[HISTORY: Adopted by the Mayor and Council of the City of Woodbury 10-19-1976 by Ord. No. 1294-76 as Ch. 9 of the 1976 Code. Amendments noted where applicable.]
Administration of government — See Ch. 3.
Whenever the health, welfare and safety of the people of the City and its environs are in jeopardy or grave danger as a result of any enemy attack or invasion upon the United States of America or natural disaster, and the circumstances are such that it is impossible to convene the governing body in time to meet the grave emergencies by which the people are beset, the Mayor of the City or his or her successor is hereby authorized to enact appropriate regulations either by proclamation or by general order in the interests of the health, welfare and safety of the City.
The Mayor shall appoint a Director of Emergency Management, who shall act under the direction of the Mayor and whose salary shall be provided for in the annual Salary Ordinance.
Pursuant to the authority granted by Chapter 438 of the Laws of New Jersey of 1953 and the provision of the City Charter of 1870, the governing body of the City hereby makes the following provisions for emergency succession to City offices:
In the event of any disaster, local disaster, war emergency, emergency or other catastrophe contemplated by the provisions of this chapter, the following members of City Council (all of whom are elective officers) shall stand in line of succession to the office of Mayor in the event of the death or disability or other disqualification of the Mayor resulting from such disaster or calamity, and the succession shall follow in the order in which such members of Council are designated herein:
In the event of the death or disability or other disqualification of the President of Council, President Pro Tempore of Council, Chair of Police Committee, Chair of the Fire Committee and Chair of the Finance Committee, the remaining members of Council who are without disability or other disqualification shall assume the office of Acting Mayor in the order of their seniority.
In such disaster, local disaster emergency, war emergency or emergency, a majority of the survivors of the City Council who are both competent and able to continue with their duties as Councilmembers shall constitute a quorum, and during any such emergency as is contemplated under the provisions of this chapter, the City Council or the survivors of its members who are competent and able to carry on the government of the City may designate any suitable and convenient place other than the City Hall, either within or without the City limits, in which to meet and hold its meetings during the period of such emergency, and the authority hereby granted shall permit the meeting place to be changed from time to time as circumstances shall dictate.
Appointive offices. The Mayor, subject to confirmation by the City Council, shall, within 30 days following the effective date of this section and thereafter within 30 days after first entering upon the duties of his or her office, designate such number of temporary emergency successors as deemed necessary.
Review of designations. The incumbent, in the case of those elective officers specified in Subsection A of this section, and the Mayor shall review and, as necessary, promptly revise the designation of temporary emergency successors to ensure that at all times there is at least one such qualified emergency successor for each officer.
Emergency officials and employees. During any period of time when this chapter is operative, the Mayor or Acting Mayor, as chief executive of the City, shall have whatever authority necessary to name such emergency officials and employees as deemed necessary.
Qualifications. No person shall be designated or serve as an emergency successor unless he or she may under the Constitution and statutes of this state and the ordinances of this City hold the office of the person to whose powers and duties he or she is designated to succeed, but no provision of any ordinance or law which simply prohibits an officer or employee of this City from holding another office shall be applicable to a temporary emergency successor, provided that no person in any event shall be designated temporary emergency successor to more than one officer.
Status of temporary emergency successor. A person designated as a temporary emergency successor holds that designation at the pleasure of the designator and may be removed or replaced by such designated authority at any time, with or without cause, provided that he or she must be replaced if removed. He or she retains his or her designation as temporary emergency successor until replaced by another appointed by the authorized designator or his or her successor.
If in the event of an attack any officer or his or her duly authorized deputy is unavailable, his or her temporary emergency successor highest in rank in order of succession who is not unavailable shall, except for the power and duty to appoint temporary emergency successors, exercise the powers and discharge the duties of such officer. A temporary emergency successor shall exercise these powers and discharge these duties only until such time as the lawful incumbent officer or any duly authorized deputy or temporary emergency successor higher in rank or in order of succession exercises or resumes the exercise of the powers and duties of the office, or until, where an actual vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified as provided by law.
The designation and rank of a temporary emergency successor shall become effective when the designator files with the City Clerk/Administrator the successor's name, address and rank in order of succession. The City Clerk/Administrator shall keep on file all such data regarding temporary emergency successors, and it shall be open to public inspection.
At the time of their designation, temporary emergency successors shall take such oath as may be required to qualify them to exercise the powers and discharge the duties of the officer whom they may succeed. No person as a prerequisite to the exercise of the powers or discharge of the duties of an officer whom he or she succeeds shall be required to comply with any other provision of law relative to taking office.
[Amended 11-28-2005 by Ord. No. 2015-05]
Whenever in any proclamation or general order issued by the Mayor or his or her successor pursuant to the provisions of this chapter any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in any such proclamation or general order, rule or regulation promulgated by the Mayor or his or her successor in office the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such proclamation or general order or regulation promulgated pursuant thereto shall be punished by one or more of the following: a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days. Each day any violation of such proclamation, general order or regulation shall continue shall constitute a separate offense.