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daemon@ATHENA.MIT.EDU (Anonymous)
Fri Aug 20 16:16:51 1999
Date: Fri, 20 Aug 1999 21:55:48 +0200 (CEST)
Message-Id: <199908201955.VAA18860@mail.replay.com>
From: Anonymous <nobody@replay.com>
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July 21, 1999
Official clarifies intent, powers of disaster
law
By SCOTT MABEN
The Register-Guard
As San Francisco burned in the aftermath of the devastating 1906
earthquake, Mayor E.E. Schmitz cracked down on lawlessness by
authorizing federal troops and police to shoot and kill looters.
Far less drastic means of keeping order - traffic and crowd control,
curfews, food and fuel rationing - would be at the disposal of
Eugene's city manager under a proposed ordinance on declaring a
state of emergency.
City officials consider the amendment to the city code a necessary
tool for protecting lives and property after a major disaster. But
they're hearing from some residents who are dubious of the intent.
In the past week, the city has received about 10 calls from people
who say they're concerned about the powers granted the city
manager under the ordinance, which is the subject of a public hearing
Monday night.
Some criticize it as a path to martial law and an assault on civil
liberties. Others wonder if it's designed to quell unruly protests. Still
others have dubbed the proposal "the Eugene Y2K home invasion
act," characterizing it as the city's planned response to the Year 2000
millennium bug.
None of the above, said City Manager Jim Johnson.
"The intent is to grant me powers to maintain order in the community
in an instance of a major disaster, where communication may be
difficult and where action may need to be taken immediately,"
Johnson said.
He insists he would not have the authority to decree a police state to
silence political dissidence or randomly raid private homes and
businesses, as some critics have suggested.
Rumors about the ordinance began to fly via e-mail and on a Web
site devoted to Y2K discussions last week, and two residents
complained about the proposed rules at a recent City Council
meeting.
Mark Robinowitz told councilors the proposal is blatantly
unconstitutional and would sanction "institutional abuse of the law."
Gordon Kelley, a bulk department manager at a local grocery store,
said he is alarmed that the city manager would be able to order
confiscation of private property. That could undermine neighborhood
efforts to prepare for Y2K problems by storing supplies of food,
water, clothing and other items, Kelley said.
"This is very worrisome," he said. "If this is put into place, it's going to
really hinder neighborhood sharing. If people think the city is going to
take what they have, they're going to be more secretive about it."
The ordinance was modeled after similar laws in other cities, including
Portland, Beaverton and Springfield, and addresses the need to
quickly seek outside help while maintaining local control during a
major disaster, city officials said.
It would spell out in the city code who is in charge during an
emergency and how decisions are to be made. No such ordinance
exists now, although the city has had an emergency preparedness
plan for the past six years.
The city manager only could invoke the powers after local resources,
including help from Lane County and the city of Springfield, are
exhausted and immediate assistance from the state or federal
government is needed to save lives and limit property damage for a
large portion of the population, Johnson said.
State and federal aid may be disbursed to cities and counties only
after local municipalities first declare emergencies. And exception to
that chain of command is made when a disaster covers a larger area,
such as the whole Willamette Valley or Western Oregon. In that
case, the governor could issue a declaration covering all cities and
counties affected by the emergency.
A power or phone outage lasting several days or a riot in which many
people are injured would not come close to triggering a citywide
emergency, Johnson said.
But something of the magnitude of the October 1989 earthquake in
the San Francisco area would, he said.
That disaster killed 67 people, injured 3,757 and caused an estimated
$7 billion in damage. Much of the city was crippled, and local
emergency crews were overwhelmed.
"That's the kind of disaster this grant of powers is designed to
address," Johnson said.
In Oregon, he could think of just two actual disasters that might have
warranted such a response the 1996 Tillamook flood, which left
much of the city under water, and the disastrous Willamette Valley
wind storm on Columbus Day 1962.
"The Columbus Day Storm may have approached this, but even then
I don't think Lane County or the city of Eugene had exhausted all of
their resources," Johnson said.
The ordinance names other disasters that could prompt a state of
emergency, including fires, explosions, severe weather, volcanic
eruptions, hazardous materials spills, disease, blight, infestations, civil
disturbances, riots, sabotage and war.
City councilors first discussed the proposal June 28, when several
suggested that the city manager be required to to consult with the
council before declaring an emergency.
The proposal has been revised since then to direct the city manager
to use all reasonable efforts to contact the mayor and a majority of
the eight councilors before declaring an emergency or before invoking
any of the proposed emergency powers.
It also would allow the council to repeal an emergency declaration or
overturn the decision to invoke any one of the powers.
Johnson also deleted the last and most obscure of the powers, which
would have let him "order such other measures as may be necessary"
to protect lives and property. "We decided that was too vague," he
said.
Some critics have said they suspect the ordinance was drafted after
downtown rioting June 18 to give the city more authority to suppress
civil disobedience. City officials deny that's the case, saying the
ordinance and a related update of the city's emergency management
plan have been in the works for several months.
Chuck Solin, the city's loss control and environmental manager, said
major floods in the Midwest, hurricanes in Florida and earthquakes
and firestorms in Southern California have illustrated the need to have
an emergency response plan that allows the city to act without having
to convene a majority of elected officials, which may not be possible
during an emergency.
"What we're trying to do is learn from the experiences of other cities
that have suffered major disasters," Solin said.
The Council has scheduled a public hearing on the proposed
ordinance during its regular meeting at 730 p.m. Monday in the
Council Chamber at City Hall, 777 Pearl St.
The wording of the ordinance is on the city's Web site,
www.ci.eugene.or.us, under the heading "What's new."
PROPOSED EMERGENCY POWERS FOR EUGENE CITY
MANAGER
Streets Barricade streets and prohibit or regulate traffic on any
public street leading to the designated emergency area.
Public gatherings Prohibit or limit the number of people who may
gather on any public street, public place or any outdoor place within
the designated emergency area.
Curfew Establish a curfew for when people must vacate public
streets and public places.
Evacuations Order the evacuation of people as necessary.
Weapons Prohibit the sale, carrying or possession of any weapons
or explosives on public streets and in public places.
Debris removal Order removal of debris and wreckage that may
threaten public health or safety on public or private property.
Confiscating property Appropriate or confiscate merchandise,
equipment, vehicles or property needed to alleviate the emergency.
The city must reimburse owners within 60 days.
Price control Regulate the use, sale or distribution of food, feed,
fuel, clothing and other commodities, materials, goods and services
by rationing, freezing, use of quotas, prohibitions on shipments, price
fixing, allocation or other means.
Rent control Establish rent controls and provide temporary or
permanent housing.
- City of Eugene
Copyright © 1999 The Register-Guard
