CHAPTER 13
EMERGENCY INTERIM SUCCESSION
Sections:
2-13-102 Emergency Interim Successors.
2-13-103 Formalities of Taking Office.
2-13-104 Removal of Designees.
2-13-101 Definitions.
As used in this Chapter:
(1) “Absent” means not physically present or not able to be communicated with for twenty-four (24) hours. No person shall be considered absent who can be communicated with by telephone, radio, or other telecommunications.
(2) “Attack” means a nuclear, conventional, biological, or chemical warfare action against the United States of America or the State of Utah.
(3) “Disaster” means a situation causing, or threatening to cause widespread damage, social disruption, or injury or loss of life or property resulting from attack, internal disturbance, natural phenomenon, or technological hazard.
(4) “Emergency interim successor” means a person designated by this chapter to exercise the powers and discharge the duties of an office when the person legally exercising the powers and duties of the office is unavailable.
(5) “Internal disturbance” means a riot, prison break, disruptive terrorism, or strike.
(6) “Natural phenomenon” means any earthquake, tornado, storm, flood, landslide, avalanche, forest or range fire, drought, epidemic, or other catastrophic event.
(7) “Technological hazard” means any hazardous materials accident, mine accident, train derailment, air crash, radiation incident, pollution, structural fire, or explosion.
(8) “Unavailable” means absent from the city during a disaster that seriously disrupts normal governmental operations, whether or not that absence would give rise to a vacancy under existing Constitutional or statutory provisions.
(Adopted by Ordinance No. 27-92)
2-13-102 Emergency Interim Successors.
(1) By July 1st of each year, the Mayor, each member of the City Council, City Recorder, City Treasurer, and Chief of Police shall:
(a) designate three (3) emergency successors;
(b) specify their order of succession; and
(c) provide a list of those designated successors to the City Recorder.
(2) (a) Notwithstanding any other provision of law or ordinance, if any officer named in subsection (1) of this section or his legal deputy, if any, is unavailable, a designated emergency interim successor shall exercise the powers and duties of the office according to the order of succession specified by the officer.
(b) An emergency interim successor shall exercise the powers and duties of the office only until:
(i) the vacancy is filled in accordance with statutory provisions; or
(ii) the officer, his deputy, or an emergency interim successor earlier in order of succession becomes available to exercise the powers and duties of the office.
(c) An emergency interim successor to the office of City Recorder, City Treasurer, or Chief of Police shall exercise the duties of that office only until the person exercising the powers and duties of the office of Mayor appoints a successor to fill the vacancy or a permanent successor is appointed and qualified as provided by ordinance.
(3) The City Recorder shall provide a copy of the list of all emergency interim successors designated pursuant to this section to the Utah Division of Comprehensive Emergency Management and to appropriate emergency personnel of Utah County.
(Adopted by Ordinance No. 27-92)
2-13-103 Formalities of Taking Office.
(1) At the time they are appointed as emergency interim successors, emergency interim successors shall sign prospectively whatever oath is required to enable them to exercise the power and duties of the office to which they may succeed.
(2) Notwithstanding any other provision of law or ordinance, no person is required to comply with any other provision of law or ordinance relative to taking office as a prerequisite to the exercise of the powers and discharge of the duties of an office to which he succeeds.
(Adopted by Ordinance No. 27-92)
2-13-104 Removal of Designees.
Until the persons designated as emergency interim successors succeed to the exercise of the powers and duties of an office, they shall serve as emergency interim successors at the pleasure of the designating officer and may be removed or replaced by the designating officer at any time, with or without cause.
(Adopted by Ordinance No. 27-92)