Yuba County Municipal Code Ch. 2.75 Continuity of Government in Cases of an Emergency

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State Law reference— Continuity of government, Government Code § 8639 et seq.

In the event that at the time of or as a consequence of any disaster or occurrence as defined in Chapter 420, any of the incumbents of the office of Supervisor shall be killed or rendered incapable of performing the duties of such office, the office shall be filled, until such time as a successor can be selected in the manner prescribed by law, as provided in this Section. Any such vacancy or vacancies shall, for the emergency period, be filled by appointments made in the following order of preference:

(1) First: The remaining members of the Board of Supervisors if there is a vacancy in the Chairmanship.

(2) Second: The County Clerk.

(3) Third: The Sheriff.

(4) Fourth: The County Administrator or his designee.

(Prior Code, § 2.75.010; Ord. No. 537)

State Law reference— Appointment of standby officers, Government Code § 8638.

The Chair of the Disaster Council is the Director of Emergency Services. In the event that at the time of or as a consequence of any disaster or occurrence as defined in Chapter 420, the incumbent of the office of Disaster Council Chairman shall be killed or rendered incapable of performing the duties of such office, the individuals who hold permanent appointments to the following positions in the government of Yuba County will automatically serve as Acting Director in the order shown and serve until a successor has been appointed by the Board of Supervisors, and seated:

(1) First Alternate: Director of Emergency Services or qualified designee.

(2) Second Alternate: Chair of Board of Supervisors.

(Prior Code, § 2.75.020; Ord. No. 537)

Alternate to members of the Disaster Council shall be shown in appropriate staff or service administrative orders.

(Prior Code, § 2.75.030; Ord. No. 537)

(a) Alternate to the offices or positions equivalent to the head of any office, agency, or department, or to the principal deputy of the head of any office, agency, or department shall be shown in orders issued by such office, agency or department authorities. As to departments the alternate is determined by the duly adopted emergency operations plan.

(b) The person appointed in the manner prescribed herein to fill any such office or position shall exercise all the duties and powers of that position during the emergency and until such time as a successor can be appointed or selected in the manner provided by law.

(Prior Code, § 2.75.040; Ord. No. 537)

(a) Whenever it becomes imprudent, inexpedient, or impossible to conduct the affairs of County government at the regular place or places thereof, the temporary seat of government will be as determined by the duly adopted emergency operations plan.

(b) During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of the County shall have and possess and shall exercise at such location and locations, all of the executive, legislative, and judicial powers and functions conferred upon such body and officers by or under the laws of this State. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be valid and binding as if performed within the territorial limits of the County.

(Prior Code, § 2.75.050; Ord. No. 537)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.