding eligibility at all levels– state, county, local jurisdiction or
    department. Those receiving, or planning to receive, federal preparedness funding from any
    federal sources should examine the applicable grant guidance to determine eligibility
    requirements.



                                                48
NIMS implementation requirements have encompassed training and exercise, mutual aid,
emergency operations plans and standard operation procedures, as well as the institutionalization
of ICS, credentialing and resource typing, and the use of common terminology across response
disciplines. All jurisdictions will be required to meet NIMS implementation requirements as a
condition of receiving federal preparedness funding assistance.

NIMS compliance is a term used to describe progress being made by an agency or a jurisdiction
to address the NIMS implementation objectives. Yearly updates are published with additional
requirements for a given year. Each federal fiscal year, since 2005, the National Integration
Center, a department within FEMA, has published implementation requirements and guidelines
for federal, state, local and tribal entities and jurisdictions. There are implementation activities
relating to each of the NIMS components. A director should develop a way to track NIMS
compliance as personnel in the county change. Past years NIMS requirements do not expire.

NIMSCAST

Ohio recognizes NIMSCAST (NIMS Compliance Assistance Support Tool) as the mechanism
for tracking and reporting NIMS implementation progress. The system is a password protected
web-based system. Every jurisdiction in Ohio, with a population over 5,000, has already been
provided an account in the NIMSCAST, and permissions have been set up for a NIMSCAST
administrator or multiple administrators for each account. In addition, the six major cities in
Ohio have established subaccounts, specifically for the disciplines of Law Enforcement, Fire,
and Public Health.

The purpose of NIMSCAST is to report the progress of NIMS implementation by the jurisdiction
(or agency in the case of state agencies). A jurisdiction should consider all applicable
departments and disciplines (i.e. – having a role in emergency and/or disaster response and
recovery) in answering the NIMS metrics questions.

New county EMA directors or new staff members, who will require access to NIMSCAST,
should contact the Ohio EMA Plans Branch for assistance. Because the account system in
NIMSCAST is hierarchical, county EMA offices may be contacted by a local jurisdiction for
assistance with setting up administrator permissions. Again, directors or their staff members,
who are not yet familiar with the system, should contact Ohio EMA Plans Branch.

NIMS Implementation Resources

There is an extensive amount of literature and guidance relating to NIMS, as a whole, and its
various components. For federal-level guidance, resources, and useful links, we suggest you
visit http://www.fema.gov/emergency/nims/index.shtm and save it as a ―favorite‖ in your
internet addresses. This FEMA NIMS Resource Center is well-organized and easy to navigate.




                                             49
On the state-level, you will find current Ohio-specific guidance, fact sheets, and other material of
interest at http://ema.ohio.gov/NimsGuidance.aspx. In addition, you should not hesitate to take
advantage of your Field Liaison, who can put you in touch with the Ohio EMA staff dealing
specifically with NIMS implementation issues and/or NIMSCAST access.



             SUGGESTED ORGANIZATION OF A COUNTY FILE SYSTEM

The key to running an effective EMA is efficient management skills. Listed below, is a
suggested format for your office filing system. (List is not inclusive)

Acronyms Folder                Administrative Folder           Communications Folder
EMA                            Oath Cards                      Radio Templates
LEPC                           Staffing Patterns               Amateur Radio
Homeland Security              Job Descriptions                FCC Licenses
                               Forms/Files                     Call Signs and Frequencies
Correspondence Folder          Disaster Recovery Folder        EOC Folder
Inter-agency                   Damage Assessment Forms         SOPs
Intra-agency                   Damage Assessment               Phone Contacts
                               Guidance                        Agreements
                               PA and IA Guidance
                               Debris Management Guide
Public Information Folder      Equipment Folder                Exercise Folder
EAS Information                Hand Receipts                   Past Exercise Reports
PIO Contacts                   Inventory Lists                 4-Yr Work Plan
Local Media Contacts                                           90 Day Notice Forms
Financial Folder               Individual File Folders for     Incident Folder
Budget                         Activities                      Incident Report Form
Expenditures                   Meetings                        Historical Disasters
Audit Reports                  Conferences                     Incident Response Checklist
Expense Accounts/Requests      Special Activities
Legal Folder                   LEPC                            Grants
EMA Creation Agreement         Constitution and By-Laws        Guidance
EMA By-Laws                    Membership                      EMPG (By Year)
ORC & OAC portions             Fiscal Reports                  SHSG (By Year)
AG Opinions                    Minutes                         Citizen Corps (By Year)
Mutual Aid Agreements          Documents/Memos                 Equipment List
Open Meeting Records           Enforcements                    Equipment Turnover Sheets
                               SERC Exercise/Plan Report       Other Grants (By Year)
                               HMEP Grant
Resources                      Training                        Volunteer Assets
Listing                        Catalogs/Schedules              Points of Contact
Agreements                     Application Forms               Agreements
                               Certificates
                               Status Forms


                                            50
                  EMERGENCY MANAGEMENT ASSOCIATION OF OHIO

The Emergency Management Association of Ohio (EMAO) is a statewide organization
comprised of county emergency management directors and associate members. Membership is
supported by a yearly dues structure. The Association is governed by by-laws and the officers
are elected for a one-year term. The Board of Officers consists of the following:

President                          Past President                     SERC Representative
President Elect                    Treasurer                          6 Sector Representatives
Vice President                     Secretary

Day-to-day operations of the EMAO are accomplished by an Executive Director. The Executive
Director also serves as a direct contact to legislators at the state and federal level. The EMAO
Executive Director, Past President, President, and President Elect perform a teleconference with
the Ohio EMA Executive Director and upper management to discuss issues of mutual concern.
EMAO is working, with collaboration of Ohio EMA, to produce a standardized ―Introduction to
Emergency Management in the State of Ohio‖ Course. The EMAO website contains much
information to include important links, sharing of plans/other information, and a discussion
board. The website can be found at:

http://www.emaohio.org/

The EMAO can meet up to four times a year. Meetings include discussions on current issues,
both statewide and national. Recently, EMAO has sponsored a keynote speaker at the Spring
Director’s Conference, in a partnership with Ohio EMA, and is the coordinating entity for the
Trade Show at the Spring Conference.

There are several working committees within EMAO

Awards                           By-Law Constitution               Finance
Legislative                      Membership                        Mentoring
Professional Development         Trade Show                        Liaison
University/Colleges

In addition to the meetings of the EMAO, the county EMAs have divided into regional sector
associations. Those sectors are Central Ohio, North-Central Ohio, Northeast Ohio, Northwest
Ohio, Southeast Ohio, and West Ohio. Generally, each sector meets bi-monthly during the year.
Discussions focus upon local emergency management issues, such as new funding sources,
successful programs around Ohio, equipment purchases, and current topics relating to public
safety.

Overall, the EMAO and the regional association offers a forum for the exchange of ideas,
sharing of lessons learned, and an opportunity for directors to discuss complex issues facing
emergency management. EMAO helps to provide a more coordinated consistent approach
towards providing information and solving emergency management challenges.




                                            51
                     OHIO EMERGENCY MANAGEMENT AGENCY

Ohio EMA consists of an Executive Section and three divisions: Technical Support, Grants, and
Operations. There are many branches within these divisions. Refer to http://ema.ohio.gov/ for
more information.
Executive Division

The Executive Director advises the Director of Public Safety and the Governor of Ohio on
emergency management, response actions and issues. The Executive Director is charged with
directing the daily administration and management of the agency, and coordinating with federal
and county emergency management agencies on policy and operational issues, and response to
disaster needs.

The Executive Director chairs the Utility Radiological Safety Board, is a member of the Ohio
Seismic Hazards Advisory Board, and is co-chair of the State Emergency Response Commission.
The Executive Director is the Governor's Liaison to the Nuclear Regulatory Commission, and is
an active member of the State of Ohio Security Task Force.

The Executive Director is supported by an executive secretary, a chief of Staff, who coordinates
special projects and assists Ohio EMA branches in attaining resources and information, and an
assistant attorney general, who acts as legal counsel.

The Public Affairs Office, who works directly for the Executive Director, is responsible for all
official administration interactions with the news media, to include coordination of information
relating to general emergency management news or topics requiring an institutional response.

The Legal Office advises the Executive Director and Staff on emergency management issues,
coordinates disaster-time legal issues with other agency legal counsels and the Governor’s office,
and researches other issues.

Operations Division

The Field Operations, Training and Exercise (FOT&E) Branch provides liaisons between the
State and 88 local emergency management agencies during local and state level emergencies.
The branch consists of 9 field liaison representatives, each who conducts business and provides
assistance to an average of nine county emergency management agencies. The branch
participates in county and state level exercises, and conducts a variety of emergency
preparedness training to emergency responders.

Training responsibilities include development of annual training program, and conduct of central
and outreach courses. Training includes contracting for facilities and meals; curriculum design
and revision; coordination of instructors; management of training records data; and special
presentations.




                                               52
Readiness ―exercises‖ include evaluation of local exercises, and design, conduct, and evaluation
of state-level hazardous materials, nuclear power, and natural hazards (flood, winter storm), and
technological (e.g., WMD) exercises.

The Readiness and Response Branch is responsible for the State Emergency Operations Center
(EOC). The Readiness and Response Branch chief is the Ohio EMA liaison to the State of Ohio
Strategic Analysis and Information Center SAIC), which will enable routine communication with
emergency management stakeholders on situational awareness of threats.

The branch is responsible for the Ohio EMA Duty Officer. The purpose of the 24-hour Ohio
EMA Duty Officer program is to provide a single point of contact for county EMA directors to
call when state-level assistance is needed, or when a state-level notification is required. After
hours calls to Ohio EMA, will be taken by Ohio State Patrol District Six Dispatch Center. The
dispatch center will take the information provided, which includes a contact/call back number,
caller name, and brief description of the incident/request. The dispatch center will contact the
Ohio EMA Duty Officer, who in-turn will make contact with the call back contact. NOTE: No
Ohio EMA personnel will be dispatched to a county/incident without a directive from his or her
supervisory or duty officer. The telephone number to be used to contact the Ohio EMA Duty
Officer is: (614) 889-7150. Any local emergency management director may call the Ohio EMA
Duty Officer to request assistance.

The Plans Branch is responsible for overall state-level response planning, including
continual improvement of Ohio's Emergency Operations Plan, and the coordination of local and
state plans. The branch utilizes an all-hazards approach that encompasses natural disasters and
man-made disasters, ranging from hazardous materials accidents, to deliberate acts of terrorism.
Some activities that they are commonly involved with include:

       Updating and coordinating the State Emergency Operations Plan
       Working with federal and local organizations on the following Citizen Corps programs:
             o Community Emergency Response Teams (CERT)
             o Neighborhood Watch Program (NWP - USAonWatch)
             o Volunteers in Police Service (VIPS)
             o Medical Reserve Corps (MRC)
             o Fire Corps (FC)
       Coordinating and facilitating Ohio's participation in the following interstate and intrastate
         mutual aid agreements:
             o The Emergency Management Assistance Compact (EMAC)
             o The Intrastate Mutual Aid Compact (IMAC)
       Conducting reviews of the 88 county emergency preparedness plans on a four-year cycle
         with a focus on providing guidance for improving county-to-county and county-to-state
         interface.
       Updating and maintaining standard operating procedures for the State Emergency
         Operations Center's Assessment Room, in order to respond in the State EOC Assessment
         Room, when needed.
       Facilitating After-Action-Review's of state disaster response and associated exercises.




                                                 53
Grants Division

The Mitigation Branch implements procedures to reduce the cost of damage caused by disasters,
and minimize the impact on citizens, businesses, and properties. The Mitigation Branch
maintains the State and Local Mitigation Program, as well as the State Mitigation Plan. Its staff
also ensures the implementation of the Hazard Mitigation Grant Program, the Flood Mitigation
Assistance Program, and the Pre-Disaster Mitigation Program.

The Recovery Branch coordinates and implements public assistance programs to assist state and
local government and individuals in recovering from emergencies or disasters. The branch
coordinates local government requests for assistance to the Controlling Board following local,
state, or federally declared disasters. This branch also conducts damage assessment and disaster
recovery assistance training for state, county and local government, and volunteer organizations.

The Grants Branch is responsible for administering all the anti-terrorism grants from the
Federal Emergency Management Agency (FEMA), Department of Justice (DOJ), and the
Homeland Security programs. The Grants Branch coordinates the grant program and monitors
all spending/purchasing under the Homeland Security grants through the state database.
Coordination of the SARA Title III program is under this branch, as is the Urban Search and
Rescue, and Incident Command/Management System programs.

Technical Support Division

The Communications Branch assists counties with the development of a communications and
warning system in Ohio. They assist with local communications plan development. This branch
develops and coordinates state warning and communications plans, and links communications
and warning systems among the state EOC, county EOC’s, other state agencies, state field units,
and state field command centers. It also purchases, installs, and maintains State of Ohio
Rain/Snow Monitoring System (STORMS) gauges that provide real time data to the National
Weather Service, local governments, and state EOC for flash flood warnings.

The Data Branch develops and maintains data capabilities, and trains state and county staff in
EOC software. The Data Branch produces a graphics information system, mapping for
emergency planning, and information display and establishes internal/external computer and data
networks for the sharing of critical information with staff, state agencies, and Ohio counties.

The Fiscal Branch assists the other EMA branches and partners in meeting their goals, by
providing payments in all matters related to money. The services include purchasing, payment,
grant management, revenue and budgeting. Specifically, for grant management, the Fiscal
Branch has responsibility for ensuring proper and complete use of available federal grants.
Duties include: budgeting, grant applications, quarterly report creation, coordination with grant
program administrators, review of county requests for reimbursement, and oversight of grant
distributions and revenue draw-downs.




                                                54
The Facilities Management Branch gives engineering assistance to state and local staff for
emergency operations centers and severe weather shelter surveys. It verifies eligibility and
processes requests for federal reimbursements for facility construction, and warning and
communications systems. In addition to conducting inventories of all state and federally funded
property, this branch procures and maintains emergency response equipment, particularly
sandbags, pipes and pumps, and maintains a resource manual, and supervises/performs all Ohio
EMA building maintenance.

The Radiological Instrumentation, Maintenance and Calibration (RI/M&C) Section repairs,
calibrates and exchanges approximately 38,000 radiological response instruments and dosimeters
used by emergency services personnel in state agencies, Ohio counties, and other states, as
contracted. The RI/M&C section also conducts training and field monitoring during nuclear
power plant exercises.




                                               55
                                     TIMELINE OF REQUIREMENTS

EMPG (on Federal Fiscal
Year)                                                           http://www.ema.ohio.gov
           Grant Milestones:    First Quarter - October 1, through December 31
                                Second Quarter - January 1, through March 31
                                Third Quarter - April 1, through June 30
                                Fourth Quarter - July 1, through September 30
                                Fifth Quarter - October 1, through December 31
                                Sixth Quarter - January 1, through March 31
                                Seventh Quarter - April 1, through June 30
        Dates and Deadlines:
                  January 10    First Quarter Work Plan Updates and Cash Request Due
                  January 31    BSIR reporting due
                     April 10   Second Quarter Work Plan Updates and Cash Request Due
                     July 10    Third Quarter Work Plan Updates and Cash Request Due
                     July 10    BSIR reporting due
                  October 10    Fourth Quarter Work Plan Updates and Cash Request Due
                  January 10    Fifth Quarter Work Plan Updates and Cash Request Due
                     April 10   Sixth Quarter Work Plan Updates and Cash Request Due
                     June 30    End of performance period
                          TBA   EMPG close-out date - Files must be kept 3 years after this date



SERC/LEPC (on State Fiscal
Year)                                                          http://www.epa.state.oh.us
                  Meetings:
                                SERC Meetings; Second Wednesday of every other month 1:15-3:00PM @ OEMA


           Grant Milestones:    First Quarter - October 1, through December 31
                                Second Quarter - January 1, through March 31
                                Third Quarter - April 1, through June 30
                                Fourth Quarter - July 1, through September 30
        Dates and Deadlines:
                    March 1     Facility Chemical Reports due to Ohio EPA, LEPCs and jurisdictional fire departments
                                SERC Grant Application due to Ohio EPA (forfeit 1% for every day late until end of
                      April 1   month)
                                HMEP Special Projects (current year) Acceptance Agreement due to Ohio EPA (Attn: Jeff
                     April 1    Beattie)
                     May 30     LEPC "First Time Filer" Report Due to Ohio EPA
                     June 30    End of exercise year; LEPC must have exercise completed by this date
                     July 31    LEPC SFY 09 Fiscal Report due to Ohio EPA -June 30, July 31, 2010

                                HMEP (current year) Application and Work Plans due to Ohio EMA
               September 30     (Attn: Andrew Elder/Kathleen Nelson)




                                                          56
                                 HEMP Special (pervious year) Hazard Anaylsis and reimbusement reqeust Due to Ohio
                September 30     EPA       (Attn: Jeff Beattie)
                    October 1    SERC Compliance Report due to Ohio EPA
                   October 10    HMEP (previous year) Supplemental Reimbursement Requests due (Attn: Jeff Beattie)
                                 LEPC Plan Updates or no change letter and checklist due to Ohio EMA (Attn: Field
                   October 17    Liaison)



SHSGP (on Federal Fiscal
Year)                                                             www.fema.gov/grants


                          TBD    SHSGP Application due to Ohio EMA (Attn: Grant Coordinator)
                        Varies   SHSGP Performance Period
                   January 31    BSIR reporting due
                       July 10   BSIR reporting due
                                 SHSGP close-out date - Final BSIR 120 day after - Files must be kept 3 years after this
                          TBA    date




Citizen Corps                                                     www.fema.gov/grants


        Dates and Deadlines:
                          TBD    CCGP Application due to Ohio EMA (Attn: Grant Coordinator)
                        Varies   CCGP Performance Period
                   January 31    BSIR reporting due
                       July 10   BSIR reporting due
                                 CCGP close-out date - Final BSIR 120 day after - Files must be kept 3 years after this
                          TBA    date




NIMS                                                     http://ema.ohio.gov/nimsguidance.aspx
                    August 31    NIMSCAST submission due




Directors Conference Calls
    February - Third Thursday    County Director's Conference Call: 1PM
         May - Third Thursday    County Director's Conference Call: 1PM
       August - Third Thursday   County Director's Conference Call: 1PM
   November - Third Thursday     County Director's Conference Call: 1PM




                                                           57
                                                   RECORDS RETENTION

Schedule       Record Title and Description              Retention Period                            Media Type
Number

07-01      Declared Disasters in the County              Permanent                           paper/microfilm
           Damage Assessments forms
           Official correspondence within the
           county, state and federal governments
           and Declarations

07-02      Disaster Plan                                 Until updated or superseded         paper
           for county includes Resource Manual,
           Emergency Operations Plan, Associated
           Emergency Plans (Mitigation Plan, Debris
           Management Plan, Fair Plan) and the
           Emergency Operations Standard Operating
           Procedures
07-03      Invoices from Townships                       5 years                             paper/CD
           Department share of the apportionment

07-04      Local Emergency Planning                      After audited by SERC               paper
           Committee (LEPC) Grants                       and/or Auditor of State
           Notice of award and financial reports

07-05      LEPC Facility Files                         7 years (per the Ohio EPA)            paper/CD
           Facility Identification form, Emergency and
           Hazardous Chemical Inventory Form and maps

07-06      LEPC Compliance, Enforcement                  Permanent                           paper
           and Spill Reports

07-07      Homeland Security Grants                      3 years from the date               paper/CD/microfilm
           Notice of award, budget                       of submission of the
           worksheets, requests for cash,                final expenditure report
           purchase orders, invoices, vouchers           (date the State closes the grant)
           pay-ins and audits                            In cases where litigation,
                                                         a claim or an audit is initiated.
                                                         Prior to expiration of the 3 yr
                                                         Period, records must be retained
                                                         until completion of the action
                                                         and resolution of the issues, or
                                                         the end of the 3 year period,
                                                         whichever is later.

