Chapter 2.64
CONTINUITY OF GOVERNMENT
Sections:
2.64.030 Designation, status, qualifications and term of emergency interim successors.
2.64.040 Assumption of powers and duties of officer by emergency interim successor.
2.64.050 Recording and publication.
2.64.070 Quorum and vote requirements.
2.64.010 Short title.
This chapter shall be known and may be cited as the “Continuity of Government.” (Ord. 1361 § 1, 1998).
2.64.020 Definitions.
As used in this chapter, the following definitions shall apply unless the context clearly indicates otherwise:
A. “Civil emergency” shall mean 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. “Disaster” means, but is not limited to, a human-caused or natural event or circumstance within the area of operation of any participating or subscribing organization causing or threatening loss of life, damage to the environment, injury to person or property, human suffering and financial loss, such as: fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or releases of hazardous materials, contamination, utility or transportation emergencies, disease, infestation, civil disturbance, riots, acts of terrorism or sabotage; said event being or is likely to be beyond the capacity of the city, in terms of personnel, equipment and facilities, hereby requiring disaster assistance.
C. “Emergency interim successor” shall mean 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.
D. “Sickness or injury incident” shall mean events or a series of events which may occur involving one or more key executive, administrative or legislative officials of the city, 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.
E. “Unavailable” shall mean 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. 1523 § 9, 2003; Ord. 1361 § 1, 1998).
2.64.030 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 an emergency interim successor to each of the following officials: city attorney, chief of police, fire chief, public works director, finance director, city clerk-treasurer, human resources director, and planning and community development director.
B. Status of Emergency Interim Successor. A person designated as an emergency interim successor shall serve at the pleasure of the mayor; provided, that he/she shall be replaced if removed. He/she retains this designation as emergency interim successor until replaced by the mayor.
C. Required Order of Succession. The normal succession of office for administrative and legislative officials shall be:
1. Mayor to mayor pro tem.
2. Mayor pro tem to the remainder of the council in the order of seniority as a city council member. In the event of two or more council 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.
3. Should the mayor and all city council members 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.
4. The order of succession by department heads shall be as follows or as designated by the mayor:
a. City clerk-human resources;
b. Police chief;
c. Public works director;
d. Finance director;
e. Planning and community development director; and
f. Public works superintendent. (Ord. 2003 § 2, 2021; Ord. 1663 §§ 3, 4, 2006; Ord. 1523 § 10, 2003; Ord. 1361 § 1, 1998).
2.64.040 Assumption of powers and duties of officer by emergency interim successor.
If in the event of a civil emergency, sickness, or injury incident, any officer named in MMC 2.64.030(A) is unavailable, his/her 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. 1361 § 1, 1998).
2.64.050 Recording and publication.
The name, address and position of each duly authorized emergency interim successor shall be filed with the city clerk-treasurer and each designation or replacement of an emergency interim successor shall become effective when the designator files with the city clerk-treasurer the successor’s name, address and position. The city clerk-treasurer shall keep on file all such data regarding duly authorized emergency interim successors and it shall be open to public inspection. (Ord. 1523 § 11, 2003; Ord. 1361 § 1, 1998).
2.64.060 Formalities of taking office.
Repealed by Ord. 1523. (Ord. 1361 § 1, 1998).
2.64.070 Quorum and vote requirements.
In the event of a 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 ordinance, resolution or other action would otherwise be required, a majority of those present shall be sufficient. (Ord. 1523 § 13, 2003; Ord. 1361 § 1, 1998).