Section
Continuity of City Government
33.001 Definitions
33.002 Designation of emergency interim successors; elective officers
33.003 Designation of emergency interim successors; appointive officers
33.004 Designation of emergency interim successors; qualifications
33.005 Review of designations
33.006 Status of emergency interim successor
33.007 Assumption by emergency interim successor
33.008 Recording and publication
33.009 Formalities of taking office
33.010 Quorum and vote requirements
Emergencies
33.025 Disaster declaration
33.026 Emergency council meetings
33.027 Emergency ordinances
33.028 Emergency award of contracts
Cross-reference:
City council, see ch. 30
Departmental organization, see ch. 31
Fire protection and prevention, see ch. 91
Health and sanitation, see ch. 92
Hospitals, see ch. 114
Statutory reference:
County organization, see SDCL 24-48A-39
Emergency and disaster service, see SDCL 34-48A-1 et seq.
Emergency interim succession to office, see SDCL 1-30-1 et seq.
CONTINUITY OF CITY GOVERNMENT
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
DULY AUTHORIZED DEPUTY. A person who is authorized to perform all of the functions, exercise all of the powers and discharge all of the duties of an office in the event the office is vacant or at those times as it lacks administration due to the death, absence or disability of the incumbent officer.
EMERGENCY INTERIM SUCCESSOR. A person designated pursuant to this subchapter, 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 constitution, statutes, charter and ordinances or until the lawful incumbent is able to resume the exercises of the powers and discharge the duties of the office.
UNAVAILABLE. Either that 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 that 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.
(1992 Code, § 12-16) (Ord. 2131, passed 3-5-1962)
Cross-reference:
Definitions and rules of construction generally, see § 10.002
Loading...