07-08      Secure Homeland Security Records              10 years                            paper/CD/microfilm
           Critical infrastructure data, policies,
           and secure messages




                                                            58
                                APPENDIX A

The XXXXX County Emergency Management is hereby authorized to coordinate
emergency management activities within XXXXX County:

1.    As provided in Section 5502.26 of the Ohio Revised Code, the chief executive
      officer of each political subdivision entering into this Agreement shall appoint a
      representative to the Countywide Advisory Group. The Countywide Advisory
      Group shall appoint a Countywide Executive Committee, and shall advise the
      Countywide Executive Committee on matters pertaining to countywide
      emergency management. The EMA shall implement emergency management in
      XXXXX County through the Countywide Executive Committee in accordance
      with Section 5502.26 of the Revised Code and this Agreement.

2.    Pursuant to previous Countywide EMA Agreement of 2002, the Countywide
      Advisory Group established membership to the Executive Committee. The
      Executive Committee shall consist of ten (10) members and shall be appointed as
      follows:

      (1)    One County Commissioner as selected by the Board of County
             Commissioners;

      (2)    One representative from the City of XXXX and the City of XXXX;

      (1)    One member representing all of the villages. The Village representative
             shall be selected by a majority vote of the mayors or village councils;

      (3)    Three township trustees appointed by a majority vote of the XXXXX
             County Township Trustees Association from among the townships
             participating in this Agreement;

      (1)    One Sheriff’s Office Representative;

      (1)    One Fire Chief selected by a majority vote of the Fire Chief’s Association
             of XXXXX County; and

      (1)    One Non-Voting Emergency Management Personnel.

3.    The Executive Committee shall appoint a director/coordinator of Emergency
      Management. The director/coordinator shall be responsible for coordinating,
      organizing, administering, and operating the EMA pursuant to the duties imposed
      upon him/her by Sections 5502.21-5502.51 of the Ohio Revised Code, the
      agency’s program, and subject to the direction and control of the Executive
      Committee. The director/coordinator shall serve at the pleasure of the Executive
      Committee. The director/coordinator shall pursue a professional development
      training program in accordance with rules adopted under section 5502.25 of the



                                       59
     Revised Code. The director/coordinator of the EMA may be an official or
     employee of any political subdivision entering into the countywide agreement,
     except that the director/coordinator shall not be the chief executive of any such
     political subdivision. The director/coordinator of the EMA shall serve only in the
     function as appointed by the Executive Committee.

4.   The EMA shall establish a program for emergency management that: (1) Is in
     accordance with sections 5502.21 to 5502.51 of the Revised Code, rules adopted
     under those sections, local ordinances pertaining to emergency management, the
     ―Robert T. Stafford Disaster Relief and Emergency Assistance Act,‖ 88 Stat. 143,
     42 U.S.C. 5121, et. seq., as amended, and all applicable rules and regulations
     adopted under that act; (2) Includes, without limitation, development of an all-
     hazards emergency operations plan that has been coordinated with all agencies,
     boards, and divisions having emergency management functions within the county;
     (3) Includes the preparation and conduct of an annual exercise of the county’s all-
     hazards emergency operations plan; and (4) is applicable to all political
     subdivisions entering into the countywide agreement.

5.   The EMA shall be considered a separate county board and shall receive services
     in the same manner as other county agencies. All employees of EMA shall be
     employees of XXXX County under the appointing authority of the Executive
     Committee.

6.   Each participating subdivision’s share of the expenses of coordinating the
     emergency management activities within XXXXX County shall be paid into a
     separate distinct fund known as the ―XXXXX County EMA Fund‖ by the
     participating political subdivisions and shall be apportioned on the following
     basis:

     a.     Each municipality, township, and village shall contribute funds annually at
            a rate of forty cents ($0.40) per capita based upon the XXXXX County
            Regional Planning Committee annual census estimates for the preceding
            year.

     b.     The Board of County Commissioners shall contribute office space, utilities
            and twenty cents ($0.20) per capita based upon the XXXXX County
            Regional Planning Committee annual census estimates from the preceding
            year.

7.   Each Party agrees to pay into the XXXX County EMA Fund, promptly upon
     invoice, the amount assessed against it for its allocated share of the budget needed
     for the operation of countywide emergency management, and for any services
     performed pursuant to this Agreement.




                                      60
8.     The director/coordinator of the EMA shall prepare a budget with the approval of
       the Executive Committee. The budget shall be appropriated by the XXXXX
       County Board of Commissioners. Funds shall be expended only with the
       approval of the Executive Committee under such resolutions, rules and
       regulations as it may provide regarding said budget. The resolutions, rules, and
       regulations shall be shared with the XXXXX County Auditor’s Office.

9.     Grants maintained by the XXXXX County EMA shall be applied, accepted, and
       expended only under the authority of the eligible applicant outlined in the
       applicable grant guidance/document.

10.    The Parties to this Agreement agree to render mutual aid to the EMA and to each
       participating political subdivision through the interchange of personnel,
       equipment, and supplies as necessary to alleviate the effects of emergency
       situations.

11.    This Agreement shall take effect when a majority of the municipal corporations
       and political subdivisions of XXXXX County have executed this Agreement.
       Any Party to this Agreement may terminate its participation in this Agreement
       upon not less than ninety (90)-days written notice to the countywide Executive
       Committee. Any outstanding financial obligations must be forwarded to EMA.
       Non-payment could result in collection of the funds through the XXXXX County
       Auditor by reducing that subdivisions annual settlement. This Agreement shall
       continue in full force and effect unless a majority of the municipal corporations
       and political subdivisions within XXXXX County cease to be Parties to this
       Agreement. Upon the occurrence of any of the above-mentioned conditions, and
       after the payment of the obligations set forth in Section 6, this Agreement shall
       terminate. Each Party is aware that withdrawing from this countywide agreement
       will obligate it to form and fund its own emergency management agency in
       compliance with Section 5502.271 of the Ohio Revised Code.


The Parties enter into this Agreement for a continuing term, conditioned upon the annual
authorization, reaffirmation, approval, and payment of each Party’s proportionate share.




                                       61
                                                 APPENDIX B


                                                     BY-LAWS

                          EMERGENCY MANAGEMENT FOR XXXXX COUNTY

                                                       20XX


MISSION STATEMENT

       Emergency Management for XXXXX County coordinates countywide emergency and disaster planning,
       education, warning, response and recovery to minimize the adverse impact on residents and property.



EXECUTIVE COMMITTEE

       The Board of County Commissioners of XXXXX County and the Chief Executives of a majority of the
       political subdivisions of XXXXXX County have entered into a written agreement establishing a countywide
       Emergency Management Agency to be known as the XXXXX County Emergency Management Agency
       (EMA) as set forth in chapter 5502.26 of the Ohio Revised Code.


The coordination of emergency management activities within XXXXX County, including measures and actions
designated or undertaken to minimize the effects upon the population caused or which could be caused by natural,
technological or man-made incidents, emergency, disasters, or enemy attack, is paramount to all of the local
governments of the county.

The EMA being hereby established shall perform the service of coordinating the emergency management activities
of XXXXX County and political subdivisions, which have entered into a countywide agreement.


MEMBERSHIP

       As provided in the XXXX countywide agreement and section 5502.26 of the Ohio Revised Code, the Chief
       Executive of each political subdivision, which enters into the agreement, shall select a representative to serve
       on a countywide advisory group for the purpose of appointing an Executive Committee.


The Executive Committee shall consist of ten (10) members and alternates if desired by the primary representative:

        One (1)           County Commissioners;
        Two (2)           One representative from the City of XXXX and the City of XXXX;
        One (1)           Member representing all of the villages;
        Three (3)         Township Trustees;
        One (1)           Sheriff’s Office representative
        One (1)           Firefighter
        One (1)           Emergency Management personnel (non-voting)




                                                         62
VOTING RIGHTS

Each principal member or alternate as set forth above (except the emergency management personnel), whom is in
attendance at any official meeting shall have one vote on any issue requiring a vote at the meeting.

A quorum (5 voting members) must be present before the meeting can be called to order.



ELECTED OFFICERS

    Section 1. Elections:          The Executive Committee shall elect a chair and vice-chair at the first meeting
    of each calendar year.

        Section 2.        Qualifications: Any member of the Executive Committee (exception of Emergency
                          Management personnel or County Commissioner), including designated alternates, may
                          be chair or vice-chair.

        Section 3.        Term of Office: The term of office for the chair and vice-chair shall be one (1) year
                          based on the calendar year.

        Section 4.        Vacancies:         If a vacancy occurs in the office of chair, the vice-chair shall assume
                          the office of the chair until the next regular election. If a vacancy occurs in the office of
                          vice-chair, the Executive Committee shall elect a vice-chairperson to serve the remainder
                          of the term. If both the chair and vice-chair are absent or temporarily unable to perform
                          their duties, the Executive Committee shall elect a ―chair pro tempore‖.


DUTIES OF ELECTED OFFICERS

    Section 1. Chair:             The chairperson shall preside at all meetings of the Executive Committee and
    shall perform all duties commonly associated with that office. The chair shall be an ex-officio member of all
    communities subcommittees.

        Section 2.        Vice-chair:        In the absence of the chair, the vice-chair shall perform all the duties of
                          the chair.


REMOVAL OF ELECTED OFFICERS

An elected officer may be removed from office by a two-thirds (2/3) affirmative vote of all voting members of the
Executive Committee. When such action is anticipated, the committee members shall be notified in writing at least
ten calendar days prior to the meeting where such action is planned.


                 Before such proceedings become final, the challenged officer shall be entitled to the legal rights
                 and privileges
                 available to citizens of the United States.




                                                          63
                                              SUB-COMMITTEES

        Section 1.        Ad Hoc Committees:         The Executive Committee may appoint ad hoc committees for
                          limited assignments. The assigned task of the committee and the length of time required
                          to complete the task shall be stated at the time the committee is created. Members and
                          chair will be appointed by the Executive Committee.

        Section 2.        Committee Meeting:       All meetings shall be public expect where Section 121.22
                          (Sunshine Law) of the Ohio Revised Code permits. Committee meetings will be called
                          by the committee chair and must have a majority of the appointed members present to
                          conduct business.


                                                     MEETINGS

       In accordance with the Sunshine Law, all meetings, regular, other and emergency, shall be open to the
       public. Notice to the public shall be completed by placing meeting notices in written format to the XXXXX
       County point of contact that performs this function. The chair and/or agency director may call an executive
       session as set forth in section 121.22 of the Ohio Revised Code.


        Section 1.        Regular Meetings:           The Executive Committee shall set the dates, time, and one (1)
                          location of all regular meetings annually.

        Section 2.        Other Meetings:             The chair of the Executive Committee may call a meeting with
                          at least three (3) working days prior notice.

        Section 3.        Emergency Meetings:      (For issues demanding immediate attention) The Chair of the
                          Executive Committee and/or the director of the agency may call an emergency meeting
                          of the Executive Committee at anytime, without prior notice.


RULES OF ORDER

       All deliberations of the Executive Committee shall be governed by the Constitution of the United States, the
       Constitution of the State of Ohio, the Ohio Revised Code, duly enacted resolutions of the Executive
       Committee, and in those areas of parliamentary procedure not specifically set forth by the foregoing
       documents, by the latest edition of Roberts’ Rules of Order.



FISCAL YEAR

The fiscal year of the EMA shall be the calendar year.



DIRECTOR

        Section 1.        Appointment: The Executive Committee shall appoint the director of the emergency
                          management agency.




                                                         64
    Section 2.       Duties:           The director shall be responsible for coordinating, organizing,
                     administering, and operating the EMA pursuant to the duties imposed by the county-wide
                     agreement, Chapter 5502.26 of the Ohio Revised Code, and by the Executive Committee.

    Section 3.       Dismissal:      The director shall serve at the pleasure of the Executive Committee and
                     may be removed by a majority vote of all voting members of the Executive Committee.


AMENDMENTS

    The by-laws may be amended by a two-thirds (2/3) affirmative vote of all voting members of the Executive
    Committee. When such action is anticipated, notice of the proposed action and a copy of the amendment(s)
    being considered shall have been circulated to all members at least ten (10) days in advance of the said
    meeting.




                                             EFFECTIVE DATE


    These by-laws shall take effect upon approval by the Executive Committee.


    NOW THEREFORE: The Executive Committee of the XXXXX County EMA adopts these by-laws upon
    the      motion       by:      _______________________________;           seconded   by:
    _______________________________________; at its meeting of XXXX XX, 20XX.




                                                  65
                                         APPENDIX C

                          A RESOLUTION AUTHORINZING THE
                        FORMATION OF THE CountyName COUNTY
                         EMERGENCY MANAGEMENT AGENCY

   WHEREAS, there is an existing and increasing possibility of the occurrence of a natural or
manmade disaster or destruction resulting from enemy attack, sabotage, or other hostile action,
and it is necessary to insure that preparation of this County will be adequate to deal with such
disasters and generally to provide for the common defense, and to protect the public peace,
health, safety and general welfare, and to preserve the lives and property of the people of the
county; and

   WHEREAS, the present state of technology has created civil defense problems substantially
beyond the scope of any local emergency management agency within the county in that the
effects of enemy action against civilian population would create county problems rather than
community problems; and

   WHEREAS, the coordination of emergency management activities with the area of
CountyName County is of paramount importance to all of the local emergency management
organizations wherein: and

  WHEREAS, the County of CountyName desires to effect such necessary resolution, in the
manner provided by law, Ohio Revised Code, Section 5502.271; and

  WHEREAS, in accordance with regulations, issued by the Governor of the State of Ohio, and
Ohio Revised Code, Section 5502.271, a legal basis exists for the establishment of a county
emergency management agency, with the power to coordinate and unify the emergency
management activities of the county thereof; and

    WHEREAS, it is further declared to be the purpose of this Resolution and the policy of the
County of CountyName that all emergency management functions of the county be coordinated
to the maximum extent with comparable functions of the State of Ohio and of the Federal
government, including their various departments and agencies, and other states and localities,
and of 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; and

   WHEREAS, it is hereby found and declared to be necessary to create an organization to be
known as the CountyName County Emergency Management Agency; to confer upon the Board
of County Commissioners and the Director of the Emergency Management Agency certain
emergency powers provided herein; and to provide for the rendering of cooperation and mutual
aid, if necessary, to surrounding and contiguous political subdivisions of the State of Ohio and
adjoining states.




                                                66
  NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, CountyName COUNTY, OHIO:

SECTION 1. That an organization to be known as the CountyName County Emergency
           Management Agency be formed to perform the services of coordinating the
           emergency management activities of the County of CountyName.

SECTION 2. The CountyName County Emergency Management Agency, hereby authorized to
           render the services of coordinating the emergency management activities of the
           county, consistent with State statutes and such regulation as have been or shall be
           promulgated by the Governor of the State, the provisions of this Resolution as
           hereinafter set forth, and the power of the Board of County Commissioners to
           authorize, in coordinating such emergency management activities within
           CountyName County.

SECTION 3. The Board of County Commissioners shall employ, by suitable contract, or
           appoint, if a volunteer, a Director whose duties shall be such as are prescribed by
           Ohio Revised Code, Section 5502.21 - Section 5502.51, and further prescribed
           herein and who shall hold office in accordance with the provisions of said
           contract, or if a volunteer, during the pleasure of the Board of County
           Commissioners. The Director may, with the prior consent of the County
           Commissioners, employ such technical, clerical, stenographic, and other
           personnel as deemed necessary and fix their compensation when they are to be
           compensated. The salary of the Director and the salaries of other paid personnel
           shall be paid from the ―CountyName County Emergency Management Fund.‖
           The Director shall have such additional authority, duties and responsibilities as
           are authorized by this agreement or as may from time to time be established by
           the Board of County Commissioners.

SECTION 4. The Director shall prepare a budget for each year, under such rules and regulation
           as may be prescribed. Such rules and regulations shall include provisions for a
           hearing from the Board of County Commissioners, and for adjustments to be
           made to such budget. The funds provided for in said budget and all other funds
           received from whatever source, or by whatever means, for emergency
           management by the CountyName County Emergency Management Agency shall
           be paid to the Treasurer of CountyName County into a special fund and shall be
           known as the ―Emergency Management Fund.‖




                                              67
SECTION 5. The Board of County Commissioners shall have general direction of the
           CountyName County Emergency Management Agency, and shall be responsible
           for the carrying out of the provision of this resolution through the Emergency
           Management Director. In performing duties pursuant to this agreement, the
           Board of County Commissioners is authorized to cooperate with other political
           subdivisions, with the State of Ohio, with other states, and the Federal
           government through appropriate channels, and with private agencies in all matters
           pertaining to emergency management activities of the County, State, and Nation.

SECTION 6. The Director shall have the power, with consent of the Board of County
           Commissioners, during time of disaster or emergency, to enter into contracts and
           incur obligations necessary to alleviate and minimize the effects of such disaster
           or emergency, protect the lives and safety of persons and property and to provide
           emergency assistance to the victims of such disaster.

SECTION 7. This resolution maybe amended or altered at any time by the Board of County
           Commissioners.

   For the reasons stated in the preamble hereto, which is hereby made a part hereof, this
resolution is hereby declared to be in force from and after its passage by the Commissioner of
CountyName County.




                                               68
                                          APPENDIX D

                 CONTRACT TO FURNISH EMERGENCY MANAGEMENT
                  (Sections 5502.271 and 307.15 of the Ohio Revised Code)

WHEREAS: Section 5502.271 of the Ohio Revised Code requires that any political subdivision
that is not a part of a county-wide agreement established under Section 5502.26 (ORC), then,
each political subdivision shall have an Emergency Management Agency, which section also
requires the Chief Executive Officer of each political subdivision to appoint a Director of
Emergency Management who shall develop an emergency operations plan and pursue a
professional development training program, and;

WHEREAS: The CountyName County Commissioners by virtue of Resolution
(Commissioners’ Journal _____, page _____) have established an Emergency Management
Agency.

WHEREAS: The CountyName County Emergency Management Agency has and will continue
to fulfill the requirements of State and Federal laws and any such rules and regulations pertaining
thereto regarding emergency management.

NOW BE IT RESOLVED THAT:

The City (or Village) of City/VillageName does hereby desire to contract with the CountyName
County Commissioners, by virtue of Section 307.15 of the Ohio Revised Code, to obtain and
receive the services of the CountyName County Emergency Management Agency in performing
all of the duties and requirements of Section 5502.271 (ORC), to wit: The CoutyName County
Emergency Management Agency will develop an emergency operations plan which will
encompass all political subdivisions of CountyName County; shall pursue a professional
development training program; and coordinate the emergency management activities of all the
political subdivisions that execute this contract.

It is the desire of the Board of County Commissioners of CountyName County to furnish the
aforementioned services without cost to the City (or Village of City/VillageName, and do
hereunto affix our signatures.

Date ______________________________                ______________________________________
                                                   President, CountyName County Commissioners

___________________________________                ______________________________________
County Commissioner                                County Commissioner

It is the desire of the City (or Village) of City/VillageName to enter into this contract and do so
by resolution (or ordinance) # _____, this _____ day of __________________, _______.

                                                      ____________________________________
                                                      Mayor



                                                 69
                                   RECORD OF RESOLUTION
                                      Resolution No. _____


A RESOLUTION TO AUTHORIZE THE MAYOR TO ENTER INTO A CONTRACT FOR
PARTICIPATION WITH CountyName COUNTY IN THE CountyName COUNTY
EMERGENCY MANAGEMENT ORGAINZATION.

