Windsor Municipal Code Art. 2 Preservation of Local Government

As used in this article:

Disaster shall mean a war or enemy caused calamity such as an attack by nuclear weapons which renders unavailable a majority of the Council of the Town of Windsor.

Unavailable shall mean that a Councilmember is either killed, missing or so seriously injured as to be unable to attend meetings and otherwise perform his/her duties. Any question as to whether a particular officer is unavailable shall be settled by the Town Council or any remaining available members thereof.

(Ord. No. 92-22 § 2 (part))

To provide for the continuance of the legislative and executive departments of the Town in occasions of a disaster, the Town Council may appoint three (3) standby officers for each member of such Council to succeed to such member's duties in the event of his unavailability as a result of a disaster.

Standby officers shall be appointed, serve and qualify in accordance with Title Two, Division One, Chapter Seven, Article Fifteen of the Government Code of the State of California, commencing with Section 8635. The Town Council shall have discretion as to whether or not such appointments shall be made. In the event of a disaster any vacancy occurring on the Town Council which cannot be filled by a standby officer by reason of the fact that standby officers have not been appointed or are unavailable, shall be filled as provided by this section.

(Ord. No. 92-22 § 2 (part))

The Town Council shall meet as soon as possible after a disaster. The place of meeting need not be within the Town. The meeting may be called by the Mayor or by a majority of the available members of the legislative body. Should there be only one (1) member of the legislative body available, he may call and hold such meeting and perform any acts necessary to reconstitute the Town Council.

At the first meeting after the disaster the Town Council shall:

a. Ascertain the damage to the Town, to personnel and property;

b. Proceed to reconstitute itself by filling vacancies until there are three (3) members of such Council. Should only one (1) member of the Council, or only one (1) standby officer be available, he shall have the power to reconstitute the Town Council;

c. Proceed to reconstitute the government of the Town by appointment of qualified persons to fill vacancies in the governmental system;

d. Proceed to perform its functions in the preservation of law and order and in the furnishing of local services.

(Ord. No. 92-22 § 2 (part))

Should all members of the legislative body be unavailable, temporary officers shall be appointed as follows:

a. By the Chairman of the Board of Supervisors of the County, and if he is unavailable;

b. By the Mayor of any city within one hundred fifty (150) miles of the local agency beginning with the nearest and most populated city and going to the farthest and least populated.

(Ord. No. 92-22 § 2 (part))