THE ILLINOIS CIVIL DEFENSE ACT—1958
THOMAS A. MATTHEWS, League Consultant

In 1957 The Civil Defense Act which is found in Illinois Revised Statutes, Chapter 127, Paragraph 269 and following, was amended so as to cover not only disaster due to hostile action but also resulting from the explosion of atomic or other bombs or missiles whether by means of sabotage, or other disloyal actions, or from fire, flood, earthquake or other natural causes. The Civil Defense Act is designed to establish a state wide organization, with local units, to minimize the effect of such a disaster.

The Act does not by its terms extend to disasters resulting from explosions or accidents not connected with the explosion of a bomb or missile or not in connection with fire, flood, or other natural causes. We feel, however, that the local Civil Defense organization may be used to mitigate the danger caused by any such accident even though it is not included within the definition contained in the statutes.

The Illinois Civil Defense Act creates a State Civil Defense Agency, headed by a Director of Civil Defense appointed by the Governor, and a Civil Defense Advisory Council consisting of the Director of Public Safety, the Adjutant General, the Director of Public Health, and Director of Public Welfare, the Director of Public Works and Buildings, the Director of Conservation, the Secretary of State, and five other members to be appointed by the Governor. Mobile Support Teams to aid stricken areas are authorized. They would be led, manned and trained by the local Civil Defense organizations, and would be subject to duty only in time of emergency and at the call of the Governor or the Director.

The Governor is authorized and directed to prepare a comprehensive plan and program for civil defense of the State, in cooperation with the Federal Government and with the authorities of neighboring states.

In the event of an actual enemy attack, or disaster due to the explosion of atomic or other bombs or missiles by means of sabotage or hostile action or resulting from fire, flood, earthquake or other natural causes, the Government may declare that a Civil Defense emergency exists. Then, for a period of thirty days, he may, on behalf of the State, take possession of such equipment, materials, or commodities as are needed to alleviate the effects of such disaster, and secure such services as may be required by the exigencies of the occasion. Provision is made for compensation for proper payment for services rendered.

Each municipality is authorized to create a local organization for Civil Defense, with at its head a local Director. The statute states that the local Director shall be appointed by the Chief Executive Officer of the city or village in the same manner as are the heads of regular Governmental Departments; where the managerial form has been adopted by referendum this probably means that the manager makes the appointment.

The local Director has direct responsibility for the organization, administration, training and operation of the local organization subject to the direction of the Chief Executive of the city or village. The local organization for civil defense shall perform such civil defense functions within the municipality as may be prescribed by the State Civil Defense Plan and Program established by the Governor. Agreements may be made between neighboring municipalities, for mutual aid.

The statute provides that the State shall reimburse each political subdivision or municipality for any compensation paid or expenses incurred by members of the civil defense unit if called by the Governor as a Mobile Support Team to serve outside the municipality; and reimbursement is provided the actual expenses of training of local defense organizations when such training is prescribed by the State Director.

Personnel of Civil Defense while engaged in regular scheduled Civil Defense training, are for the purpose covered by Workmen's Compensation as though they were State employees (Chapter 127, Paragraph 277).

If any member of a Mobile Support Team is also a paid municipal employee or officer, he shall receive while serving as a member of the Mobile Support Team the same compensation provided for his position and shall be protected insofar as pension, retirement, and disability benefits are concerned as though he were serving at his regular duties.

An appropriation may be made for expense of the civil defense organization, and such appropriation may be made for the current year in addition to all other appropriations it the annual appropriation ordinance has been passed without such civil defense items. A tax levy of not to exceed five cents per hundred dollars of assessed value, and in any event not to exceed twenty-five cents per capita, may be levied to provide money for the civil defense organization. This may be Included in the tax levy ordinance as a special tax in addition to all other taxes. The appropriation and levy for civil defense purposes should be itemized in the same manner as other appropriations are itemized, in view of the decision in People v. Bue, 403 Ill. 232.

The statute is silent as to the authority to provide special compensation for members of the civil defense organization who are not municipal employees or officers, but it would seem reasonable that the appropriation for civil defense could be used for the purchase of needed supplies or materials, and also for reasonable compensation for time spent in training, and perhaps for a clerk or secretary to keep the records.