   Whereas, it is deemed desirable for the City (or Village) of City/VillageName to participate
with the County of CountyName, Ohio, in a county-wide emergency management program, and

   Whereas, the County, by its commissioners have passed a resolution authorizing the
formation of such a program,

Now therefore, be resolved by the Council of the City (or Village) of City/VillageName, two-
thirds of its members elected thereto concurring:

Section 1. That the Mayor of the City (or Village) of City/VillageName be and he is hereby
authorized to enter into such contracts and agreements with the Commissioners of CountyName,
and any of its political sub-divisions as are necessary to create a county-wide emergency
management program and to cooperate and render mutual aid to the County of CountyName and
its political sub-divisions, and with the State of Ohio through its responsible officers.

 Section 2. That this resolution shall take effect and be in force from and after the earliest period
allowed by law.

Passed:     ____________________
            Date

Attest:     ____________________
            Clerk

Approved: ____________________
          Mayor




                                                 70
         CONTRACT TO FURNISH EMERGENCY MANAGEMENT
          (Sections 5502.271 and 307.15 of the Ohio Revised Code)



WHEREAS: Section 5502.271 of the Ohio Revised Code requires that any
political subdivision that is not a part of a county-wide agreement established
under Section 5502.26 (ORC), then, each political subdivision shall have an
Emergency Management Agency, which section also requires the Chief Executive
Officer of each political subdivision to appoint a Director of Emergency
Management who shall develop an emergency operations plan and pursue a
professional development training program, and;

WHEREAS: The CountyName County Commissioners by virtue of Resolution
(Commissioners’ Journal _____, page _____) have established an Emergency
Management Agency.

WHEREAS: The CountyName County Emergency Management Agency has and
will continue to fulfill the requirements of State and Federal laws and any such
rules and regulations pertaining thereto regarding emergency management.


NOW BE IT RESOLVED THAT:

TownshipName does hereby desire to contract with the CountyName County
Commissioners, by virtue of Section 307.15 of the Ohio Revised Code, to obtain
and receive the services of the CountyName County Emergency Management
Agency in performing all of the duties and requirements of Section 5502.271
(ORC), to wit: The CoutyName County Emergency Management Agency will
develop an emergency operations plan which will encompass all political
subdivisions of CountyName County; shall pursue a professional development
training program; and coordinate the emergency management activities of all the
political subdivisions that execute this contract.




                                       71
It is the desire of the Board of County Commissioners of CountyName County to
furnish the aforementioned services without cost to TownshipName, and do
hereunto affix our signatures.

Date ________________________          ___________________________________
                                       President, CountyName
                                       County Commissioners


____________________________           ____________________________________
County Commissioner                    County Commissioner


It is the desire of TownshipName to enter into this contract and do so by resolution
(or ordinance) # _____, this _____ day of __________________, _______.


                                       ____________________________________
                                       Township Clerk


                                       ____________________________________
                                       President


                                       ____________________________________
                                       Vice-President


                                       ____________________________________
                                       Township Trustee




                                         72
                                        APPENDIX E


                             Memorandum of Understanding
                                       Between
                     XXXX County Emergency Management Agency
                                         And
                                    YYYY Towing
                                         For
                    Storage and Emergency Acquisition of Fuel Trailer

This Memorandum of Understanding (MOU) establishes a partnership between XXXX County
Emergency Management Agency (EMA) and YYYY Towing and Recovery, LTD (YY).
Together these parties enter into this Memorandum of Understanding to mutually promote health
and safety of XXXX County’s first responder community in times of an emergency or disaster.
Accordingly, XXXX County Emergency Management Agency and YYYY Towing, operating
under this MOU agrees as follows:

   1. Purpose and Scope

       XXXX County EMA and YY intend to assist XXXX County’s community of first
       responders by storing and providing emergency access to XXXX County’s Fuel Trailer
       as requested by the XXXX County Director of Emergency Management or XXXX
       County officials acting on behalf of the EMA Director (designee).

       Each organization of this MOU is responsible for its own expenses related to this MOU.
       There will not be an exchange of funds between the parties for tasks associated with this
       MOU.

   2. Responsibilities

       A.     Each party will appoint a person to serve as the official contact and coordinate the
              activities of each organization in carrying out this MOU. The initial appointees of
              each organization are:

              Name, Director
              XXXX County Emergency Management Agency
              Street
              City, Ohio Zip

              Name, Owner
              YYYY Towing and Recovery, LTD
              Street
              City, Ohio Zip

       B.     The organizations agree to the following tasks for this MOU:



                                               73
1.     XXXX County EMA retains ownership of the Fuel Trailer and its contents
       for use of first responders during large scale emergencies, events or
       disasters.
        EMA will track asset annually through County procedures and
           reserves the right to periodically validate current inventory by sight
           upon request.
        EMA will continue to provide insurance on the Fuel Trailer and
           contents.
        If accidentally lost or stolen, YY shall contact the XXXX County
           EMA and Sheriff’s office immediately.
        If any equipment is intentionally damaged or destroyed, YY will
           contact the XXXX County EMA Director or designee immediately.
                o YY will be responsible for the $2,500.00 deductible that the
                    County carries insurance on, due to damage or loss caused by
                    negligence of the custodian of the equipment.
                o EMA will be responsible for the deductible on the County
                    carried insurance if damage to equipment was incurred during
                    an incident or emergency use.
        EMA will provide to YY all applicable documentation, such as
           insurance card, accident reports, trailer inventory, maintenance
           checklists, Standard Operating Procedures for hitching and towing
           trailer, etc.
        Since XXXX County is the owner of the Fuel Trailer, it must be
           retuned to the EMA for proper disposal or sale.

2. YY will house, and provide emergency access to the Fuel Trailer and contents
      on a 24/7 status.
       YY will conduct regular equipment tests on Fuel Trailer contents to
           ensure good working order, such as starting the generator and pump.
       YY is NOT permitted to use the fuel Trailer or contents for any YY
           operations unless it is in conjunction with an EMA event and use has
           been authorized by the XXXX County EMA Director or designee. YY
           will, however be permitted to recycle the fuel as necessary to maintain
           the fuel trailer in good working condition.
       YY will be responsible for routine maintenance and repairs. EMA will
           cover the costs associated to perform the maintenance and repair.
       YY will be responsible for maintenance and repairs due to neglect or
           abuse with expectation of payment from EMA.

3. YY agrees to be on-call 24/7 to access the Fuel Trailer, provide transportation
and operational support of the Fuel Trailer to incident sites.
        YY will provide EMA any keys or combinations necessary to access
           the Fuel Trailer at any time. EMA will provide YY with any keys or
           combination needed to execute this MOU.



                                74
                          Requests for equipment use can come from either the EMA or
                           individual first response agencies.
                          If a request initiates from a first response agency other than EMA, YY
                           will call EMA Director or designee as soon as feasible for situational
                           awareness.
                                 If ever the resource is requested simultaneously, the
                                    EMA/EOC will prioritize the asset’s location(s).

              4. EMA and YY agrees to notify one another of any requested changes to this
                 MOU, the standard operating procedures or any other information effecting
                 this agreement within five (5) business days.

   3. Terms of Understanding

       The terms of the MOU is for an indefinite period from the effective date of this
       agreement and until either organization terminates this MOU upon thirty (30) days
       written notice without penalties or liabilities.

   4. Hold Harmless

       Each party agree to be responsible for any personal injury or property damage caused by
       the negligent acts or negligent omissions by or through itself or it's agents, employees and
       contracted servants and each party further agrees to defend itself and themselves and pay
       any judgments and costs arising out of such negligent omissions, and nothing in this
       MOU shall impute or transfer any such responsibility from one to the other.

   5. Authorization

YYYY Towing and Recovery, LTD                           EMERGENCY MANGEMENT AGENCY:

                                                                   /s/ Name

Name, Owner                                             Name, Director
                                                        XXXX County, Ohio

Date: _____/_____/_____                                 Date: _____/_____/_____

BOARD OF COMMISSIONERS:                                 APPROVED AS TO FORM:

                                                                     /s/ Name

Name, President of Board                                Name, Prosecutor
XXXX County, Ohio                                       XXXX County, Ohio

Date: _____/_____/_____                                 Date: _____/_____/_____




                                                75
                                              APPENDIX F

                          State Laws Associated with Emergency Management


                                         Emergency Management

ORC 5502.21 (D) ―Civil defense‖ is an integral part of emergency management that includes all those
activities and measures designed or undertaken to minimize the effects upon the civilian population
caused or that would be caused by any hazard and to effect emergency repairs to, or the emergency
restoration of, vital equipment, resources, supplies, utilities, and facilities necessary for survival and for
the public health, safety, and welfare that would be damaged or destroyed by any hazard. ―Civil defense‖
includes, but is not limited to:

(1) Those measures to be taken during a hazard, including all of the following:
(a) The enforcement of those passive defense regulations necessary for the protection of the civilian
population and prescribed by duly established military or civil authorities;
(b) The evacuation of personnel to shelter areas;
(c) The control of traffic and panic situations;
(d) The control and use of emergency communications, lighting, and warning equipment and systems.

(2) Those measures to be taken after a hazard has occurred, including all of the following:
(a) Activities necessary for firefighting, rescue, emergency, medical, health, and sanitation services;
(b) Monitoring for secondary hazards that could be caused from the initiating event;
(c) Damage assessment and disaster analysis operations;
(d) Coordination of disaster assistance programs;
(e) Monitoring for effects from weapons;
(f) Unexploded bomb reconnaissance;
(g) Essential debris clearance;
(h) Decontamination operations;
(i) Documentation of operations and financial expenses;
(j) Resource control;
(k) Any other activities that may be necessary for survival and the overall health, safety, and welfare of
the civilian population.

(G) ―Emergency management‖ includes all emergency preparedness and civil defense activities and
measures, whether or not mentioned or described in sections 5502.21 to 5502.51 of the Revised Code,
that are designed or undertaken to minimize the effects upon the civilian population caused or that could
be caused by any hazard and that are necessary to address mitigation, emergency preparedness, response,
and recovery.

(H) ―Emergency preparedness‖ is an integral part of emergency management that includes those activities
and measures designed or undertaken in preparation for any hazard, including, but not limited to, natural
disasters and hazards involving hazardous materials or radiological materials, and that will enhance the
probability for preservation of life, property, and the environment. ―Emergency preparedness‖ includes,
without limitation:
(1) The establishment of appropriate agencies and organizations;
(2) The development of necessary plans and standard operating procedures for mitigation, preparation,
response, and recovery purposes, including, without limitation, the development of supporting agreements
and memorandums of understanding;
(3) Hazard identification;


                                                      76
(4) Capability assessment;
(5) The recruitment, retention, and training of personnel;
(6) The development, printing, and distribution of emergency public information, education, and training
materials and programs;
(7) The necessary conduct of research;
(8) The development of resource inventories;
(9) The procurement and stockpiling of equipment, food, water, medical supplies, and any other supplies
necessary for survival and for the public health, safety, and welfare;
(10) The development and construction of public shelter facilities and shelter spaces;
(11) The development and construction of emergency operations centers for the conduct and support of
coordination, direction, and control activities;
(12) When appropriate and considered necessary, the nonmilitary evacuation or temporary relocation of
the civilian population.

5502.26 Countywide emergency management agency.

(A) 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 may enter into a written agreement establishing a
countywide emergency management agency.

A representative from each political subdivision entering into the agreement, selected by the political
subdivision’s chief executive, shall constitute a countywide advisory group for the purpose of appointing
an executive committee under this section through which the countywide agency shall implement
emergency management in the county in accordance with this section and for the purpose of advising the
executive committee on matters pertaining to countywide emergency management. The executive
committee shall consist of at least the following seven members: one county commissioner representing
the board of county commissioners entering into the agreement; five chief executives representing the
muncipal corporations and townships entering into the agreement; and one nonelected representative. The
countywide agreement shall specify how many additional members, if any, shall serve on the executive
committee and their manner of selection.

The agency shall be supported financially by the political subdivisions entering into the countywide
agreement. The executive committee shall appoint a director/coordinator of emergency management who
shall pursue a professional development training program in accordance with rules adopted under
section 5502.25 of the Revised Code. The director/coordinator of emergency management may be an
official or employee of any political subdivision entering into the countywide agreement, except that the
director/coordinator shall not be the chief executive of any such political subdivision.

A countywide emergency management agency organized under this section shall establish a program for
emergency management that:

(1) Is in accordance with sections 5502.21 to 5502.51 of the Revised Code, rules adopted under those
sections, local ordinances pertaining to emergency management, the ―Robert T. Stafford Disaster Relief
and Emergency Assistance Act,‖ 88 Stat. 143, 5121, et. seq., as amended, and all applicable rules and
regulations adopted under that act;

(2) Includes, without limitation, development of an all-hazards emergency operations plan that has been
coordinated with all agencies, boards, and divisions having emergency management functions within the
county;



                                                   77
(3) Includes the preparation and conduct of an annual exercise of the county’s all-hazards emergency
operations plan;

(4) Is applicable to all political subdivisions entering into the countywide agreement.

The director/coordinator of emergency management for a countywide agency organized under this section
shall be responsible for coordinating, organizing, administering, and operating emergency management in
accordance with the agency’s program established under this section, subject to the direction and control
of the executive committee. All agencies, boards, and divisions having emergency management functions
within each political subdivision within the county shall cooperate in the development of the all-hazards
emergency operations plan and shall cooperate in the preparation and conduct of the annual exercise.

(B) Nothing in this section requires any political subdivision that is located within a county that has
entered into a written agreement under this section establishing a countywide emergency management
agency to enter into that agreement, provided that the political subdivision has established a program for
emergency management in accordance with section 5502.271 of the Revised Code.

(C) A countywide emergency management agency shall be considered a county board and shall receive
the services of the auditor, treasurer, and prosecuting attorney of the county in the same manner as other
county agencies, boards, or divisions.

5502.261 Appropriation from general fund for agency functions.

A board of county commissioners that has entered into an agreement to establish a countywide emergency
management agency may appropriate money from its general fund to support the functions and operations
of the agency, including the development, acquisition, operation, and maintenance of a countywide public
safety communication system and any communication devices, radios, and other equipment necessary for
the system’s operation and use. Money appropriated under this section may be expended to purchase and
maintain the assets or equipment of the agency, including equipment used by the personnel of other
political subdivisions that have entered into the agreement with the board establishing the agency. Money
also may be appropriated under this section directly to a political subdivision that has entered into the
agreement with the board establishing the agency, to enable the political subdivision to purchase
communication devices, radios, and other equipment necessary for the countywide public safety
communication system’s operation and use.

5502.27 Regional authority for emergency management.

(A) In lieu of establishing a countywide emergency management agency under section 5502.26 of the
Revised Code, 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, may enter into
a written agreement establishing a regional authority for emergency management.

A representative from each political subdivision entering into the agreement, selected by the political
subdivision’s chief executive, shall constitute a regional advisory group for the purpose of appointing an
executive committee under this section through which the regional authority shall implement emergency
management in the counties in accordance with this section and for the purpose of advising the executive
committee on matters pertaining to regional emergency management. The executive committee shall
consist of at least the following nine members: two county commissioners representing the boards of
county commissioners entering into the agreement; six chief executives representing the municipal
corporations and townships entering into the agreement; and one nonelected representative. The regional


                                                     78
agreement shall specify how many additional members, if any, shall serve on the executive committee
and their manner of selection.

The authority shall be supported financially by the political subdivisions entering into the regional
agreement. The executive committee shall appoint a director/coordinator of emergency management who
shall pursue a professional development training program in accordance with rules adopted under
section 5502.25 of the Revised Code. The director/coordinator of emergency management may be an
official or employee of any political subdivision entering into the regional agreement, except that the
director/coordinator shall not be the chief executive of any such political subdivision.

A regional authority for emergency management organized under this section shall establish a program
for emergency management that:

(1) Is in accordance with sections 5502.21 to 5502.51 of the Revised Code, rules adopted under those
sections, local ordinances pertaining to emergency management, the ―Robert T. Stafford Disaster Relief
and Emergency Assistance Act,‖ 88 Stat. 143, 5121, et. seq., as amended, and all applicable rules and
regulations adopted under that act;

(2) Includes, without limitation, development of an all-hazards emergency operations plan that has been
coordinated with all agencies, boards, and divisions having emergency management functions within the
regional authority;

(3) Includes the preparation and conduct of an annual exercise of the regional authority’s all-hazards
emergency operations plan;

(4) Is applicable to all political subdivisions entering into the regional agreement.

The director/coordinator of emergency management for a regional authority organized under this section
shall be responsible for coordinating, organizing, administering, and operating emergency management in
accordance with the authority’s program established under this section, subject to the direction and
control of the executive committee. All agencies, boards, and divisions having emergency management
functions within each political subdivision within the regional authority shall cooperate in the
development of the all-hazards emergency operations plan and shall cooperate in the preparation and
conduct of the annual exercise.

(B) Nothing in this section requires any political subdivision that is located within a county that has
entered into a written agreement under this section establishing a regional authority for emergency
management to enter into that agreement, provided that the political subdivision has established a
program for emergency management in accordance with section 5502.271 of the Revised Code.

(C) A regional authority for emergency management may designate the county auditor and county
treasurer of one of the counties in the region as fiscal officers for the regional authority and may designate
the prosecuting attorney of one of the counties in the region as legal advisor for the regional authority.

5502.271 Program for emergency management.

The chief executive of any political subdivision that has not entered into a written agreement establishing
either a countywide emergency management agency under section 5502.26 of the Revised Code or a
regional authority for emergency management under section 5502.27 of the Revised Code shall establish



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a program for emergency management within that political subdivision that meets all of the following
criteria:

(A) Is in accordance with sections 5502.21 to 5502.51 of the Revised Code, rules adopted under those
sections, local ordinances pertaining to emergency management, the ―Robert T. Stafford Disaster Relief
and Emergency Assistance Act,‖ 88 Stat. 143, 5121, et. seq., as amended, and all applicable rules and
regulations adopted under that act;

(B) Includes, without limitation, development of an all-hazards emergency operations plan that has been
coordinated with all agencies, boards, and divisions having emergency management functions within the
political subdivision;

(C) Includes the preparation and conduct of an annual exercise of the political subdivision’s all-hazards
emergency operations plan;

(D) Is not inconsistent with the program for emergency management established for the county in which
the political subdivision is located by a countywide emergency management agency under
section5502.26 of the Revised Code or a regional authority for emergency management under
section 5502.27 of the Revised Code.

All agencies, boards, and divisions having emergency management functions within the political
subdivision shall cooperate in the development of the all-hazards emergency operations plan and shall
cooperate in the preparation and conduct of the annual exercise.

The chief executive shall appoint a director/coordinator of emergency management who shall pursue a
professional development training program in accordance with rules adopted under section 5502.25 of the
Revised Code. The director/coordinator of emergency management may be an official or employee of the
political subdivision, but shall not be the chief executive of the political subdivision.

The director/coordinator shall be responsible for coordinating, organizing, administering, and operating
emergency management in accordance with the political subdivision’s program established under this
section, subject to the direction and control of the chief executive.


5502.32 Acceptance of private offers of assistance for purposes of emergency management. When any
person, firm, or corporation offers to the state or to any political subdivision thereof services, equipment,
supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management, the
state or the political subdivision may accept the offer and, upon acceptance, may authorize any officer of
the state or of the political subdivision, as the case may be, to receive the services, equipment, supplies,
materials, or funds on behalf of the state or political subdivision.
5502.35 Exercising emergency management powers outside jurisdiction. Notwithstanding any
inconsistent provisions of law, persons engaged in emergency management activities, members of
emergency management agencies in this state, and members of the emergency management agencies of
other states or of the federal government or of another country or of a province or subdivision thereof
performing emergency management services at any place in this state pursuant to agreements, compacts,
or arrangements for mutual aid and assistance, to which the state or a political subdivision thereof is a
party, shall possess the same powers, duties, immunities, and privileges they would ordinarily possess if
performing their duties in the jurisdiction in which normally employed or rendering services.

OAC 4501:3-6-01 Emergency operations plans and exercises.


