Beloit City Manager, Lori Curtis Luther is not an elected official – she is appointed and is supposed to answer to the City Council.  Instead she is calling the all the shots and  rather than holding her accountable, the City Council supports all of her decisions.

On Monday, 3/15/2021, at the 7pm City Council meeting, City Manager Lori Luther is proposing changes to the City Of Beloit’s current emergency ordinance that will give her virtually unlimited power in an “emergency”  and remove all transparency from emergency operations. 

For the last year, we have trusted our city manager to behave lawfully but she has not.  Under state law, committees that are formed under ordinance are subject to open meetings laws.  That means the public can view minutes, attend the meetings  – so the public can be informed of recommendations being suggested and decided.  

According to the current ordinance, when an emergency is declared, the Emergency Management Committee consists of professionals and handles the emergency in a specified manner with meetings subject to open meeting laws so the public can stay informed.

This did not happen in 2020.  Lori ignored the ordinances and did not meet with the people designated under the emergency ordinances, did not meet at the designated locations, did not advise key people of the meetings she was holding, did not hold the meetings open, did not keep minutes, had secret meetings with the school superintendent (allegedly to keep schools closed longer to benefit her family personally), and basically ignored the ordinance designed to protect citizens in the event of a disaster. Ordinances can not be changed because laws are being broken.

In order to hide her illegal activity, Luther is now trying to have the ordinance changed  to give her more power and less transparency going forward.  If this passes and we no longer have an Emergency Management Committee by ordinance, then all accountability and transparency to the public is gone.

Item 8d needs to be REMOVED from the agenda and the current ordinance needs to be enforced. 

Contact every one of the City Councilors and demand this be removed from the agenda or better yet, go to Beloit City Hall at 7pm on 3/15/2021 and speak in person.

Regina Dunkin: 608-751-5108, dunkinr@beloitwi.gov 

Clinton Anderson: 608-302-7913, andersonc@beloitwi.gov

Sherry Blakeley: 608-362-1417 blakeleys@beloitwi.gov

Nancy Forbeck: 608-290-9130 forbeckn@beloitwi.gov

Brittany Keyes: 815-543-6715 keyesb@beloitwi.gov

Kevin Leavy 608-364-4625 leavyk@beloitwi.gov

Mark Prueschl 608-921-0676 preuschlm@beloitwi.gov

You can view the agenda item and proposed changes here or view below with our comments. Luthers Agenda Item 

Below please find the emergency ordinance in its entirety.  Changes Luther is proposing are in RED. Items she wants to remove are struck out. Our notes are italicized 

1.10 – EMERGENCY MANAGEMENT. (Rep. & recr. #3555) 

(1)  AUTHORITY. This section is enacted pursuant to the provisions of Ch. 323, Wis. Stats. 

(2)  POLICY AND PURPOSE. 

(a)  Emergency management requires the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to minimize and repair injury and damage resulting from disasters of all kinds, including enemy action and natural and unforeseen disasters. It is, therefore, necessary to: 

1.  Establish a local comprehensive emergency management plan; 
2.  Provide for the exercise of necessary powers during emergencies resulting from disaster; 
3.  Provide for cooperation and mutual assistance between the City of Beloit and other political subdivisions; and 
4.  Collaborate with private individuals and entities for the purpose of preparing for, responding to, and recovering from such disasters and emergencies. 

(b)  It is further declared to be the purpose of this section and the policy of the City that all emergency management functions of the City shall be carried out pursuant to this section and the comprehensive emergency management plan developed hereunder, as part of a countywide emergency management program to the maximum extent practicable. Existing services and resources of this City shall be used as needed. All of this shall be carried out within the framework of Ch. 323, Wis. Stats. 

(3)  DEFINITIONS. Except as otherwise specifically provided in this section, the definitions outlined in Ch. 323, Wis. Stats. are hereby adopted and, by reference, made a part of this section as if fully set forth herein, including any subsequent amendments or revisions thereto. 

