§ 8.04. Emergency interim successors.  


Latest version.
  • In order to provide for the emergency continuity of government of the City of Ocala through legally constituted leadership, authority and responsibility, to provide for the effective operation of government of the city during an emergency, and to facilitate the early resumption of functions that may be temporarily suspended by the death, resignation, or condition where there shall be no city council serving or quorum of members serving on the city council, the following procedures shall govern:

    (a)

    All elective and appointive officers of said city shall designate by name and by order of succession emergency interim successors to fulfill the power of office in the event such officer is unavailable. The officer so designating the emergency interim successors shall name not less than three (3) nor more than seven (7) such successors.

    (b)

    The emergency interim successors shall exercise the powers and discharge the duties of the office to which designated in the event the officer is unavailable until such time as the vacancy may be filled in accordance with the constitution and statutes of the State of Florida and the charter and ordinances of the City of Ocala, or until the officer, or a preceding emergency interim successor, again becomes available to exercise the powers and discharge the duties of his office.

    (c)

    At the time of their designation, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed; and no person as a prerequisite of the exercise of the powers and duties of an office to which he succeeds shall be required to comply with any other provisions of the law relating to taking office.

    (d)

    Persons appointed as emergency interim successors shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by said designating party at any time without cause.

    (e)

    All designations of emergency interim successors shall be filed in duplicate with the clerk of the city and one copy shall be delivered by the clerk to the city manager.

    (f)

    When due to the emergency resulting from the effects of an enemy attack or the anticipated effects of a threatened enemy attack it becomes imprudent, inexpedient or impossible to conduct the affairs of the city at the City Hall, the city council of said city, as often as the exigencies of the situation require, may by proclamation decree an emergency location or locations for the seat of government at such place or places within or without the city limits of the City of Ocala as deemed advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of government of the City of Ocala to such emergency location or locations. Such emergency location or locations shall remain the seat of the government of the City of Ocala until a new seat of government is established by due process of law, or until the emergency is declared to be ended by the Governor of the State of Florida or the seat of government returned to its normal location.

    (g)

    The term "emergency interim successor" as used herein means a person designated pursuant to the provisions of F.S. §§ 22.01—22.10, in the event the officer is unavailable to exercise the powers and discharge the duties of office until a successor is elected and qualified as set forth in the statutes of the State of Florida and the charter and ordinances of the City of Ocala, or until the lawful incumbent is able to exercise the powers and discharge the duties of the office. The term "office" includes all local officers, the powers and duties of which are defined by the constitution and statutes of the State of Florida and the charter and ordinances of the City of Ocala as applicable to the City of Ocala.