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(A) Each local emergency management agency shall be responsible for maintaining current its emergency
operations plan, by reviewing and updating it annually. Each emergency operations plan shall be
authorized by the chief executive officer and shall be consistent with published federal and state guidance
and emergency operations plans.

(B) Any political subdivision within a county which forms its own emergency
management agency as required by section 5502.271 of the Revised Code shall submit its emergency
operations plan to the county agency as required by section 5502.26 of the Revised Code or to the
regional authority formed under section 5502.27 of the Revised Code, or the county emergency
management agency formed under section 5502.271 of the Revised Code for the county in which the
political subdivision is located, for initial review and annual review every year thereafter. Said county
agency, countywide agency, or regional authority may establish procedures for the review of said local
plans.

(C) Each political subdivision shall be responsible for maintaining current its emergency operations plan
and shall keep its plan consistent with the emergency operations plan of a county under section 5502.271
of the Revised Code, a countywide agency formed under section 5502.26 of the Revised Code, or a
regional authority formed under section 5502.27 of the Revised Code, for the county in which the
political subdivision is located.

(D) A political subdivision that is not a part of a countywide agency formed under section 5502.26 of the
Revised Code, or a regional authority formed under section 5502.27 of the Revised Code, or has not
entered into a contract with a county agency formed under section 5502.271 of the Revised Code, cannot
be a multijurisdictional agency. The director of the agency of the political subdivision will serve only the
political subdivision for which appointed. Said agency and its director shall have no authority to
coordinate multijurisdictional planning or actual hazard response beyond the boundary of the political
subdivision for which it was formed with the exception of mutual aid agreements established pursuant to
section 5502.29 of the Revised Code.


                                         Board of Commissioners

307.01 County buildings, offices, equipment.

(A) A courthouse, jail, public comfort station, offices for county officers, and a county home shall be
provided by the board of county commissioners when, in its judgment, any of them are needed. The
buildings and offices shall be of such style, dimensions, and expense as the board determines. All new
jails and renovations to existing jails shall be designed, and all existing jails shall be operated in such a
manner as to comply substantially with the minimum standards for jails in Ohio adopted by the
department of rehabilitation and correction. The board shall also provide equipment, stationery, and
postage, as it considers reasonably necessary for the proper and convenient conduct of county offices, and
such facilities as will result in expeditious and economical administration of such offices, except that, for
the purpose of obtaining federal or state reimbursement, the board may impose on the public children
services agency reasonable charges, not exceeding the amount for which reimbursement will be made and
consistent with cost-allocation standards adopted by the department of job and family services, for the
provision of office space, supplies, stationery, utilities, telephone use, postage, and general support
services.

307.05 Ambulance, emergency medical and nonemergency patient transport service organizations. As
used in this section, ―emergency medical service organization‖ has the same meaning as in section


                                                     81
4765.01 of the Revised Code. A board of county commissioners may operate an ambulance service
organization or emergency medical service organization,

307.08 Appropriation of lands.
(A) Except as provided in division (B) of this section, when, in the opinion of the board of county
commissioners, it is necessary to procure real estate, a right-of-way, or an easement for a courthouse, a
jail, or public offices, for a bridge and the approaches to it, or for another structure, public market place,
or market house, proceedings shall be had in accordance with sections 163.01 to 163.22 of the Revised
Code.
(B)(1) For the purposes of division (B) of this section, either of the following constitutes a public
exigency:
(a) A finding by the director of environmental protection that a public health nuisance caused by an
occasion of unavoidable urgency and suddenness due to unsanitary conditions compels the immediate
construction of sewers for the protection of the public health and welfare;
(b) The issuance of an order by the board of health of a health district to mitigate or abate a public health
nuisance that is caused by an occasion of unavoidable urgency and suddenness due to unsanitary
conditions and compels the immediate construction of sewers for the protection of the public health and
welfare.
(2) If the board of county commissioners is unable to purchase property for the purpose of the
construction of sewers to mitigate or abate the public health nuisance that is the subject of a finding of the
director or an order of the board of health, the board of county commissioners may adopt a resolution
finding that it is necessary for the protection of the public health and welfare to appropriate property that
the board of county commissioners considers needed for that purpose. The resolution shall contain a
definite, accurate, and detailed description of the property and the name and place of residence, if known
or with reasonable diligence ascertainable, of the owners of the property to be appropriated.

307.15 Contracts with other governmental entities.
(A)(1) Subject to division (C) of this section, the board of county commissioners may enter into an
agreement with the legislative authority of any municipal corporation, township, port authority, water or
sewer district, school district, library district, health district, park district, soil and water conservation
district, water conservancy district, or other taxing district, or with the board of any other county, and
such legislative authorities may enter into agreements with the board of county commissioners, whereby
the board undertakes, and is authorized by the contracting subdivision, to exercise any power, perform
any function, or render any service, on behalf of the contracting subdivision or its legislative authority,
that such subdivision or legislative authority may exercise, perform, or render; or whereby the legislative
authority of any municipal corporation undertakes, and is authorized by the board of county
commissioners, to exercise any power, perform any function, or render any service, on behalf of the
county or the board, that the county or the board may exercise, perform, or render. The board of county
commissioners may enter into an agreement with the board of township trustees of any township within
the county, whereby the board of county commissioners or any county official designated by the board,
purchases at the request of the township any materials for the construction, maintenance, or repair of any
township road or for the maintenance or repair of any township building, and sells the materials to the
township at the cost to the county, which cost shall include the purchase price and any expenses incurred
in such purchase, providing the amount involved does not exceed one thousand dollars.
(2) Upon the execution of an agreement described in division (A)(1) of this section, and within the
limitations prescribed by the agreement, the board of county commissioners may exercise the same
powers as the contracting subdivision possesses with respect to the performance of any function or the
rendering of any service, which, by such agreement, it undertakes to perform or render, and all powers
necessary or incidental thereto, as amply as such powers are possessed and exercised by the contracting
subdivisions directly; and the legislative authority of any municipal corporation may exercise the same
powers as the county possesses with respect to the performance of any function or the rendering of any


                                                      82
service, which, by such agreement, it undertakes to perform or render, and all powers necessary or
incidental thereto, as amply as such powers are possessed and exercised by the county directly. In the
absence in the agreement of provisions determining by what officer, office, department, agency, or
authority, the powers and duties of the board shall be exercised or performed, the board shall determine
and assign such powers and duties. In the absence in the agreement of provisions determining by what
officer, office, department, agency, or authority, the powers and duties of the legislative authority of the
municipal corporation shall be exercised or performed, such legislative authority shall determine and
assign such powers and duties. Sections 307.14 to 307.19 of the Revised Code, or any agreement
authorized by those sections, shall not suspend the possession by a contracting subdivision of any power
or function exercised or performed by the board, or the possession by a county of any power or function
exercised or performed by the contracting municipal corporation, in pursuance of the agreement. Nor
shall the board, by virtue of any agreement entered into under this section, acquire any power to levy
taxes within, and on behalf of, a contracting subdivision unless approved by a majority of the electors of
the contracting subdivision.

307.20 Powers over air navigation facilities.

The board of county commissioners, in addition to its other powers, shall have the same authority, subject
to the same limitations, with respect to airports, landing fields, and other air navigation facilities as is
conferred upon municipal corporations by sections 717.01 and 719.01 of the Revised Code and may
operate thereon public recreation facilities and public parks. The board of county commissioners may
contract with any person, firm, or corporation to operate restaurants, parking lots, motels, gasoline service
stations, public parks, office buildings, retail stores for merchandising or services, and industrial uses on
airports, landing fields, and other air navigation facilities.

―Airport,‖ ―landing field,‖ and ―air navigation facility,‖ as defined in section 4561.01 of the Revised
Code, apply to this section.

Effective Date: 10-13-1965

307.29 County may lease to municipal corporation.

The board of county commissioners may, by agreement with the city council, the director of public safety
or his successor, or the person or board charged with the erection, maintenance, or repair of police
stations, jails, police and municipal courthouse and courtrooms, lease to any municipal corporation in the
county suitable quarters in county buildings, erected or to be erected, for municipal courts, police stations,
prosecutors’ offices, probationers’ offices, and other similar municipal purposes. Whenever the board of
any county has made such an agreement with a municipal corporation the board may erect a county
building anticipating and making provision for such municipal quarters.

Effective Date: 01-01-1976

307.37 Adoption of county building code.

(A) As used in division (B)(3) of this section, ―proposed new construction‖ means a proposal to erect,
construct, repair, alter, redevelop, or maintain a single-family, two-family, or three-family dwelling or
any structure that is regulated by the Ohio building code.




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(B)(1)(a) The board of county commissioners may adopt local residential building regulations governing
residential buildings as defined in section 3781.06 of the Revised Code, to be enforced within the
unincorporated area of the county or within districts the board establishes in any part of the
unincorporated area. No local residential building regulation shall differ from the state residential building
code the board of building standards establishes pursuant to Chapter 3781. of the Revised Code unless the
regulation addresses subject matter not addressed by the state residential building code or is adopted
pursuant to section 3781.01 of the Revised Code.

307.47 Relief for persons injured in automobiles commandeered by police officer.

The board of county commissioners shall provide for the relief, out of the general funds of the county, of
any person temporarily or permanently disabled by reason of his automobile being commandeered by any
police officer of the county or other political subdivision in the discharge of his duty. Such board shall
pay, out of the general funds of the county, to the husband or wife or other dependents of any person
whose death is caused by reason of his automobile being commandeered by any police officer of the
county or other political subdivision in the discharge of his duty, the sum not to exceed five thousand
dollars.

Effective Date: 10-01-1953

307.63 Establishing countywide public safety communications system.

(A) As used in this section, ―countywide public safety communications system‖ means a system of
communications facilities, equipment, and services that helps to provide immediate field exchange of
police, fire, and emergency medical services information between the county and participating states,
political subdivisions, and other public entities, without regard to which jurisdiction holds title to real or
personal property used in the system or employs the persons responsible to dispatch emergency personnel
using the system.

(D) The board of county commissioners may enter into agreements with this state, political subdivisions
of this state, an adjoining state or any of its political subdivisions, or any other public entity concerning
the use of the countywide public safety communications system.

307.691 County or municipal assistance to nonprofit corporations engaged in certain activities benefiting
public.

The board of county commissioners of any county or the legislative authority of a municipal corporation
may cooperate with, give financial assistance to, and provide equipment to any nonprofit corporation
engaged in promoting safety in this state, to any nonprofit corporation that provides ambulance service,
emergency medical services, or nonemergency patient transport services in this state, to any nonprofit
corporation engaged in this state in the development of public interest and understanding of the economic
benefits resulting from the building of the Great Lakes-St. Lawrence Seaway, and to any nonprofit
ombudsman corporation engaged in this state in assisting citizens in dealing with governments, including
political subdivisions, governmental agencies and instrumentalities, and public officials through the
investigation of citizen complaints concerning government services and operations.

The nonprofit corporation shall be required to make an audited account at least once every year of any
funds received, and a report of the use and disposition of any equipment received, from the board of
county commissioners or the legislative authority of any municipal corporation, to the board of county



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commissioners or the legislative authority of any municipal corporation from which the funds or
equipment is received.

Effective Date: 11-12-1992

307.71 Adoption of curfew.

(A) Whenever the adoption of a curfew for persons under eighteen years of age is deemed necessary by
the board of county commissioners for the immediate preservation of the public peace, health, or safety in
any of the unincorporated areas of such county, the board of county commissioners may adopt a
resolution setting forth the provisions of such curfew and the necessity for such curfew together with a
statement of the reasons for such necessity, and providing for its enforcement within such unincorporated
areas of the county. Upon adoption of the resolution by a majority of the commissioners, the resolution
shall become effective immediately.

(B) Any person under the age of eighteen years who violates the provisions of a curfew adopted in
accordance with division (A) of this section shall be apprehended and charged as being an unruly child
and taken before the juvenile court in the county in which the violation occurred as provided in Chapter
2151. of the Revised Code.

Effective Date: 06-23-1970

307.73 Contract for private construction of water and sewer lines.

The board of county commissioners for any unincorporated portion of the county, upon application by
any individual, organization, or agency of private enterprise, may grant permission by resolution to such
individual, organization, or agency to construct water or sewer lines, or both, under the supervision of the
board. Such resolution, and any contract entered into pursuant to such resolution, shall authorize the
collection of prorated shares of the cost of such improvement as provided in this section.

307.77 Giving aid to units of government for water management.

The board of county commissioners of any county may give aid to any of the units of government set
forth in division (A) of this section by the appropriation of money or by the issuance of bonds and
payment of proceeds as provided by section 307.771 of the Revised Code for a public improvement
whenever:

(A) The public improvement is authorized to be constructed, acquired, maintained, or operated by or
under the management and control of a department or agency of the United States, or of this state, or of
any state adjoining this state, or of one or more counties of this state, or of any municipal corporation or
political subdivision of this or an adjoining state, either separately or jointly or co-operatively; and

(B) The public improvement is authorized to be constructed, acquired, maintained, or operated:

(1) To alleviate and reduce damage from floods; regulate stream channels by changing, widening, and
deepening the same; or to impound water in a reservoir and regulate the release thereof for the purpose or
purposes of lessening the flow of a stream in times of floods, or augmenting the flow of a stream in times
of below average runoff, or providing a supply of water for domestic, commercial, industrial, agricultural,
recreational, conservational, or other public uses, not including commercial water transportation; or



                                                    85
(2) To provide dams, ditches, or other facilities for a water supply system, or for the removal and
disposition of surplus water, or for abatement or alleviation of pollution, or for betterment of sanitary
conditions; and

307.85 Cooperation with other agencies in operating federal programs.

(A) The board of county commissioners of any county may participate in, give financial assistance to, and
cooperate with other agencies or organizations, either private or governmental, in establishing and
operating any federal program enacted by the congress of the United States, or with any such agency or
organization that is receiving federal funds pursuant to a federal program, and for such purpose may adopt
any procedures and take any action not prohibited by the constitution of Ohio nor in conflict with the laws
of this state.

(B) The board may participate in, give financial assistance to, and cooperate with public and nonprofit
private agencies and organizations in establishing and operating programs to provide necessary social
services to meet the needs of older persons or to provide emergency food to needy persons, in addition to
those agencies and organizations receiving federal funds for this purpose. For the purpose of this division,
payments to the county under the ―State and Local Fiscal Assistance Act of 1972,‖ 86 Stat. 919, 31
U.S.C.A. 1221, as amended, shall be considered to be county general funds. If the board finds that any
agency or organization receiving funds pursuant to this division uses them for any purpose not clearly a
public purpose authorized by this division and by the board or fails to comply with accounting and
reporting requirements under Chapter 117. of the Revised Code, the board shall withhold further
payments of such funds to such agency or organization.

Effective Date: 09-29-1995

307.86 Competitive bidding required - exceptions.

Anything to be purchased, leased, leased with an option or agreement to purchase, or constructed,
including, but not limited to, any product, structure, construction, reconstruction, improvement,
maintenance, repair, or service, except the services of an accountant, architect, attorney at law, physician,
professional engineer, construction project manager, consultant, surveyor, or appraiser, by or on behalf of
the county or contracting authority, as defined in section 307.92 of the Revised Code, at a cost in excess
of twenty-five thousand dollars, except as otherwise provided in division (D) of section 713.23 and in
sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041, 307.861, 339.05, 340.03, 340.033, 4115.31
to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall be obtained
through competitive bidding. However, competitive bidding is not required when any of the following
applies:

(A) The board of county commissioners, by a unanimous vote of its members, makes a determination that
a real and present emergency exists, and that determination and the reasons for it are entered in the
minutes of the proceedings of the board, when either of the following applies:

(1) The estimated cost is less than fifty thousand dollars.

(2) There is actual physical disaster to structures, radio communications equipment, or computers.

For purposes of this division, ―unanimous vote‖ means all three members of a board of county
commissioners when all three members are present, or two members of the board if only two members,
constituting a quorum, are present.


                                                      86
Whenever a contract of purchase, lease, or construction is exempted from competitive bidding under
division (A)(1) of this section because the estimated cost is less than fifty thousand dollars, but the
estimated cost is twenty-five thousand dollars or more, the county or contracting authority shall solicit
informal estimates from no fewer than three persons who could perform the contract, before awarding the
contract. With regard to each such contract, the county or contracting authority shall maintain a record of
such estimates, including the name of each person from whom an estimate is solicited. The county or
contracting authority shall maintain the record for the longer of at least one year after the contract is
awarded or the amount of time the federal government requires.

Note (from the CCAO County Commissioners Handbook): County government does not possess home
rule authority. That is to say, county officials may act only when and as specifically authorized by state
law.

                                       Prosecuting Attorney Office

309.08 Powers and duties of prosecuting attorney - rewards for information as to drug-related offenses.

(A) The prosecuting attorney may inquire into the commission of crimes within the county. The
prosecuting attorney shall prosecute, on behalf of the state, all complaints, suits, and controversies in
which the state is a party, except for those required to be prosecuted by a special prosecutor pursuant to
section 177.03 of the Revised Code or by the attorney general pursuant to section 109.83 of the Revised
Code, and other suits, matters, and controversies that the prosecuting attorney is required to prosecute
within or outside the county, in the probate court, court of common pleas, and court of appeals. In
conjunction with the attorney general, the prosecuting attorney shall prosecute in the supreme court cases
arising in the prosecuting attorney’s county, except for those cases required to be prosecuted by a special
prosecutor pursuant to section 177.03 of the Revised Code or by the attorney general pursuant to section
109.83 of the Revised Code

309.09 Legal adviser - additional legal counsel.

(A) The prosecuting attorney shall be the legal adviser of the board of county commissioners, board of
elections, and all other county officers and boards, including all tax-supported public libraries, and any of
them may require written opinions or instructions from the prosecuting attorney in matters connected with
their official duties. The prosecuting attorney shall prosecute and defend all suits and actions which any
such officer or board directs or to which it is a party, and no county officer may employ any other counsel
or attorney at the expense of the county, except as provided in section 305.14 of the Revised Code.

(B)(1) The prosecuting attorney shall be the legal adviser for all township officers, boards, and
commissions, unless, subject to division (B)(2) of this section, the township has adopted a limited home
rule government pursuant to Chapter 504. of the Revised Code and has not entered into a contract to have
the prosecuting attorney serve as the township law director, in which case, subject to division (B)(2) of
this section, the township law director, whether serving full-time or part-time, shall be the legal adviser
for all township officers, boards, and commissions. When the board of township trustees finds it advisable
or necessary to have additional legal counsel, it may employ an attorney other than the township law
director or the prosecuting attorney of the county, either for a particular matter or on an annual basis, to
represent the township and its officers, boards, and commissions in their official capacities and to advise
them on legal matters. No such legal counsel may be employed, except on the order of the board of
township trustees, duly entered upon its journal, in which the compensation to be paid for the legal
services shall be fixed. The compensation shall be paid from the township fund.



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                                              Sheriff’s Office
311.04 Deputy sheriffs.

(A) As used in this section, ―felony‖ has the same meaning as in section 109.511 of the Revised Code.

(B)(1) Subject to division (C) of this section, the sheriff may appoint, in writing, one or more deputies. At
the time of the appointment, the sheriff shall file the writing upon which the appointment is made with the
clerk of the court of common pleas, and the clerk of the court shall enter it upon the journal of the court.
The sheriff shall pay the clerk’s fees for the filing and journal entry of the writing. In cases of emergency,
the sheriff may request of the sheriff of another county the aid of qualified deputies serving in those other
counties of the state, and, if the consent of the sheriff of that other county is received, the deputies while
so assigned shall be considered to be the deputies of the sheriff of the county requesting aid. No judge of
a county court or mayor shall be appointed a deputy.

