HomeMy WebLinkAboutResolution 2020 (21) Resolution No. 21 (2020)
ST. RO LINTY RESOLUTION DECLARING AN EMERGENCY AND RATIFICATION OF
PROCLAMATION DECLARING STATE OF EMERGENCY DUE TO
RIOTS AND CIVIL COMMOTION IN ADJACENT COMMUNITIES
1 WHEREAS, due to the ongoing riots and civil commotion in Hennepin, Ramsey, and
2 Washington Counties in Minnesota, which commenced on May 26, 2020, and the potential for
3 riots and civil commotion that may occur in St. Croix County, Wisconsin, it is necessary for St.
4 Croix County to declare a state of emergency; and
5
6 WHEREAS, Wis. Stat. § 323.11 empowers a governing body of a local unit of
7 government to declare a local state of emergency whenever conditions arise by reason of riot or
8 civil commotion, a disaster, or an imminent threat of a disaster, that impairs transportation, food
9 or fuel supplies, medical care, fire, health or police protection, or other critical systems of the
10 local unit of government. The period of the emergency shall be limited by the ordinance or
11 resolution to the time during which the emergency conditions exist or are likely to exist; and
12
13 WHEREAS,pursuant to Wis. Stat. § 323.14(4)(a), the emergency power of the
14 governing body includes the general authority to order, by ordinance or resolution, whatever is
15 necessary and expedient for the health, safety,protection, and welfare of persons and property
16 within the local unit of government in the emergency and includes the power to bar, restrict, or
17 remove all unnecessary traffic, both vehicular and pedestrian, from the highways,
18 notwithstanding any provision of Wis. Stat. Chs. 341 to 349; and
19
20 WHEREAS,pursuant to Wis. Stat. § 323.14(4)(b), if, because of the emergency
21 conditions, the governing body of the local unit of government is unable to meet promptly, the
22 chief executive officer or acting chief executive officer of any local unit of government shall
23 exercise by proclamation all of the powers conferred upon the governing body under Wis. Stat.
24 §§ 323.14(4)(a) or 323.11 that appear necessary and expedient. The proclamation shall be subject
25 to ratification, alteration, modification, or repeal by the governing body as soon as that body can
26 meet, but the subsequent action taken by the governing body shall not affect the prior validity of
27 the proclamation; and
28
29 WHEREAS,pursuant to Wis. Stat. § 323.14(4)(b), on May 29, 2020 the St. Croix
30 County Board Chair by proclamation, a copy of which is attached as Exhibit A, declared that a
31 state of emergency exists in St. Croix County due to riots and civil commotion in Hennepin,
32 Ramsey and Washington Counties; and
33
34 WHEREAS,pursuant to Wis. Stat. § 323.14(4), the proclamation is "subject to
35 ratification, alteration, modification or repeal by the governing body as soon as that body can
36 meet, but the subsequent action taken by the governing body shall not affect the prior validity of
37 the proclamation"; and
38
39 WHEREAS,the County Board (the "Board") has determined that it is necessary to make
40 all possible resources and means available to the County in order to protect the health, safety,
41 property and welfare of its residents from the threat posed by the nearby riots and commotion.
42
43 NOW, THEREFORE BE IT RESOLVED, by the St. Croix County Board of
44 Supervisors that pursuant to Wis. Stat. § 323.11, the Board finds and declares that an emergency
45 exists within the County by reason of an imminent threat of disaster due to the nearby riots and
46 civil commotion.
47
48 BE IT FURTHER RESOLVED,that during the period of emergency prescribed by this
49 Resolution, the Board may order, by ordinance or resolution, whatever is necessary and
50 expedient for the health, safety,protection, and welfare of persons and property within the
51 County.
52
53 BE IT FURTHER RESOLVED,that the St. Croix County Administrator is hereby
54 authorized and directed by the Board to coordinate and administer the County's emergency
55 management response and to carry out the orders of the St. Croix County Board related thereto.
56
57 BE IT FURTHER RESOLVED,that the head of Emergency Management of the
58 County is authorized and directed to carry out his/her duties under the County's Emergency
59 Management Plan under the supervision and direction of the County Administrator and perform
60 such other duties as may be directed by further resolution of the St. Croix County Board.
