Subchapter P. CIVIL DISORDER AND EMERGENCY
Sec.
7.211. Command and control.
7.212. Planning and coordination.
7.213. [Reserved].
7.214. [Reserved].
7.215. [Reserved].
Source The provisions of this Subchapter P adopted by Executive Order No. 78-8, dated April 4, 1978, 8 Pa.B. 1096, unless otherwise noted.
§ 7.211. Command and control.
(a) The Governor will retain command of State peacekeeping forces during a civil disorder. The Governor may designate the Lieutenant Governor or a member of the Governor’s staff as the on-the-scene representatives with the power and authority the Governor may deem necessary.
(b) The General Counsel, after consultation with the Commissioner of the State Police, the Adjutant General or the Pennsylvania Emergency Management Agency will prepare, for issuance by the Governor as required by law, Executive Orders and proclamations necessary or appropriate for the activation and employment of their forces and for the conduct of peacekeeping and law enforcement operations in the disorder area. The Orders and proclamations shall contain the general constraints and objectives applicable to the conduct of State Police and National Guard operations in the disorder area.
(c) The Commissioner of the State Police and the Adjutant General of Pennsylvania and the forces under their respective commands will be directly responsible to the Governor for the implementation of the Orders and guidance that the Governor may provide. Implementing orders necessary or appropriate for the designation and employment of forces under the command of the Commissioner of State Police or the Adjutant General, and for the conduct of their operations in the disorder area, shall be prepared by the Commissioner or the Adjutant General. The content of their orders shall be in accordance with Executive Orders and proclamations issued by the Governor.
(d) In the event of disorder, no officer other than the State Police, consistent with their established policy, or local police in the normal course of their duty, will carry loaded weapons. Weapons carried by the National Guard will not be loaded nor will bayonets be fixed without the specific order of the Governor, except that trained antisniper teams and military police of the National Guard may be armed with loaded weapons whenever National Guard troops are deployed.
(e) Field commanders of the State Police and National Guard are authorized to act independently in emergency situations when failure to act would seriously aggravate the disturbance, gravely undermine the effort to restore order or jeopardize the lives of law enforcement officers, troops or of civilians. These actions shall be consistent with the principles of application of only the minimum force necessary for the circumstances.
Source The provisions of this § 7.211 amended by Executive Order No. 1993-2, dated April 9, 1993, 23 Pa.B. 2309. Immediately preceding text appears at serial pages (120086) to (120087).
§ 7.212. Planning and coordination.
(a) In the event of disorder, the Pennsylvania Emergency Management Council will convene under the Emergency Management Services Code to prepare for and coordinate planning and preparation between local and State government support agencies.
(b) If a proclamation of disaster emergency is required to activate other emergency response agencies, to authorize the transfer of unused appropriations, to waive time-consuming bid and contract procedures or to invoke the assistance of the Federal government, the proclamation will be prepared by the Pennsylvania Emergency Management Agency.
(c) Commonwealth agencies under the jurisdiction of the Governor will make every effort to cooperate in planning for and in implementing this subchapter, and shall provide assistance requested by the Governor or a designated representative to prevent civil disorder and restore peace and order. The coordination of support from State agencies will be the responsibility of the Pennsylvania Emergency Management Agency. Agencies will lend every assistance to reduce tensions and to help alleviate the causes of disorder, and will use resources at their command as may be needed to establish and maintain lines of communication to an aggrieved community when called upon to do so.
(d) If assistance of Federal agencies is necessary or appropriate, the Pennsylvania Emergency Management Agency will also be responsible for coordinating acceptance and delivery of their assistance.
Source The provisions of this § 7.212 amended by Executive Order No. 1993-2, dated April 9, 1993, 23 Pa.B. 2309. Immediately preceding text appears at serial page (120087).
§ 7.213. [Reserved].
Source The provisions of this § 7.213 reserved by Executive Order No. 1993-2, dated April 9, 1993, 23 Pa.B. 2309. Immediately preceding text appears at serial page (120087).
§ 7.214. [Reserved].
Source The provisions of this § 7.214 reserved by Executive Order No. 1993-2, dated April 9, 1993, 23 Pa.B. 2309. Immediately preceding text appears at serial page (120088).
§ 7.215. [Reserved].
Source The provisions of this § 7.215 reserved by Executive Order No. 1993-2, dated April 9, 1993, 23 Pa.B. 2309. Immediately preceding text appears at serial page (120088).
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