Chapter 2.80
CONTINUITY OF GOVERNMENT
Sections:
2.80.010 Short title.
2.80.020 Definitions.
2.80.030 Designation, status, qualifications and term of emergency interim successors.
2.80.040 Assumption of powers and duties of officer by emergency interim successor.
2.80.050 Recording and publication.
2.80.060 Formalities of taking office.
2.80.070 Quorum and vote requirements.
2.80.010 Short title.
This chapter shall be known and may be cited as the “Continuity of Government Ordinance of the City of Auburn.” (Ord. 3955 § 1, 1984.)
2.80.020 Definitions.
As used in this chapter, unless the context otherwise clearly indicates:
A. “Civil emergency” means injury and damage resulting from disasters caused by enemy attack, sabotage, or other hostile actions, or by fire, flood, storm, earthquake or other natural causes.
B. “Emergency interim successor” means a person designated pursuant to this chapter for possible temporary succession to the powers and duties, but not the office, of a city officer in the event that such officer or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office.
C. “Sickness or injury incident” means events or a series of events which may occur involving one or more key executive, administrative or legislative officials of the city of Auburn, who could fall victim to an individual, concurrent or common injury or sickness which could disturb the usual and normal continuity of the city’s government.
D. “Unavailable” means 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 duly authorized deputy are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office. (Ord. 3955 § 2, 1984.)
2.80.030 Designation, status, qualifications and term of emergency interim successors.
A. Appointive Officers. The mayor shall, within 30 days following the effective date of the ordinance codified in this chapter, designate for appointive officers including the city attorney, chief of police, fire chief, public works director, finance director, planning director, parks director, personnel director, city clerk, and the supervisors of maintenance and operations, streets, water, sewer, building, airport and cemetery divisions an emergency interim successor to each of these officers.
B. Qualifications. No person shall be designated to serve as an emergency interim successor unless he may, under the Constitution and statutes of this state and the charter or ordinances of this city, hold the office of the person to whose powers and duties he is designated to succeed, but no provision of any ordinance prohibiting an officer or employee of this city from holding another office shall be applicable to an emergency interim successor.
C. Status of Emergency Interim Successor. A person designated as an emergency interim successor holds that designation at the pleasure of the designator; provided, that he must be replaced if removed. He retains this designation as emergency interim successor until replaced by another appointed by the authorized designator.
D. Required Order of Succession. The normal succession of office for administrative and legislative officials shall be:
1. Mayor to deputy mayor;
2. Deputy mayor to the remainder of the council in the order of longest to least tenure. Longest tenure is to be calculated as the total length of consecutive service as a city councilperson;
3. In the event of two or more members having equal tenure, the order of succession shall be determined on the basis of the largest number of votes received at the most recent general election;
4. Should the mayor and all legislative officials be incapacitated or otherwise unable to perform their duties for any reason, and until such time as they are able to resume their duties, or until a normal process of appointment or election can provide successors in order to assure the continuity and availability of governmental services, the succession for administrative purposes shall continue to the administrative heads of the departments of city government or their successors;
5. The order of succession by department heads shall continue as follows:
Police chief;
Public works director;
Planning director;
Parks director;
Finance director; and
City attorney. (Ord. 6191 § 5, 2008; Ord. 3955 § 3, 1984.)
2.80.040 Assumption of powers and duties of officer by emergency interim successor.
If in the event of a civil emergency or sickness or injury incident, any officer named in ACC 2.80.030(A) is unavailable, his emergency interim successor highest in rank in order of succession who is available shall, except for the power and duty to appoint emergency interim successors, exercise the powers and discharge the duties of such officer. An emergency interim successor shall exercise these powers and discharge these duties only until such time as the lawful incumbent officer or an emergency interim successor higher in rank in order of succession exercises, or resumes the exercise of, the powers and discharge of the duties of the office, or until, where an actual vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified as provided by law. (Ord. 3955 § 4, 1984.)
2.80.050 Recording and publication.
The name, address and rank of each duly authorized emergency interim successor shall be filed with the city clerk and each designation or replacement, of an emergency interim successor shall become effective when the designator files with the city clerk the successor’s name, address and rank. The city clerk shall keep on file all such data regarding duly authorized emergency interim successors and it shall be open to public inspection. (Ord. 3955 § 5, 1984.)
2.80.060 Formalities of taking office.
At the time of their designation, emergency interim successors shall take such oath and do such other things, if any, as may be required to qualify them to exercise the powers and discharge the duties of the office to which they may succeed. (Ord. 3955 § 6, 1984.)
2.80.070 Quorum and vote requirements.
In the event of a civil disaster:
A. Quorum requirements for the city council shall be suspended; and
B. Where the affirmative vote of a specified proportion of members for approval of an ordi-
nance, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient. (Ord. 3955 § 7, 1984.)