Oklahoma Emergency Management Act of 2003
Encyclopedia
The Oklahoma Emergency Management Act of 2003 (63 O.S. § 683.1-683.24) is an Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...

 state law that replaced the Oklahoma Civil Defense and Emergency Resources Management Act of 1967 as the primary state law detailing emergency management
Emergency management
Emergency management is the generic name of an interdisciplinary field dealing with the strategic organizational management processes used to protect critical assets of an organization from hazard risks that can cause events like disasters or catastrophes and to ensure the continuance of the...

 in Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...

. The Emergency Management Act and the Catastrophic Health Emergency Powers Act
Catastrophic Health Emergency Powers Act
The Catastrophic Health Emergency Powers Act , often referred to as the Health Emergency Act, is an Oklahoma state law that details the response to a catastrophic health emergency in Oklahoma created as a result of a nuclear weapon, bioterrorism, a chemical weapon or other biological toxin...

 together form the primary state laws regarding emergency and disastrous situations that may occur in the state.

The Emergency Management Act was signed into law by Governor
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...

 Brad Henry
Brad Henry
Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002...

 on May 29, 2003.

Purposes of the Act

The Emergency Management Act declares its purposes:
The Emergency Management Act:
  • Created of the Oklahoma Department of Emergency Management
    Oklahoma Department of Emergency Management
    The Oklahoma Department of Emergency Management is a department of the government of Oklahoma responsible for coordinating the response to a natural disaster that has occurred in the State and that has overwhelmed the abilities of local authorities. This is achieved primarily through the...

     (OEM)
  • Authorized of the creation of local organizations for emergency management in the counties and incorporated municipalities of this state
  • Provided for the formulation and execution of an Emergency Operations Plan (EOP) for the state
  • Conferred upon the Governor and upon the executive heads or governing bodies of the political subdivisions of the state emergency powers
  • Provided for the rendering of mutual aid among the political subdivisions of the state and with other states to cooperate with the federal government with respect to carrying out emergency management functions and hazard mitigation
  • Provided sufficient organization to meet, prevent or reduce emergencies in the general interest and welfare of the public and the state.


The Emergency Management Act declared the policy of Oklahoma to be that all emergency management and hazard mitigation functions of the state are to be coordinated to the maximum extent with the comparable functions of the federal government, of the other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of available workforce, resources and facilities for dealing with disaster and hazard mitigation. Each state agency, board, commission, department or other state entity having responsibilities either indicated in the state Emergency Operations Plan must have written plans and procedures in place to protect individual employees, administrators and visitors from natural and man-made disasters and emergencies occurring at their work place. All such plans and procedures are made in concurrence with OEM, which is responsible for establishing a OEM Guidebook titled the "Emergency Standard Operating Procedures". Each state agency, board, commission, department or other state entity must provide an annual report on the status of their emergency management program to OEM. OEM then must compile and integrate all reports into a report to the Governor and Legislature on the status of state emergency preparedness.

The National Incident Management System
National Incident Management System
The National Incident Management System is emergency management doctrine used nationwide to coordinate emergency preparedness and incident management and response among the public and private sectors.NIMS is a comprehensive, national approach to incident management that is applicable at all...

 (NIMS) is officially declared to be the standard for incident management in Oklahoma. All on-scene management of disasters and emergencies shall be conducted using the Incident Command System
Incident Command System
The Incident Command System is "a systematic tool used for the command, control, and coordination of emergency response" according to the United States Federal Highway Administration...

 (ICS).

Gubernatorial emergency powers

Under the Emergency Management Act, the Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...

 gains vast and comprehensive emergency powers. However, the emergency powers provided to the Governor are operative only during the existence of a natural or man-made emergency. The existence of such an emergency must be proclaimed by the Governor through executive declaration or by the Legislature by concurrent resolution for the Governor to exercise such powers. Any emergency, whether proclaimed by the Governor or by the Legislature, may be terminated by the proclamation of the Governor or by the Legislature with a concurrent resolution terminating such emergency.

