RESOLUTION DECLARING A STATE OF EMERGENCY IN THE CITY OF BILOXI, MISSISSIPPI, AND AUTHORIZING THE MAYOR TO DO ALL THINGS REASONABLE AND NECESSARY TO PROTECT THE IMMEDIATE HEALTH AND SAFETY OF THE CITY=S CITIZENS; AND FOR RELATED PURPOSES

Resolution No. ________

RESOLUTION CONTINUING THE DECLARATION OF A STATE OF EMERGENCY IN THE CITY OF BILOXI, MISSISSIPPI, AND AUTHORIZING THE MAYOR TO DO ALL THINGS REASONABLE AND NECESSARY TO PROTECT THE IMMEDIATE HEALTH AND SAFETY OF THE CITY’S CITIZENS; AND FOR RELATED PURPOSES

WHEREAS, due to the imminent devastation likely to result from oil approaching the City of Biloxi shoreline from the “BP Deepwater Horizon Oil Spill” a state of emergency exists in the City of Biloxi and has been so declared by Mayor A.J. Holloway and by the City Council; and

WHEREAS, pursuant to the laws of the State of Mississippi the City of Biloxi has the power to enter into contracts, incur obligations necessary to combat disaster, provide for the health and safety of persons and property, including emergency assistance to the victims of the disaster, without regard to the time-consuming procedures and formalities prescribed by law pertaining to the performance of public works, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, and the appropriation and expenditure of public funds; and

WHEREAS, Section 15-1-21 of the Code of Ordinances of the City of Biloxi provides for changes of an employee’s normal schedule, including in cases of emergencies declared by the Mayor and City Council; and

WHEREAS, it is necessary to spread on the minutes the schedule to be followed by city employees during this declared emergency.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILOXI, MISSISSIPPI, THAT:

SECTION ONE: That a state of emergency exists in the City of Biloxi, Mississippi, and the Mayor of the City of Biloxi, Mississippi, is hereby authorized to do all things reasonable and

necessary to accomplish the aforesaid purposes; to appropriate and expend funds, make contracts and provide for the health and safety of persons and property, including emergency assistance, subject thereafter to the consent and approval of the City Council.

SECTION TWO: That the Mayor of the City of Biloxi is further authorized to assign and make available for duty the employees, property or equipment of the City relating to fire fighting, engineering, rescue, health, medical and related service, police, transportation, construction, and similar items or services for emergency management purposes either within or outside the municipal limits.

SECTION THREE: That the Mayor of the City of Biloxi may further authorize the use of municipally owned equipment and such public employees as necessary to venture onto private property to aid in removing debris and oil spill related damage and to prevent further damage to such property at the request of the property owners and to perform any other necessary and needed services to prevent the spread of disease or any other health hazard to the community at large.

SECTION FOUR: At all relevant times during the period of the emergency declaration, the following shall apply: All exempt and non-exempt employees shall be identified for purposes of emergency reporting and pay as either essential or non-essential personnel. The Mayor may, in his discretion, release non-essential exempt and/or non-exempt employees from work. Non-essential personnel who are released during their regularly scheduled hours of work may be paid their regular salary or hourly rate of pay without utilizing leave for hours in which they were released from work during the emergency time period. Such hours will not count as hours worked for the calculation of overtime. During the emergency time period, the Mayor may, in his discretion, require certain employees to continue to work or call employees back to work with or without any prior notice.

Essential personnel who are required to work during the emergency time period shall be paid under their regular overtime pay policy. Employees who are scheduled or called in to work and do not report for work may be subject to disciplinary action and/or required to take leave.

SECTION FIVE: This Resolution is void at the end of thirty (30) days.