(4)  DIRECTOR OF EMERGENCY MANAGEMENT SERVICES.   Luther wants to change it from Emergency Services to Director of Emergency Management (and appoint herself)

(a)  Appointment . The Fire Chief (city manager), or his/her designee, shall be the Director of Emergency Management for the City of Beloit. For the purposes of this section, any reference to the Director of Emergency Management shall mean the director or his/her designee.  Luther wants to remove the Fire Chief (who should have been involved from the beginning but never acted in this role since March of 2020) and add herself instead. Why is this necessary? Why was the Chief never called to duty for this “emergency”?  Furthermore, why is she appointing herself to this position when she already has a great deal of power as City Manger in section (9)(a)(1)and (2)

(b)  Duties and Authority . 

1.  The Director of Emergency Management shall have direct responsibility for the organization, administration, and operation of emergency management within the framework of the City’s emergency management plan, subject to the direction of the City Manager and the City Council. 

2.  The Director of Emergency Management shall serve as chairperson for the Emergency Management Committee. The Director of Emergency Management may establish subcommittees and/or task forces at any time to enhance training, planning, or to prepare various prevention and response strategies to individual risks. Subcommittees and task forces may contain members of the Emergency Management Committee as well as other selected individuals having specialized knowledge, skills, or training that can assist the City in assessing risk and preparing appropriate responses.   Luther wants to remove this entire section.  Why?  She never did any of it.  The Emergency Management Committee is subject to open meeting laws and she unlawfully chose to ignore this item in the statutes.  She did everything in secret with zero accountability and zero transparency.  Now she wants to make it permanent. She wants to remove all accountability, oversight, and transparency.  Committees and subcommittees with specialized knowledge are a GOOD thing in an actual disaster. 

3.  The Director of Emergency Management shall coordinate all activities for emergency management within the City and shall maintain liaison and cooperate with emergency management in local, state and federal governments. 

4.  The Director of Emergency Management shall prepare a comprehensive plan for the emergency management of the City. 

5.  The Director of Emergency Management shall participate in county and state emergency management activities when requested, and shall have such additional responsibilities as may from time to time be required by the City Manager or the City Council. 

6.  In preparing and executing the emergency management plan, the Director of Emergency Management Services shall utilize the services, equipment, supplies, and facilities of the City to the maximum extent practicable. All City personnel are directed to cooperate with and extend such services and facilities to the Director of Emergency Management Services. 

(5)  EMERGENCY MANAGEMENT COMMITTEE. 

(a)  Membership . There is hereby created a City of Beloit Emergency Management Committee. The Emergency Management Committee shall consist of the City Manager, the City Council President, all City department heads, the Director of Emergency Management, the Deputy Director of Emergency Management Services for Planning, and the Deputy Director of Emergency Management Services for Operations. 

(b)  Powers and Duties . The Emergency Management Committee shall be responsible for advising the City Council and shall have the authority to conduct all matters of business regarding hazard mitigation, emergency planning, response support, and disaster recovery of natural and man-made disasters. 

(c)  Meetings . The Emergency Management Committee shall meet periodically to coordinate emergency preparedness and shall convene as soon as possible upon the declaration of an emergency. Special meetings may be called at the direction of the committee chairperson. 

(d)  Response . Upon notice of a declaration of emergency, each committee member shall respond immediately to the emergency operations center to await further instructions.  Luther wants to remove this entire section (5).  Why?  Because she illegally ignored it for the last year.  She has a full-time job.  Why is she going to be the only one in charge of emergencies? 

The City Council president was supposed to be included in these meetings and had no idea what was going on and was never included.   These meetings would have been subject to open meeting laws.   

This removes transparency and accountability.  It lets her get off the hook for breaking the law since March of 2020 and continue to make unilateral decisions with no oversight, accountability, or transparency.  This isn’t an ‘outdated’ plan from the ‘90s as she told the Daily News. Its necessary in a real disaster.   She just didn’t do it and wants to cover up her illegal activities.