Upon an emergency being declared, the Governor must activate the Emergency Operations Plan. This allows the Governor to assume direct regulatory control over all essential resources of the state. It is then the responsibility of the Governor to determine the priorities of such resources and allocate them as he deems necessary. The Emergency Management Act defines "resources" as:
In exercising his emergency powers, the Governor is empowered to (limited) rule by decree
Rule by decree
Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs, although philosophers such as Giorgio Agamben have argued that it has been generalized since World War I in all modern states,...

 in the realm of public security
Public security
To meet the increasing challenges in the public security area, responsible public institutions and organisations can tap into their own intelligence to successfully address possible threats in advance...

. The Emergency Management Act requires the Governor "to enforce all laws, rules and regulations relating to emergency management" and grants him the authority to assume "direct operational control of any or all emergency management forces" in the state. Such forces include the Oklahoma National Guard
Oklahoma National Guard
The Oklahoma National Guard, a division of the Oklahoma Department of the Military, is the component of the United States National Guard in the U.S. state of Oklahoma. It comprises both Army and Air National Guard components. The Governor of Oklahoma is Commander-in-Chief of the Oklahoma National...

, the Oklahoma Highway Patrol
Oklahoma Highway Patrol
The Oklahoma Highway Patrol is a major state law enforcement agency of the government of Oklahoma. It is a division of the Oklahoma Department of Public Safety. The Oklahoma Highway Patrol was legislatively created in 1937 due to the growing problem of motor vehicle accidents, the expansion of a...

, and local police and sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....

 departments. As such, the Governor has the authority to make, amend, and rescind necessary orders and rules to carry out the provisions of the Emergency Management Act.

If, in the Governor's opinion, an evacuation
Emergency evacuation
Emergency evacuation is the immediate and rapid movement of people away from the threat or actual occurrence of a hazard. Examples range from the small scale evacuation of a building due to a bomb threat or fire to the large scale evacuation of a district because of a flood, bombardment or...

 of any or all of the population of any disaster stricken or threatened area within the state is necessary, the Governor is empowered to take such steps as are necessary for the evacuation as well as the receipt and care of such evacuees. The Act grants the Governor the power to:
To enforce his orders, the Governor gains the power of emergency gubernatorial dismissal. Should any public official exercising power under the Oklahoma Constitution
Oklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...

 willfully fail to obey any order, rule or regulation issued by the Governor, the Governor may remove said official from office. Such removal, however, can only become effective after charges have been served to the affected official and the official has been given an opportunity to defend himself/herself. Pending the preparation and disposition of charges, the Governor may suspend such official for a period not exceeding thirty days. Any vacancy resulting from gubernatorial emergency dismissal or suspension is filled by an appointment made by the Governor. The appointee serves until the office can be filled as otherwise provided by law. The only officers not subject to this emergency removal process are the statewide executive offices, the Justices of the Oklahoma Supreme Court
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....

, and the members of the Oklahoma Legislature
Oklahoma Legislature
The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...

. However, these officers do not possess the power to prevent the Governor from fulfilling his duties pursuant to the Emergency Management Act.

Emergency Management Advisory Council

The Emergency Management Advisory Council meets to advise the Governor and the Director of the Oklahoma Department of Emergency Management on all matters pertaining to emergency management.

The members of the Council shall be composed of the Governor, who shall serve as chair of the Council, and the following department heads:
  • The Director of the Department of Emergency Management
    Oklahoma Department of Emergency Management
    The Oklahoma Department of Emergency Management is a department of the government of Oklahoma responsible for coordinating the response to a natural disaster that has occurred in the State and that has overwhelmed the abilities of local authorities. This is achieved primarily through the...

