What does a Wisconsin, Dane County or Madison “State of Emergency” do?

I have found few people who can tell me anything except what most think of – calling up the National Guard and FEMA money from the federal government.  What else?

I did a little digging and here is what I could find.  The city and county both have very interesting ordinances that I dug up.  I’m sure I didn’t dig up everything that is out there, the ordinances are hard to search – particularly at the county.  But what I found was of interest.  I think the city and county should be asking for a memo from the City Attorney and the Corporation Council outlining their powers and duties when an emergency is declared and that should be made available to the public, in the interest of transparency.

STATE OF WISCONSIN BASICS

Declaration of Emergency

Tony Evers declared a state of emergency on March 12, 2020.  Governor Evers’ Executive Order 72 can be found here.

This order is in effect for up to 60 days, after that the State Legislature would have to extend it.  The governor or legislature may revoke this order prior to 60 days.

Governor Ever’s Executive Order does the following:

• Declares a public health emergency and designates the Department of Health Services as the lead agency to respond.  The Department of Health services can
  • “take all necessary and appropriate measures to prevent and respond to incidents of COVID-19 in the State.”
  • Suspend the provisions of any administrative rule if compliance with that rule prevents, hinders or delays necessary actions
• Authorizes the Adjunct General to activate the Wisconsin National Guard to assist in the state’s response to the public health emergency.
• Directs all state agencies to assist as appropriate
• Proclaims a “period of abnormal economic disruption” and directs the Department of Agriculture, Trade and Consumer Protection to enforce provisions about price gouging (ATCP 100.305 and ATCP 106)

Powers and Duties

During a State of Emergency the Governor has the following additional duties and powers:

• Duties: shall issue orders, delegate such authority as is necessary to the administrator, and direct the division to coordinate emergency management activities.
• Powers:

Other powers

• State traffic patrol officers and conservation wardens. If the governor calls out the state traffic patrol or conservation warden service, or members of the patrol or service, under s. 323.12 (2) (c), the state traffic patrol officers or conservation wardens subject to the call shall have the powers of a law enforcement officer for the duration determined by the governor, except that the officers and wardens may not be used in or take part in any dispute or controversy between an employer and employee concerning wages, hours, labor, or working conditions.
• State agency volunteers. A state agency may register or preregister volunteers to assist the agency during a disaster, an imminent threat of a disaster, or a related training exercise.
• Emergency use of vehicles. In responding to an official request for help during any declared state of emergency, any person may operate a boat or any motor vehicle, including a snowmobile, all-terrain vehicle, or utility terrain vehicle, that is not registered in this state.

Emergency Plan

This is the state’s emergency management plan.  The plan was last updated in 2017.  I did not have time to read all 948 pages, so a did a few searches.  The word virus appears once in the plan related to anti-virus software related to email.  The word pandemic does not appear at all. “Health” appears only 44 times, and several are in the title of the Department of Health Services.

DANE COUNTY BASICS

Declaration of Emergency

Yesterday, on March 16, 2020, the County Executive issued a Declaration of Emergency in Dane County.

In his order he declared that the order was imposed for 60 days, subject to an extension by the county board.  State law allows the following:

323.11  Declaration by local government. The governing body of any local unit of government may declare, by ordinance or resolution, an emergency existing within the local unit of government whenever conditions arise by reason of a riot or civil commotion, a disaster, or an imminent threat of a disaster, that impairs transportation, food or fuel supplies, medical care, fire, health or police protection, or other critical systems of the local unit of government. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.

The declaration states the following:

• That the full allocation of county resources be available to ensure the continuation of core county services in the midst of the pandemic
• In anticipation of federal relief and reimbursement becoming available, all county departments shall track expenses related to efforts to protect the public and prevent the spread of COVID-19, and other public sector entities are encouraged to do the same.
• The board of supervisors shall be notified by the filing with the clerk and the clerk shall present the written declaration to the board of supervisors for ratification at its first meeting following the declaration.

Powers and Duties

During a declared emergency, there are additional duties and powers as follows:

• Duties
  • (a) If the governing body of a local unit of government declares an emergency under s. 323.11 and intends to make use of volunteer health care practitioners, as specified in s. 257.03, the governing body or its agent shall, as soon as possible, notify the department of health services of this intent.
  • (b) During a state of emergency declared by the governor, a local unit of government situated within the area to which the governor’s executive order applies may employ personnel, facilities, and other resources consistent with the plan adopted under sub. (1) (a) 1. or (b) 1. to cope with the problems that resulted in the governor declaring the emergency. Nothing in this chapter prohibits local units of government from employing their personnel, facilities, and resources consistent with the plan adopted under sub. (1) (a) 1. or (b) 1. to cope with the problems of local disasters except where restrictions are imposed by federal regulations on property donated by the federal government.
• Powers
  • (a) The emergency power of the governing body conferred under s. 323.11 includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, protection, and welfare of persons and property within the local unit of government in the emergency and includes the power to bar, restrict, or remove all unnecessary traffic, both vehicular and pedestrian, from the highways, notwithstanding any provision of chs. 341 to 349.
  • (b) If, because of the emergency conditions, the governing body of the local unit of government is unable to meet promptly, the chief executive officer or acting chief executive officer of any local unit of government shall exercise by proclamation all of the powers conferred upon the governing body under par. (a) or s. 323.11 that appear necessary and expedient. The proclamation shall be subject to ratification, alteration, modification, or repeal by the governing body as soon as that body can meet, but the subsequent action taken by the governing body shall not affect the prior validity of the proclamation.