311.07 General powers and duties of sheriff.

(A) Each sheriff shall preserve the public peace and cause all persons guilty of any breach of the peace,
within the sheriff’s knowledge or view, to enter into recognizance with sureties to keep the peace and to
appear at the succeeding term of the court of common pleas, and the sheriff shall commit such persons to
jail in case they refuse to do so. The sheriff shall return a transcript of all the sheriff’s proceedings with
the recognizance so taken to such court. The sheriff shall, except as provided in division (C) of this
section, execute all warrants, writs, and other process directed to the sheriff by any proper and lawful
authority of this state, and those issued by a proper and lawful authority of any other state. The sheriff
shall attend upon the court of common pleas and the court of appeals during their sessions, and, when
required, shall attend upon the probate court. In the execution of official duties of the sheriff, the sheriff
may call to the sheriff’s aid such persons or power of the county as is necessary. Under the direction and
control of the board of county commissioners, such sheriff shall have charge of the court house. A sheriff
or deputy sheriff of a county may participate, as the director of an organized crime task force established
under section 177.02 of the Revised Code or as a member of the investigatory staff of such a task force, in
an investigation of organized criminal activity in any county or counties in this state under sections
177.01 to 177.03 of the Revised Code.

(B) The sheriff of a county may call upon the sheriff of any other county, the mayor or other chief
executive of any municipal corporation, and the chairperson of the board of township trustees of any
township within this state, to furnish such law enforcement or fire protection personnel, or both, together
with appropriate equipment and apparatus, as may be necessary to preserve the public peace and protect
persons and property in the requesting sheriff’s county. Such aid shall be furnished to the sheriff
requesting it, insofar as possible without withdrawing from the political subdivision furnishing such aid
the minimum police and fire protection appearing necessary under the circumstances. Law enforcement
and fire protection personnel acting outside the territory of their regular employment shall be considered
as performing services within the territory of their regular employment for the purposes of compensation,
pension or indemnity fund rights, workers’ compensation, and other rights or benefits to which they may
be entitled as incidents of their regular employment. The county receiving aid shall reimburse, as
provided in this section, the political subdivision furnishing it the cost of furnishing such aid, including
compensation of personnel, expenses incurred by reason of the injury or death of any such personnel
while rendering such aid, expenses of furnishing equipment and apparatus, compensation for damage to
or loss of equipment or apparatus while in service outside the territory of its regular use, and such other


                                                     88
reasonable expenses as may be incurred by any such political subdivision in furnishing aid. The cost of
furnishing such aid may be paid from the sheriff’s furtherance of justice fund created pursuant to section
325.071 of the Revised Code or from the law enforcement trust fund created pursuant to section 2981.13
of the Revised Code, or from the county general fund to the extent moneys have been appropriated for
such purposes pursuant to section 5705.38 of the Revised Code unless the board of county commissioners
adopts a resolution restricting or prohibiting the use of general fund moneys without the prior approval of
the board of county commissioners. Nothing in this section shall be construed as superseding or
modifying in any way any provision of a contract entered into pursuant to section 311.29 of the Revised
Code. Law enforcement officers acting pursuant to this section outside the territory of their regular
employment have the same authority to enforce the law as when acting within the territory of their regular
employment.

                                             County Coroner
313.06 Duties of coroner and deputies.

The coroner, his deputy, and assistants shall be available at all times for the performance of their duties as
set forth in sections 313.01 to 313.22, inclusive, of the Revised Code.

Effective Date: 10-01-1953

313.08 Coroner custodian of morgue - duties where decedent not identified.

(A) In counties in which a county morgue is maintained, the coroner shall be the official custodian of the
morgue.

In all cases of the finding of the body or remains of a deceased person within a county in which a county
morgue is maintained, when the identity of the deceased person is unknown, or the deceased person’s
relatives or other persons entitled to the custody of the body or remains of the deceased person are
unknown or not present, the body or remains shall be removed to the county morgue, where it shall be
held for identification and disposal.

(B) The coroner shall make a reasonable attempt to promptly identify the body or remains of a deceased
person. The coroner may use any means available in attempting to identify the body or remains.

(C) If the coroner is unable to identify the body or remains of a deceased person within thirty days after
the body or remains of the deceased person are delivered to the coroner, the coroner shall notify the
bureau of criminal identification and investigation that the body or remains are located in the county
morgue or are in the custody of the coroner and forward a DNA specimen from the body or remains of the
deceased person to the bureau.

(D) If a body or remains are discovered and delivered to the coroner and the coroner is unable to
determine whether or not the body or remains that are discovered are the body or remains of a deceased
person, the coroner shall notify the bureau of criminal identification and investigation of the existence of
a possible body or remains of a deceased person and forward a DNA specimen from the body or remains
to the bureau.




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(E) If the body or remains of a deceased person are not identified, in addition to providing the notice
required under division (C) of this section, a coroner shall do all of the following prior to disposing of the
body or remains:

(1) Take the fingerprints of the body or remains of the deceased person, or cause the same to be taken,
according to the fingerprint system of identification on the forms furnished by the superintendent of the
bureau of criminal identification and investigation;

(2) Take or cause to be taken one or more photographs of the body or remains of the deceased person;

(3) Collect in a medically approved manner a DNA specimen from the body or remains of the deceased
person;

(4) Promptly cause the fingerprints, the photographs, and the DNA specimen to be forwarded to the
bureau of criminal identification and investigation for inclusion in the unidentified person database in
accordance with procedures established by the superintendent of the bureau under division (H) of section
109.573 of the Revised Code.

(F) The bureau of criminal identification and investigation shall cause the fingerprints, the photographs,
and the DNA specimen forwarded by the coroner to the bureau pursuant to division (E)(4) of this section
to be forwarded to the national crime information center and the national DNAindex system within ten
days after the bureau completes the DNA analysis of the forwarded DNA specimen.

(G) The bureau shall provide the fingerprint forms, specimen vials, mailing tubes, labels, postage, and
instruction needed for the collection and forwarding to the bureau pursuant to division (E)(4) of this
section of the fingerprints and the DNA specimen and for the forwarding pursuant to division (E)(4) of
this section to the bureau of the photographs.

(H) Upon the request of a coroner who has the duty to take, or cause the taking of, fingerprints and
photographs under divisions (E)(1) and (2) of this section, the bureau of criminal identification and
investigation shall take, or assist in the taking of, the required fingerprints and photographs.

(I) As used in this section, ―DNA analysis,‖ ―DNA specimen,‖ and ―unidentified person database‖ have
the same meanings as in section 109.573 of the Revised Code.

Effective Date: 05-21-1998; 05-18-2005; 08-17-2006; 04-05-2007


                                        County Engineer’s Office
315.08 Duties of county engineer.

The county engineer shall perform for the county all duties authorized or declared by law to be done by a
registered professional engineer or registered surveyor, except those duties described in sections 307.37
and 307.38 and Chapters 343., 6103., and 6117. of the Revised Code. The engineer shall prepare all plans,
specifications, details, estimates of cost, and submit forms of contracts for the construction, maintenance,
and repair of all bridges, culverts, roads, drains, ditches, roads on county fairgrounds, and other public
improvements, except buildings, constructed under the authority of any board within and for the county.


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The engineer shall not be required to prepare plans, specifications, details, estimates of costs, or forms of
contracts for emergency repairs authorized under section 315.13 of the Revised Code, unless the engineer
determines them necessary.

Effective Date: 06-30-1991; 03-29-2005

315.13 Emergency repairs - county engineer's emergency repair fund.

The county engineer shall make all emergency repairs on all roads, bridges, and culverts in the county,
including state highways, and shall keep on hand at all times a supply of material for the purposes of
making such repairs. Upon report to the engineer of any road or bridge in the county needing immediate
attention, such engineer shall, if he deems it an emergency repair, proceed at once to make such repair by
force account, without preparing plans, specifications, estimates of cost, or forms of contract.

The board of county commissioners may appropriate a sum of money each year sufficient to enable the
county engineer to carry out this section. Such sum shall constitute the ―county engineer’s emergency
repair fund.‖ All expenses incurred in employing extra help or in purchasing materials used in such
repairs shall be paid from such fund on vouchers signed by the engineer.

Necessary repairs, the total cost of which is not more than five thousand dollars, shall be deemed as
necessary for emergency repairs.

Effective Date: 10-27-1981

                                        County Recorder’s Office

317.08 Records to be kept by county recorder.

(A) Except as provided in divisions (C) and (D) of this section, the county recorder shall keep six separate
sets of records as follows:

(1) A record of deeds, in which shall be recorded all deeds and other instruments of writing for the
absolute and unconditional sale or conveyance of lands, tenements, and hereditaments; all notices as
provided in sections 5301.47 to 5301.56 of the Revised Code; all judgments or decrees in actions brought
under section 5303.01 of the Revised Code; all declarations and bylaws, and all amendments to
declarations and bylaws, as provided in Chapter 5311. of the Revised Code; affidavits as provided in
sections 5301.252 and 5301.56 of the Revised Code; all certificates as provided in section 5311.17 of the
Revised Code; all articles dedicating archaeological preserves accepted by the director of the Ohio
historical society under section 149.52 of the Revised Code; all articles dedicating nature preserves
accepted by the director of natural resources under section 1517.05 of the Revised Code; all agreements
for the registration of lands as archaeological or historic landmarks under section 149.51 or 149.55 of the
Revised Code; all conveyances of conservation easements and agricultural easements under section
5301.68 of the Revised Code; all instruments extinguishing agricultural easements under section 901.21
or 5301.691 of the Revised Code or pursuant to terms of such an easement granted to a charitable
organization under section 5301.68 of the Revised Code; all instruments or orders described in division
(B)(2)(b) of section 5301.56 of the Revised Code; all no further action letters issued under section
122.654 or 3746.11 of the Revised Code; all covenants not to sue issued under section 3746.12 of the


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Revised Code, including all covenants not to sue issued pursuant to section 122.654 of the Revised Code;
any restrictions on the use of property contained in a no further action letter issued under section 122.654
of the Revised Code, any restrictions on the use of property identified pursuant to division (C)(3)(a) of
section 3746.10 of the Revised Code, and any restrictions on the use of property contained in a deed or
other instrument as provided in division (E) or (F) of section 3737.882 of the Revised Code; any
easement executed or granted under section 3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code;
any environmental covenant entered into in accordance with sections 5301.80 to 5301.92 of the Revised
Code; all memoranda of trust, as described in division (A) of section 5301.255 of the Revised Code, that
describe specific real property; and all agreements entered into under division (A) of section 1506.44 of
the Revised Code;

(2) A record of mortgages, in which shall be recorded all of the following:

(a) All mortgages, including amendments, supplements, modifications, and extensions of mortgages, or
other instruments of writing by which lands, tenements, or hereditaments are or may be mortgaged or
otherwise conditionally sold, conveyed, affected, or encumbered;

(b) All executory installment contracts for the sale of land executed after September 29, 1961, that by
their terms are not required to be fully performed by one or more of the parties to them within one year of
the date of the contracts;

(c) All options to purchase real estate, including supplements, modifications, and amendments of the
options, but no option of that nature shall be recorded if it does not state a specific day and year of
expiration of its validity;

(d) Any tax certificate sold under section 5721.33 of the Revised Code, or memorandum of it, that is
presented for filing of record.

(3) A record of powers of attorney, including all memoranda of trust, as described in division (A) of
section 5301.255 of the Revised Code, that do not describe specific real property;

(4) A record of plats, in which shall be recorded all plats and maps of town lots, of the subdivision of
town lots, and of other divisions or surveys of lands, any center line survey of a highway located within
the county, the plat of which shall be furnished by the director of transportation or county engineer, and
all drawings and amendments to drawings, as provided in Chapter 5311. of the Revised Code;

(5) A record of leases, in which shall be recorded all leases, memoranda of leases, and supplements,
modifications, and amendments of leases and memoranda of leases;

(6) A record of declarations executed pursuant to section 2133.02 of the Revised Code and durable
powers of attorney for health care executed pursuant to section 1337.12 of the Revised Code

317.13 Duties of recorder.

(A) Except as otherwise provided in division (B) of this section, the county recorder shall record in the
proper record, in legible handwriting, typewriting, or printing, or by any authorized photographic or
electronic process, all deeds, mortgages, plats, or other instruments of writing that are required or


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authorized by the Revised Code to be recorded and that are presented to the recorder for that purpose. The
recorder shall record the instruments in regular succession, according to the priority of presentation, and
shall enter the file number at the beginning of the record. On the record of each instrument, the recorder
shall record the date and precise time the instrument was presented for record. All records made, prior to
July 28, 1949, by means authorized by this section or by section 9.01 of the Revised Code shall be
deemed properly made.

(B) The county recorder may refuse to record an instrument of writing presented to the recorder for
recording if the instrument is not required or authorized by the Revised Code to be recorded or the
recorder has reasonable cause to believe the instrument is materially false or fraudulent. This division
does not create a duty upon a recorder to inspect, evaluate, or investigate an instrument of writing that is
presented for recording.

(C) If a person presents an instrument of writing to the county recorder for recording and the recorder,
pursuant to division (B) of this section, refuses to record the instrument, the person may commence an
action in or apply for an order from the court of common pleas in the county that the recorder serves to
require the recorder to record the instrument. If the court determines that the instrument is required or
authorized by the Revised Code to be recorded and is not materially false or fraudulent, it shall order the
recorder to record the instrument.

                                         County Auditor’s Office

319.13 Money to be certified into treasury.

Except as to moneys collected on the tax duplicate, the county auditor shall certify all moneys into the
county treasury, specifying by whom to be paid, what fund to be credited, charge the treasurer with such
moneys, and preserve a duplicate of the certificate in his office. Costs collected in felony cases that have
been or are to be paid by the state shall be certified into the treasury as belonging to the state.

Effective Date: 10-06-1994

319.14 Account current with county treasurer.

The county auditor shall keep an accurate account current with the county treasurer, showing all moneys
paid into the treasury, the amount of such moneys, the time when, by whom, from what source, and to
what fund paid, and showing all moneys paid out, the amount of such moneys, the time when, to whom,
for what purpose, and from what fund paid. Upon the receipt of the daily statement of the county treasurer
required by section 321.09 of the Revised Code, the auditor shall enter on his account current, as a charge
to the treasurer, the amount of tax collected as shown by such statement, in the following manner:

(A) Collections of estate tax to be credited to the ―undivided estate tax fund;‖

(B) Collections of other taxes and assessments of whatever kind to be credited to the ―undivided general
tax fund.‖




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319.16 Issuing and recording warrants.

The county auditor shall issue warrants, including electronic warrants authorizing direct deposit for
payment of county obligations in accordance with division (F) of section 9.37 of the Revised Code, on the
county treasurer for all moneys payable from the county treasury, upon presentation of the proper order or
voucher and evidentiary matter for the moneys, and keep a record of all such warrants showing the
number, date of issue, amount for which drawn, in whose favor, for what purpose, and on what fund. The
auditor shall not issue a warrant for the payment of any claim against the county, unless it is allowed by
the board of county commissioners, except where the amount due is fixed by law or is allowed by an
officer or tribunal, including a county board of mental health or county board of developmental
disabilities, so authorized by law. If the auditor questions the validity of an expenditure that is within
available appropriations and for which a proper order or voucher and evidentiary matter is presented, the
auditor shall notify the board, officer, or tribunal who presented the voucher. If the board, officer, or
tribunal determines that the expenditure is valid and the auditor continues to refuse to issue the
appropriate warrant on the county treasury, a writ of mandamus may be sought. The court shall issue a
writ of mandamus for issuance of the warrant if the court determines that the claim is valid.

Evidentiary matter includes original invoices, receipts, bills and checks, and legible copies of contracts.

Amended by 128th General Assembly ch. 7, SB 79, § 1, eff. 10/6/2009.

Effective Date: 06-15-2000

319.38 Deductions from valuation for injured or destroyed property.

Whenever it is made to appear to the county auditor, by the oath of the owner or one of the owners of a
building or structure, land, orchard, timber, ornamental trees, or groves, or by the affidavit of two
disinterested persons who are residents of the township or municipal corporation in which such property
is or was situated, that it is listed for taxation for the current year, and has been destroyed or injured after
the first day of January of the current year, the county auditor shall investigate the matter and adjust the
valuation of the property, on the tax list for the current year, as prescribed by divisions (A) through (D) of
this section:

(A) If the injury or destruction occurred during the first calendar quarter, the county auditor shall deduct
from the valuation of the property an amount that, in the county auditor’s judgment, fairly represents the
extent of the injury or destruction;

(B) If the injury or destruction occurred during the second calendar quarter, the county auditor shall
deduct from the valuation of the property seventy-five per cent of the amount that, in the county auditor’s
judgment, fairly represents the extent of the injury or destruction;

(C) If the injury or destruction occurred during the third calendar quarter, the county auditor shall deduct
from the valuation of the property fifty per cent of the amount that, in the county auditor’s judgment,
fairly represents the extent of the injury or destruction;




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(D) If the injury or destruction occurred during the fourth calendar quarter, the county auditor shall deduct
from the valuation of the property twenty-five per cent of the amount that, in the county auditor’s
judgment, fairly represents the extent of the injury or destruction.

No such deduction shall be made in the case of an injury to or destruction of a building, structure, land,
orchard, timber, ornamental trees, or groves, resulting in damage of less than one hundred dollars.

To obtain the deductions prescribed in divisions (A) to (D) of this section, the owner or one of the owners
of injured or destroyed property or the two disinterested persons who are residents of the township or
municipal corporation in which the property is or was situated shall apply to the county auditor. In the
case of a deduction under division (A), (B), or (C) of this section, the oath or affidavit shall be filed not
later than the thirty-first day of December of the year in which the injury or destruction occurred. In the
case of a deduction under division (D) of this section, the oath or affidavit shall be filed not later than the
thirty-first day of January of the year after the year in which the injury or destruction occurred.

The county auditor shall certify the deductions made under this section to the county treasurer, who shall
correct the tax list and duplicate in accordance with such deductions. If the deduction cannot be entered
upon the current tax list and duplicate, the county auditor shall proceed in the manner prescribed under
section 5715.22 of the Revised Code to refund or credit to the taxpayer the amount of the reduction in
taxes attributable to the deduction in valuation made under this section.

Effective Date: 10-22-1997

                                        County Treasurer’s Office

321.07 Content of accounts.

The county treasurer shall keep an accurate account of all moneys received by him, showing the amount,
the time, from what source received, and of all disbursements made by him, showing the amount, the
time, and for what purpose paid. He shall so arrange his accounts that the amount received and paid on
account of each separate and distinct fund shall be exhibited in a separate and distinct account.

Effective Date: 09-01-1961

321.09 Daily statement to county auditor.

Each business day, the county treasurer shall make a statement to the county auditor for the preceding
day, showing the amount of taxes received and credited to the various undivided tax funds, the amount
received on auditor’s draft, the amount received from all other sources, the total amount deposited in the
depository, the total amount paid by check on the depository, the total amount paid out in cash, the
balance in the depository, and the balance in the county treasury.

Effective Date: 10-01-1953




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                                                 Townships

505.08 Emergency contracts.

After adopting by a unanimous vote a resolution declaring a real and present emergency in connection
with the administration of township services or the execution of duties assigned by law to any officer of a
township, the board of township trustees may, by resolution, enter into a contract, without bidding or
advertising, for the purchase of services, materials, equipment, or supplies needed to meet the emergency
if the estimated cost of the contract is less than fifty thousand dollars.

Effective Date: 07-01-1994

505.37 Fire protection services.

(A) The board of township trustees may establish all necessary rules to guard against the occurrence of
fires and to protect the property and lives of the citizens against damage and accidents, and may, with the
approval of the specifications by the prosecuting attorney or, if the township has adopted limited home
rule government under Chapter 504. of the Revised Code, with the approval of the specifications by the
township’s law director, purchase, lease, lease with an option to purchase, or otherwise provide any fire
apparatus, mechanical resuscitators, or other equipment, appliances, materials, fire hydrants, and water
supply for fire-fighting purposes that seems advisable to the board. The board shall provide for the care
and maintenance of fire equipment, and, for these purposes, may purchase, lease, lease with an option to
purchase, or construct and maintain necessary buildings, and it may establish and maintain lines of fire-
alarm communications within the limits of the township. The board may employ one or more persons to
maintain and operate fire-fighting equipment, or it may enter into an agreement with a volunteer fire
company for the use and operation of fire-fighting equipment. The board may compensate the members of
a volunteer fire company on any basis and in any amount that it considers equitable.

505.373 Adoption of fire code.

The board of township trustees may, by resolution, adopt by incorporation by reference a standard code
pertaining to fire, fire hazards, and fire prevention prepared and promulgated by the state or any
department, board, or other agency of the state, or any such code prepared and promulgated by a public or
private organization that publishes a model or standard code.

After the adoption of the code by the board, a notice clearly identifying the code, stating the purpose of
the code, and stating that a complete copy of the code is on file with the township fiscal officer for
inspection by the public and also on file in the law library of the county in which the township is located
and that the fiscal officer has copies available for distribution to the public at cost, shall be posted by the
fiscal officer in five conspicuous places in the township for thirty days before becoming effective. The
notice required by this section shall also be published in a newspaper of general circulation in the
township once a week for three consecutive weeks. If the adopting township amends or deletes any
provision of the code, the notice shall contain a brief summary of the deletion or amendment.

If the agency that originally promulgated or published the code thereafter amends the code, any township
that has adopted the code pursuant to this section may adopt the amendment or change by incorporation
by reference in the same manner as provided for adoption of the original code.



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Effective Date: 09-20-1999; 12-20-2005

505.374 Fire code violations.

No person shall violate a provision of a standard code or regulation adopted under section 505.373 or
division (C) of section 505.375 of the Revised Code. Each day of continued violation of this section shall
constitute a separate offense.

Effective Date: 11-21-1995

505.43 Police protection.

In order to obtain police protection, or to obtain additional police protection, any township may enter into
a contract with one or more townships, municipal corporations, park districts created pursuant to section
511.18 or 1545.01 of the Revised Code, or county sheriffs or with a governmental entity of an adjoining
state upon any terms that are agreed to by them, for services of police departments or use of police
equipment, or the interchange of the service of police departments or use of police equipment within the
several territories of the contracting subdivisions, if the contract is first authorized by respective boards of
township trustees or other legislative bodies. The cost of the contract may be paid for from the township
general fund or from funds received pursuant to the passage of a levy authorized pursuant to division (J)
of section 5705.19 and section 5705.25 of the Revised Code.

Chapter 2744. of the Revised Code, insofar as it is applicable to the operation of police departments,
applies to the contracting political subdivisions and police department members when the members are
rendering service outside their own subdivision pursuant to the contract.

Police department members acting outside the subdivision in which they are employed may participate in
any pension or indemnity fund established by their employer to the same extent as while acting within the
employing subdivision, and are entitled to all the rights and benefits of Chapter 4123. of the Revised
Code, to the same extent as while performing service within the subdivision.

The contract may provide for a fixed annual charge to be paid at the times agreed upon and stipulated in
the contract.

Effective Date: 12-31-1997

505.73 Model or standard building code.

(A) The board of township trustees may, by resolution, adopt by incorporation by reference, administer,
and enforce within the unincorporated area of the township an existing structures code pertaining to the
repair and continued maintenance of structures and the premises of those structures. For that purpose, the
board shall adopt any model or standard code prepared and promulgated by this state, any department,
board, or agency of this state, or any public or private organization that publishes a recognized model or
standard code on the subject. The board shall ensure that the code adopted governs subject matter not
addressed by the state residential building code and that it is fully compatible with the state residential
and nonresidential building codes the board of building standards adopts pursuant to section 3781.10 of
the Revised Code.


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(B) The board shall assign the duties of administering and enforcing the existing structures code to a
township officer or employee who is trained and qualified for those duties and shall establish by
resolution the minimum qualifications necessary to perform those duties.

(C)(1) After the board adopts an existing structures code, the township fiscal officer shall post a notice
that clearly identifies the code, states the code’s purpose, and states that a complete copy of the code is on
file for inspection by the public with the fiscal officer and in the county law library and that the fiscal
officer has copies available for distribution to the public at cost.

(2) The township fiscal officer shall post the notice in five conspicuous places in the township for thirty
days before the code becomes effective and shall publish the notice in a newspaper of general circulation
in the township for three consecutive weeks. If the adopting township amends or deletes any provision of
the code, the notice shall contain a brief summary of the deletion or amendment.

(D) If the agency that originally promulgated or published the existing structures code amends the code,
the board may adopt the amendment or change by incorporation by reference in the manner provided for
the adoption of the original code.

Effective Date: 10-20-1987; 05-27-2005; 12-20-2005

505.74 Model or standard building code violations.

No person shall violate a standard existing structures code as adopted pursuant to section 505.73 of the
Revised Code. Each day of continued violation of this section constitutes a separate offense.

Effective Date: 10-20-1987

505.75 Township residential building code.

(A)(1) A board of township trustees may adopt local residential building regulations governing residential
buildings as defined in section 3781.06 of the Revised Code. No regulation shall differ from the state
residential building code unless the regulation addresses subject matter not addressed by the state
residential building code or is adopted pursuant to section 3781.01 of the Revised Code.

(2) The board may adopt regulations that are necessary for participation in the national flood insurance
program and that do not conflict with the residential and nonresidential building codes, governing the
prohibition, location, erection, construction, or floodproofing of new buildings or structures, or substantial
improvements to existing buildings or structures, in unincorporated territory within flood hazard areas
identified under the ―Flood Disaster Protection Act of 1973,‖ 87 Stat. 975, 42 U.S.C.A. 4002, as
amended, including, but not limited to, residential, commercial, or industrial buildings or structures.

(B)(1) Regulations or amendments may be adopted under this section only after a public hearing at not
fewer than two regular or special sessions of the board and upon an affirmative vote of all members of the
board. The board shall cause notice of a public hearing to be published in a newspaper of general
circulation in the township once a week for two weeks immediately preceding a hearing, except that if the
board posts the hearing notice on the board’s internet site, the board need publish only one notice of the
hearing in a newspaper of general circulation if that newspaper notice includes that internet site and a


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statement that the notice is also posted on the internet site. Any notice the board publishes or posts shall
include the time, date, and place of the public hearing.

(2) The proposed regulations shall be made available to the public at the board office.

(C)(1) The board of township trustees may create a building department and employ personnel it
determines necessary to administer and enforce any local residential building regulations or existing
structures code the board adopts pursuant to this section. The building department may enforce state
residential and nonresidential building codes the board of building standards establishes pursuant to
Chapter 3781. of the Revised Code if the department is certified pursuant to section 3781.10 of the
Revised Code to enforce those codes. Upon certification of the building department under section 3781.10
of the Revised Code, the board of township trustees may direct the building department to exercise
enforcement authority and to accept and approve plans pursuant to sections 3781.03 and 3791.04 of the
Revised Code for the classes of buildings for which the building department and personnel are certified.

(2) To administer and enforce any local residential building regulations, or existing structures code and
the state residential and nonresidential building codes, the board of township trustees may create,
establish, fill, and fix the compensation of the position of township building inspector to serve as the chief
administrative officer of the township building department . In lieu of creating the position of township
building inspector, the board may assign the duties of the inspector to an existing township officer who is
certified pursuant to division (E) of section 3781.10 of the Revised Code.

(D)(1) The board of township trustees may enter into a contract with any municipal corporation or board
of county commissioners for the municipal corporation or board of county commissioners to administer
and enforce local residential building regulations or existing structures code in the township or to enforce
the state residential and nonresidential building codes in the township if the building department of the
municipal corporation or county is certified to enforce those codes.

(2) Any municipal corporation or board of county commissioners may contract with a board of township
trustees to administer and enforce local building regulations or an existing structures code in the
municipal corporation or county and, if certified, to enforce the state residential and nonresidential
building codes in the municipal corporation or unincorporated areas of the county.

Effective Date: 08-22-1995; 04-15-2005; 05-27-2005

505.82 Emergency resolutions.

(A) If a board of township trustees by a unanimous vote or, in the event of the unavoidable absence of one
trustee, by an affirmative vote of two trustees adopts a resolution declaring that an emergency exists that
threatens life or property within the unincorporated territory of the township or that such an emergency is
imminent, the board may exercise the powers described in divisions (A)(1) and (2) and (B) of this section
during the emergency for a period of time not exceeding six months following the adoption of the
resolution. The resolution shall state the specific time period for which the emergency powers are in
effect.

(1) If an owner of an undedicated road or stream bank in the unincorporated territory of the township has
not provided for the removal of snow, ice, debris, or other obstructions from the road or bank, the board



                                                     99
may provide for that removal. Prior to providing for the removal, the board shall give, or make a good
faith attempt to give, oral notice to the owner or owners of the road or bank of the board’s intent to clear
the road or bank and to impose a service charge for doing so. The board shall establish just and equitable
service charges for the removal to be paid, except as provided in division (B) of this section, by the
owners of the road or bank.

The board shall keep a record of the costs incurred by the township in removing snow, ice, debris, or
other obstructions from the road or bank. The service charges shall be based on these costs and shall be in
an amount sufficient to recover these costs. If there is more than one owner of the road or bank, the board,
except as provided in division (B) of this section, shall allocate the service charges among the owners on
an equitable basis. The board shall notify, in writing, each owner of the road or bank of the amount of the
service charges and shall certify the charges to the county auditor. The service charges shall constitute a
lien upon the property. The auditor shall place the service charges on a special duplicate to be collected as
other taxes and returned to the township general fund.

(2) The board may contract for the immediate acquisition, replacement, or repair of equipment needed for
the emergency situation, without following the competitive bidding requirements of section 5549.21 or
any other section of the Revised Code.

(B) In lieu of collecting service charges from owners for the removal of snow or ice from an undedicated
road by the board of township trustees as provided in division (A)(1) of this section, the board may enter
into a contract with a developer whereby the developer agrees to pay the service charges for the snow and
ice removal instead of the owners.

(C) The removal of snow, ice, debris, or other obstructions from an undedicated road by a board of
township trustees acting pursuant to a resolution adopted under division (A) of this section does not
constitute approval or acceptance of the undedicated road.

(D) As used in this section, ―undedicated road‖ means a road that has not been approved and accepted by
the board of county commissioners and is not a part of the state, county, or township road systems as
provided in section 5535.01 of the Revised Code.

(E) Nothing in this section shall be construed to waive the requirement under section 1547.82 of the
Revised Code that approval of plans be obtained from the director of natural resources or the director’s
representative prior to modifying or causing the modification of the channel of any watercourse in a wild,
scenic, or recreational river area outside the limits of a municipal corporation.

Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 7/17/2009.

Effective Date: 03-31-2003

505.86 Removal, repair or securance of insecure, unsafe buildings or structures.

(A) As used in this section, ―total cost‖ means any costs incurred due to the use of employees, materials,
or equipment of the township, any costs arising out of contracts for labor, materials, or equipment, and
costs of service of notice or publication required under this section.




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(B) A board of township trustees may provide for the removal, repair, or securance of buildings or other
structures in the township that have been declared insecure, unsafe, or structurally defective by any fire
department under contract with the township or by the county building department or other authority
responsible under Chapter 3781. of the Revised Code for the enforcement of building regulations or the
performance of building inspections in the township, or buildings or other structures that have been
declared unfit for human habitation by the board of health of the general health district of which the
township is a part.

At least thirty days prior to the removal, repair, or securance of any insecure, unsafe, or structurally
defective building, the board of township trustees shall give notice by certified mail of its intention with
respect to the removal, repair, or securance to the holders of legal or equitable liens of record upon the
real property on which the building is located and to owners of record of the property. If the owner’s
address is unknown and cannot reasonably be obtained, it is sufficient to publish the notice once in a
newspaper of general circulation in the township. The owners of record of the property or the holders of
liens of record upon the property may enter into an agreement with the board to perform the removal,
repair, or securance of the insecure, unsafe, or structurally defective building. If an emergency exists, as
determined by the board, notice may be given other than by certified mail and less than thirty days prior
to the removal, repair, or securance.

(C) A board may collect the total cost of removing, repairing, or securing buildings or other structures
that have been declared insecure, unsafe, structurally defective, or unfit for human habitation, or of
making emergency corrections of hazardous conditions, by either of the following methods:

(1) The board may have the fiscal officer of the township certify the total costs, together with a proper
description of the lands to the county auditor who shall place the costs upon the tax duplicate. The costs
are a lien upon the lands from and after the date of entry. The costs shall be collected as other taxes and
returned to the township general fund.

(2) The board may commence a civil action to recover the total costs from the owner.

(D) Any board may, whenever a policy or policies of insurance are in force providing coverage against
the peril of fire on a building or structure and the loss agreed to between the named insured or insureds
and the company or companies is more than five thousand dollars and equals or exceeds sixty per cent of
the aggregate limits of liability on all fire policies covering the building or structure on the property,
accept security payments and follow the procedures of divisions (C) and (D) of section 3929.86 of the
Revised Code.

Effective Date: 03-17-1987; 12-20-2005

505.87 Abatement, control, or removal of vegetation, garbage, refuse, and other debris.

(A) A board of township trustees may provide for the abatement, control, or removal of vegetation,
garbage, refuse, and other debris from land in the township, if the board determines that the owner’s
maintenance of that vegetation, garbage, refuse, or other debris constitutes a nuisance.




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(B) At least seven days before providing for the abatement, control, or removal of any vegetation,
garbage, refuse, or debris, the board of township trustees shall notify the owner of the land and any
holders of liens of record upon the land that:

(1) The owner is ordered to abate, control, or remove the vegetation, garbage, refuse, or other debris, the
owner’s maintenance of which has been determined by the board to be a nuisance;

(2) If that vegetation, garbage, refuse, or other debris is not abated, controlled, or removed, or if provision
for its abatement, control, or removal is not made, within seven days, the board shall provide for the
abatement, control, or removal, and any expenses incurred by the board in performing that task shall be
entered upon the tax duplicate and become a lien upon the land from the date of entry.

The board shall send the notice to the owner of the land by certified mail if the owner is a resident of the
township or is a nonresident whose address is known, and by certified mail to lienholders of record;
alternatively, if the owner is a resident of the township or is a nonresident whose address is known, the
board may give notice to the owner by causing any of its agents or employees to post the notice on the
principal structure on the land and to photograph that posted notice with a camera capable of recording
the date of the photograph on it. If the owner’s address is unknown and cannot reasonably be obtained, it
is sufficient to publish the notice once in a newspaper of general circulation in the township. The owner
of the land or holders of liens of record upon the land may enter into an agreement with the board of
township trustees providing for either party to the agreement to perform the abatement, control, or
removal before the time the board is required to provide for the abatement, control, or removal under
division (C) of this section.

(C) If, within seven days after notice is given, the owner of the land fails to abate, control, or remove the
vegetation, garbage, refuse, or other debris, or no agreement for its abatement, control, or removal is
entered into under division (B) of this section, the board of township trustees shall provide for the
abatement, control, or removal and may employ the necessary labor, materials, and equipment to perform
the task. All expenses incurred , when approved by the board, shall be paid out of the township general
fund from moneys not otherwise appropriated, except that if the expenses incurred exceed five hundred
dollars, the board may borrow moneys from a financial institution to pay for the expenses in whole or in
part.

(D) The board of township trustees shall make a written report to the county auditor of the board’s action
under this section. The board shall include in the report a proper description of the premises and a
statement of all expenses incurred in providing for the abatement, control, or removal of any vegetation,
garbage, refuse, or other debris as provided in division (C) of this section, including the board’s charges
for its services, the costs incurred in providing notice, any fees or interest paid to borrow moneys, and the
amount paid for labor, materials, and equipment. The expenses incurred, when allowed, shall be entered
upon the tax duplicate, are a lien upon the land from the date of the entry, shall be collected as other taxes,
and shall be returned to the township and placed in the township general fund.

Effective Date: 03-31-2003; 2007 HB50 03-05-2008




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505.89 Curfew - violations.

(A) Whenever a board of township trustees considers it necessary to adopt a curfew for persons under
eighteen years of age in any of the unincorporated areas of the township, the board may adopt a resolution
setting forth the provisions of the curfew and declaring the necessity for it, together with a statement of
the reasons for the necessity, and providing for its enforcement within the unincorporated area of the
township.

(B) Any person under eighteen years of age who violates a curfew adopted under division (A) of this
section shall be charged as being an unruly child and taken before juvenile court as provided in Chapter
2151. of the Revised Code.

Effective Date: 03-09-1995

509.01 Designation of police constables.

(A) As used in this section, ―felony‖ has the same meaning as in section 109.511 of the Revised Code.

(B) Subject to division (C) of this section, the board of township trustees may designate any qualified
persons as police constables and may provide them with the automobiles, communication systems,
uniforms, and police equipment that the board considers necessary. Except as provided in division (C) of
this section, police constables designated under this division, who have been awarded a certificate
attesting to the satisfactory completion of an approved state, county, or municipal police basic training
program, as required by section 109.77 of the Revised Code, may be removed or suspended only under
the conditions and by the procedures in sections 505.491 to 505.495 of the Revised Code. Any other
police constable shall serve at the pleasure of the township trustees. In case of removal or suspension of a
police constable by the board of township trustees, that police constable may appeal the decision of the
board to the court of common pleas of the county to determine the sufficiency of the cause of removal or
suspension. The police constable shall take the appeal within ten days of written notice to the police
constable of the decision of the board. The board may pay each police constable, from the general funds
of the township, the compensation that the board by resolution prescribes for the time actually spent in
keeping the peace, protecting property, and performing duties as a police constable, including duties as an
ex officio deputy bailiff of a municipal court pursuant to section 1901.32 of the Revised Code and duties
as a ministerial officer of a county court. The police constable shall not be paid fees in addition to the
compensation allowed by the board for services rendered as a police constable, including services as an
ex officio deputy bailiff of a municipal court pursuant to section 1901.32 of the Revised Code and as a
ministerial officer of a county court. All constable fees provided for by section 509.15 of the Revised
Code, if due for services rendered while the police constable performing those services is being
compensated as a police constable for that performance, shall be paid into the general fund of the
township.

(C)(1) The board of township trustees shall not designate a person as a police constable pursuant to
division (B) of this section on a permanent basis, on a temporary basis, for a probationary term, or on
other than a permanent basis if the person previously has been convicted of or has pleaded guilty to a
felony.




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(2)(a) The board of township trustees shall terminate the employment of a police constable designated
under division (B) of this section if the police constable does either of the following:

(i) Pleads guilty to a felony;

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated plea agreement as provided in division (D) of
section 2929.43 of the Revised Code in which the police constable agrees to surrender the certificate
awarded to the police constable under section 109.77 of the Revised Code.

(b) The board shall suspend from employment a police constable designated under division (B) of this
section if the police constable is convicted, after trial, of a felony. If the police constable files an appeal
from that conviction and the conviction is upheld by the highest court to which the appeal is taken or if
the police constable does not file a timely appeal, the board shall terminate the employment of that police
constable. If the police constable files an appeal that results in that police constable’s acquittal of the
felony or conviction of a misdemeanor, or in the dismissal of the felony charge against the police
constable, the board shall reinstate that police constable. A police constable who is reinstated under
division (C)(2)(b) of this section shall not receive any back pay unless that police constable’s conviction
of the felony was reversed on appeal, or the felony charge was dismissed, because the court found
insufficient evidence to convict the police constable of the felony.

(3) Division (C) of this section does not apply regarding an offense that was committed prior to January 1,
1997.

(4) The suspension from employment, or the termination of the employment, of a police constable under
division (C)(2) of this section shall be in accordance with Chapter 119. of the Revised Code.

Effective Date: 01-01-2004

509.05 Powers and duties of police constables.

In addition to the county sheriff, constables shall be ministerial officers of the county court in all cases in
their respective townships, and in criminal cases, they shall be such officers within the county. They shall
apprehend and bring to justice felons and disturbers of the peace, suppress riots, and keep and preserve
the peace within the county. They may execute all writs and process, in criminal cases, throughout the
county in which they reside, and in which they were elected or appointed. If a person charged with the
commission of a crime or offense flees from justice, any constable of the county wherein such crime or
offense was committed shall pursue and arrest such fugitive in any other county of the state and convey
him before the county court of the county where such crime or offense was committed.

Such constables shall serve and execute all warrants, writs, precepts, executions, and other process
directed and delivered to them, and shall do all things pertaining to the office of constable.

The authority of a constable in serving any process, either civil or criminal, and in doing his duties
generally shall extend throughout the county in which he is appointed, and in executing and serving
process issued by a judge of the county court, he may exercise the same authority and powers over goods
and chattels, and the persons of parties, as is granted to a sheriff or coroner, under like process issued
from courts of record.



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A constable may participate, as the director of an organized crime task force established under section
177.02 of the Revised Code or as a member of the investigatory staff of such a task force, in an
investigation of organized criminal activity in any county or counties in this state under sections 177.01 to
177.03 of the Revised Code.

Effective Date: 09-03-1986

                                                Municipal

715.03 Powers by ordinance or resolution.

All municipal corporations have the general powers mentioned in sections 715.01 to 715.67, inclusive, of
the Revised Code, and the legislative authority of such municipal corporations may provide by ordinance
or resolution for the exercise and enforcement of such powers.



715.05 Police and fire departments.

All municipal corporations may organize and maintain police and fire departments, erect the necessary
buildings, and purchase and hold all implements and apparatus required therefor.

Effective Date: 10-01-1953

715.26 Regulating erection, inspection, and numbering of buildings.

Any municipal corporation may:

(A) Regulate the erection of buildings or other structures and the sanitary condition thereof, the repair of,
alteration in, and addition to buildings or other structures;

(B) Provide for the inspection of buildings or other structures and for the removal and repair of insecure,
unsafe, or structurally defective buildings or other structures under this section or section 715.261 of the
Revised Code. At least thirty days prior to the removal or repair of any insecure, unsafe, or structurally
defective building, the municipal corporation, or its agent pursuant to an agreement entered into under
division (E) of section 715.261 of the Revised Code, shall give notice by certified mail of its intention
with respect to such removal or repair to the holders of legal or equitable liens of record upon the real
property on which such building is located and to owners of record of such property. The owners of
record of such property or the holders of liens of record upon such property may enter into an agreement
with the municipal corporation, or a county land reutilization corporation organized under Chapter 1724.
of the Revised Code that is serving as the municipal corporation’s agent, to perform the removal or repair
of the insecure, unsafe, or structurally defective building. If an emergency exists, as determined by the
municipal corporation, notice may be given other than by certified mail and less than thirty days prior to
such removal or repair. If for any reason notice is not given, the lien provided for in section 715.261 of
the Revised Code as a result of such removal or repair is valid but shall be subordinate to any liens of
prior record. If notice is provided in accordance with this section, a lien under section 715.261 of the




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Revised Code for such removal or repair is effective on the date the municipal corporation or county land
reutilization corporation incurred expenses in such removal or repair.

(C) Require, regulate, and provide for the numbering and renumbering of buildings by the owners or
occupants thereof or at the expense of such municipal corporation;

(D) Provide for the construction, erection, operation of, and placing of elevators, stairways, and fire
escapes in and upon buildings;

(E) Contract for the services of an electrical safety inspector, as defined in section 3783.01 of the Revised
Code, to conduct inspections of electrical installations within the municipal corporation;

(F) Whenever a policy or policies of insurance are in force providing coverage against the peril of fire on
a building or structure and the loss agreed to between the named insured or insureds and the company or
companies is more than five thousand dollars and equals or exceeds sixty per cent of the aggregate limits
of liability on all fire policies covering the building or structure on the property, accept security payments
and follow the procedures of divisions (C) and (D) of section 3929.86 of the Revised Code.

Effective Date: 07-31-1980; 2008 SB353 04-07-2009

715.261 Recovering total cost of correcting hazardous condition of building or abating nuisance.

(A) As used in this section, ―total cost‖ means any costs incurred due to the use of employees, materials,
or equipment of the municipal corporation or its agent pursuant to division (E) of this section, any costs
arising out of contracts for labor, materials, or equipment, and costs of service of notice or publication
required under this section.

(B) A municipal corporation or its agent pursuant to division (E) of this section may collect the total cost
of removing, repairing, or securing insecure, unsafe, structurally defective, abandoned, deserted, or open
and vacant buildings or other structures, of making emergency corrections of hazardous conditions, or of
abating any nuisance by any of the following methods:

(1) The clerk of the legislative authority of the municipal corporation or its agent pursuant to division (E)
of this section may certify the total costs, together with a proper description of the lands, to the county
auditor who shall place the costs upon the tax list and duplicate. The costs are a lien upon such lands from
and after the date the costs were incurred. The costs shall be collected as other taxes and returned to the
municipal corporation or its agent pursuant to division (E) of this section, as directed by the clerk of the
legislative authority in the certification of the total costs or in an affidavit from the agent delivered to the
county auditor or county treasurer. The placement of the costs on the tax list and duplicate relates back to,
and is effective in priority, as of the date the costs were incurred, provided that the municipal corporation
or its agent pursuant to division (E) of this section certifies the total costs within one year from the date
the costs were incurred.

(2) The municipal corporation or its agent pursuant to division (E) of this section may commence a civil
action to recover the total costs from the owner.




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(C) This section applies to any action taken by a municipal corporation, or its agent pursuant to division
(E) of this section, pursuant to section 715.26 of the Revised Code or pursuant to Section 3 of
Article XVIII, Ohio Constitution.

(D) A municipal corporation or its agent pursuant to division (E) of this section shall not certify to the
county auditor for placement upon the tax list and duplicate the cost of any action that it takes under
division (B) of this section if the action is taken on land that has been forfeited to this state for delinquent
taxes, unless the owner of record redeems the land.

(E) A municipal corporation may enter into an agreement with a county land reutilization corporation
organized under Chapter 1724. of the Revised Code wherein the county land reutilization corporation
agrees to act as the agent of the municipal corporation in connection with removing, repairing, or securing
insecure, unsafe, structurally defective, abandoned, deserted, or open and vacant buildings or other
structures, making emergency corrections of hazardous conditions, or abating any nuisance, including
high weeds, overgrown brush, and trash and debris from vacant lots. The total costs of such actions may
be collected by the corporation pursuant to division (B) of this section, and shall be paid to the
corporation if it paid or incurred such costs and has not been reimbursed.

(F) In the case of the lien of a county land reutilization corporation that is the agent of a municipal
corporation, a notation shall be placed on the tax list and duplicate showing the amount of the lien
ascribed specifically to the agent’s total costs. The agent has standing to pursue a separate cause of action
for money damages to satisfy the lien or pursue a foreclosure action in a court of competent jurisdiction or
with the board of revision to enforce the lien without regard to occupancy. For purposes of a foreclosure
proceeding by the county treasurer for delinquent taxes, this division does not affect the lien priority as
between a county land reutilization corporation and the county treasurer, but the corporation’s lien is
superior to the lien of any other lienholder of the property. As to a direct action by a county land
reutilization corporation, the lien for the taxes, assessment, charges, costs, penalties, and interest on the
tax list and duplicate is in all cases superior to the lien of a county land reutilization corporation, whose
lien for total costs shall be next in priority as against all other interests, except as provided in division (G)
of this section.

(G) A county land reutilization corporation acting as an agent of a municipal corporation under an
agreement under this section may, with the county treasurer’s consent, petition the court or board of
revision with jurisdiction over an action undertaken under division (F) of this section pleading that the
lien of the corporation, as agent, for the total costs shall be superior to the lien for the taxes, assessments,
charges, costs, penalties, and interest. If the court or board of revision determines that the lien is for total
costs paid or incurred by the corporation as such an agent, and that subordinating the lien for such taxes
and other impositions to the lien of the corporation promotes the expeditious abatement of public
nuisances, the court or board may order the lien for the taxes and other impositions to be subordinate to
the corporation’s lien. The court or board may not subordinate the lien for taxes and other such
impositions to any other liens.

Effective Date: 09-10-1996; 2008 SB353 04-07-2009

715.37 Contagious diseases.

Any municipal corporation may:



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(A) Provide for the public health;

(B) Secure the inhabitants of the municipal corporation from the evils of contagious, malignant, and
infectious diseases;

(C) Purchase or lease property or buildings for pesthouses;

(D) Erect, maintain, and regulate pesthouses, hospitals, and infirmaries.

Effective Date: 10-01-1953

715.44 Power to abate nuisance and prevent injury.

A municipal corporation may:

(A) Abate any nuisance and prosecute in any court of competent jurisdiction, any person who creates,
continues, contributes to, or suffers such nuisance to exist;

(B) Regulate and prevent the emission of dense smoke, prohibit the careless or negligent emission of
dense smoke from locomotive engines, declare each of such acts a nuisance, and prescribe and enforce
regulations for the prevention of such acts;

(C) Prevent injury and annoyance from any nuisance;

(D) Regulate and prohibit the use of steam whistles;

(E) Provide for the regulation of the installation and inspection of steam boilers and steam boiler plants.

Effective Date: 10-01-1953

715.49 Preservation of peace and protection of property - noise ordinance.

(A) Any municipal corporation may prevent riot, gambling, noise and disturbance, and indecent and
disorderly conduct or assemblages, preserve the peace and good order, and protect the property of the
municipal corporation and its inhabitants.

(B) Anytime a noise ordinance of a municipal corporation is violated, but the source of the noise is
located outside the borders of that municipal corporation in an adjoining municipal corporation, the
municipal corporation with the ordinance may enforce the ordinance against that source as long as there is
a written agreement between the two municipal corporations permitting such enforcement.

Effective Date: 09-29-1994

717.01 Powers of municipal corporations.

Each municipal corporation may do any of the following:




                                                    108
(A) Acquire by purchase or condemnation real estate with or without buildings on it, and easements or
interests in real estate;

(B) Extend, enlarge, reconstruct, repair, equip, furnish, or improve a building or improvement that it is
authorized to acquire or construct;

(C) Erect a crematory or provide other means for disposing of garbage or refuse, and erect public comfort
stations;

 (F) Construct infirmaries, workhouses, prisons, police stations, houses of refuge and correction, market
houses, public halls, public offices, municipal garages, repair shops, storage houses, and warehouses;

(G) Construct or acquire waterworks for supplying water to the municipal corporation and its inhabitants
and extend the waterworks system outside of the municipal corporation limits;

(J) Construct sewers, sewage disposal works, flushing tunnels, drains, and ditches;

(O) Construct hospitals and pesthouses;

(P) Open, construct, widen, extend, improve, resurface, or change the line of any street or public highway;

(Q) Construct and improve levees, dams, waterways, waterfronts, and embankments and improve any
watercourse passing through the municipal corporation;

(R) Construct or improve viaducts, bridges, and culverts;

(S)(1) Construct any building necessary for the police or fire department;

(DD) Authorize the board of county commissioners, pursuant to a contract authorizing the action, to
contract on the municipal corporation’s behalf for the administration and enforcement within its
jurisdiction of the state building code by another county or another municipal corporation located within
or outside the county. The contract for administration and enforcement shall provide for obtaining
certification pursuant to division (E) of section 3781.10 of the Revised Code for the exercise of
administration and enforcement authority within the municipal corporation seeking those services and
shall specify which political subdivision is responsible for securing that certification.

723.01 Legislative authority to have care, supervision, and control of public roads, grounds and bridges.

Municipal corporations shall have special power to regulate the use of the streets. Except as provided in
section 5501.49 of the Revised Code, the legislative authority of a municipal corporation shall have the
care, supervision, and control of the public highways, streets, avenues, alleys, sidewalks, public grounds,
bridges, aqueducts, and viaducts within the municipal corporation. The liability or immunity from
liability of a municipal corporation for injury, death, or loss to person or property allegedly caused by a
failure to perform the responsibilities imposed by this section shall be determined pursuant to divisions
(A) and (B)(3) of section 2744.02 of the Revised Code.

Effective Date: 04-09-2003




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723.011 Control of sidewalks, curbs, and gutters.

The legislative authority of a municipal corporation, in addition to the powers conferred by sections
729.01 to 729.10, inclusive, of the Revised Code, may require, by ordinance, by the imposition of suitable
penalties or otherwise, that the owners and occupants of abutting lots and lands shall keep the sidewalks,
curbs, and gutters in repair and free from snow or any nuisance.

Effective Date: 01-01-1962

723.54 Inspection of bridges.

The legislative authority of a municipality shall designate a municipal official to have responsibility for
inspection of all or portions of bridges within such municipality, except for bridges on the state highway
system and the county highway system.

This section does not prohibit the municipality from inspecting any bridge within its limits.

Such inspection shall be made at least annually by a professional engineer or other qualified person under
the supervision of a professional engineer, or more frequently if required by the legislative authority, in
accordance with the manual of bridge inspection described in section 5501.47 of the Revised Code. The
legislative authority may contract for inspection services.

The municipal official responsible for inspection shall maintain an updated inventory record of all bridges
in the municipality and indicate on such inventory record who is responsible for inspection and
maintenance, and the authority for such responsibilities.

He shall report the condition of all bridges to the municipal legislative authority not later than sixty days
after his annual inspection, or shall report more frequently if required by the legislative authority. Any
bridge for which the municipality has inspection or maintenance responsibility which, at any time, is
found to be in a condition that is or may be a potential danger to life or property shall be identified in
reports, and if such official determines that the condition of such a bridge represents an immediate danger
he shall immediately report the condition to the legislative authority. With respect to those bridges where
there exists joint maintenance responsibility, the municipal official shall furnish a copy of his report to
each party responsible for a share of maintenance.

―Maintenance‖ as used in this section means actual performance of maintenance work.

731.01 Members of legislative authority.

(A) Except as provided in divisions (B) and (D) of this section, the legislative power of each city shall be
vested in, and exercised by, a legislative authority, composed of not fewer than seven members, four of
whom shall be elected by wards and three of whom shall be elected by electors of the city at large. For the
first twenty thousand inhabitants in any city, in addition to the original five thousand, there shall be two
additional members of such legislative authority, elected by wards, and for every fifteen thousand
inhabitants thereafter there shall be one additional member similarly elected. The total number of
members of such legislative authority shall not exceed seventeen.




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731.05 Powers of legislative authority.

The powers of the legislative authority of a city shall be legislative only, it shall perform no
administrative duties, and it shall neither appoint nor confirm any officer or employee in the city
government except those of its own body, unless otherwise provided in Title VII [7] of the Revised Code.
All contracts requiring the authority of the legislative authority for their execution shall be entered into
and conducted to performance by the board or officers having charge of the matters to which they relate.
After the authority to make such contracts has been given and the necessary appropriation made, the
legislative authority shall take no further action thereon.

731.47 General powers.

The legislative authority shall have the management and control of the finances and property of the
municipal corporation, except as otherwise provided.

733.03 General powers of mayor in cities - merger of certain departments.

The mayor shall be the chief conservator of peace within the city. He may appoint and remove the
director of public service, the director of public safety, and the heads of the subdepartments of public
service and public safety, and shall have such other powers and perform such other duties as are conferred
and required by law.

733.24 Mayor of village - election - term - qualifications - powers - duties.

The mayor of a village shall be elected for a term of four years, commencing on the first day of January
next after his election. He shall be an elector of the village and shall have resided in the village for at least
one year immediately preceding his election. Such mayor shall be the chief conservator of the peace
therein and shall have the powers and duties provided by law. He shall be the president of the legislative
authority and shall preside at all regular and special meetings thereof, but shall have no vote except in
case of a tie.

735.051 Emergency conditions obviate formal bidding and advertising for contracts.

In the case of a real and present emergency arising in connection with the operation and maintenance of
the department of public service, including all municipally owned utilities, the department of public
safety, or any other department, division, commission, bureau, or board of the municipality, the legislative
authority of the municipality may by a two-thirds vote of all the members elected thereto, authorize the
director of public service, director of public safety, city manager, board of public affairs, or other duly
authorized contracting officer, commission, board, or authority, to enter into a contract for work to be
done or for the purchase of supplies or materials without formal bidding and advertising.

735.273 Village administrator powers and duties.

The village administrator appointed under section 735.271 of the Revised Code shall manage, conduct,
and control the water works, electric light plants, artificial or natural gas plants, or other similar public
utilities, furnish supplies of water, electricity, or gas, and collect all water, electric, and gas rents.

The village administrator may make such bylaws and regulations as it deems necessary for the safe,
economical, and efficient management and protection of such works, plants, and public utilities. Such



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bylaws and regulations, when not repugnant to municipal ordinances and resolutions or to the constitution
of this state, shall have the same validity as ordinances.

The village administrator shall have the same powers and perform the same duties as are provided in
sections 743.05 to 743.07, inclusive, 743.10, 743.11, 743.18, and 743.24 of the Revised Code, and all
powers and duties relating to water works in any of such sections shall extend to and include electric
light, power, and gas plants, and other similar public utilities.

The village administrator shall supervise the improvement and repair of streets, avenues, alleys, lands,
lanes, squares, landings, market houses, bridges, viaducts, sidewalks, sewers, drains, ditches, culverts,
ship channels, streams, and water courses as well as the lighting, sprinkling, and cleaning of all streets,
alleys, and public buildings and places.

The village administrator shall appoint officers, employees, agents, clerks, and assistants, provided such
positions are first authorized by the legislative authority of the village; but such appointments shall be
subject to approval by the mayor. Such appointments and the mayor’s approval thereof shall be in writing,
and shall be filed with the village clerk.

The village administrator shall be under the general supervision and control of the mayor, and shall have
such other powers and duties as are prescribed by ordinance or by law and which are not inconsistent
herewith. The village administrator shall perform all duties and shall have all powers of boards of public
affairs and street commissioners as prescribed by law, except as otherwise provided by this section and in
sections 735.271 and 735.272 of the Revised Code.

735.31 Street commissioner - appointment - qualifications.

Except in villages that have provided for the appointment of a village administrator under section 735.271
of the Revised Code, a street commissioner shall be appointed by the mayor of a municipal corporation
and confirmed by the legislative authority thereof for a term of one year. He need not be a resident of the
municipal corporation at the time of his appointment but shall become a resident thereof within six
months after his appointment and confirmation unless such residence requirement is waived by ordinance.
Vacancies in the office of street commissioner shall be filled by the mayor for the unexpired term.

The appointment of a street commissioner shall include a probationary period of six months. If an
appointment is made for an unexpired term, and if the same village street commissioner is reappointed at
the end of that term, the probationary period shall continue into his next term. No appointment is final
until the appointee has satisfactorily completed his probationary period. If the service of the appointee is
unsatisfactory during the probationary period, he may be removed by the mayor of the village and the
reasons for the removal shall be communicated to the legislative authority of the village. If a person is
appointed to successive terms as street commissioner, he shall serve only one six-month probationary
period during those successive terms.

In any village the marshal shall be eligible to appointment as street commissioner.

Effective Date: 09-10-1987

735.32 General duties.

Under the direction of the mayor or other chief executive officer of a municipal corporation, the street
commissioner, or an engineer, when one is provided by the legislative authority, shall supervise the


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improvement and repair of streets, avenues, alleys, lands, lanes, squares, wards, landings, market houses,
bridges, viaducts, sidewalks, sewers, drains, ditches, culverts, ship channels, streams, and watercourses.
Such commissioner or engineer shall also supervise the lighting, sprinkling, and cleaning of all public
places, and shall perform such other duties, consistent with the nature of his office, as the mayor or other
chief executive officer requires.