  • The Commissioner of Public Safety
    Oklahoma Department of Public Safety
    The Oklahoma Department of Public Safety is a department of the government of Oklahoma. Under the supervision of the Oklahoma Secretary of Safety and Security, DPS provides for the safety of Oklahomans and the administration of justice in the state...

  • The Adjutant General
    Adjutant General of Oklahoma
    The Adjutant General of Oklahoma is the highest ranking military official in the state of Oklahoma, subordinate only to the Governor of Oklahoma...

  • The Commissioner of Health
    Oklahoma State Department of Health
    The Oklahoma State Department of Health is a department of the government of Oklahoma under the supervision of the Oklahoma Secretary of Health. The Department is responsible for protecting the health of all Oklahomans and providing other essential human services...

  • The Commissioner of Agriculture
    Oklahoma Department of Agriculture, Food, and Forestry
    The Oklahoma Department of Agriculture, Food, and Foresty is a department of the government of Oklahoma under the Oklahoma Secretary of Agriculture. It is responsible for providing services and expertise that promote and protect Oklahoma's food supply and natural resources while stimulating...

  • The Director of the Department of Human Services
    Oklahoma Department of Human Services
    The Oklahoma Department of Human Services is an agency of the government of Oklahoma responsible for providing help to individuals and families in need through public assistance programs and managing services for seniors and people with disabilities. The Department is governed by the Commission on...

  • The Director of the Department of Transportation
    Oklahoma Department of Transportation
    The Oklahoma Department of Transportation is an agency of the government of Oklahoma responsible for the construction, maintenance, and regulation the use of the state's transportation infrastructure...

  • The Executive Director of the Water Resources Board
    Oklahoma Water Resources Board
    The Oklahoma Water Resources Board is an agency in the government of Oklahoma under the Governor of Oklahoma. OWRB is responsible for managing and protection the water resources of Oklahoma as well as for planning for the state's long-range water needs. The Board is composed of nine members...

  • The State Fire Marshal
    Oklahoma State Fire Marshal
    The Oklahoma State Fire Marshal is the chief firefighter of the state of Oklahoma. The State Fire Marshal oversees the operation of the Office of the State Fire Marshal, which is a law enforcement agency of the state...

  • The Executive Director of the Department of Environmental Quality
    Oklahoma Department of Environmental Quality
    The Oklahoma Department of Environmental Quality is a department of the government of Oklahoma under the Governor of Oklahoma. It is responsible for protecting human health and for safeguarding the natural environment: air, water, and land. DEQ is chiefly responsible for the environmental policy...

  • The President of the Oklahoma Sheriff’s Association
    Oklahoma Sheriffs' Association
    The Oklahoma Sheriffs' Association is a non-profit professional association of the 77 elected County Sheriffs in Oklahoma. OSA represents the sheriffs to state officials and works to coordinate policies between the sheriffs through training and education and by providing technical and...


State Hazard Mitigation Team

The State Hazard Mitigation Team meets as determined by the Team Coordinator to review and recommend updates to the State Comprehensive All-hazard Mitigation Plan.

The State Hazard Mitigation Team is composed of the administrative heads of the following agencies or their designees:
  • The Oklahoma Department of Emergency Management
    Oklahoma Department of Emergency Management
    The Oklahoma Department of Emergency Management is a department of the government of Oklahoma responsible for coordinating the response to a natural disaster that has occurred in the State and that has overwhelmed the abilities of local authorities. This is achieved primarily through the...

    , who shall serve as the Team Coordinator
  • The Oklahoma Water Resources Board
    Oklahoma Water Resources Board
    The Oklahoma Water Resources Board is an agency in the government of Oklahoma under the Governor of Oklahoma. OWRB is responsible for managing and protection the water resources of Oklahoma as well as for planning for the state's long-range water needs. The Board is composed of nine members...

  • The Oklahoma Climatological Survey
  • The Oklahoma Conservation Commission
    Oklahoma Conservation Commission
    The Oklahoma Conservation Commission is an agency of the government of Oklahoma under the Governor of Oklahoma. It is the duty of the Commission to conserve Oklahoma's land and water...

