Loading...
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
Within 30 days after first entering upon the duties of his or her office, the mayor and each member of the city council shall designate a number of emergency interim successors to his or her office and specify their rank in order of succession so that there will be not less than three nor more than seven emergency interim successors.
(1992 Code, § 12-17) (Ord. 2131, passed 3-5-1962)
The city council shall within 30 days after taking office, in addition to any duly authorized deputy, designate for appointive officers including the police chief, fire chief, city finance director, city attorney, public works director and public health director a number of emergency interim successors to these officers and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three nor more than seven duly authorized deputies or emergency interim successors or combination thereof for each officer.
(1992 Code, § 12-18) (Ord. 2131, passed 3-5-1962)
No person shall be designated or serve as an emergency interim successor unless he or she may, under the constitution and statutes of this state and the provisions of this Code and the ordinances of this city, hold the office of the person to whose powers and duties he or she is designated to succeed, but no provision of this Code or any ordinance prohibiting an officer or employee of this city from holding another office shall be applicable to an emergency interim successor.
(1992 Code, § 12-19) (Ord. 2131, passed 3-5-1962)
The incumbent in the case of the elective officers and the city council in the case of those appointive officers specified in this subchapter shall review and, as necessary, promptly revise the designations of emergency interim successors to ensure that at all times there are at least three qualified emergency interim successors or duly authorized deputies or any combination thereof for each officer specified.
(1992 Code, § 12-20) (Ord. 2131, passed 3-5-1962)
A person designated as an emergency interim successor holds that designation at the pleasure of the designator, provided that he or she must be replaced if removed. He or she retains this designation as emergency interim successor until replaced by another appointed by the authorized designator.
(1992 Code, § 12-21) (Ord. 2131, passed 3-5-1962)
Loading...