Each civil defense organization is required to execute and enforce the orders and rules made by the Governor as part of the State civil defense plan.

Every member of the local civil defense organization is required to take an oath prescribed by the Act, and the Act specifically provides that no civil defense organization shall be used, directly or indirectly for political purposes.

In the event of a disaster caused by hostile action, the explosion of bombs or missiles by means of sabotage, or disaster due to fire, flood, earthquake or other natural causes, the municipality, to minimize the effects of the disaster and render emergency treatment to persons injured, may authorize the making of purchases needed for the emergency; and such purchases may be made without regard to the requirements of a prior appropriation or action by the governing body which ordinarily restricts the contract making or debt incurring powers of the city or village.

The Civil Defense Act applies only to the type of disaster mentioned in the Act. It does not apply to disasters from other than natural causes, not connected with hostile action or the explosion of missiles or bombs, such as explosions not caused by bombs, collapse of buildings, or similar accidents. However, the civil defense organization could be used in the event of such accidents to minimize the harmful results.

National Civil Defense authorities have been concerned about the possibility of municipal officials—including the members of the council or board— being incapacitated or killed in such large numbers as to paralyze normal municipal functions as well as emergency activities. It has been suggested that provision be made tor emergency filling of vacancies in such event. For that purpose the final paragraph of the appended ordinance has been added. Such a provision for continuity in office does not presently have any statutory authority.

The following is an ordinance designed to establish a local Civil Defense unit and to set up a method of procedure.

Page 124 / Illinois Municipal Review / June 1958

An Ordinance Relating to Local Civil Defense

BE IT ORDAINED by the City Council, city of ............. Illinois, (or President and Board of Trustees of the village of ........... Illinois) that:

Section 1. Establishment.) There is hereby created and established the local organization for civil defense tor this municipality, to prevent, minimize, repair and alleviate injury or damage resulting from disaster caused by hostile action, enemy attack, the explosion of bombs or missiles due to sabotage or other disloyal acts or disasters due to fire, flood, earthquake, or other natural causes, in accordance with the Illinois Civil Defense Act.

The Civil Defense organization shall consist of the Director and ... additional members to be selected by the Director.

Section 2. Director.) The director of the municipal civil defense organization shall be appointed by the mayor with the consent of the city council and shall serve until removed by the same.

The director shall have direct responsibility for the organization, administration, training and operation of the civil defense organization, subject to the direction and control of the mayor as provided by statute.

In the event of the absence, resignation, death or inability to serve of the director, the mayor or any person designated by him, shall be and act as director until a new appointment is made as provided in this article.

(In villages the director would be appointed by the President and Board of Trustees, but where the managerial form has been adopted by referendum vote it is probably the manager who makes such appointment.)

Section 3. Functions.) The local civil defense organization shall perform such civil defense functions within the municipality as shall be prescribed in and by the State civil defense plan, and program prepared by the Governor, and such orders, rules and regulations as may be promulgated by the Governor, and in addition shall perform such duties outside the corporate limits as may be required pursuant to any mutual aid agreement with any other municipality or quasi-municipality entered into as provided by "The Illinois Civil De-tense Act."

The local civil defense organization shall also, when called upon by the mayor (Village President) take whatever steps that can be taken to prevent, minimize, repair and alleviate injury or damage resulting from any explosion, accident or other event of disastrous extent in the municipality in addition to rendering such service in the event of disaster due to natural causes, hostile action, or explosion of bombs or missiles.

Section 4. Service as Mobile Support Team.) All or any member of the municipal civil defense organization may be designated as members of a Mobile Support Team created by the State Director of Civil Defense as provided by law.

The "leader" of such Mobile Support Team shall be designated by the director of the municipal defense organization.

Any member of a Mobile Support Team who is a municipal employee or officer while serving on call to duty by the Governor, shall receive the compensation and have the powers, duties, rights and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the municipality, while so serving, shall receive from the State reasonable compensation as provided by law.