Other duties and powers of local governments include:

• Powers during an emergency. During a state of emergency declared by the governor, the head of emergency management for each local unit of government, on behalf of his or her respective local unit of government, may contract with any person to provide equipment and services on a cost basis to be used to respond to a disaster, or the imminent threat of a disaster.
• Powers of law enforcement officers. During any state of emergency declared by the governor or during any training program or exercises authorized by the adjutant general, any law enforcement officer, when legally engaged in traffic control, escort duty, or protective service, may carry out the functions anywhere in the state but shall be subject to the direction of the adjutant general through the sheriff of the county in which an assigned function is performed.

Emergency Plan

I could not find the county emergency plan on the county website.  The links I could find elsewhere no longer work.

I could find their guidance to other governments about what to put in their plans.

The county board designates a head of emergency management as well as a county emergency management committee.  Here is the information on the Dane County Local Emergency Planning Committee.  Looks like the last time they met was February 10th.  Coronavirus did not appear on their agenda at that time.  There are no minutes from that meeting.  The last time there is a meeting that has minutes was 2/11/19 and before that it was 6/11/18.

Other Emergency Related Ordinances of Interest

• County Emergency Government Committee

CITY OF MADISON BASICS

Declaration of Emergency

The mayor or the city council also have the ability to declare a state of emergency, like the County Executive and the County Board.  So far there are no signs of that happening.

Powers and Duties

They would have the same powers and duties as the county.

Emergency Plan

Here is the City of Madison’s plan, it hasn’t been updated since 2011.

When they passed this they appointed a Emergency Management Planning Staff Team – but they apparently haven’t met.

There is some information available on the fire department’s website.  According to the website:

The City of Madison Fire Department is the lead agency for the City’s Emergency Management initiatives to increase and improve the community’s readiness for disaster.

The Emergency Management Staff Team works to plan and develop strategies to ensure individual residents and the City as a whole are prepared for events that may require emergency response and/or evacuation. The Team includes: public works agencies, emergency services, County Emergency Management, Mayor’s Office and other related city agencies.

The team’s activities are facilitated by the City’s Emergency Management Coordinator, Ed Ruckriegel. The team sets priorities, works on plans, etc.

Other Emergency Related Ordinances of Interest

• Emergency Meetings

MGO 3.02(7) Emergency Meetings of the Governing Body . During any emergency:

(a) Any member of the Common Council or a legally constituted successor may call a meeting of the Common Council by notifying all members or their interim successors so far as practicable and by whatever means available of the time and place of such meeting, within or without the City or state as circumstances dictate.

(b) The members so meeting shall establish and be governed by its own rules during such emergency.

• Common Council Emergency Powers

• Emergency Management Funds

MGO 3.20(11) Emergency Management Funds . Such money deemed necessary for the carrying out of the purposes of this ordinance, except as otherwise specifically provided, shall be disbursed in the manner prescribed for the disbursement of public funds, excepting in case of a state of emergency proclaimed as provided herein. In which event the Mayor may disburse such reasonable and necessary contingency funds within his/her discretion for emergency government purposes without the signature or countersignature of any other City officer or compliance with any other ordinance. Upon the completion of the work and the termination of the state of emergency, the Mayor shall make a complete report of the work to the Common Council, stating in detail the items of cost and the total cost of doing the work. The City Clerk shall publish the report as a part of the proceedings of the Common Council.

• On the council agenda for Tuesday – Prohibiting City Committees from meeting for the next 60 days without permission from the Mayor and City Council President.  I wrote about it here (and here.)  If the Mayor and Council President get their way, this will be another new rule for when there is a declared emergency:

Emergency Situation.  No Sub-unit shall hold a meeting whenever there has been an officially declared city, county, state or federal emergency or when the Director of Public Health Madison and Dane County has determined it is reasonable and necessary for the prevention or suppression of disease to limit public gatherings, unless the Mayor and Common Council President determine the meeting is necessary to provide essential functions or support to the operations of the City.

DISASTER ASSISTANCE PROGRAMS

• Federal disaster assistance. The adjutant general shall make payments from the appropriation under s. 20.465 (3) (e) to pay this state’s share of grants to individuals and to provide a share of any required state share of contributions to local governments, as defined in 42 USC 5122 (6), for major disaster recovery assistance. Payment of this state’s share of any contribution to a local government under this section is contingent upon copayment of that share by the local government, but not to exceed 12.5 percent of the total eligible cost of assistance. No payment may be made under this section without the prior approval of the secretary of administration.
• State disaster assistance. From the appropriations under s. 20.465 (3) (b) and (s), the adjutant general shall make payments to retail electric cooperatives, as defined in s. 16.957 (1) (t), to local governmental units, as defined in s. 19.42 (7u), and to federally recognized American Indian tribes and bands in this state for the damages and costs incurred as the result of a disaster if federal disaster assistance is not available for that disaster because the governor’s request that the president declare the disaster a major disaster under 42 USC 5170 has been denied or because the disaster, as determined by the department of military affairs, does not meet the statewide or countywide per capita impact indicator under the public assistance program that is issued by the federal emergency management agency. To be eligible for a payment under this section, the retail electric cooperative, local governmental unit, or tribe or band shall pay 30 percent of the amount of the damages and costs resulting from the disaster. The department of military affairs shall promulgate rules establishing the application process and the criteria for determining eligibility for payments under this section.