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HomeMy WebLinkAboutORD 189 (1962) ORDINANCE N0. 189 AN ORDINANCE OF THE CITY 0F TUSTIN, CALIFORNIA, PROVIDING FOR THE CONTINUITY OF THE GOVERNMENT OF THE CITY 0F TUSTIN IN THE EVENT OF AN ENEMY ATTACK BY PROVIDING FOR THE DESIGNATION, STATUS, QUALIFICATIONS AND TERMS OF EMERGENCY INTERIM SUCCESSORS; PROVIDING FOR THE ASSUMPTION OF POWERS OF DUTIES OF AN OFFICER BY EMERGENCY INTERIM SUCCESSORS; PROVIDING FOR THE RECORDING AND PUBLICATION 0F DESIGNATION OF EMERGENCY INTERIM SUCCESSORS; PROVIDING FOR ACCOMPLISHMENT OF THE FORMALITIES OF TAKING OFFICE IN THE CASE OF SUCH EMERGENCY INTERIM SUCCESSORS; AND SUS~ PENDING CERTAIN QUORUM AND VOTE REQUIREMENTS OF THE CITY COUNCIL, IN THE EVENT OF ATTACK. WEEAS, because of the e~isting possibility of as attack upon the United States of' unprecedente~ size and destructiveness, including the inevitable hazards of radioactive contamination, and in order, in the event of such an attack, to assure the continuation of effective, legally constituted leadership, authority and responsi- bility in the offices of the goverment of this City, it i§ found and declared by the City Council of the City of Tus- tin to be necessary to provide for emergency interim officers who can exercise the powers and discharge the duties of the duly elected City Councilmen, City Clerk administrative and appointed heads of the various depart, ments of this City, in the event that the incumbents thereof, and their deputies, assistants or other subor- dinate officers, authorized pursuant to lmw to exercise all powers and discharge the duties of such offices, are killed, missing, disabled, or for some other cause unable to perform the duties and functions of their offices during and immediately after an enemy.~t~sck.·, THEEFORE, in the interest of the public safety, health, welfare and the protection of property,~'~nd in pursuance of the authority contained in the constitutional amendment and ratified by the State Legislature of the State of California, The City Council of the City of Tustin does ordain as follows: Section .1: Short Title. This Ordinance shall be known and may be cited as the "Continuity of Goverment Ordinance of the City of Tustin," Secti.0n 2: .D..e..fir~itionS. As used in this ~0rdinance, unless the context otherwise clearly indicate~: (a) "Unavailable" shall mean either that a vacancy in office exists and there is no person authorized to ex- ercise the powers and discharge the duties of the office, or that the lawful incumbent of the office is absent or unable, for physical, mental or.legal reasons, to exercise the powers and discharge the duties of the office. (b) "Attack" Shall mean any attack or series of at- tacks 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, incliding by sabotage or by use of bombs, missiles, shellfire, or atomic, radiplogical, chemical, bacterilolgical or biologi- cal means or other weapons or processes. (c) "Emergency interim Successor" shall mean a person designated pursuant to this Ordinance for possible temporary succession to the powers and duties, but not the office, of a[aCity Officer, in the event that such officer is unavailab.te. to exercise the powers and discha-~ge the duties of the office. Section 3: Designation? Status, Qualifications a~d .T.~r..m of Emergency ....Int.erim. SUcces.s0.rsl (a) Elective Officers. W~thin thirty (30) days following the effeCti.-v.e date of this Ordinance, and there- after within thirty (30) days after first entering upon the duties of office, thee'City Council shall, for the offices of the Mayor, each member.~. of the City Council, and the City Clerk of this City, designate and appoint an equal number of emergency interim successors to eacJ of these offices, and specify their rank in order of succession, so that there will not be ~ess than three (3) emergency interim successors for each office, (b) Appointive Officers, The City Council shall, within' the time specified in subsection (a) of this Section, designa~e~or appointive-officers including the Chief of Police, City Fire Chief, City Engineer, City Attorney, City Treasurer and Director of Civil IDefense, an equal number of emergency interim successors for eack of these offices, and specify their rank in order of succession, so that there will be not less than three (3) emergency interim successors for each office. (c) Prior to each designation, each canidate for designation shall be investigated, and his character, ex- perience, and ability shall be studied and reported to the City Council. (d) The Director of Civil Defense shall review, as often as necessary, but not less than annually, the ap- pointed emergency interim successors, and promptly advise the City Council of such new appointments as may be neces- sary to insure that at all times there are at least three (3) such qualified emergency interim successors for each office and officer of the City. The City Council shall prompt- ly appoint a successor for any-emergency interim successor who is deceased,, no longer lives within the immediate area, has resigned, or has been otherwise removed or become un- able, unwilling, or ineligible to serve .or to continue to serve. (e) Qualifications. No person shall be designated or 'serve as an emergency interim Isuccessor unless he may, under the constitution and staturs of this State and the Char- ter 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 O~dinance prohibiting an officer or employee o£ this City from holding another office. shall be applicable to an emergency interim successor. (f) Status of Emergency Interim Successor. A per- son designated as an emergency interim successor holds that designation at the pleasure of the City Council; provided that he must be replaced, if removed. He retains this des- ignation as emergency interim successor Until replaced by a- nother appointed by the City ouncil. The emergency interim successors shall receive no compensation for the performance of their duties as emergency interim successors. 94i (g) Duties. Each emergency interim successor shall have the following duties: (1) ~o inform himself of the duties of the office for which he is an emergency interim suc- cessor. Officers and employees of the City shall assist him and shall provide each emergency in- terim successor with a copy of the Dusaster Act, being Section 1550-01 through Bection 1564~ of the Military and Veterans Code of the State ~of California. (2) To keep informed of the business and af- fairs of the City to ~he extent necessary to enable him to fill his post competently. For this pur- pose the City ouncil may arrange information meet- ings, and require attendance of the various emer- gency interim successors. (3) To immediately report himself for duty in the event of disas. ter, in the place and in the- meth- o~ previlusly designated by the City. (4) To fill the pest for which he has been ap- pointed when, because of disaster, it has become vacant. Emergency interim successors No. 2 and No. 3 shall succeed in succession for emergency interim successor No. 1, in the same way that said emergency interim successor succeeded in place of the ~egular office holder or officer. He shall serve until the recovery of the regular office holder or officer from his injuries, or the election or appointment of a new regular office holder of officer. Secti. o~. ~: The City Council shall meet as soon as possible a£ter a disaster. The ~lace of meeting need not be within the City, The meeting may be called by the Mayor or by the majority of the members of the City ~ouncil. Should there be only one member !of the City ICouncil, he may call and hold said meeting, and perform acts necessary to reconstitute the legislative' body. At the first meeting after a disaster, the City Council shall: (a) Ascertain the damage to the City and its person- nel and property. For this purpose it shall have the power to issu~ subpoenas to compel the attendance of witnesses and the production of records. --- (b) To proceed to reconstitute itself by filling vacancies until there are sufficient officers to form the largest quorum required by the law applicable to the City. Should only one member of the legislative body, or only one emergency interim successor is available, that one shall have the power to reconstitute the City Council. (c) To proceed to reconstitute the City by the appointment of qualified persons to fill vacancies. (d) To proceed to perform its functions in the preservation of law and order and in the furnishing of lo- cal services. S.ection 5: Assumption of Powers and Duties of Of- ficer by Emerg.e.nc~ l~terim successor. If in the event of an attack any officer named in subsections (a) and (b) of Section 3 of this Ordinance is unavailable, his emer- gency interim successor highest in rank in order of suc- cession, who is not unavailable, shall, ~xcept 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 dischsi~ge these duties only until such time as the lawful incumbent officer, o~an eme~gency~ interim successor higher in rank in order of succession, exercises, or resumes the exercise of, powers and discharge of the duties of the office, or ~ntil, where an actual ~ vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified as provided by law. Section 6: ReC, ording .a,n~d PubliC.ation. The name, address and rank in order of succession of each duly author- ized deputy shall be filed with the City Clerk, and each designation, replacement, or change in order of succession of an emergency interim successor shall become effective when the City Council designates the successor's name, 943 address and rank in order of succession. The City Clerk and Director of Civil Defense shall keep on file ell such data regarding duly authorized deputies and emergency interim successors, and it shall be open to public inspection. Sectio~ .7.: F0rmaliti~S ?f~ Takirl~. 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 dis- charg~ the duties of the office to wihich they may succeed, including, but nto limited to, attending at least one meeting to acquaint the emergency interim successor with th~ duties, p~wers~-and responsibilities of the office to ... which he is designated. S~ction 8: Quorum and Vote Requirements. In the event of an attack, (a) quorum~'requirements for the City Council shall be suspended; and (b) where the ~ffirmative vote of a specified proportion of members for approval of an Ordinance, ResolutiOn or other voting thereon shall be sufficient. Sec.t...ion 9: Separability. If any Section, sub- section, sentence, clause, phrase or portion of this Or- dinance is for any reason h~ld invalid or unconstitutional by any Court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the re- maining portion hereof. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regu~lar meetings. thereof, held on November .19, 1962. MAYOR ATTE ST: ~ CITY ~ERK "-~ STATE OF CALIFORNIA ) COUNTY OF ORE'NGE, ) CITY OF TUSTIN. ) SS. RUTH C. POE, City Clerk and ex~officio Clerk of the City Obuncil of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was duly and regularly in- troduced and read at the regular meeting of the City Council held on the 5th day of Novenber, 1962 ,and was given its second reading and duly passed and adopted --- at a regular meeting held on the 19th day of .N...ovember , 1962., by the following vote: AYES: COUNCILMEN Doney, Sheridan, Humeaton, Rack Klingelhofe r NOES: COUNCILMEN None AB SENT: C 0UNC ILMEN None \ CITY CLERK