The obligation to provide emergency planning coordination applies to all political subdivisions in Missouri, including constitutional charter cities. Insofar as Section 44.080 designates the executive officer of a political subdivision as the person responsible for civil defense planning, it is inapplicable to constitutional charter cities. Each charter city is entitled to designate the person responsible for supervision of its civil defense obligation. With regard to the city of Springfield, the terms of its Charter presently would appear to empower only the city manager to supervise or carry out these functions, but other provision could be made by amending the Charter.

CIVIL DEFENSE: CITIES, TOWNS & VILLAGES : CONSTITUTIONAL CHARTER CITIES: The obligation to provide emergency plannin~ coordination applies to all political subdivisions in Mis- souri, includin~ constitutional charter cities. Insofar as Section 44.080 designates the execu- tive officer of a pol i tical subdivision as the person responsible for civil defense planning, it is inapplicable to constitutional charter cities. Each charter city is entitled to designate the person responsible for supervision of its civil de fense oblipation. With regard to the city of Sprin~field, the terms of its Charter presently would appear to empower only the city manager to super- vise or carry out these functions, but other provision could be made by amending the Charter. OPINION NO . 17 March 13, 1973 Major General L. B. Adams Adjutant General Post Office Box 116 Jefferson City, Missouri 65101 Dear General Adams: FILED .i:Z. This is in response to your opinion request which s tated the following questions : "Do Missouri statutes relatin £?; to disasters or emergencies, primarily Chapter 44 RSMo ., apply to the City of Springfield and other cities which operate under a City Charter? "Is the Mayor or City Manager the 'executive official' and which would become the Director of Emer12;ency Operations (See State Disaster Operations Plan) upon declaration of an emer- p;ency by the Governor?" Your first auestion concerns the application of the emer ~ency planning provisions found in Chapter 44 of the Missouri Statutes to cities havin~ a charter form of government pursuant to Article VI , Section 19 of the Missouri Constitution. Section 44.080, RSMo 1969, provides in part as follows: "l. Each political subdivision of this state shall establish a local or~anization for disas- ter plannin~ in aecordance with the state sur- vival plan and program ...• " Major General L. B. Adams The answer to your first question will depend on whether a consti- tutional charter city is a political subdivision within the mean- ing of Section 44.080. In this regard, Section 44.010, RSMo 1969, defines political subdivision as "any county or city, town or vil- lage, or any fire district created by law." Article VI, Section 19 of the Missouri Constitution provides the manner in which city government by charter can be established for any city with more than five thousand inhabitants. Section 19 (a) states the powers of such constitutional charter cities as follows: "Any city which adopts or had adopted a char- ter for its own government, shall have all pow- ers which the general assembly of the state of Missouri has authority to confer upon any city, provided such powers are consistent with the Constitution of this State and are not limited or denied either by the charter adopted or by statute. Such a city shall, in addition to its home rule powers, have all powers confer- red by law." Under this nrovision, Sprinrfield and other constitutional charter cities have the responsibilities imnosed upon cities by statute. These responsibilities include those conferred upon political sub- divisions under Chapter 44 of the Mis souri Statutes, which defines political subdivision to include cities. We conclude, therefore, that pursuant to Section 44.080, each political subdivision, in- cluding constitutional charter cities, is required to establish a local disaster planning organization. Your second question asks whether the mayor or the city man- ager is the "executive officer" responsible for coordinating civil defense efforts in Springfield. Section 44.010(7), RSMo 1969, de- fines executive officer of a political subdivision as " ... the county court or county supervisor or the mayor or other manager of the executive affairs of any city, town, village or fire protec- tion district." The responsibilities of that executive officer are described in Section 44.080, RSMo 1 969 , which provides as follows: "1. Each political subdivision of this state shall e s tablish a local organization for di- saster planning in accordance with the state survival plan and pro~ram. The executive of- ficer of the political subdivision shall ap- point a coordinator who shall have direct responsibility for the organization, admin- istration and oneration of the local disaster -2- Major General L. B. Adams planning for civil defense, subject to the direction and control of the executive offi- cer or governing body. Each local organiza- tion for disaster planning shall be respon- sible for the performance of civil defense functions within the territorial limits of its political subdivision, and may conduct these functions outside of the territorial limits as may be required pursuant to the provisions of this law. "2. In carrying out the provisions of this law, each political subdivision may: (1) Appropriate and expend funds, make con- tracts, obtain and distribute eQuipment, ma- terials, and supplies for civil defense pur- poses; provide for the health and safety of persons, includin~ emergency assistance to victims of any enemy attack, the safety of property; and direct and coordinate the de- velopment of disaster plans and programs in accordance with the policies and plans of the federal and state disaster and emergency plan- ning; (2) Appoint, provide, or remove rescue teams, auxiliary fire and police personnel and other emergency operations teams, units or personnel who may serve without compensation; (3) In the event of enemy attack, waive the provisions of statutes requiring advertise- ment for bids for the performance of public work