Emergency Measures and Emergency Management

by Emily Lewy

The Lumpkin County Commission will discuss at their 4:00 PM, October 7, 2014 Work Session: “Up-date and re-adoption of Lumpkin County’s Emergency measures and Emergency Management Documentations”

Presumably, there will be a vote on the Ordinance during the Regular Lumpkin County Commission scheduled for October 21, 2014 at 6:00 PM.

Many of us oppose this Ordinance because it nullifies limitations on government specifically set out in the Bill of Rights of the Constitution of the United States.

Page 1 Definitions:   “Disaster” means any natural, technological, man-made or civil emergency that causes or has the potential to cause damage of sufficient severity and magnitude to result in a declaration of a state of emergency declared by the Lumpkin County Board of Commissioners, the Governor, or the President of the United States.

What if one of these elected officials declares a FALSE emergency in order to suspend states rights and individual rights? How much do your trust these elected officials? Do you speak out now or complain after your rights have been suspended?

Page 2 (1) Grant of authority…In the event of an actual or threatened occurrence of a disaster or emergency, which may result in … the major disruption of routine community affairs, business or governmental operations in the county and which is of sufficient severity and magnitude to warrant extraordinary assistance by federal, state and local departments and agencies to supplement the efforts of available public and private resources, the Chairman of the Board of Commissioners may declare an emergency for Lumpkin County.

Does this imply the federal and state government will pressure the Chairman to declare a state of emergency in order to receive assistance?

Page 3 (4) Effect of declaration of emergency.

  1. Activation of emergency operations plan…. …
  2. In responding and conducting necessary and appropriate investigations, the Director or his/her designee is authorized to enter at a reasonable time upon any property, public or private, for the purpose of investigating and inspecting sites involved with emergency management functions. The Director is authorized to execute a right of entry and/or agreement to use property for these purposes on behalf of the County; however, any such document shall be later presented for ratification at a meeting of the Board of Commissioners.
  3. No person shall refuse entry or access to any authorized representative or agent of the County who requests entry for purposes of inspection, and who presents appropriate credentials. Nor shall any person obstruct, hamper or interfere with any such representative while that individual is in the process of carrying out his or her official duties.

These two sections effectively nullify the 4th Amendment of the Constitution.

Page 4 d. Additional emergency powers. The County Manager with the EMA Director shall have and may exercise for such period as the declared emergency exists or continues the following additional emergency powers:

  1. To direct and compel the evacuation
  2.  To suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and flammable liquids and substances;   Nullifies the 2nd Amendment
  3. To utilize public or private property …
  4. To suspend any law, code provision or regulation prescribing the procedures for conduct of County business, or the orders, rules or regulations of any County agency, if strict compliance with any ordinance, resolution, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with the emergency or disaster,
  5. To perform and exercise such other functions, powers and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population, including individuals with household pets and service animals prior to, during, and following a major disaster or emergency.

Page 6 Enforcement and Remedies

(b) Penalties. Failure to comply with any of the requirements or provisions of the regulations contained in this chapter, or with any code section, order, rule or regulation made effective by the County Manager or local governing authority upon or after the declaration of an emergency shall constitute a violation misdemeanor punishable by a fine not exceeding $1,000.00, imprisonment for a term not exceeding 60 days, or both such fine and imprisonment, for each violation. The owner of land upon which a violation occurs, and each person assisting in the commission of a violation, shall be guilty of separate offenses.

Do we give up our Constitutional rights so easily?

Plans for emergency services are a good idea and these can be provided within the framework of the United States Constitution. Giving up these rights is unnecessary and unacceptable.














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