Oregon Revised Statutes

Or. Rev. Stat. § 401.305 (2026)

Emergency management agency of city, county or tribal government; emergency program manager; coordination of emergency management functions

✓ current as of May 2026
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      401.305 Emergency management agency of city, county or tribal government; emergency program manager; coordination of emergency management functions. (1) As used in this section, “tribal government” means a federally recognized sovereign tribal government operating within the borders of this state or an intertribal organization formed by two or more federally recognized sovereign tribal governments operating within this state.

      (2) Each county of this state shall, and each city or tribal government may, establish an emergency management agency that is directly responsible to the executive officer or governing body of the county, city or tribe.

      (3) The executive officer or governing body of each county, and any city or tribe that participates, shall appoint an emergency program manager who is responsible for the organization, administration and operation of the emergency management agency, subject to the direction and control of the county, city or tribe.

      (4) When a city or tribal government has an emergency management agency, the city or tribal government, as applicable, and the counties within which the city or tribal government operates shall jointly establish policies that:

      (a) Provide direction and identify and define the purpose and roles of the individual emergency management programs;

      (b) Specify the responsibilities of the emergency program managers and staff; and

      (c) Establish lines of communication, succession and authority of elected officials for an effective and efficient response to emergency conditions.

      (5) Each emergency management agency shall perform emergency program management functions within the territorial limits of the county, city or tribal government and may perform the functions outside the territorial limits as required under any mutual aid or cooperative assistance agreement or as requested and authorized by the county or city in whose territorial limits the emergency functions are performed.

      (6) The emergency management functions include, at a minimum:

      (a) Coordination of the planning activities necessary to prepare and maintain a current emergency operations plan, management and maintenance of emergency operating facilities from which elected and appointed officials can direct emergency and disaster response activities;

      (b) Establishment of an incident command structure for management of a coordinated response by all local emergency service agencies; and

      (c) Coordination with the Oregon Department of Emergency Management to integrate effective practices in emergency preparedness and response as provided in the National Incident Management System established by the Homeland Security Presidential Directive 5 of February 28, 2003. [1983 c.586 §12; 1993 c.187 §9; 2005 c.825 §11; 2013 c.189 §2; 2021 c.539 §35]

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2003–2021 · leading case: Thames Shipyard & Repair Co. v. United States, 350 F.3d 247 (1st Cir. 2003).
Thames Shipyard & Repair Co. v. United States, 350 F.3d 247 (1st Cir. 2003). “On land, it may be presumed that a trained law enforcement official has more knowledge than an average person about an impending emergency, such as a storm or a fire. At sea, however, a captain’s expertise regarding his ship places him in the best position to determine the…”
Mankins Fam. LLC v. Tillamook Cnty. Oregon (D. Or. 2021). “It was under ORS 401.305 and ORS 401.309 that the County exercised its police power to slow the spread of COVID-19 by discouraging tourism.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.