or entering into contracts." In determining which officeholder is the executive required to carry out these responsibilities, we must consider the effect of Article VI, Section 22 of the Missouri Constitution, which pro- vides as follows: "No law shall be enacted creating or fixing the powers, duties or compensation of any mu- nicipal office or employment, for any city framin~ or adoptin~ its own charter under this or any previous Constitution, and all such of- fices or employments heretofore created shall cease at the end of the terms of any present incumbents." - 3- Major General L. B. Adams It is the opinion of this office that apolication of Article VI, Section 22 precludes the legislature from designating which city official of a constitutional charter government is responsible for carryin~ out the obligations imposed by Section 44.080. This con- clusion is supported by the holdin~ in State ex rel. Burke v. Cer- vantes, 423 S . W.2d 791 (Mo. 1968). Althou~h the establishment of a civil defense network is a matter of statewide concern, the Mis- souri constitutional provision limiting interference with home-rule municipalities prevents the le~islature from desi~natin~ which con- stitutional charter city officer is char~ed with the local civil defense responsibility. Sprin~field, as a constitutional charter city, is entitled to determine under whose supervision its civil defense obligation will be met. Under the present Springfield Charter, it would appear that the city manager is the only officer who could designate a local civil defense coordinator by virtue of the various provisions de- scribing his duties and powers. Section 1.2 of the Springfield Charter provides that the city manager is the official "who shall execute the laws and administer the government of the city . " His duties are listed in Section 3 . 3 of the Charter as follows: "The city manager shall be the chief executive and administrative officer of the city and shall be responsible to the council for the proper administrative [sic] of all of the city's affairs. . . . " This section also enumerates the powers of the city manager, which include, in pertinent part, the following : (1) to appoint and remove officers and employees of the city; (2) to prescribe powers and duties of officers and employees not otherwise described in the charter or city ordinances. A superficial examination of the Springfield Charter might indicate that the mayor was contemplated by the framers of the Charter as the offic ial who should be charged with the civil de- fense responsibility ; Section 2 . 6 orovides in part as follows: " .. . He shall preside at all meetin~s of the council and shall be recognized as head of the city ~overnment for all le~al and ceremonial purposes and by the governor for purposes of Military Law . . . . 11 -4- Major General L. B. Adams But the mayor's duties , other than those required of each council member, are expressly non-administrative accordin~ to Section 2.6; he is, however , reco~nized as head of the city ~overnment for legal and ceremonial ourooses . In addition , he is to be reco~nized by the governor as the head of city ~overnment "for the purposes of Military Law.'' Althou~h military law mi~ht be construed to include civil defense activities, the present provisions of the Springfield Charter, read in li~ht of Chanter 44 , preclude that const ruction. Section 44.010(1) defines civil defense as " ... p:overnment at all levels performing emergency functions, other than functions for which mil itary forces are primarily responsible." Military forces are ~overned by military law . and 11 ••• Military law is enacted for the organization, ~overnment, and discinline of troops and applies only to persons in mill tary service. . . . '' Bishop v. Vandercook, 200 N.W . 278, 280 (Mich. 1924) . It is clear thit functions for which the military is primarily responsible are not within the civil defense activities contemplated by Chapter 44. Hence, the Sprint-fiela Charter reco~nizin~ the mayor as head of city government for the ourposes of militarv law does not impose on the Mayor any responsibilittes associated with civtl defense . Moreover , Section 3.3 of the Snrin~field Charter describes the city manager as the chief executive and administrative offi- cer of the city, responsible to the council for the conduct of city affairs. Section 2. 6 exnressly provides that the mayor "shall have no regular administrative duties." In addition, Section 44. 060, RSMo 1969, requires that each nolitical subdivision have a coordinator responsible for local disaster plannin~. Only the city mana~er is empowered to administer the local civil defense program by virtue of his broad supervisory functions and the grant of exclusive power under Charter Section 3.3 to appoint and remove city officers and emnloyees. Furthermore, Section 2. 8 of the Sp rin~field Charter expressly prohibits the city council or in- dividual members thereof from directing or reouesting the ap9oint- ment or removal of any person from office or employment in the city. Indeed, the consequence of violat jng this provision is forfeiture of office. We , therefore, conclude that the Springfield Charter in its nresent form emnowers only the city manager to administer or establish the local civil defense program . CONCLUSION It is the opinion of thi s office that the obli~ation to nrc- vide emer~ency plannin~ coordination applies to all political sub- divisions in Missourj, includin~ constitutional charter cities. Insofar as Section 44.080 desi~nates the executive officer of a political subdivi sion as the person responsible for civil defense plannin~ , it is inapplicable to constitutional charter cities. -5- Major General L. 9. Adams Each charter cit~ is entitled to desi~nate the person responsible for supervision of its civil defense obli~ation . With re~ard to the city of Sprin~field, the terms of its Charter presently would appear to emnower onl~ the city mana~er to sunervise or carry out these functions, but other orovision could be made by amendin~ the Charter. The foregoin~ oninion, which I hereb~ approve, was p~epared by my assistant, Karen Harner . ~·:y3~zz JOHN C. DA~FORTH Att orne:v General - 6-