Section 25. Use of local government resources in a disaster  


Latest version.
  • 1. Upon the
      threat or occurrence of a disaster, the chief executive of any political
      subdivision is hereby authorized and empowered to and shall use any  and
      all  facilities,  equipment,  supplies, personnel and other resources of
      his political  subdivision  in  such  manner  as  may  be  necessary  or
      appropriate  to  cope  with  the  disaster  or  any  emergency resulting
      therefrom.
        2. Upon the threat or occurrence of a disaster, a chief executive  may
      request  and  accept assistance which is coordinated and directed by the
      county chief  executive  as  provided  in  section  twenty-six  of  this
      article.
        3.  A  chief executive may also request and accept assistance from any
      other political subdivision and may receive therefrom  and  utilize  any
      real  or  personal  property  or the service of any personnel thereof on
      such terms and conditions as may be mutually  agreed  to  by  the  chief
      executives of the requesting and assisting political subdivisions.
        4.  Upon  the  receipt  of  a  request for assistance made pursuant to
      subdivision two or three of this section, the  chief  executive  of  any
      political  subdivision  may  give,  lend  or  lease,  on  such terms and
      conditions as he may deem necessary to promote the  public  welfare  and
      protect  the  interests  of  such  political  subdivision, any services,
      equipment, facilities, supplies or  other  resources  of  his  political
      subdivision.  Any lease or loan of real or personal property pursuant to
      this subdivision, or any transfer of personnel pursuant hereto, shall be
      only  for  the purpose of assisting a political subdivision in emergency
      relief,  reconstruction,  or  rehabilitation  made  necessary   by   the
      disaster.
        5.  A  political  subdivision  shall not be liable for any claim based
      upon the exercise or performance or the failure to exercise or perform a
      discretionary function or duty on the part of any officer or employee in
      carrying out the provisions of this section.
        6. The chief executive, when requesting assistance  pursuant  to  this
      section  may  request  assistance  from  the  civil defense and disaster
      preparedness forces of any other political subdivision, but only if  the
      civil  defense  and  disaster  preparedness  forces  of  the  type being
      requested have already been activated within the political  subdivisions
      requesting  assistance. The chief executive of any political subdivision
      receiving such a request is hereby authorized and empowered, subject  to
      the  provisions  of  section  twenty-six  of  this  article,  to respond
      thereto.
        7. Any power or authority conferred upon any political subdivision  by
      this  section  shall  be  in  addition to and not in substitution for or
      limitation  of  any  powers  or  authority  otherwise  vested  in   such
      subdivision or any officer thereof.