(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CATASTROPHE. A disaster or series of concurrent disasters which adversely affect the entire commonwealth or a major geographical portion thereof.
DECLARED EMERGENCY. Any incident or situation declared to be an emergency by executive order of the Governor, or a county judge/executive, or a mayor, or the chief executive of other local governments in the commonwealth pursuant to the provisions of KRS Chapters 39A to 39F.
DISASTER. Any incident or situation declared as such by executive order of the Governor, or the President of the United States, pursuant to federal law.
EMERGENCY. Any incident or situation which poses a major threat to public safety so as to cause, or threaten to cause, loss of life, serious injury, significant damage to property, or major harm to public health or the environment and which a local emergency response agency determines is beyond its capabilities.
EMERGENCY INTERIM SUCCESSOR. A person designated under this section, if an officer is unavailable, to exercise the powers and discharge the duties of that office until a successor is
appointed or elected and qualified as provided by law, or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
OFFICE. Includes all state and local offices, the powers and duties of which are defined by law, except the office of Governor, and except those in the General Assembly and the judiciary. An "officer" is a person who holds an office.
POLITICAL SUBDIVISION. Includes counties, urban-counties, charter counties, cities, special districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.
UNAVAILABLE. Means that during a state of emergency either:
(a) 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
(b) That the lawful incumbent of the office and any duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
(B) Location of City Council meetings. During the continuance of a catastrophe, disaster, emergency and/or declared emergency all meetings of the City Council may be within or without the territorial limits of the city at a place and time as designated in a resolution promulgated by the Mayor. The location shall be within the state.
(C) Exercise of Authority. While the public business is being conducted at temporary location, the governing body and other officers of the city shall have and exercise, at that location, all of the executive, legislative, and administrative powers and functions conferred upon that body and officers under state law. The powers and functions, may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto. All acts of the body and officers shall be as valid and binding as if performed within the territorial limits of the city. This division shall control notwithstanding any statutory charter or ordinance provision to the contrary.
(D) Appointments. During the time of a catastrophe, disaster emergency and/or declared emergency the Mayor and/or Deputy Mayor, or if the Mayor and/or Deputy Mayor are unavailable a majority of the City Council, may appoint no less than three (3) nor more than seven (7) emergency interim successors for each office, department and/or agency necessary to continue the provisions of vital services to the general public within the municipal boundaries of the city. These emergency interim successors shall have the full authority to exercise all powers of their office, department and/or agency.
(E) No person shall be designated or serve as an emergency interim successor unless he or she is eligible under the Constitution and statutes to hold the office to which he or she is designated to succeed, but no statutory provision prohibiting local or state officials from holding another office shall be applicable to an emergency interim successor.
(F) Emergency interim successors shall take the oath required to exercise the powers and discharge the duties of the office to which they may succeed. 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.
(G) Officials authorized to act as emergency interim successors are empowered to exercise the powers and discharge the duties of an office only during continuance of an emergency. The City Council, by joint resolution, may at any time terminate the authority of the emergency interim successors to exercise the powers and discharge the duties of office.
(H) Until the persons designated as emergency interim successors shall exercise the powers and discharge the duties of an office in accordance with this section, the persons shall serve in their designated capacities at the pleasure of the designating authority.
(I) Any person violating any provision of this section or any administrative regulation promulgated or order issued pursuant to this section for which another penalty is not specified shall be guilty of a Class A misdemeanor.
(Ord. 2006-02, passed 2-20-06)