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Proposed emergency rules rewritten Medford council looks over issue, decides to hold public hearing By JIM DAVIS A revised edition of Medford's proposed "emergency powers ordinance" is headed for a public hearing. The ordinance would, among other things, give the city manager the power to establish curfews, prohibit public gatherings and close businesses during emergencies. Medford Fire Chief Dave Bierwiler said the public hearing would be a good step. "It's time to make sure our community knows exactly what we're doing here so that we can move ahead," Bierwiler said. The Medford City Council looked at the issue at a study session on Thursday afternoon and directed the staff to put it on a future agenda. The public hearing is as yet unscheduled. The ordinance first came up last month at a City Council meeting, after being drafted by a city emergency management team and the city attorney. Bierwiler said the city needs the ordinance mainly to allow city funds to be used for such things as overtime for firefighters and police officers. It also is needed to apply for federal emergency funds. But the ordinance was criticized by people such as Bill Mansfield -- a former city councilman and city attorney -- for provisions that grant the city manager powers allowing him or her to prohibit public gatherings or the carrying of weapons. The law also would give the city manager the authority to ban the sale of alcohol and gasoline and "other measures necessary for the protection of life or property." There were also concerns that a city manager -- who is not an elected official -- determines when an emergency was declared. Under the revised edition, the mayor would declare a "state of emergency." Also, city staff took out blight, drought and infestation as definitions of emergencies. But the city manager still is granted the ability to enact regulations concerning "persons and property." Bierwiler noted that the ordinance could be applied just to the parts of Medford affected by a disaster. City Attorney Ron Doyle said that similar ordinances are common throughout the country. Doyle said a city has the right to make limited incursions upon people's constitutional rights in such instances as pursuing public safety. Mansfield agreed with him -- to a point. "I think if there is a burning building and people are congregating up too close, the police or firemen can require them to get out of the area -- it's called public safety," Mansfield said. "But this ordinance does much more than that." Mansfield said that the revised edition is an improvement because it takes some of the power away from the city manager and turns it over to an elected official. But he said that the law is still too broad. "The city people will say that they don't intend to apply it to that extent that is written," he said. "But when you review the constitutionality of the law, you don't review the intent of public officials, you review the content of the language." Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA