Executive Order  No. 27: Control of resources and property by state Civil Defense Agency in civil defense emergencies

WHEREAS, Acts of 1950, Chapter 639, Section 5(b) authorizes the governor, during a state of emergency declared under the provisions of said Section 5, to take possession of and use property as specified in said Section; and

WHEREAS, Acts of 1950, Chapter 639, Section 7, further authorizes the governor to have and to exercise, during such state of emergency, in addition to any other authority vested in him by law, any and all authority over persons and property necessary or expedient for meeting said state of emergency which the General Court may constitutionally confer upon the Governor as supreme executive magistrate of the Commonwealth and commander-in-chief of the military forces thereof; and

WHEREAS, Acts of 1950, Chapter 639, Section 5(a), 11(c), 16 and 20 confer certain authority upon the Governor with respect to employment of the resources of the Commonwealth and its political sub-divisions for the performance of civil defense functions; and

WHEREAS, Acts of 1950, Chapter 639, Section 8, authorizes the Governor to exercise any power, authority or discretion conferred on him by any provision of said Chapter 639 which requires preparation in anticipation of a declaration of a state of emergency through such department or agency of the Commonwealth or its political subdivisions, or through such person, as he may direct, and to prescribe regulations governing the conduct of such department, agency or person in so acting; and

WHEREAS, the probable conditions in a state of emergency declared because of enemy attack, sabotage or other hostile action, would permit effective exercise of certain emergency powers conferred upon the Governor only by the exercise of such powers through various department or agencies of the Commonwealth or its political subdivisions or through various persons; and

WHEREAS, it is necessary that such departments, agencies and persons be acquainted with such facts and with the regulations herein or hereafter to be prescribed governing their conduct in so acting, in advance of such state of emergency:

NOW, THEREFORE, I, Christian A. Herter, Governor of the Commonwealth, acting under the authority conferred upon me by Acts of 1950, Chapter 639, and in particular Sections 2, 4, 5, 7, 8, 11(c), 16 and 20 therof, and all other authority vested in me by law, do hereby issue this order as a necessary preparatory step in advance of disaster and as part of the plan and program for the civil defense of the Commonwealth.

PART I - DEFINITIONS

1. As used in this order the following terms shall have the following meanings:

a. Chapter 639: Chapter 639 of the Acts of 1950, as amended.

b. State Director: The Director of Civil Defense appointed under Section 2 of Chapter 639.

c. Area: The Civil Defense Areas established by Executive Order No. 26.

d. Sector: The Civil Defense Sectors established by Executive Order No. 26, except Sectors 1A and 3A.

PART II - CONTROL OF RESOURCES

2. Upon the occurrence of disaster resulting from enemy attack, sabotage or other hostile action or from natural causes, and provided that a state of emergency has been proclaimed by the Governor under Section 5 of Chapter 639 because of such disaster, the State Director and, subject to the direction and control of the State Director, each Area and Sector Director appointed under the provisions of Executive Order No. 26, are respectively authorized to order resources of the Commonwealth or of its political subdivisions located within the Commonwealth, Area or Sector respectively, to be used to perform civil defense functions, as defined in Section 1 of Chapter 639, anywhere within the Commonwealth, Area or Sector, respectively for the purpose of combating the effects of such disaster, it being the intention of this provision to exercise through said State, Area and Sector Directors the authority conferred upon the Governor by Chapter 639 and in particular Sections 5(a), 7, 11(c), 16 and 20. The term "resources" as used in this section shall include officers, employees and volunteer personnel of the Commonwealth and its political subdivisions, and equipment, supplies, materials and facilities owned or controlled or otherwise available for civil defense use by the Commonwealth or its political subdivisions.

3. The authority conferred upon the State Director by Section 2 of this order and by Administrative Order No. 8, issued October 24, 1951, may be exercised, in the absence or disability of the State Director and Deputy State Director, by such members of the staff of the Civil Defense Agency as the State Director may designate by a writing filed in the office of the State Secretary, such authority to be exercised by such staff members successively and in such order as may be indicated in such writing by the State Director.

4. The authority conferred upon the State Director by Section 2 of this order, and by Administrative Order No. 8, issued October 24, 1951, may be exercised, subject to such terms and conditions as the State Director may determine, by an Area or Sector Director, provided, however, that such authority may be exercised by said Area or Sector Director only with respect to resources of the Commonwealth or its political subdivisions located within the Area or Sector.

PART III - EMERGENCY PROCUREMENT AND EMERGENCY REGULATIONS

5. Upon the occurrence of disaster resulting from enemy attack, sabotage or other hostile action, and provided that a state of emergency has been proclaimed by the Governor under Section 5 of Chapter 639 because of such disaster, each city and town in the Commonwealth is hereby authorized, subject to the limitations set forth in Sections 9 and 10 of this order, in the event disaster or shortage makes such action necessary to take possession, in the name of the Commonwealth, of any property, real or personal, located within said city or town, needed to combat the effects of such attack, sabotage or other hostile action, and to use such property for the performance of civil defense functions as defined in Section 1 of Chapter 639 including any functions ordered to be performed by the State, Area or Sector Director under the authority of Section 2 of this order, it being the intention of this provision to exercise through the cities and towns of the Commonwealth, the authority conferred upon the Governor by Sections 5 and 7 of Chapter 639. The authority herein contained shall be exercised in behalf of each city or town by its Director of Civil Defense subject to the direction and control of the appointing authority specified in Section 13 of Chapter 639.