(6)  DEPUTY DIRECTOR OF EMERGENCY MANAGEMENT SERVICES. 

(a)  Appointment . The Director of Emergency Management Services may appoint one or more individuals to serve as Deputy Director(s) of Emergency Management Services to assist with performing emergency management activities. 

(b)  Powers and Duties . A Deputy Director of Emergency Management Services appointed in this section shall be under the supervision of the Director of Emergency Management Services and shall perform such day to day duties as are necessary to support planning, training and coordination of emergency management activities. 

EMERGENCY MANAGEMENT COORDINATOR The Emergency Management Coordinator shall be under the supervision of the Director of Emergency Management and shall perform such day to day duties as are necessary to support planning, training, and coordination of emergency management activities and other duties as assigned. Luther  wants to replace item 6 which used to be a Deputy Director(s) appointed by the Fire Chief during an actual disaster as a temporary position only during the emergency.

She is replacing it with a person chosen by her, in a PERMANENT position (Patti Miller).  Is the emergency going to go on forever?  Why can’t we appoint someone as needed?  What is her role when the emergency ends? 

So now Luther is the self appointed Director of Emergency Management and gets to appoint her own Emergency Management Coordinator to work under her supervision.   There will now be  two positions she will have control over that she did not in the former ordinance.

(7)  EMERGENCY MANAGEMENT PLAN. The Director of Emergency Management Services shall prepare a comprehensive plan for the emergency management of the City of Beloit. Each department of the City shall collaborate with the Director of Emergency Management Services for the purpose of creating an emergency management plan. The emergency management plan created hereunder is hereby approved and adopted by the City Council. The plan shall be filed with the City Clerk and shall be reviewed, updated and submitted to the City Council for approval at least once every 3 years. Luther is trying to strike out history here.  Why remove that the plan was approved and adopted (which is was)?  Also, where is the plan?  Nobody has seen it or knows where to find it. Why isn’t it reviewed and updated every 3 years?

(8)  DECLARATION OF EMERGENCIES. 

(a)  Declaration of Emergency by the City . 

1.  The City Council is empowered by §323.11, Wis. Stats., to declare, by ordinance or resolution, an emergency existing within the City of Beloit whenever conditions arise by reason of a riot or civil commotion, a disaster, or an imminent threat of a disaster, that impairs transportation, food or fuel supplies, medical care, fire, health or police protection, or other critical systems of the City of Beloit. 

2.  The City Council may, by ordinance or resolution, promulgate any orders, rules, and regulations relating to the conduct of persons and the use of property as shall be necessary and expedient to protect the public peace, health, safety, protection and welfare of persons or property, including prohibiting, restricting, and removing all unnecessary traffic, both vehicular and pedestrian, from highways within the City, and to insure the cooperation necessary in emergency management activities. 

3.  The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist. 

(b)  Declaration by the Governor . The Governor for the State of Wisconsin is empowered by §323.10, Wis. Stats., to issue an executive order declaring a state of emergency for the State of Wisconsin, or any portion thereof, if the Governor determines that an emergency resulting from a disaster or the imminent threat of a disaster exists. The state of emergency shall not exceed 60 days, unless the state of emergency is extended by joint resolution of the Wisconsin State Legislature. The executive order may be revoked at the discretion of either the Governor by executive order or the Wisconsin State Legislature by joint resolution.

It is time to END the emergency. There is no emergency.  This is for fires, floods, and tornados, not endemic viruses, especially with treatments and vaccines available.  Citizens should not have to pursue legal action to end emergencies.  They should end at the earliest available opportunity. 

(9)  EMERGENCY MANAGEMENT OPERATIONS AND ORGANIZATION. 

(a)  City Manager . 

1.  The City Manager shall oversee all operations at the emergency operations center and shall have final decision-making authority throughout the state of emergency. 