  • The Oklahoma Corporation Commission
    Oklahoma Corporation Commission
    The Oklahoma Corporation Commission is the public utilities commission of the state of Oklahoma run by three state-wide elected Commissioners, assisted by over 400 employees...

  • The Oklahoma Department of Commerce
    Oklahoma Department of Commerce
    The Oklahoma Department of Commerce is a department of the government of Oklahoma under the Oklahoma Secretary of Commerce and Tourism. The Department is responsible for the supporting local communities, stimulating growth of the existing businesses, attracting new business, and promoting the...

  • The Oklahoma Department of Environmental Quality
    Oklahoma Department of Environmental Quality
    The Oklahoma Department of Environmental Quality is a department of the government of Oklahoma under the Governor of Oklahoma. It is responsible for protecting human health and for safeguarding the natural environment: air, water, and land. DEQ is chiefly responsible for the environmental policy...

  • The Oklahoma Department of Human Services
    Oklahoma Department of Human Services
    The Oklahoma Department of Human Services is an agency of the government of Oklahoma responsible for providing help to individuals and families in need through public assistance programs and managing services for seniors and people with disabilities. The Department is governed by the Commission on...

  • The Oklahoma State Department of Health
    Oklahoma State Department of Health
    The Oklahoma State Department of Health is a department of the government of Oklahoma under the supervision of the Oklahoma Secretary of Health. The Department is responsible for protecting the health of all Oklahomans and providing other essential human services...

  • The Oklahoma Department of Transportation
    Oklahoma Department of Transportation
    The Oklahoma Department of Transportation is an agency of the government of Oklahoma responsible for the construction, maintenance, and regulation the use of the state's transportation infrastructure...

  • The Oklahoma Department of Agriculture, Food, and Forestry
    Oklahoma Department of Agriculture, Food, and Forestry
    The Oklahoma Department of Agriculture, Food, and Foresty is a department of the government of Oklahoma under the Oklahoma Secretary of Agriculture. It is responsible for providing services and expertise that promote and protect Oklahoma's food supply and natural resources while stimulating...

  • The Oklahoma Department of Wildlife Conservation
    Oklahoma Department of Wildlife Conservation
    The Oklahoma Department of Wildlife Conservation is an agency of the state of Oklahoma responsible for managing and protecting Oklahoma's wildlife population and their habitats. The Department is under the control of the Wildlife Conservation Commission, an 8-member board appointed by the Governor...

  • The Oklahoma Historical Society
    Oklahoma Historical Society
    The Oklahoma Historical Society is an agency of the government of Oklahoma dedicated to promotion and preservation of Oklahoma's history and its people by collecting, interpreting, and disseminating knowledge and artifacts of Oklahoma....

  • The Oklahoma Insurance Commissioner
    Oklahoma Insurance Commissioner
    The Oklahoma Insurance Commissioner is an elected executive officer of the state of Oklahoma. The Insurance Commissioner serves as the head of the Oklahoma Department of Insurance. The Insurance Department is charged with executing of all laws relating to insurance and insurance companies doing...

  • The Association of County Commissioners of Oklahoma
  • The Oklahoma Municipal League
    Oklahoma Municipal League
    The Oklahoma Municipal League is an association of the incorporated cities and towns of Oklahoma, organized for mutual assistance and improvement.OML's functions include:...

  • The Oklahoma State Fire Marshal
    Oklahoma State Fire Marshal
    The Oklahoma State Fire Marshal is the chief firefighter of the state of Oklahoma. The State Fire Marshal oversees the operation of the Office of the State Fire Marshal, which is a law enforcement agency of the state...

  • The Oklahoma Department of Labor
    Oklahoma Labor Commissioner
    The Oklahoma Commissioner of Labor is an elective executive officer of the State of Oklahoma. The Labor Commissioner serves as the head of the Oklahoma Department of Labor...