6. The State Director is hereby authorized and directed to prescribe appropriate regulations for the implementation of the authority contained in Section 5 of this order, including provision for designation of authorized procuring and receiving officers in each city and town by its Director of Civil Defense and the keeping of the records prescribed by Section 5(b) of Chapter 639, and such other records as may be appropriate or necessary for implementation of the provisions of Section 5(c) of Chapter 639.

7. Upon the occurrence of disaster resulting from enemy attack, sabotage or other hostile action, and provided that a state of emergency has been proclaimed by the Governor under Section 5 of Chapter 639 because of such disaster, the Mayor and Council in cities and the Selectmen in towns are hereby authorized, subject to the limitations set forth in Sections 9 and 10 of this order, to prohibit, restrict or require, within their respective cities and towns, in whole or in part, the movement of persons or vehicles so far as may be reasonably necessary to make possible or facilitate the performance of any civil defense function as defined in Section 1 of Chapter 639, including any function ordered to be performed by the State, Area or Sector Director under the authority of Section 2 of this order, and to prohibit or restrict within their respective cities and towns, in whole or in part, the sale, lease, rental, loan, donation or distribution of property, real or personal, at wholesale or retail or otherwise, so far as may be reasonably necessary to make possible or facilitate the performance of any civil defense function as herein before defined, or to prevent the exhaustion or depletion of stocks of necessaries of life, including food, fuel, clothing, medical supplies, shelter and gasoline, or to prevent or minimize any threat to the public health or safety.

8. Any order or regulation issued under the authority of Section 7 of this order shall, when issued or as soon thereafter as circumstances shall reasonably permit, be reduced to writing and signed by all or a majority of the persons by whom such order or regulation shall have been issued. One copy of said order or regulation shall be filed with the clerk of the city or town in which it was issued, and one copy shall be forwarded, as soon as circumstances shall reasonably permit, to State Civil Defense Headquarters. Appropriate notification shall be given to the public of each such order or regulation as issued.

9. The authority contained in Sections 5 and 7 of this order shall be exercised only during the period of forty-eight (48) hours immediately following the commencement of each attack, sabotage or other hostile action, or until notification shall have been received from the Governor or the State Director withdrawing the authority contained in Sections 5 or 7.

10. The authority contained in Sections 5 and 7 of this order shall be exercised in conformity with any regulation or regulations governing the procurement of property, the movement of persons or vehicles or the sale, lease, rental, loan, donation or distribution of property, following enemy attack, sabotage or other hostile action, that may hereafter be promulgated by or upon the authority of the Governor of the Commonwealth or by any authorized official or agency of the Government of the United States.

PART IV - PROVISIONS APPLICABLE TO LOCAL ORGANIZATIONS FOR CIVIL DEFENSE

11. In order to be organized in accordance with the state civil defense plan and program, as required by Section 13 of Chapter 639, each local organization for civil defense shall, so far as practicable, be organized to provide the following services: communications; education; engineering; facilities; fire; medical; police; rescue; supply; transportation; utilities; water; welfare; and, in addition, the following staff functions: administration; legal; operations; planning; public information; religious activities; women's activities.

12. For the purpose of carrying out the civil defense program and the provisions of this order, the management, control and direction of an organized police or fire-fighting force or department, including the auxiliaries authorized by Section 11(a) of Chapter 639, shall continue in its duly constituted officers who shall confer, consult and co-operate with the director of the local organization for civil defense in all matters pertaining to the civil defense program.

13. All personnel dispatched for service in another city, town, district, sector, area or state, under the provisions of this order, or of administrative Order No. 8, shall, while on such service, have the same powers, duties, rights, privileges and immunities as if they were performing their duties within the Commonwealth in the city, town, district, sector or area in which normally employed or rendering service, except that in case of service in another state, the powers, duties, rights, privileges and immunities of such personnel shall be determined by the laws of said state and any compact in force between such state and this Commonwealth. Such personnel shall continue under the control of their regular leaders, but organizational units will come under the operational control of the civil defense authorities of the City, town, sector, area or state into which sent.

14. Police personnel dispatched for service pursuant to the provisions of this order shall not be used or called upon for service in any industrial dispute unless actual violence has occurred therein and then only by order of the Governor, provided, however, that in no case shall auxiliary police be used or called upon for service as such in any industrial or labor dispute or to regulate picketing in connection with a strike, and provided further that auxiliary police shall not be sent out of the city or town in which appointed except in compliance with Section 11(d) of Chapter 639 as inserted by Acts of 1951, Chapter 434.

PART V - REVOCATION OF CERTAIN EXECUTIVE ORDERS

15. Executive Order Nos. 3,4,5,6,7,8,10,11,12 and 16 are hereby terminated, provided, however, that such termination shall not affect the validity of any action heretofore taken under the authority thereof.

GIVEN at the Executive Chamber in Boston, this 23rd day of June, in the year of our Lord, one thousand nine hundred and fifty-five, and of the Independence of the United States of America, the one hundred and seventy-ninth.

By His Excellency the Governor,

CHRISTIAN A. HERTER

EDWARD J. CRONIN

Secretary of the Commonwealth