CALIFORNIA EMERGENCY SERVICES ACT Preservation of Local Government

Government Code 8635 � It is essential that the local units of government continue

Government Code 8636 and 8637 � Unavailable means a City Council member is either:

Government Code 8638 � Local governing body has the power to appoint the following

Government Code 8639 and 8640 � The qualification of each standby officer should be

Government Code 8641 � Duties of Standby Officers: �Inform themselves of the duties of

Government Code 8642 and 8643 � If only one member of the City Council

Government Code 8644 � If all members of the City Council and standby members

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CALIFORNIA EMERGENCY SERVICES ACT Preservation of Local Government Code 8635 -8644 Study Session Presentation May 16, 2016

Government Code 8635 � It is essential that the local units of government continue to function. � Preservation of local government in the event of enemy attack or in the event of a state or local emergency is a matter of statewide concern. � This Act furnishes a means by which continued functioning will be assured.

Government Code 8636 and 8637 � Unavailable means a City Council member is either: �Killed �Missing �So seriously injured as to be unable to attend meetings and otherwise perform his/her duties. Questions as to whether a particular member is unavailable is settled by the City Council � Department succession for law and order and health and safety is within the purview of the City Council �

Government Code 8638 � Local governing body has the power to appoint the following standby officers: �Three for each member of the City Council �Three for the Chief Executive � If office becomes vacant due to removal, death, resignation or other cause, per our Charter, the City Council may appoint another person to fill the position or hold an election

Government Code 8639 and 8640 � The qualification of each standby officer should be carefully investigated � Consideration shall be given to places of residence and work so there is the greatest probability of survivorship � Each standby officer shall take the oath of office � Each standby officer may be removed and replaced at any time with or without cause.

Government Code 8641 � Duties of Standby Officers: �Inform themselves of the duties of the City Council. �Keep informed of the business and affairs of the City Council. �Immediately report ready for duty in the event of war or state or local emergency. �Fill the post when the City Council member is unavailable.

Government Code 8642 and 8643 � If only one member of the City Council is available, he or she may call the meeting to order to perform acts to reconstitute the governing body. � Duties include: �Reconstitute the City Council by filling vacancies by appointment of qualified persons. �Proceed to perform the functions of the City Council in preservation of local government.

Government Code 8644 � If all members of the City Council and standby members are unavailable, temporary Council Members shall be appointed: �By the County Chairman of the Board of Supervisors. �By Chairman of the Board of Supervisors of any other county within 150 miles beginning with nearest and most populated. �By the Mayor of any city within 150 miles beginning with nearest and most populated.