A. Title: This section shall be known as the EMERGENCY INTERIM SUCCESSION ACT. (1998 Code § 8.30.021)
B. Definitions: The following words and phrases used in this section shall have the following meanings unless a different meaning clearly appears from the context:
ABSENT: Physically not present or not able to be communicated with; does not include a person who can be reached by telephone, radio or other communications methods.
EMERGENCY INTERIM SUCCESSOR: A person designated by the officer who, in his or her absence, can exercise the powers and discharge the duties of the officer when he or she is absent. (1998 Code § 8.30.022)
C. Emergency Interim Succession Procedure:
1. On January 1 of each year, each department head, with the exception of the county commissioners, shall:
a. Designate three (3) qualified emergency interim successors from within his or her department who meet the constitutional qualifications for the office, if any;
b. Specify the order of their succession;
c. Provide a list of those designated successors to the emergency manager.
2. If any department head is unavailable following a "disaster" or "local emergency", and if his or her deputy, if any, is not available, a designated emergency interim successor shall exercise the powers and duties of the office according to the order of succession specified by the officer.
3. Emergency interim successors shall exercise the powers of the office which they succeeded only when a disaster has occurred or has been declared:
a. Successors may only serve for thirty (30) days after the date of the local emergency declaration, unless approved by the board of county commissioners.
b. Extension of emergency powers shall be by the authority of the board of county commissioners and only during the time of the disaster and recovery operations.
c. Decisions of the chairperson or his or her successor are final.
4. Emergency succession of the chairperson of the board of county commissioners shall proceed as follows when a disaster response is occurring or imminent:
a. The chairperson shall serve, if available.
b. If the chairperson is unavailable, the designated county commissioner succession shall prevail, i.e., in alphabetical order according to county seat designation, being A, B or C seat.
c. If no commissioner is available, the designated emergency interim successors shall exercise the powers and duties of the office only until:
(1) The vacancy is filled in accordance with the constitution or statutes; or
(2) A commissioner or commissioners in office become available to exercise the powers and duties of the office. (1998 Code § 8.30.023)