61
62 BE IT FURTHER RESOLVED,that pursuant to Wis. Stat. § 323.11, the period of
63 emergency shall be limited to the time during which the emergency conditions exists or are
64 likely to exist.
65
66 BE IT FURTHER RESOLVED,that all actions heretofore taken by the Board and
67 other appropriate public officers and agents of the County with respect to the matters
68 contemplated under this Resolution, including the Proclamation declaring that a state of
69 emergency exists in St. Croix County due to nearby riots and civil commotion, are hereby
70 ratified, confirmed, and approved.
Legal-Fiscal-Administrative Approvals:
Legal Note:
Fiscal Impact: No Fiscal Impact
n
eott .Cox,Corporation Cc&W /1/2020 K si a Cou A i r ;or 6/1/2020
Pa. rack Thornpson,County Administrafior 6/1/2020
Vote Confirmation.
St. Croix County Board of Supervisors Action:
Roll Call -Vote Requirement— Majority of Supervisors Present
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........
RESULT: ADOPTED [17 TO 1]
MOVER: Bob Feidler, Supervisor
SECONDER: Daniel Hansen, Supervisor
AYES: Schachtner, Anderson, Long, Leaf, Koch, Berning, Ottino, Feidler, Ostness,
Counter, Hansen, Ard, Tellijohn, Peterson, Achterhof, Tomtschik, Peavey
NAYS: Tim Hall
ABSENT: Paulette Anderson
This Resolution was Adopted by the St. Croix County Board of Supervisors on June 2,2020
Cindy Campbell, County Clerk
EXHIBIT
. ....... ST. CROley�X�-1"�l' ',,,#GgOO;. U,,NTY
a d Iro k
ST. C.ROIX COUNTY PROCLAMATION DECLARING A
STATE OF EMERGENCY
WHEREAS, dare to the ongoing riots and civil commotion in Hennepin, Ramsey, and
Washington Counties in Minnesota, which commenced on May 26, 2020, and the potential
for riots and civil commotion that may occur in St. Croix County, Wisconsin, it is necessary
for St. Croix County to declare a state of ernergency and
WHEREAS, Wis. Stat. § 323.11 empowers a governing body of a local unit of"government
to declare a local state of emergency whenever conditions arise by reason of riot or civil
commotion, a disaster, or an imminent threat of a disaster, that impairs transportation, food
or liael supplies, medical care, fire,health or police protection,, or other critical systems oft the
local unit of government. "I'lie period of the emergency shall be Bruited by the ordinance or
resolution to the time during which the en'ergency conditions exist or are likely to exist, and
WHEREAS, pursuant to 'his. Stat. § 323.14(4)(a), the emergency pourer of the governing
body 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 governmcrit in the emergency and includes the power to bar, restrict, or
remove all unnecessary traffic, both vehicular and pedestrian, frorn the highways,
notwithstanding any provision of Wis, Stat. Chs. 341 to 349; and
WHEREAS,S, pursuant to Wis. Stat. § 323.14(4)(b), if, because of the erxnergency conditions,
the governing body of the local unit of` g overnment 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 confierred upon the governing body under Wis.
Stat. §§ 323.14(4)(a) or 323.11 that appear necessary and expedient. 'f"he proclamation shall
be subgect to ratification, alteration, rnodif cation, 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 priors validity of the proclamation.
NOW, "l'H REl CARE BE IT PROCLAIMED, by the St. Croix County Board Chair that a
local state of emergency now exists throughout St. Croix County; and
1"1" IS F(JR°I"HER PROCLAIMED AND ORDERED, by the St. Croix: County Board Chair-
that during the existence of said local emergency, the powers, functions and duties of this
County shall be pursuant to this Proclamation, and as prescribed by State law, and by
ordinances and resolutions of this County, and
11' IS FURTHER PROCLAIMED AND ORDERED, by the St. Croix County Board
Chair, acting under the powers granted pursuant to Wis. Stat. § 323.14(4)(b), that St, Croix
County, including but, not limited to the St. Croix. County Sheriffs Office, shall do whatever
is necessary and expedient for the health, safety, protection, and welfare of persons aumnd.
properly 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 Wis. Stat. Chs. 341 to 349.
Adopted this 291h day of May, 2020.
David Peterson
St. Croix County Board Chair