  • Depending on the circumstances, the Team Coordinator may request the participation of the head of any other state agencies as deemed appropriate.


The Team Coordinator may request that a representative of the United States Army Corps of Engineers
United States Army Corps of Engineers
The United States Army Corps of Engineers is a federal agency and a major Army command made up of some 38,000 civilian and military personnel, making it the world's largest public engineering, design and construction management agency...

 be appointed by the administrative head of the Tulsa District to participate on the Team. The Team Coordinator may also request a representative of the United States Department of Housing and Urban Development
United States Department of Housing and Urban Development
The United States Department of Housing and Urban Development, also known as HUD, is a Cabinet department in the Executive branch of the United States federal government...

 be appointed by the administrative head of the Oklahoma City
Oklahoma city
Oklahoma City is the capital and largest city of the U.S. state of Oklahoma.Oklahoma City may also refer to:*Oklahoma City metropolitan area*Downtown Oklahoma City*Uptown Oklahoma City*Oklahoma City bombing*Oklahoma City National Memorial...

 office to participate on the team.

Local emergency management programs

All counties of the state are required to have a qualified emergency management director and all towns and cities are required to develop an emergency management program. A city or town may either have an emergency management director or create an agreement with their county for emergency management services. Regardless of level, the local emergency management director is responsible for the organization, administration, and operation of all such local organizations for emergency management within the director's territorial limits.

Each local emergency management organization must develop, maintain and revise, as necessary, a local emergency operations plan for the jurisdiction. Each plan shall address the emergency management system functions of preparedness, response, recovery and mitigation. Such plan must be based upon a hazard and risk assessment for the jurisdiction and include provisions for evacuation of all or a portion of the jurisdiction based upon such risk in the event any disaster necessitates the evacuation of its citizens.

Each Emergency Management Director is responsible for all aspects of emergency management in his or her jurisdiction. Such duties include conducting hazard analysis detailing risks and vulnerabilities; annually updating the existing all-hazard local Emergency Operations Plan (EOP); conducting and arranging for necessary training of all relevant personnel; conducting annual exercises to evaluate the plan; managing resources; determining shortfalls in equipment, personnel and training; revising the EOP as necessary; establishing and maintaining an office of emergency management; communication and warnings; conducting or supervising damage assessment and other pre- and post-disaster-related duties.

All local fire departments, law enforcement departments and other first response agencies must notify their respective local Emergency Management Director of all significant events occurring in the jurisdiction. Emergency Management Directors shall promptly report significant events to the Oklahoma Department of Emergency Management
Oklahoma Department of Emergency Management
The Oklahoma Department of Emergency Management is a department of the government of Oklahoma responsible for coordinating the response to a natural disaster that has occurred in the State and that has overwhelmed the abilities of local authorities. This is achieved primarily through the...

.

Each city, town, or county in which any disaster occurs has the authority to declare a local emergency. The city, town, or county must combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Each jurisdiction is authorized to exercise the emergency powers vested to it under the Emergency Management Act without regard to time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, and the appropriation and expenditure of public funds. However, constitutional mandatory requirements must still be followed.

See also

  • Oklahoma Department of Emergency Management
    Oklahoma Department of Emergency Management
    The Oklahoma Department of Emergency Management is a department of the government of Oklahoma responsible for coordinating the response to a natural disaster that has occurred in the State and that has overwhelmed the abilities of local authorities. This is achieved primarily through the...

  • Governor of Oklahoma
    Governor of Oklahoma
    The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...

  • Catastrophic Health Emergency Powers Act
    Catastrophic Health Emergency Powers Act
    The Catastrophic Health Emergency Powers Act , often referred to as the Health Emergency Act, is an Oklahoma state law that details the response to a catastrophic health emergency in Oklahoma created as a result of a nuclear weapon, bioterrorism, a chemical weapon or other biological toxin...

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