3-1-108. EMERGENCY MANAGEMENT SUCCESSION OF OFFICES.
(1) As used in this Section, the following definitions shall apply:
a. “Absent” means not physically present or not able to be communicated with for 48 hours, or, during an emergency, a shorter period of time as determined by the City Manager on a case-by-case basis. “Absent” does not include a person who can be communicated with via telephone, radio, or telecommunications.
b. “Emergency interim successor” means a person designated to exercise the powers and discharge the duties of an office when the person legally exercising the powers and duties of the office is unavailable. For purposes of this Section only, “officer” means the City Manager, City Recorder, department heads, City Treasurer, and Emergency Management Coordinator.
c. “Unavailable” means absent from the place of governance during a disaster that seriously disrupts normal governmental operations, whether or not that absence or inability would give rise to a vacancy under existing constitutional or statutory provisions.
d. All other definitions found in 63-5b-102, Utah Code Annotated, 1953 as amended, are incorporated herein as may be applicable.
(2) Each officer, as defined in this Section, shall provide to the City Manager a written list designating three emergency interim successors and their order of succession. Each officer shall submit a new list when the officer or any of the successors changes or when requested by the Emergency Management Coordinator.
(3) After the City Manager approves the emergency interim successors and their order of succession, the lists shall be given to the Emergency Management Coordinator, who shall compile a master list for the City and submit it to the Division of Comprehensive Emergency Management for the State of Utah.
(4) If the officer is unavailable once a disaster has occurred, the designated emergency interim successor shall exercise the powers and duties of the office according to the order of succession. The emergency interim successor shall exercise the powers and duties of the office only until the vacancy is filled in accordance with the Constitution or statutes, or until the officer or an emergency interim successor earlier in the order of succession becomes available to exercise the powers and duties of the office.
(5) The emergency interim successor shall not be required to take an oath of office, unless specifically provided by law.
(6) All emergency interim successors serve at the pleasure of the City Manager, and may be removed and replaced at any time, with or without cause.
(7) The City Manager, upon a determination that West Valley City Hall is not capable of functioning as the seat of government for the City, may designate another location, outside of the City if necessary, to serve as the seat of government during an emergency.