(A) Definitions. Unless otherwise clearly required by the context, as used in this section:
ATTACK. Any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological or biological means or other weapons or processes.
DISASTER. An occurrence or threat of catastrophic and widespread injury or loss of life or property resulting from any natural or manmade cause, including, but not limited to, fire, flood, earthquake, epidemic and explosion.
EMERGENCY INTERIM SUCCESSOR. A person designated pursuant to this section, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the applicable statutes and/or ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
OFFICE. Includes all offices, the powers and duties of which are defined by the applicable statutes and/or village ordinances.
UNAVAILABLE. Either a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his or her duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
(B) Emergency interim successors for officers. Such officers, subject to such regulations as the Mayor may issue from time to time, shall designate by title (if feasible) or by named person, emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary from time to time, designations made pursuant to this section to ensure their current status. The officer will designate a sufficient number of persons so that there will be not less than 3, nor more than 7, deputies or emergency interim successors or any combination thereof, at any time. In the event that any officer, or his or her deputy provided for pursuant to law, is unavailable, the powers of the office shall be exercised and duties shall be discharged by the designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the constitution or applicable statutes or ordinances, or until the officer, or his or her deputy or a preceding emergency interim successor, again becomes available to exercise the powers and discharge the duties of his or her office.
(C) Emergency interim successors of the office of the Mayor. Except as otherwise designated in writing by the Mayor, the designated emergency interim successors for the office of the Mayor shall be the following persons in the order listed who are present in the village and available to serve as such an emergency interim successor:
(1) Finance Commissioner;
(2) Health and Safety Commissioner;
(3) Water Commissioner;
(4) Street Commissioner; and
(5) Clerk.
(D) Formalities of taking office. At the time of their designation, emergency interim successors for any office shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provision of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he or she succeeds, shall be required to comply with any other provision of law relative to taking office.
(E) Period in which authority may be exercised. Officials authorized to act pursaunt to this section as emergency interim successors are empowered to exercise the offices, powers, and discharge the duties of an office as herein authorized only after an attack upon the United States and during a disaster within the village. The Board of Commissioners may at any time terminate the authority of such emergency interim successors to exercise the powers and discharge the duties of office as herein provided.
(F) Removal of designees. Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this section, such persons shall serve in their existing designated capacities at the pleasure of the designating authority and may be removed or replaced by said designating authority at any time, with or without cause.
(Ord. 2014-07, passed 8-12-2014)