737.01 Director of public safety.

In each city there shall be a department of public safety, which shall be administered by a director of
public safety. The director shall be appointed by the mayor and need not be a resident of the city at the
time of his appointment but shall become a resident thereof within six months after his appointment
unless such residence requirement is waived by ordinance.

Effective Date: 10-02-1969

737.02 General duties - records - contracts.

Under the direction of the mayor, the director of public safety shall be the executive head of the police
and fire departments and the chief administrative authority of the charity, correction, and building
departments. He shall have all powers and duties connected with and incident to the appointment,
regulation, and government of such departments except as otherwise provided by law. He shall keep a
record of his proceedings, a copy of which, certified by him, shall be competent evidence in all courts.

Such director shall make all contracts in the name of the city with reference to the management of such
departments, for the erection or repair of all buildings or improvements in connection therewith, and for
the purchase of all supplies necessary for such departments.

737.03 Management of certain institutions - contracts and expenditures.

The director of public safety shall manage and make all contracts with reference to police stations, fire
houses, reform schools, infirmaries, hospitals other than municipal hospitals operated pursuant to Chapter
749. of the Revised Code, workhouses, farms, pesthouses, and all other charitable and reformatory
institutions. In the control and supervision of those institutions, the director shall be governed by the
provisions of Title VII of the Revised Code relating to those institutions.

The director may make all contracts and expenditures of money for acquiring lands for the erection or
repairing of station houses, police stations, fire department buildings, fire cisterns, and plugs, that are
required, for the purchase of engines, apparatus, and all other supplies necessary for the police and fire
departments, and for other undertakings and departments under the director’s supervision, but no
obligation involving an expenditure of more than twenty-five thousand dollars shall be created unless first
authorized and directed by ordinance. In making, altering, or modifying those contracts, the director shall
be governed by sections 735.05 to 735.09 of the Revised Code, except that all bids shall be filed with and
opened by the director. The director shall make no sale or disposition of any property belonging to the
city without first being authorized by resolution or ordinance of the city legislative authority.

737.05 Composition and control of police department.

The police department of each city shall be composed of a chief of police and such other officers,
patrolmen, and employees as the legislative authority thereof provides by ordinance.



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The director of public safety of such city shall have the exclusive management and control of all other
officers, surgeons, secretaries, clerks, and employees in the police department as provided by ordinances
or resolution of such legislative authority. He may commission private policemen, who may not be in the
classified list of the department, under such rules and regulations as the legislative authority prescribes.

737.06 Chief of police.

The chief of police shall have exclusive control of the stationing and transfer of all patrolmen, auxiliary
police officers, and other officers and employees in the police department, and police auxiliary unit, under
such general rules and regulations as the director of public safety prescribes.

737.08 Composition and control of city fire department.

(A) The fire department of each city shall be composed of a chief of the fire department and other
officers, firefighters, and employees provided for by ordinance. Neither this section nor any other section
of the Revised Code requires, or shall be construed to require, that the fire chief be a resident of the city.

737.09 Chief of fire department.

The chief of the fire department shall have exclusive control of the stationing and transferring of all
firemen and other officers and employees in the department, under such general rules and regulations as
the director of public safety prescribes.

737.10 Additional patrolmen and firemen in emergency situation.

In case of riot or other like emergency, the mayor may appoint additional patrolmen and officers for
temporary service in the police department, or additional firemen and officers for temporary service in the
fire department, who need not be in the classified list of such department. Such additional persons shall be
employed only for the time during which the emergency exists.

The mayor may call upon the sheriff of the county in which all or part of the municipal corporation lies or
the sheriff of any adjoining county, the mayor or other chief executive of any municipal corporation in the
same or any adjoining county, and the chairman of the board of township trustees of any township in the
same or any adjoining county, to furnish such law enforcement or fire protection personnel, or both,
together with appropriate equipment and apparatus, as may be necessary to preserve the public peace and
protect persons and property in the requesting municipal corporation in the event of riot. Such aid shall be
furnished to the mayor requesting it, insofar as possible without withdrawing from the political
subdivision furnishing such aid the minimum police and fire protection appearing necessary under the
circumstances. In such case, law enforcement and fire protection personnel acting outside the territory of
their regular employment shall be considered as performing services within the territory of their regular
employment for purposes of compensation, pension or indemnity fund rights, workers’ compensation, and
other rights or benefits to which they may be entitled as incidents of their regular employment. The
municipal corporation receiving such aid shall reimburse the political subdivision furnishing it the cost of
furnishing such aid, including compensation of personnel, expenses incurred by reason of the injury or
death of any such personnel while rendering such aid, expenses of furnishing equipment and apparatus,
compensation for damage to or loss of equipment or apparatus while in service outside the territory of its
regular use, and such other reasonable expenses as may be incurred by any such political subdivision in
furnishing such aid. Nothing in this section shall be construed as superseding or modifying in any way
any provision of a contract entered into pursuant to section 737.04 of the Revised Code. Law enforcement



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officers acting pursuant to this section outside the territory of their regular employment have the same
authority to enforce the law as when acting within the territory of their regular employment.

Effective Date: 01-17-1977

737.11 General duties of police and fire departments.

The police force of a municipal corporation shall preserve the peace, protect persons and property, and
obey and enforce all ordinances of the legislative authority of the municipal corporation, all criminal laws
of the state and the United States, all court orders issued and consent agreements approved pursuant to
sections 2919.26 and 3113.31 of the Revised Code, all protection orders issued pursuant to section
2903.213 or 2903.214 of the Revised Code, and protection orders issued by courts of another state, as
defined in section 2919.27 of the Revised Code. The fire department shall protect the lives and property
of the people in case of fire. Both the police and fire departments shall perform any other duties that are
provided by ordinance. The police and fire departments in every city shall be maintained under the civil
service system.

A chief or officer of a police force of a municipal corporation may participate, as the director of an
organized crime task force established under section 177.02 of the Revised Code or as a member of the
investigatory staff of such a task force, in an investigation of organized criminal activity in any county or
counties in this state under sections 177.01 to 177.03 of the Revised Code.

737.18 General powers of village police officers.

The marshal shall be the peace officer of a village and the executive head, under the mayor, of the police
force. The marshal, and the deputy marshals, policemen, or night watchmen under him shall have the
powers conferred by law upon police officers in all villages of the state, and such other powers, not
inconsistent with the nature of their offices, as are conferred by ordinance.

A marshal, deputy marshal, or police officer of a village may participate, as the director of an organized
crime task force established under section 177.02 of the Revised Code or as a member of the investigatory
staff of such a task force, in an investigation of organized criminal activity in any county or counties in
this state under sections 177.01 to 177.03 of the Revised Code.

Effective Date: 09-03-1986

737.19 Powers and duties of village marshal.

(A) The marshal of a village has exclusive authority over the stationing and transfer of all deputies,
officers, and employees within the police department of the village, under the general rules that the mayor
prescribes.

(B) Except as provided in section 737.162 of the Revised Code, the marshal of a village has the exclusive
right to suspend any of the deputies, officers, or employees in the village police department who are under
the management and control of the marshal for incompetence, gross neglect of duty, gross immorality,
habitual drunkenness, failure to obey orders given them by the proper authority, or for any other
reasonable or just cause.




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If an employee is suspended under this section, the marshal immediately shall certify this fact in writing,
together with the cause for the suspension, to the mayor of the village and immediately shall serve a true
copy of the charges upon the person against whom they are made. Within five days after receiving this
certification, the mayor shall inquire into the cause of the suspension and shall render a judgment on it. If
the mayor sustains the charges, the judgment of the mayor may be for the person’s suspension, reduction
in rank, or removal from the department.

Suspensions of more than three days, reduction in rank, or removal from the department under this section
may be appealed to the legislative authority of the village within five days from the date of the mayor’s
judgment. The legislative authority shall hear the appeal at its next regularly scheduled meeting. The
person against whom the judgment has been rendered may appear in person and by counsel at the hearing,
examine all witnesses, and answer all charges against that person.

At the conclusion of the hearing, the legislative authority may dismiss the charges, uphold the mayor’s
judgment, or modify the judgment to one of suspension for not more than sixty days, reduction in rank, or
removal from the department.

Action of the legislative authority removing or suspending the accused from the department requires the
affirmative vote of two-thirds of all members elected to it.

In the case of removal from the department, the person so removed may appeal on questions of law and
fact the decision of the legislative authority to the court of common pleas of the county in which the
village is situated. The person shall take the appeal within ten days from the date of the finding of the
legislative authority.

(C) The marshal of a village shall suppress all riots, disturbances, and breaches of the peace, and to that
end may call upon the citizens to aid the marshal. The marshal shall arrest all disorderly persons in the
village and pursue and arrest any person fleeing from justice in any part of the state. The marshal shall
arrest any person in the act of committing an offense against the laws of the state or the ordinances of the
village and forthwith bring that person before the mayor or other competent authority for examination or
trial. The marshal shall receive and execute proper authority for the arrest and detention of criminals
fleeing or escaping from other places or states.

In the discharge of the marshal’s duties, the marshal shall have the powers and be subject to the
responsibilities of constables, and, for services performed by the marshal or the marshal’s deputies, the
same fees and expenses shall be taxed as are allowed constables.

737.37 Power of legislative authority to regulate.

The legislative authority of a municipal corporation may make such regulations pertaining to public
buildings as it considers necessary for the public safety.




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City Manager Plan

705.55 Powers exercised by council.

The powers conferred upon municipal corporations by the Ohio Constitution and any additional powers
conferred upon municipal corporations by the general assembly, shall be exercised by the council, unless
the exercise of such powers is expressly conferred upon some other authority of the municipal corporation
or reserved to the people thereof. In municipal corporations in which a municipal court is not provided by
law, each councilman may perform all of the general duties of mayors, as provided in section 733.30 of
the Revised Code, and shall have such jurisdiction as is provided by section 1905.20 of the Revised Code.
The member of council elected chairman shall perform all judicial functions.

Effective Date: 01-01-1976

City Manager Plan

705.77 Executive power.

The executive power of a municipal corporation organized under sections 705.71 to 705.86, inclusive, of
the Revised Code, shall be vested in the mayor, the heads of the departments of the municipal
corporation, and such other executive officers as are provided for in such sections or as provided for by
ordinance.

Effective Date: 10-01-1953

705.82 Director of public service - duties.

The department of public service shall be under the supervision of a director who shall be appointed by
the mayor. Such director shall be responsible for the care, management, construction, and improvement
of:

(A) All utilities owned or operated by the municipal corporation;

(B) All public ways, grounds, cemeteries, buildings, sewers, and structures of every kind, except
buildings and structures used in connection with the work to be performed under the direction of the
director of public safety as provided by section 705.83 of the Revised Code;

(C) The making and preserving of survey maps, plans, drawings, and estimates relating to the public work
under the supervision of the department;

(D) All matters in any way relative to or affecting the highways, footways, waterways, harbors, wharves,
and docks within the municipal corporation. Such director shall exercise the powers formerly vested in
the trustee of waterworks, park commissions, platting commissions, street commissions, city engineers, or
other board of officers relating to the work committed to the care and management of the director of
public service by this section.

Effective Date: 10-01-1953


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705.83 Director of public safety - duties.

The department of public safety shall be under the supervision of a director who shall be appointed by the
mayor. The director shall have charge of the police, fire, health, charities, corrections, and building
inspection of the municipal corporation. All powers and authority over such police, fire, health, charities,
corrections, and building inspection are vested in the director. The director shall have charge of the
administration of all infirmaries, and all charitable, correctional, and penal institutions. He shall make
such rules as are necessary and proper, consistent with the minimum standards for jails in Ohio
promulgated by the department of rehabilitation and correction, for the employment, discipline,
instructions, education, reformation, and for the conditional release and return of all prisoners confined in
any penal institution under his control.

Effective Date: 07-06-1982

                                                  General

9.15 Burial or cremation of body at expense of township or municipal corporation.

When the body of a dead person is found in a township or municipal corporation, and such person was
not an inmate of a correctional, benevolent, or charitable institution of this state, and the body is not
claimed by any person for private interment or cremation at the person’s own expense, or delivered for
the purpose of medical or surgical study or dissection in accordance with section 1713.34 of the Revised
Code, it shall be disposed of as follows:

(A) If the person was a legal resident of the county, the proper officers of the township or municipal
corporation in which the person’s body was found shall cause it to be buried or cremated at the expense of
the township or municipal corporation in which the person had a legal residence at the time of death.

(B) If the person had a legal residence in any other county of the state at the time of death, the
superintendent of the county home of the county in which such body was found shall cause it to be buried
or cremated at the expense of the township or municipal corporation in which the person had a legal
residence at the time of death.

(C) If the person was an inmate of a correctional institution of the county or a patient or resident of a
benevolent institution of the county, the person had no legal residence in the state, or the person’s legal
residence is unknown, the superintendent shall cause the person to be buried or cremated at the expense of
the county.

Such officials shall provide, at the grave of the person or, if the person’s cremated remains are buried, at
the grave of the person’s cremated remains, a stone or concrete marker on which the person’s name and
age, if known, and date of death shall be inscribed.

A political subdivision is not relieved of its duty to bury or cremate a person at its expense under this
section when the body is claimed by an indigent person.

Effective Date: 2007 HB119 09-29-2007



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9.23 Disbursements by government entities definitions.

As used in sections 9.23 to 9.239 of the Revised Code:

(A) ―Allocable nondirect costs‖ means the amount of nondirect costs allocated as a result of actual
expenditures on direct costs. ―Allocable nondirect costs‖ shall be calculated as follows: direct costs
actually incurred for the provision of services pursuant to a contract entered into under section 9.231 of
the Revised Code divided by the minimum percentage of money that is to be expended on the recipient’s
direct costs, as specified in the contract, minus the direct costs actually incurred.

(B) ―Contract payment earned‖ means payment pursuant to a contract entered into under section 9.231 of
the Revised Code for direct costs actually incurred in performing the contract, up to the minimum
percentage of money that is to be expended on the recipient’s direct costs, as specified in the contract,
plus allocable nondirect costs associated with those direct costs.

(C) ―Direct costs‖ means the costs of providing services that directly benefit a patient, client, or the public
and that are set forth in the contract entered into under section 9.231 of the Revised Code. ―Direct costs‖
does not include the costs of any financial review or audit required under section 9.234 of the Revised
Code.

(D)(1) ―Governmental entity‖ means a state agency or a political subdivision of the state.

(2) ―Contracting authority‖ of a governmental entity means the director or chief executive officer, in the
case of a state agency, or the legislative authority, in the case of a political subdivision.

(E) ―Minimum percentage of money that is to be expended on the recipient’s direct costs‖ means the
percentage of the total amount of the contract entered into under section 9.231 of the Revised Code that,
at a minimum, has to be expended on the recipient’s direct costs in performing the contract in order for
the recipient to earn the total amount of the contract.

(F) ―Political subdivision‖ means a county, township, municipal corporation, or any other body corporate
and politic that is responsible for government activities in a geographic area smaller than that of the state.

(G) ―Recipient‖ means a person that enters into a contract with a governmental entity under section 9.231
of the Revised Code.

(H) ―State agency‖ means any organized body, office, agency, institution, or other entity established by
the laws of the state for the exercise of any function of state government.

(I) A judgment is ―uncollectible‖ if, at least ninety days after the judgment is obtained, the full amount of
the judgment has not been collected and either a settlement agreement between the governmental entity
and the recipient has not been entered into or a settlement agreement has been entered into but has not
been materially complied with.

Effective Date: 09-29-2005




                                                     119
9.231 Disbursements over $25,000 - contract required - exceptions.

(A)(1) Subject to divisions (A)(2) and (3) of this section, a governmental entity shall not disburse money
totaling twenty-five thousand dollars or more to any person for the provision of services for the primary
benefit of individuals or the public and not for the primary benefit of a governmental entity or the
employees of a governmental entity, unless the contracting authority of the governmental entity first
enters into a written contract with the person that is signed by the person or by an officer or agent of the
person authorized to legally bind the person and that embodies all of the requirements and conditions set
forth in sections 9.23 to 9.236 of the Revised Code. If the disbursement of money occurs over the course
of a governmental entity’s fiscal year, rather than in a lump sum, the contracting authority of the
governmental entity shall enter into the written contract with the person at the point during the
governmental entity’s fiscal year that at least seventy-five thousand dollars has been disbursed by the
governmental entity to the person. Thereafter, the contracting authority of the governmental entity shall
enter into the written contract with the person at the beginning of the governmental entity’s fiscal year, if,
during the immediately preceding fiscal year, the governmental entity disbursed to that person an
aggregate amount totaling at least seventy-five thousand dollars.

(2) If the money referred to in division (A)(1) of this section is disbursed by or through more than one
state agency to the person for the provision of services to the same population, the contracting authorities
of those agencies shall determine which one of them will enter into the written contract with the person.

(3) The requirements and conditions set forth in divisions (A), (B), (C), and (F) of section 9.232, divisions
(A)(1) and (2) and (B) of section 9.234, divisions (A)(2) and (B) of section 9.235, and sections 9.233 and
9.236 of the Revised Code do not apply with respect to the following:

(a) Contracts to which all of the following apply:

(i) The amount received for the services is a set fee for each time the services are provided, is determined
in accordance with a fixed rate per unit of time or per service, or is a capitated rate, and the fee or rate is
established by competitive bidding or by a market rate survey of similar services provided in a defined
market area. The market rate survey may be one conducted by or on behalf of the governmental entity or
an independent survey accepted by the governmental entity as statistically valid and reliable.

(ii) The services are provided in accordance with standards established by state or federal law, or by rules
or regulations adopted thereunder, for their delivery, which standards are enforced by the federal
government, a governmental entity, or an accrediting organization recognized by the federal government
or a governmental entity.

(iii) Payment for the services is made after the services are delivered and upon submission to the
governmental entity of an invoice or other claim for payment as required by any applicable local, state, or
federal law or, if no such law applies, by the terms of the contract.

(b) Contracts under which the services are reimbursed through or in a manner consistent with a federal
program that meets all of the following requirements:




                                                     120
(i) The program calculates the reimbursement rate on the basis of the previous year’s experience or in
accordance with an alternative method set forth in rules adopted by the Ohio department of job and family
services.

(ii) The reimbursement rate is derived from a breakdown of direct and indirect costs.

(iii) The program’s guidelines describe types of expenditures that are allowable and not allowable under
the program and delineate which costs are acceptable as direct costs for purposes of calculating the
reimbursement rate.

(iv) The program includes a uniform cost reporting system with specific audit requirements.

(c) Contracts under which the services are reimbursed through or in a manner consistent with a federal
program that calculates the reimbursement rate on a fee for service basis in compliance with United States
office of management and budget Circular A-87, as revised May 10, 2004.

(d) Contracts for services that are paid pursuant to the earmarking of an appropriation made by the
general assembly for that purpose.

(B) Division (A) of this section does not apply if the money is disbursed to a person pursuant to a contract
with the United States or a governmental entity under any of the following circumstances:

(1) The person receives the money directly or indirectly from the United States, and no governmental
entity exercises any oversight or control over the use of the money.

(3) The person receives the money solely in return for the performance of services intended to help
preserve public health or safety under circumstances requiring immediate action as a result of a natural or
man-made emergency.

(C) With respect to a nonprofit association, corporation, or organization established for the purpose of
providing educational, technical, consulting, training, financial, or other services to its members in
exchange for membership dues and other fees, any of the services provided to a member that is a
governmental entity shall, for purposes of this section, be considered services ―for the primary benefit of a
governmental entity or the employees of a governmental entity.

Effective Date: 09-29-2005; 2008 HB562 09-22-2008

                                                    Fire
See also township, municipality


                                                    Law
See also Sheriff, township, and municipality


AG OPINIONS CAN BE FOUND IN THE “LEGAL” FILE ON THE HOME PAGE ON
THE EMAO WEBSITE AT: http://www.emaohio.org/


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