SECTIONS 8635-8644 - California Statutes

GOVERNMENT CODE

SECTION 8635-8644

8635. The Legislature recognizes that if this state or nation were
attacked by an enemy of the United States, many areas in California
might be subjected to the effects of an enemy attack and some or all
of these areas could be severely damaged. During such attacks and in
the reconstruction period following such attacks, law and order must
be preserved and so far as possible government services must be
continued or restored. This can best be done by civil government. To
help to preserve law and order and to continue or restore local
services, it is essential that the local units of government continue
to function.
In enacting this article the Legislature finds and declares that
the preservation of local government in the event of enemy attack or
in the event of a state of emergency or a local emergency is a matter
of statewide concern. The interdependence of political subdivisions
requires that, for their mutual preservation and for the protection
of all the citizens of the State of California, all political
subdivisions have the power to take the minimum precautions set forth
in this article. The purpose of this article is to furnish a means
by which the continued functioning of political subdivisions will be
assured. Should any part of this article be in conflict with or
inconsistent with any other part of this chapter, the provisions of
this article shall control.
Nothing in this article shall prevent a city or county existing
under a charter from amending said charter to provide for the
preservation and continuation of its government in the event of a
state of war emergency.

8636. As used in this article, "unavailable" means that an officer
is either killed, missing, or so seriously injured as to be unable to
attend meetings and otherwise perform his duties. Any question as to
whether a particular officer is unavailable shall be settled by the
governing body of the political subdivision or any remaining
available members of said body (including standby officers who are
serving on such governing body).

8637. Each political subdivision may provide for the succession of
officers who head departments having duties in the maintenance of law
and order or in the furnishing of public services relating to health
and safety.

8638. To provide for the continuance of the legislative and
executive departments of the political subdivision during a state of
war emergency or a state of emergency or a local emergency the
governing body thereof shall have the power to appoint the following
standby officers:
(a) Three for each member of the governing body.
(b) Three for the chief executive, if he is not a member of the
governing body.
In case a standby office becomes vacant because of removal, death,
resignation, or other cause, the governing body shall have the power
to appoint another person to fill said office.
Standby officers shall be designated Nos. 1, 2, and 3 as the case
may be.

8639. The qualifications of each standby officer should be
carefully investigated, and the governing body may request the
Secretary of Emergency Management to aid in the investigation of any
prospective appointee. No examination or investigation shall be made
without the consent of the prospective appointee.
Consideration shall be given to places of residence and work, so
that for each office for which standby officers are appointed there
shall be the greatest probability of survivorship. Standby officers
may be residents or officers of a political subdivision other than
that to which they are appointed as standby officers.

8640. Each standby officer shall take the oath of office required
for the officer occupying the office for which he stands by. Persons
appointed as standby officers shall serve in their posts as standby
officers at the pleasure of the governing body appointing them and
may be removed and replaced at any time with or without cause.

8641. Each standby officer shall have the following duties:
(a) To inform himself or herself of the duties of the office for
which the officer stands by. Officers and employees of the political
subdivision shall assist the standby officer and each political
subdivision shall provide each standby officer with a copy of this
article.
(b) To keep informed of the business and affairs of the political
subdivision to the extent necessary to enable the standby officer to
fill his or her post competently. For this purpose the political
subdivision may arrange information meetings and require attendance.
(c) To immediately report himself or herself ready for duty in the
event of a state of war emergency or in the event of a state of
emergency or a local emergency at the place and in the method
previously designated by the political subdivision.
(d) To fill the post for which he or she has been appointed when
the regular officer is unavailable during a state of war emergency, a
state of emergency or a local emergency. Standby officers Nos. 2 and
3 shall substitute in succession for standby officer No. 1 in the
same way that standby officer No. 1 is substituted in place of the
regular officer. The standby officer shall serve until the regular
officer becomes available or until the election or appointment of a
new regular officer.

8642. Whenever a state of war emergency a state of emergency or a
local emergency exists the governing body of the political
subdivision shall meet as soon as possible. The place of meeting need
not be within the political subdivision. The meeting may be called
by the chief executive of the political subdivision or by a majority
of the members of the governing body. Should there be only one member
of the governing body, he may call and hold said meeting and perform
acts necessary to reconstitute the governing body.

8643. During a state of war emergency a state of emergency or a
local emergency the governing body shall:
(a) Ascertain the damage to the political subdivision and its
personnel and property. For this purpose it shall have the power to
issue subpoenas to compel the attendance of witnesses and the
production of records.
(b) Proceed to reconstitute itself by filling vacancies until
there are sufficient officers to form the largest quorum required by
the law applicable to that political subdivision. Should only one
member of the governing body or only one standby officer be
available, that one shall have power to reconstitute the governing
body.
(c) Proceed to reconstitute the political subdivision by
appointment of qualified persons to fill vacancies.
(d) Proceed to perform its functions in the preservation of law
and order and in the furnishing of local services.

8644. Should all members of the governing body, including all
standby members, be unavailable, temporary officers shall be
appointed to serve until a regular member or a standby member becomes
available or until the election or appointment of a new regular or
standby member. Temporary officers shall be appointed as follows:
(a) By the chairman of the board of supervisors of the county in
which the political subdivision is located, and if he is unavailable,
(b) By the chairman of the board of supervisors of any other
county within 150 miles of the political subdivision, beginning with
the nearest and most populated county and going to the farthest and
least populated, and if he is unavailable,
(c) By the mayor of any city within 150 miles of the political
subdivision, beginning with the nearest and most populated city and
going to the farthest and least populated.