Napa County Municipal Code Art. II Continuity in Government

Unless the context otherwise requires, the definitions in this section shall govern the construction of this article.

"Attack" or "war emergency" 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.

"Standby officer" means a person designated and confirmed pursuant to this code and Government Code section 8635 et seq. for emergency interim succession to the office of the county 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.

"Unavailable" means that the county officer is either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform his duties. Any question as to whether a particular member of the board of supervisors is unavailable as defined herein shall be settled by the board of supervisors or any remaining available members of the board of supervisors, including standby members who are serving on the board.

(Ord. 1216 § 1 (part), 2003: prior code §§ 1205—1208)

Because of the existing possibility of an attack upon the United States of unprecedented size and destructiveness, including the inevitable hazards of radioactive or other contamination, and in order, in the event of such an attack, or in the event of a state of emergency or a local emergency, to assure the continuation of effective, legally constituted leadership, authority and responsibility in the offices of the government of this county, it is found and declared, by the board of supervisors of the county to be necessary to provide for standby officers who can exercise the powers and discharge the duties of the legislative offices of the county in the event that the incumbents thereof are unavailable as defined in this article to perform the duties and functions of their office during and immediately after an enemy attack or in the event of a state of emergency or a local emergency; therefore, in the interest of the public safety, health, welfare, and the protection of property and in pursuance of the authority conferred by the California State Government Code, Title 2, Division 1, Chapter 7, Section 8635, this Article II is enacted.

(Ord. 1216 § 1 (part), 2003: prior code § 1209)

A. Within thirty days after first entering upon the duties of his office, each member of the board of supervisors shall designate not less than three standby officers and specify their rank in order of succession. Such designation shall be placed on the next available agenda of the board of supervisors and shall become effective when confirmed by the board, filed with the clerk of the board, and recorded with the county clerk as specified in Section 2.04.120.

B. Each incumbent of the board of supervisors shall review and, as necessary, promptly revise the designations of standby officers and the board of supervisors shall promptly act on the confirmation thereof to ensure that at all times there are at least three such qualified standby officers for each member.

(Ord. 1216 § 1 (part), 2003: prior code § 1210)

No person shall be designated, confirmed or serve as an standby officer unless that person may, under the constitution and statutes of the state and the code of the county, hold the office of the person to whose powers and duties he is designated to succeed, except that standby officers may be residents or officers of a district other than the district to which they are appointed or a political subdivision other than the county. Consideration shall be given to places of residence and work so that there shall be the greatest probability of survivorship.

(Ord. 1216 § 1 (part), 2003: prior code § 1211)

A person designated as a standby officer holds that designation at the pleasure of the board of supervisors and may be removed and replaced at any time with or without cause; provided, that he must be replaced if removed. He retains his status as a standby officer until replaced by another standby officer designated by the authorized designator and confirmed by the board of supervisors.

(Ord. 1216 § 1 (part), 2003: prior code § 1212)

A. If, in the event of war emergency, a state of emergency or a local emergency, any member of the board of supervisors is unavailable, the highest available standby officer for that member shall exercise the powers and discharge the duties of a member of the board of supervisors only until such time as the lawful incumbent officer or a standby officer 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 elected and qualified as provided by law.

B. Each designated standby officer shall have the following duties:

1. To inform himself of the duties of the office for which he is designated as a standby officer. Officers and employees of the county shall assist the standby officer and the county shall provide each with a copy of this article as well as Article 15 of Chapter 7 of Division 1 of Title 2 of the California Government Code (Section 8635 et seq.).

2. To keep informed of the business and affairs of the county to the extent necessary to enable him to fill his post competently. For this purpose the county may arrange informational meetings and require attendance by the standby officers.

3. To immediately report himself ready for duty in the event of a state of war emergency, a state of emergency or a local emergency at the place and in the method previously designated by the board of supervisors or, if such location no longer exists or has become non-functional, to report at the location designated by the county director of emergency services.

(Ord. 1216 § 1 (part), 2003: prior code § 1213)

Appointment of each standby officer shall be effective only when the name, address and rank in order of succession of the standby officer has been filed with the clerk of the board of supervisors and recorded with the elections division of the county clerk. The clerk of the board of supervisors and the elections division of the county clerk shall keep on file and make available for public inspection all such data regarding duly authorized standby officers.

(Ord. 1216 § 1 (part), 2003: prior code § 1214)

At the time of their appointment, standby officers shall take the oath required to serve as a member of the board of supervisors.

(Ord. 1216 § 1 (part), 2003: prior code § 1215)

In the event of a war emergency, a state of emergency or a local emergency,

A. The board of supervisors shall proceed to reconstitute itself by filling vacancies caused by unavailability of the regular members with the standby members until there are sufficient officers to form the largest quorum required by law. Should only one member of the board of supervisors or only one standby officer be available, that one shall have power to call a meeting and to reconstitute the board of supervisors by appointment of qualified persons as standby members to fill enough of the vacancies to constitute a majority of the members of the board, at which point the members then serving shall appoint the remaining required members.

B. If all members of the board of supervisors, including all standby members, are unavailable during a state of war emergency, state of emergency, or a local emergency, temporary officers shall be appointed to serve as members of the board of supervisors until a regular member or a standby member becomes available or until the election or appointment of a new or standby member. Temporary officers shall be appointed as follows until there are sufficient numbers to form the largest quorum required by law:

1. By the chairman of the board of supervisors of any county within one hundred fifty miles of the county, beginning with the nearest and most populated county and going to the farthest and least populated, or

2. If such chairman is unavailable, by the mayor of any city within one hundred fifty miles of the county, beginning with the nearest and most populated and going to the furthest and least populated.

(Ord. 1216 § 1 (part), 2003: prior code § 1216)