Oklahoma Emergency Management Act of 2003 - Gubernatorial Emergency Powers

Gubernatorial Emergency Powers

Under the Emergency Management Act, the Governor of Oklahoma gains vast and comprehensive emergency powers. However, the emergency powers provided to the Governor are operative only during the existence of a natural or man-made emergency. The existence of such an emergency must be proclaimed by the Governor through executive declaration or by the Legislature by concurrent resolution for the Governor to exercise such powers. Any emergency, whether proclaimed by the Governor or by the Legislature, may be terminated by the proclamation of the Governor or by the Legislature with a concurrent resolution terminating such emergency.

Upon an emergency being declared, the Governor must activate the Emergency Operations Plan. This allows the Governor to assume direct regulatory control over all essential resources of the state. It is then the responsibility of the Governor to determine the priorities of such resources and allocate them as he deems necessary. The Emergency Management Act defines "resources" as:

...all economic resources within including but not limited to food, manpower, health and health manpower, water, transportation, economic stabilization, electric power, petroleum, gas, and solid fuel, industrial production, construction and housing. —Oklahoma Emergency Management Act of 2003

In exercising his emergency powers, the Governor is empowered to (limited) rule by decree in the realm of public security. The Emergency Management Act requires the Governor "to enforce all laws, rules and regulations relating to emergency management" and grants him the authority to assume "direct operational control of any or all emergency management forces" in the state. Such forces include the Oklahoma National Guard, the Oklahoma Highway Patrol, and local police and sheriff departments. As such, the Governor has the authority to make, amend, and rescind necessary orders and rules to carry out the provisions of the Emergency Management Act.

If, in the Governor's opinion, an evacuation of any or all of the population of any disaster stricken or threatened area within the state is necessary, the Governor is empowered to take such steps as are necessary for the evacuation as well as the receipt and care of such evacuees. The Act grants the Governor the power to:

...perform and exercise such other functions, powers, and duties as are necessary to promote and secure the safety and protection of the civilian population and to carry out the provisions of the Emergency Operations Plan in a national or state emergency. —Oklahoma Emergency Management Act of 2003

To enforce his orders, the Governor gains the power of emergency gubernatorial dismissal. Should any public official exercising power under the Oklahoma Constitution willfully fail to obey any order, rule or regulation issued by the Governor, the Governor may remove said official from office. Such removal, however, can only become effective after charges have been served to the affected official and the official has been given an opportunity to defend himself/herself. Pending the preparation and disposition of charges, the Governor may suspend such official for a period not exceeding thirty days. Any vacancy resulting from gubernatorial emergency dismissal or suspension is filled by an appointment made by the Governor. The appointee serves until the office can be filled as otherwise provided by law. The only officers not subject to this emergency removal process are the statewide executive offices, the Justices of the Oklahoma Supreme Court, and the members of the Oklahoma Legislature. However, these officers do not possess the power to prevent the Governor from fulfilling his duties pursuant to the Emergency Management Act.

Read more about this topic:  Oklahoma Emergency Management Act Of 2003

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