81-829.46. Local government; Governor; powers; duties; performance of functions.

(1) The elected officers of local governments shall be responsible for ensuring that emergency management services are provided to their citizens and for coordinating emergency operations in their respective jurisdictions.

(2) Each local government shall be within the jurisdiction of and served by the Nebraska Emergency Management Agency and shall participate in a city, village, county, or interjurisdictional emergency management organization. Each county or interjurisdictional emergency management organization shall cooperate with and perform emergency management functions for the local governments located within the organization's boundaries but shall not have responsibility for emergency management services within a city or village having its own emergency management organization. Each city or village may maintain a city or village emergency management organization which, if formed, shall be the primary organization for emergency management serving that city or village. Any county or interjurisdictional emergency management organization may assist in emergency management functions for that city or village if approved by the city or village emergency management organization. Each county may maintain a county emergency management organization which shall be the primary organization for emergency management for that county. Any city, village, or interjurisdictional emergency management organization may assist in emergency management functions for that county if approved by the county emergency management organization.

(3) Each city, village, county, or interjurisdictional emergency management organization, if formed, shall have either (a) a full-time director or (b) a full-time deputy director and such additional personnel as may be needed, appointed in accordance with the agreement establishing the organization. Such director shall have direct responsibility for the organization, administration, and operation of such emergency management organization subject to the direction and control of the principal executive officer for the local government or in accordance with such agreement. A person may serve as a director for more than one emergency management organization serving an area.

(4) The Governor may determine that some cities need emergency management organizations of their own. The Governor shall, after making such determination, require that such emergency management organizations be established and maintained by issuing a directive in the form of a rule or regulation. The Governor shall make the determination on the basis of a city's vulnerability and capability of response related to population size and concentration. The Nebraska Emergency Management Agency shall publish and keep current a list of cities required to have an emergency management organization.

(5) Any provision of the Emergency Management Act or other law to the contrary notwithstanding, the Governor may require a local government to establish and maintain an emergency management organization jointly with one or more contiguous local governments if he or she finds that the establishment and maintenance of or participation in such an organization is made necessary by circumstances or conditions that make it unusually difficult to provide disaster prevention, preparedness, response, or recovery services or emergency management functions under other provisions of the act. Such interjurisdictional organizations shall be organized generally in accord with the Interlocal Cooperation Act and the planning and development regions created in section 13-1901.

(6) City, village, county, or interjurisdictional emergency management directors or coordinators or their assistants or deputies, who are required by the Emergency Management Act or rules and regulations of the Governor to devote full time to their duties, shall be qualified and certified in accord with criteria established for the state by the Nebraska Emergency Management Agency. Such directors or coordinators shall be paid for their services in an amount comparable to other officers of local governments.

(7) Each local government shall have a liaison officer designated to facilitate cooperation with emergency management organizations and to ensure that emergency management services are provided to the citizens of that local government. The liaison officers of local governments and the directors of the emergency management organizations shall communicate frequently to facilitate joint emergency preparedness efforts. For local governments which maintain an emergency management organization, the director or coordinator may serve as the liaison officer.

(8) The principal executive officer of each local government of the state shall notify the Nebraska Emergency Management Agency of the manner in which the local government is providing or securing emergency management services, identify the person who heads the entity from which the service is obtained, and furnish such additional information as the agency requires.

(9) Each city, village, county, or interjurisdictional emergency management organization shall prepare and keep current a city, village, county, or interjurisdictional emergency operations plan for its jurisdiction. Such plans shall be in conformance with the requirements established in the act.

(10) Each city, village, county, or interjurisdictional emergency management organization shall prepare, keep current, and distribute to all appropriate officials in written form a clear and complete statement of the disaster and emergency management responsibilities of all local entities and officials and of the emergency response chain of command.

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Annotations

It is a reasonable construction of the joint resolution authorized by this section that either of the parties may discharge employees. Heinzman v. County of Hall, 213 Neb. 268, 328 N.W.2d 764 (1983).