2.  Whenever necessary to respond to an emergency for which adequate ordinances or resolutions have not been adopted by the City Council, the City Manager, or in his/her absence, the person in charge as determined by the order of succession established in subsection (11), below, may, by proclamation, promulgate and enforce such orders, rules, and regulations that appear necessary and expedient. Any proclamation issued hereunder shall be subject to ratification, alteration, modification or repeal by the City Council as soon as the Council can meet. Subsequent action taken by the City Council shall not affect the validity of the proclamation issued by the City Manager. 

3.  The City Manager shall issue all necessary proclamations, warnings, and alerts as required by the emergency management plan. 

(b)  Emergency Operations Center Manager  Incident Commander.  The Emergency Operations Center Manager Incident Commander will shall be the member of the Emergency Management Committee and will be appointed by the City Manager and generally determined by whose response discipline would be the primary responder to the emergency (i.e. SWAT incident—Police Chief, snow emergency—Public Works Director).   Here is a 3rd staffing position that is appointed by the City Manager.   It also includes the removal of the Emergency Management Committee and its open meetings, transparency, & accountability.  Who is this person currently?  Is it also Luther?

(c)  Operations . 

1.  Upon declaration of a state of emergency affecting the City of Beloit, members of the Emergency Management Committee the City Manager (Luther), all City Department Heads, the Director of Emergency Management (also Luther) and the Emergency Management Coordinator (Patti Miller -who Luther hired)  shall serve as the Emergency Operations Center Command Staff under the general direction of the Director of Emergency Management Coordinator. (Also Luther) Additional staff may be appointed or designated to serve on the committee depending upon the emergency type, length or duration. So in an “emergency”, Luther is not only the director, but holds two positions under herself in the Command Staff and a 3rd command staffer is a person she appoints. She is in charge of 4 positions in an emergency with no transparency, accountability, or oversight.  Keep in mind she did this anyway unlawfully since March of last year and is attempting to change the ordinance to cover her tracks. 

2.  Normal City operations shall continue unless suspended by order or directive of the City Manager. The City Manager may require City personnel to perform services performed in the normal and general course of employment to address the state of emergency. 

3.  The Emergency Operations Center Command Staff shall plan, direct, coordinate, and control all facets of emergency management operations from the moment an emergency has been formally declared and until the state of emergency is formally lifted. 

4.  During a state of emergency, the City Manager may contract with any person to provide equipment or services to be used to respond to a disaster, or the imminent threat of a disaster. 

(10)  LOCATION OF EMERGENCY OPERATIONS CENTER. The emergency operations center shall be located the Beloit Police Department Briefing Room at 100 State Street in the City of Beloit unless that site becomes unsuitable or unusable. In the event that the primary emergency operations center becomes unsuitable or unusable, the emergency operations center shall be located at the Fire Department Headquarters at 1111 Church Street in the City of Beloit. The emergency operations center shall serve as the primary location and control facility from which members of the Emergency Management Committee and their designees shall direct emergency management activities within the City.  Luther wants to remove this entire section because she never did it.   She ignored statutes unlawfully.   This Center is necessary as a meeting place in an actual emergency such as a tornado as a primary location and control facility.

(11)  SUCCESSION TO OFFICE. During an emergency, and in the absence of the City Manager, interim successors to the Office of the City Manager shall be in the order listed below: 

(a)  City Attorney. 

(b)  Police Chief. 

(c)  Fire Chief. 

(d)  Finance and Administrative Services Director. 

(12)  MUTUAL AID AGREEMENTS. The City Manager may, subject to the approval of the City Council, enter into mutual aid agreements with other political subdivisions, agencies, and federally recognized American Indian tribes and bands of this state, and, upon prior approval of the Adjutant General, with such entities in bordering states. A copy of each agreement shall be filed with the Office of the Adjutant General of the Department of Military Affairs within 10 days after execution of the agreement. 

(13)  PROHIBITED CONDUCT. No person shall willfully obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any order, rule, regulation, or plan issued pursuant to this section, or violate any order, rule, regulation, or plan issued pursuant to the authority contained in this section. Any person who shall violate any provision of the section shall upon conviction thereof be subject to a penalty as provided in §25.04 of this code.