Corona Municipal Code Ch. 2.56 Civil Emergency - Continuity of Government

As used in this chapter, unless the context otherwise clearly indicates, the words designated in this section have the following meanings.

(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, by sabotage or by the use of bombs, missiles, shellfire or atomic, radiological, chemical, bacteriological or biological means or other weapons or processes.

(B) "Duly authorized deputy" means a person who is presently authorized to perform all of the functions, exercise all of the powers and discharge all of the duties of an office in the event the office is vacant or at such times as it lacks administration due to the death, absence or disability of the incumbent officer.

(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 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) "State of extreme emergency," "state of disaster," "local peril," "local emergency" and "local disaster" have the same meanings as set forth in California Military and Veterans Code § 1505.

(E) "Unavailable" means 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 or her duly authorized deputy are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office.

(`78 Code, § 2.56.010)

(A) Elective officers. Within 30 days following the effective date of this chapter, and thereafter within 30 days after first entering upon the duties of his or her office, the Mayor, each member of the City Council and the City Treasurer, in addition to any duly authorized deputy, shall designate such number of emergency interim successors to his or her office and specify their rank in order of succession after any duly authorized deputy, so that there will be not less than three duly authorized deputies or emergency interim successors or combination thereof for the office.

(B) Appointive officers. The City Manager, Chief of Police, City Fire Chief, and any other designated appointed officials shall designate such number of emergency interim successors to these officers and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three duly authorized deputies or emergency interim successors or combination thereof for each officer.

(C) Review of designations. The incumbent, in the case of those elective officers specified in division (A) of this section, and the City Council, in case of those appointive officers specified in division (B) of this section, shall review and, as necessary, promptly revise the designations of emergency interim successors to insure that at all times there are at least three such qualified emergency interim successors or duly authorized deputies or any combination thereof for each officer specified.

(`78 Code, § 2.56.020.)

No person shall be designated or serve as an emergency interim successor unless he or she may, under the Constitution and statutes of this state and the charter or ordinances of this city, hold the office of the person to whose powers and duties he or she is designated to succeed, but no provision of any ordinance prohibiting an officer or employee of this city from holding another office shall be applicable to an emergency interim successor.

(`78 Code, § 2.56.030.)

A person designated as an emergency interim successor holds that designation at the pleasure of the designator, provided that he or she must be replaced if removed. He or she retains this designation as emergency interim successor until replaced by another appointed by the authorized designator.

(`78 Code, § 2.56.040.)

If, in the event of an attack, or in the event of a state of extreme emergency, state of disaster or the existence of a local peril, local emergency or local disaster, any officer named in § 2.56.020(A) and (B) and any duly authorized deputy is unavailable, his or her emergency interim successor highest in rank in order of succession who is not unavailable shall, except for the power and duty to appoint emergency 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 any duly authorized deputy or any 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.

(`78 Code, § 2.56.050.)

The name, address and rank in order of succession of each duly authorized 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 designator files with the City Clerk the successor’s name, address and rank in order of succession. The City Clerk shall keep on file all such data regarding duly authorized deputies and emergency interim successors, and it shall be open to public inspection.

(`78 Code, § 2.56.060.)

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 discharge the duties of the office to which they may succeed.

(`78 Code, § 2.56.070.)

In the event of an attack, quorum requirements for the City Council shall be suspended, and where the affirmative vote of a specified proportion of members for approval of an ordinance, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient.

(`78 Code, § 2.56.080.)