Bakersfield Municipal Code Ch. 2.48 Preservation of Government in Event of Disaster

Sections: 2.48.010 Findings—Purpose. 2.48.020 Definitions. 2.48.030 Standby officers—Appointments, vacancies and designations. 2.48.040 Standby officers—Qualifications.

2.48.050 Standby officers—Oath of office—Term and removal. 2.48.060 Standby officer—Duties. 2.48.070 Meeting of legislative body after disaster. 2.48.080 Power and duties in first meeting. 2.48.090 Temporary officers.

A. The council of the city finds and declares that if this state or nation were attacked by an enemy of the United States, the city might be subjected to the effects of enemy attack and could be severely damaged.

B. While such attacks are in progress and during the reconstruction period following, it is vital that the city government continue to function in order to preserve law and order and to continue or restore local services.

C. The purpose of this chapter is to furnish a means by which the continued functioning of the city government will be assured.

D. In enacting this chapter, the city intends to avail itself to the fullest extent of the powers granted to local governments by the California Emergency Services Act, Title 2, Division 1, Chapter 7 of the Government Code (commencing with Section 8550), including Article 15 thereof, concerning Preservation of Local Government. (Prior code § 2.20.010)

For the purpose of this chapter, the following words shall have the meanings as set forth in this section.

A. “Disaster” means a war or enemy-caused calamity such as an enemy attack which renders unavailable a majority of the council of the city.

B. “Local agency” means counties, cities and counties, cities, districts, authorities, and other public corporations, and entities in the state, whether organized and existing under Charter or general law.

C. “Standby officers” means qualified persons appointed pursuant to this chapter to hold themselves available to function as incumbents of the post for which they have been appointed in case of disaster.

D. “Unavailable” means that an officer is either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise to perform his duties. Any questions as to whether a particular officer is unavailable shall be settled by the legislative body of the city, or any remaining available members of the body (including standby officers who are serving on the legislative body). (Prior code § 2.20.020)

A. To provide for the continuance of the legislative and administrative departments of the city, the city council shall have the power to appoint the following standby officers:

1. Three for each councilman;

2. Three for the mayor;

3. Three for the city manager;

4. Three for each department head.

B. The appointments shall be made by a simple majority of the city council.

C. In case a standby office becomes vacant because of removal, death, resignation, or other cause, the city council shall have the power to appoint another person to fill the office.

D. Standby officers shall be designated 1, 2, and 3 in the order of their priority of succession to the office. (Prior code § 2.20.030)

A. The qualifications of each standby officer shall be carefully investigated and a summary of the qualifications of each such officer shall be entered on the minutes when he is appointed.

B. Consideration shall be given to places of residence and work, so that for each office for which standby officers are appointed, there shall be the greatest probability of survivorship. Standby officers may be residents or officers of a local agency other than that to which they are appointed as standby officers. The residence requirements for officers and employees contained in Section 43 of the city Charter shall not apply to standby officers. (Prior code § 2.20.040)

A. Each standby officer shall take the oath of office required for the officer occupying the office for which he stands by.

B. Persons appointed as standby officers shall serve in their posts as standby officers at the pleasure of the legislative body appointing them and may be removed and replaced at any time with or without cause. Standby officers shall receive no compensation for the performance of their duties as standby officers. (Prior code § 2.20.050)

Each standby officer shall have the following duties:

A. To inform himself of the duties of the office for which he is standby officer; for this purpose, the officers and employees of the city shall cooperate with the standby officers;

B. To keep informed of the business and affairs of the city to the extent necessary to fill his post completely; for this purpose, the city may arrange information meetings and require attendance;

C. To immediately report himself ready for duty in the event of disaster at the place and in the method previously designated by the city;

D. To fill the post for which he has been appointed when, because of disaster, it has become vacant. Standby officers No. 2 and 3 shall substitute in succession for standby officer No. 1 in the same way that said standby officer is substituted in place of the regular officer. He shall serve until the recovery of the regular officer from his injuries or the election or appointment of a new regular officer. (Prior code § 2.20.060)

A. The city council shall meet as soon as possible after a disaster.

B. The place of meeting need not be within the local agency.

C. The meeting may be called by the mayor, city manager, city attorney, or by a majority of the available members of the city council.

D. Should there be only one member of the city council available, he may call and hold the meeting and perform acts necessary to reconstitute the city council. (Prior code § 2.20.070)

At the first meeting after the disaster, the city council shall:

A. Ascertain the damage to the city and its personnel and property; for this purpose, it shall have the power to issue subpoenas to compel the attendance of witnesses and the production of records;

B. Proceed to reconstitute itself by filling vacancies until there are sufficient councilmen to form a quorum; should only one councilman or the mayor be available, then he shall have the power to reconstitute the city council;

C. Proceed to reconstitute the city council by appointment of qualified persons to fill vacancies;

D. Proceed to perform its functions in the preservation of law and order and in the furnishing of local services. (Prior code § 2.20.080)

Should all members of the city council, including all standby members, be unavailable, temporary officers shall be appointed as follows:

A. By the chairman of the board of supervisors of Kern County, and if he is unavailable;

B. By the chairman of the board of supervisors of Tulare County, and if he is unavailable;

C. By the chairman of the board of supervisors of Fresno County, and if he is unavailable;

D. By the mayor of the city of Delano, and if he is unavailable;

E. By the mayor of the city of Fresno. (Prior code § 2.20.090)