Section 5. Agreements with other municipalities.) The director of the civil defense organization may negotiate mutual aid agreements with other municipal corporations or political subdivisions of the State, but no such agreement shall be effective until it has been approved by the City Council, and by the State Director of Civil Defense.

Section 6. Emergency action.) If the Governor declares a civil defense emergency exists it shall be the duty of the municipal civil defense organization to cooperate fully with the State Civil Defense Agency and with the Governor in the exercise of emergency powers as provided by law.

Section 7. Compensation.) Members of the civil defense organization who are paid employees or officers of the municipality, if called for training by the State Director of Civil Defense, shall receive for the time spent in such training, the same rate of pay as is attached to the position held; members who are not such municipal employees or officers shall receive for such training time such compensation as may be established by the city council.

Section 8. Reimbursement by State.) The Treasurer may receive and allocate to the appropriate fund, any reimbursement by the State to the municipality for expenses incident to training members of the civil defense organization as prescribed by the State Director, compensation for services and expenses of a Mobile Support Team while serving outside the municipality in response to a call by the State Civil Defense Agency, and any other reimbursement made by the State Incident to civil defense-activities as provided by law.

Section 9. Purchases and expenditures.) The city council may, on recommendation of the Municipal Director of Civil Defense, authorize any purchase or contracts necessary to place the municipality in a position to combat effectively any disaster, from natural causes and to protect the public health and safety, protect property and provide emergency assistance to victims In the case of such disaster.

In the event of any disaster due to hostile action, or the explosion of bombs or missiles by sabotage or other disloyal acts, or from fire, flood, earthquake or other natural causes, where the disaster has resulted in the Governor declaring a civil defense emergency to exist in the municipality, or is of such proportion as to amount to such a disaster as would warrant such declaration by the Governor, the local director of civil defense is authorized, on behalf of the municipality to procure such services, supplies, equipment or materials as may be necessary to meet the emergency, without regard to the statutory procedures or formalities normally prescribed by law as a necessary prerequisite to incurring an indebtedness against a municipality, as authorized by "The Illinois Civil Defense Act" provided that if the city council (Board of Trustees) meets at such time he shall act subject to the directions and restrictions imposed by that body.

Section 10. Oath.) Every person appointed to serve in any capacity in the municipal civil defense organization shall, before entering upon his duties, subscribe to the following oath, which shall be filed with the director:

"I, ............. do solemnly swear (or affirm) that I will support and defend and bear true faith and allegiance to the constitution of the United States and the constitution of the State of Illinois, and the territory, institutions and facilities thereof, both public and private, against all enemies, foreign and domestic; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I nor have I been a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence; and that during such time as I am affiliated with the municipal civil defense organization, I will not advocate or become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence."

Section 11. Office.) The mayor (president) is authorized to designate space in the city hall, or elsewhere as may be provided for by the city council for the municipal civil defense organization as its office.

(Continued on page 134)

Page 125 / Illinois Municipal Review / June 1958

ILLINOIS CIVIL DEFENSE ACT—1958

(Continued from page 126)

Section 12. Appropriation—Levy of taxes.) The city council may make an appropriation for civil defense purposes, and may levy therefor a tax not to exceed five cents per one hundred dollars of the assessed value of all taxable property in addition to all other taxes, as provided by "The Illinois Civil Defense Act."

Section 13. Continuity in Office.) In the event that at the time or as a consequence of any disaster or occurrence described in the first section of this ordinance the incumbent of any municipal office, position or place of employment shall be killed or rendered incapable of performing the duties of such office or position, such office or position shall be filled, until such time as a successor can be selected in the manner prescribed by law in the following manner: Any such vacancy shall for the emergency period be filled by appointment by the following, in order of preference: The Mayor (Village President), the remaining members of the City. Council (Board of Trustees); the Municipal Manager; the Clerk, the Civilian Defense Director; the Chief of Police; Chief of the Fire Department.

The person appointed in the manner prescribed herein to fill any such office or position shall exercise all the duties and powers of that position during the emergency and until such time as a successor can be appointed or selected in the manner provided by law.

PASSED this .... day of ..........1958.

ATTEST:............ Approved:.................

Page 134 / Illinois Municipal Review / June 1958