HomeMy WebLinkAboutMINUTES - 01142014 - C.60RECOMMENDATION(S):
1. UPDATE the official list of persons to serve, in priority order, as standby officers for the respective members of
the Board of Supervisors, pursuant to County Ordinance Code section 42-4.004:
District I District II District III District IV District V
1.Terrance Cheung Phil Andersen David Piepho Ron Mullin Janis Glover
2.Al Miller Gayle Israel Steve Barr Guy Bjerke Mary Erbez
3.Vernon Whitmore Dominique Yancy Mike Davies Sherry Sterrett David Fraser
2. DIRECT that the above appointments supersede all previous appointments.
3. REQUEST that the Emergency Services Division of the Sheriff's Office meet with any Standby Officer that
requests it, and provide an overview of the County Emergency System, to include written procedures and contact
information, and address any questions raised by the Standby Officers
FISCAL IMPACT:
None to the County from this action.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 01/14/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Julie DiMaggio Enea
925.335.1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: January 14, 2014
, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc: CAO, County Counsel, Clerk of the Board
C. 60
To:Board of Supervisors
From:David Twa, County Administrator
Date:January 14, 2014
Contra
Costa
County
Subject:2014 APPOINTMENT OF STANDBY OFFICERS TO MEMBERS OF THE BOARD OF SUPERVISORS
BACKGROUND:
Pursuant to the California Emergency Services Act, Article 15, Preservation of Local Government, the governing
body of a political subdivision of the State is required to appoint three Standby Officers for each member of the
governing body. Accordingly, Section 42-4.004 of the County Ordinance Code requires the Board to make such
appointments.
A Standby Officer appointed by the Board is to serve in place of a regular Board member when the regular Board
member is unavailable during a state of war emergency, a state of emergency, or a local emergency. (Unavailable
means that the regular Board member has been killed, is missing, or is seriously injured as to be unable to attend
meetings and otherwise perform his/her duties.) Appointment of the specified Standby Officers will assure a line
of succession so that in the event of the unavailability of one or more regular Board members during a state of war
emergency, a state of emergency, or a local emergency, the business of the Board of Supervisors may continue to
be conducted with a full complement of Board members. A Standby Officer shall serve until the regular officer
becomes available or until the election or appointment of a new regular officer. As required by County Ordinance
Code, the status of these Standby Officer appointments will be reviewed annually to determine if any changes in
appointees is necessary.
Government Code section 8641 sets out the duties of Standby Officers for the Board of Supervisors:
1) To be informed of the Supervisor's duties.
2) To be informed of the business and affairs of the County.
3) To immediately report for duty in the event of a state of war emergency, state of emergency, or state of
local emergency.
4) To fill the Supervisor's post when the Supervisor is unavailable (dead, missing, or seriously injured) due
to a state of war emergency, state of emergency, or state of local emergency.
The County must provide the Standby Officers with copies of California Emergency Services Act, Article 15:
Preservation of Local Government (Gov. Code, §§ 8635-8644.) (See attachment.) The County can also host
meetings to keep the Standby Officers informed about County business and can require their attendance at these
meetings. (Gov. Code, § 8641 (b).) Standby Officers must take the same oath of office as the Supervisor and serve
at the pleasure of the BOS. (Gov. Code, § 8640.)
CONSEQUENCE OF NEGATIVE ACTION:
Without the appointment of the specified standby officers, there will be no line of succession in the event of the
unavailability of one or more regular Board members during a state of war emergency, a state of emergency, or a
local emergency. Therefore, the business of the Board of Supervisors may not continue to be conducted with a
full complement of Board members.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
CA Emergency Services Act_Art 15_Preservation of Local Govt
8635.
8636.
8637.
8638.
8639.
Code: Section:
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GOVERNMENT CODE - GOV
TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. )
DIVISION 1. GENERAL [8000 - 8899.24] ( Division 1 enacted by Stats. 1943, Ch. 134. )
CHAPTER 7. California Emergency Services Act [8550 - 8668] ( Chapter 7 added by Stats. 1970, Ch. 1454. )
ARTICLE 15. Preservation of Local Government [8635 - 8644] ( Article 15 added by Stats. 1970, Ch. 1454. )
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.
(Amended by Stats. 1974, Ch. 595.)
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).
(Added by Stats. 1970, Ch. 1454.)
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.
(Added by Stats. 1970, Ch. 1454.)
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.
(Amended by Stats. 1974, Ch. 595.)
The qualifications of each standby officer should be carefully investigated, and the governing body may
request the Director of Emergency Services to aid in the investigation of any prospective appointee. No
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8640.
8641.
8642.
8643.
8644.
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.
(Amended by Stats. 2013, Ch. 352, Sec. 176. Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
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.
(Added by Stats. 1970, Ch. 1454.)
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.
(Amended by Stats. 1992, Ch. 1020, Sec. 1.7. Effective January 1, 1993.)
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.
(Amended by Stats. 1974, Ch. 595.)
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.
(Amended by Stats. 1974, Ch. 595.)
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,
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(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.
(Added by Stats. 1970, Ch. 1454.)
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