Colorado § 24-33.5-705 - Office of emergency management - creation.

§ 24-33.5-705. Office of emergency management - creation.

(1) The office of emergency management is created within the division of homeland security and emergency management in the department of public safety. The office of emergency management exercises its powers, duties, and functions as a type 2 entity, as defined in section 24-1-105. Pursuant to section 13 of article XII of the state constitution, the director of the division of homeland security and emergency management shall appoint a director as head of the office of emergency management.

(2) The office of emergency management shall create a comprehensive emergency management program that includes policies, plans, and procedures that address the preparation, prevention, mitigation, response, and recovery from emergencies and disasters. The office shall prepare, maintain, and keep the program current in order to meet the needs of the state.

(3) The office of emergency management shall take part in the development and revision of local and interjurisdictional emergency management plans prepared under section 24-33.5-707. To this end the office of emergency management shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, their emergency management agencies, and interjurisdictional planning agencies. Such personnel shall consult with political subdivisions and emergency management agencies and shall make field examinations.

(4) In preparing and revising the state emergency management program, the office of emergency management shall ensure a participatory process that includes the assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations, academia, other state government agencies, and community leaders.

(5) The state emergency management program or any part thereof may be incorporated in regulations of the office of emergency management or executive orders that have the force and effect of law.

(6) The office of emergency management may do all things necessary for the implementation of this section, including:

(a) Hiring personnel;

(b) Contracting with federal, state, local, and private entities;

(c) Accepting and expending federal funds.

(7) Whenever the office of emergency management or the division of emergency management in the department of local affairs is referred to or designated by any contract or other document, such reference or designation shall be deemed to apply to the office of emergency management in the division of homeland security and emergency management in the department of public safety.

(8) (a) Effective July 1, 2012, the office of emergency management in the division of homeland security and emergency management in the department of public safety shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested previously in the division of emergency management in the department of local affairs.

(b) (I) On July 1, 2012, all positions of employment in the division of emergency management in the department of local affairs shall be transferred to the office of emergency management in the division of homeland security and emergency management in the department of public safety and shall become employment positions therein.

(II) On July 1, 2012, all employees of the division of emergency management in the department of local affairs shall be considered employees of the office of emergency management in the division of homeland security and emergency management in the department of public safety. Such employees shall retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous.

(III) On July 1, 2012, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the division of emergency management in the department of local affairs are transferred to the office of emergency management in the division of homeland security and emergency management in the department of public safety and shall become the property thereof.

(c) Unless otherwise specified, whenever any provision of law refers to the division of emergency management, that law shall be construed as referring to the office of emergency management in the division of homeland security and emergency management in the department of public safety.

(d) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the division of emergency management in the department of local affairs, or any officer thereof in such officer's official capacity or in relation to the discharge of the official's duties, is abated by reason of the transfer of duties and functions in this section.

Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1077, § 10, effective July 1. L. 2018: (1) to (5) amended, (HB 18-1394), ch. 234, p. 1463, § 6, effective August 8.

Editor's note: This section is similar to former § 24-32-2105 as it existed prior to 2012.