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Plan would allow city `martial law' Medford council considers measure today By JIM DAVIS Medford's city manager could establish a citywide curfew, prohibit public gatherings and close businesses under an emergency-powers proposal city leaders will consider today. Manager Michael Dyal would be granted those powers and others after declaring a "state of emergency" during disasters. "Why do you do all of this? To protect the lives and property of your community," Dyal said. "That's why all of this is in place." The proposal is part of the city's emergency management plan. Such laws are common, Dyal and other city officials said. But the ordinance raises "serious constitutional issues," said Bill Mansfield, a former city attorney and councilman who reviewed the proposal Wednesday. Mansfield pointed to the curfew and the prohibition against gatherings as well as a clause that would exempt city employees from liability if citizens die or are injured during the state of emergency. "It authorizes a city manager to become the czar," Mansfield said. Medford City Council will consider adopting the ordinance at its noon meeting today at Medford City Hall, 411 W. Eighth St. Medford Fire Administration Chief Phil Kessler said the council directed staff to come up with an emergency management plan in 1995. The emergency-powers ordinance portion of the plan defines an emergency as any human-caused or natural event, including fires, explosions, spills of hazardous materials, terrorism, riots or the interruption of public services. Under the state of emergency, the city manager would be granted authority to work with state organizations and to redirect city funds for emergency use. It also would grant power to the city manager to enforce "martial law" regulations upon the city's populace. Those include setting curfews, prohibiting gatherings and ordering evacuations. It also would allow the manager to stop the sale of alcohol and gasoline and the sale or carrying of weapons. It would give him power to turn off water, gas and electricity. Medford City Attorney Gene Hart, who drew up the ordinance, said it wasn't in response to the fear that computers will crash at the end of this year and cause turmoil throughout society. He said many cities already have similar laws. And he noted the ordinance has checks and balances. It would allow the council to vote to end the state of emergency, for example. Also, the ordinance has a "due process" clause that would allow any person "deprived of a liberty or property" to have a hearing before a city officer. Ashland adopted a similar law in 1997, said Paul Nolte, Ashland city attorney. "The declaration of martial law by local government has generally been upheld in courts in other states," Nolte said. Dyal said the curfew provision could be needed in case of rioting. "It is because, in an emergency, the police and fire departments are going to have their hands full," Dyal said. "They don't need people moving around the city taking advantage of situations." And he said that prohibiting the sale of alcohol and gasoline would prevent people from making Molotov cocktails. Mansfield said he has problems with several aspects of the ordinance. He said it's inappropriate for an appointed servant -- rather than an elected member of the council -- to be delegated that kind of authority. He also was concerned about the broad authority granted to the city manager. "I don't have any problem with a city crew blocking off the street because a hole could endanger public lives," Mansfield said. "This ordinance does more than that." Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA