Title 114 · Chapter 114 - EMERGENCY CONTINUITY OF GOVERNMENT

Chapter 114 - EMERGENCY CONTINUITY OF GOVERNMENT

Section: 114

Sec. 113.504. - Recognition. Chapter 116 - EMPLOYEES AND EMPLOYEE BENEFITS Chapter 114 - EMERGENCY CONTINUITY OF GOVERNMENT[1]

Footnotes: --- (1) ---

Cross reference— Legislative branch, Tit. II; disaster preparedness in civil emergency, Ch. 674.

State Law reference— Emergency Interim Executive and Judicial Succession Act, F.S. Ch. 22.

PART 1. - GENERAL PROVISIONS

Sec. 114.101. - Declaration of policy.

Because of the existing possibility of an attack upon the United States of unprecedented 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 responsibility in the office of the government of the City; to provide for the effective operation of government during an emergency; and to facilitate the early resumption of functions temporarily suspended; it is found and declared necessary by the Council to provide for additional officers who can exercise the powers and discharge the duties of the key executive, administrative and legislative offices of the City in the event that the incumbents thereof 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 attack; and to provide a method of moving the seat of government temporarily.

(Ord. 79-1242-665, § 1; Ord. 83-591-400, § 1)

Note— Former § 30.101.

Sec. 114.102. - Reserved.

Editor's note— The provisions of former § 114.102, relative to legislative authority, were deleted as part of the Super Supplement to the Code. Former § 114.102 derived from Ord. 79-1242-665, § 1; Ord. 83-591-400, § 1.

Note— Former § 30.102.

Sec. 114.103. - Definitions.

In this Chapter, unless the context otherwise provides:

(a)

Attack means 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, whether by sabotage, by the use of bombs, missiles or shell-fire or by atomic, radiological, chemical, bacteriological or biological means or other weapons or processes.

(b)

Duly authorized deputy means a person who is presently authorized to exercise all of the powers and discharge all of the duties of an office in the event that the office is vacant or at such times as it lacks administration due to the death, absence or inability of the incumbent.

(c)

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 an officer in the event that such officer or a duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office.

(d)

Incumbent means the person who is entitled to exercise the powers and discharge the duties, and who is the holder, of an office by virtue of election or appointment thereto as provided in the Charter and ordinances of the City.

(e)

Office means one of the elective or appointive offices or an employee position listed in Section 114.201, and no other.

(f)

Unavailable means either:

(1)

That a vacancy exists in an office and there is no duly authorized deputy to exercise all the powers and discharge all the duties of the office; or

(2)

That the incumbent (including any duly authorized deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy, and all of them if more than one, are absent from the City or unable, for physical, mental or legal reason, to exercise the powers and discharge the duties of the office.

(Ord. 79-1242-665, § 1; Ord. 83-591-400, § 1)

Note— Former § 30.103.

PART 2. - EMERGENCY INTERIM SUCCESSORS

Sec. 114.201. - Applicability.

The provisions of this Part shall apply, and authorization to designate emergency interim successors is granted, only to the following offices:

(a)

The Mayor, each Councilmember, the Sheriff, the Supervisor of Elections, the Property Appraiser and the Tax Collector.

(b)

All department heads, deputy department heads and division heads in the Consolidated Government.

(c)

The Council Secretary.

(Ord. 79-1242-665, § 1; Ord. 83-591-400, § 1; Ord. 84-1462-779, § 1; Ord. 86-986-558, § 1; Ord. 86-1305-736, § 3; Ord. 87-876-472, § 1; Ord. 94-1272-768, § 3; Ord. 95-570-551, § 1; Ord. 97-229-E, § 17)

Note— Former § 30.201.

Sec. 114.202. - Designation.

(a)

Within 30 days after first entering upon the duties of the office, the incumbent of each office shall designate in writing not less than three nor more than seven emergency interim successors to the office and specify their rank in order of succession after any duly authorized deputy so that there will not be less than five duly authorized deputies or emergency interim successors or combination thereof for the office. The name, address and rank in order of succession of each duly authorized deputy and each emergency interim successor shall be filed with the Council Secretary, and all changes in the duly authorized deputies or in the designation or order of succession of emergency interim successor shall be filed with the Council Secretary. Designations of emergency interim successors and changes therein and in the order of succession thereof shall become effective when filed with the Council Secretary. Designations of emergency interim successors and changes therein shall become effective when filed with the Council Secretary.

(b)

At least annually, the incumbent in each office shall review and, if necessary, promptly revise the designations of emergency interim successors to ensure that at all times there are at least five qualified emergency interim successors or duly authorized deputies or combinations thereof for the office. This review may also be made at other times whenever the incumbent in an office deems it necessary because of changes in duly authorized deputies, because a designated emergency interim successor has become disqualified to be an emergency interim successor for the office, because the incumbent desires to change the order of succession among the designated emergency interim successors or because for any other reason a change is necessary or desirable. The annual review shall be completed on or before August 1.

(Ord. 79-1242-665, § 1; Ord. 83-591-400, § 1)

Note— Former § 30.202.

Sec. 114.203. - Qualifications.

No person shall be designated or serve as an emergency interim successor unless he is qualified under the Charter and ordinances of the City to hold the office to which he is designated an emergency interim successor, but no provision of the Charter or of any ordinance prohibiting an officer or employee of the City from holding another office shall be applicable to an emergency interim successor. At the time of his designation, an emergency interim successor shall take such oath and do such other things, if any, as are required to qualify him to exercise the powers and discharge the duties of the office as to which he has been designated an emergency interim successor; provided, that the designation of an emergency interim successor for an office subject to confirmation by the Council shall not require the approval of the Council to be effective.