HomeMy WebLinkAboutPO 5607: PUBLIC EVACUATIONS To: Stephen B. Fitzgibbons, City Manager
From: Harvey L. Robinson, Assistant City Manager ~
Date: May 16, 2006
Re: P.O. Ordinance No. 5607, which is a new ordinance to address
evacuations and City Employees
RECOMMENDATION:
I recommend adoption of P. O. No. 5607 which adds a new section (78-
54) to the City's Code of Ordinances to be titled General Public
Evacuations. The new section is intended to comply with Chapter 22 of
the Texas La[~ Code, which prohibits dJ~:harging or discriminating
against any employee who leaves hi~ or her place of employment to
participate in a general public evacuation unless ceCmin provisions and
declarations ate made.
The Proposed Ordinance puts in place the requirements necessary to
discipline an employee who fails to comply with reporting directives in the
event of a potential disaster. Also, as proposed it becomes a part of the
City's Personal Policy, a copy of which is provided to all City Employees.
BUDGETARY/FISCAL EFFECT:
None
STAFFING/EMPLOYEg~ IMPACT
Unknown
"Remember we are here to serve &e citizens of Port A~,r-
P. O. 5607
May n, 2006-CMM
ORDINANCE #
AN ORDINANCE AMENDING CHAPTER 78 (PERSONNEL) OF THE
CODE OF ORDINANCES, CITY OF PORT ARTHUR, TEXAS; SAID
AMENDMENT PROVIDES FOR THE ADDITION OF A NEW SECTION
TO BE NUMBERED 78-54 (GENERAL PUBLIC EVACUATIONS).
Whereas, Chapter 22 (Section 22.002) of the Texas labor Code prohibits
employers fi.om discharging or discriminating against any employee who
leaves his or her place of employment to participate in a general public
evacuation; and
Whereas, Section 22.004 provides an exception for individuals employed as
emergency personnel if the employer:
a. Provides adequate emergency shelter for those individuals, and
b. Determines that the employees are necessary to provide for the safety
and well-being of the general public or for restoration of vital
services.
Whereas, the only way that cities can be prepared to minimize damage fi.om
storms and other disasters is to have available the employees who know how
to restore utility service, maintain public safety, protect property, and
coordinate the delivery of essential services; and
Whereas, each City facing a disaster must have all of its employees on duty
or on standby ready to respond; and
Whereas, evacuated employees can result in an inadequate response to a
disaster.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. That, the facts and opinions in the preamble are true and correct.
Section 2. That, Chapter 78 (Personnel) of the Code of Ordina,ces, City of
Port Arthur, Texas, be amended by the addition of a new section to be
numbered 78-54 (General Public Evacuations), and shall read as follows:
Sec. 78-54. General Public Evac,,ation
P. O. ~o?
May 11, 2006.CMM
(a) Evacuated employees can result in a~ inade/l~te resl)onse to a
d/saster. The only way the City can be prepared to minim/ze damage
from storm~ and other disasters is to have available employees who
know how to restore utility service, maintain public safety, protect
property, and coordinate the delivery of other such essential services.
Therefore, all City employees are deemed essential to carry out these
tasks and must be available for assignment during and after the
emergency to provide safety and restore vita[ services.
(1) The City Man~ger or his designee(s) shall determine those City
employees crucial to City operations in the event of a potential
disaster or other emergency and designate said employees
as "emergency services personnel'; depending on the nature of
sa/d event. Employees so designated will be required to
remain on the job.
(2) The City shall ensure that adequate emergency shelter is
provided for employees who are designated as emergency
services personnel and therefore prohibited fi'om evacuating.
(3) The City Manager or his designee(s) shall assign all employees
to '
work stat~ous that will be protected during the disaster.
(4) The City Manager or his designee(s) shall set up reporting
options for employees reporting in to receive assignments at
predetermined times and locations.
(5) It shall be the employee's responsibility to pre-plan the
safeguarding or relocation of family before the employee is
required to report for duty.
Co) The City shall establish communication as soon as possible. Once
telephone communication is established, it shall be the employees
responsibility to establish contact to receive relevant informotion
regarding reporting for duty.
(c) Employees shall be required to report for duty within 24 hours of
notification unless directed otherwise. Depatiment heads may grant
up to a twelve (12) hour extension for good cause.
(d) Employees who fail to report for duty as directed shall be subject to
disciplinary action, up to and including termination.
Section 3. That, any section of the code in conflict herewith shall be, and is
hereby repealed, but only to the extent of such conflict.
P. O..5607
Section 4. That, this Ordinance shall not restrict or limit the powem and
duties of the Mayor, or in his absence the Mayor Pro-Tern, during a State of
Emergency as provided by Section 15 of Article II of the City Charter.
Section 5. That, the above provisions are to be inserted in the affected Code
of Ordinances, City of Port Arthur, Texas, in the sequence required by their
designation.
Section 6. That, the City of Port Arthur Personnel Policy shall be, and is
hereby, amended in accordance with the amendment to the City of Port
Arthur Code of Ordinances shown herein and sa/d amendment shall be
delineated in the referenced Personnel Policy as Section 17-158.
Section 7. This being an Ordinance not requiring publication, it shall be
effective immediately after its passage.
READ, ADOPTED AND APPROVED on this day of
A.D., 2006, at a Regular Meeting of the City Council of the City of Por~
Arthur, Texas, by the following vote: AYES Mayor
NOES:
ATTEST: Oscar G. Ortiz, M~ayor
Evangeline Green, City Secretary
APPROVED AS TO FOI~M: APPROVED FOR ADMINISTRATION:
Mark Sokolow, City Attorney Stephen B. Fitzgibbons, City Manager