[Adopted 1-11-1965 by Ord. No. 763]
[Amended 10-9-1995 by Ord. No. 1944]
Because of the existing possibility of attack
upon the United States of unprecedented size and destructiveness,
and in order, in the event of such an attack, to assure continuity
of government through legally constituted leadership, authority and
responsibility in offices of the Township, to provide for the effective
operation of Township government during an emergency and to facilitate
the early resumption of functions temporarily suspended, it is found
and declared to be necessary to provide for additional officers who
can exercise the powers and discharge the duties of and for the Township;
and to provide for emergency interim succession to Township offices
in the event the incumbents thereof and their deputy assistants or
other subordinate officers authorized, pursuant to law, to exercise
all the powers and discharge the duties of such offices (hereinafter
referred to as "Deputies") are unavailable to perform the duties and
functions of such offices.
[Added 10-9-1995 by Ord. No. 1944]
The following words and phrases shall have the
meanings as given hereinafter, unless specifically stated otherwise:
Any attack or series of attacks by an enemy or otherwise
of the United States causing or which may cause substantial damage
or injury to civilian property or person in the United States in any
manner by sabotage or by the use of bombs, missiles, shell fire or
atomic, radiological, chemical, nuclear, bacteriological or biological
means or other weapons or processes.
A person designated pursuant to this Code in the event the
officer is unavailable to exercise the powers and discharge the duties
of an office until a successor is appointed or elected and qualified,
as may be provided by the Constitution, statutes, charters and ordinances
or until the lawful incumbent is able to resume the exercise of the
powers and discharge the duties of the office.
Includes all offices, the powers and duties of which are
defined by the Constitution, statutes, charters and ordinances.
A vacancy in office exists and there is no deputy authorized
to exercise all the powers and discharge the duties of the office,
that the lawful incumbent of the office, including any deputy exercising
the powers and discharging the duties of an office because of a vacancy
and his duly authorized deputy are absent or unable to exercise the
powers and discharge the duties of the office, or the officer is not
present within the emergency operating center of the Township Municipal
Building or at a designated site of government for the Township of
Whitehall in the event of the destruction of the municipal building.
The site of government for the Township of Whitehall
shall be the Township Municipal Building and in the event of its destruction,
the highest ranking emergency interim successor who may be otherwise
available shall designate the site of Township government.
[Amended 3-9-1979 by Ord. No. 950; 5-13-1976 by Ord. No.
1187; 10-10-1977 by Ord. No. 1252]
Pursuant to the Act of Assembly of the Commonwealth
of Pennsylvania, of October 23, 1959, P.L. 1369, as amended, in the
event of an attack, the following shall be the emergency interim successors
to office for the Township of Whitehall when duly elected or appointed
officers are unavailable and the normal functions of local government
have been disrupted:
A.
Mayor.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
B.
Deputy Mayor.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
C.
Board of Commissioners of the Township of Whitehall,
or a quorum of thereof.
D.
President of the Board of Commissioners.
E.
Vice President of the Board of Commissioners.
F.
Secretary of the Board of Commissioners.
G.
Remaining Commissioners, in descending order of their
ages.
H.
Head of the Department of Operations.
I.
Chief of Police.
J.
Chief of Fire Department.
K.
Captains in the Bureau of Police, in descending order
of their seniority.
L.
Detectives in the Bureau of Police, in descending
order of their seniority.
M.
Sergeants in the Bureau of Police, in descending order
of their seniority.
N.
Assistant Fire Chiefs, in descending order of their
seniority.
[Added 10-9-1995 by Ord. No. 1944; amended 8-8-2005 by Ord. No.
2578]
Prior to taking up the duties to which they
may temporarily succeed, 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.
[Added 10-9-1995 by Ord. No. 1944; amended 8-8-2005 by Ord. No.
2578]
Officials authorized to act as emergency interim
successors are empowered to exercise the powers and discharge the
duties of an office as herein authorized only after an attack upon
the Unites States as defined herein has occurred.
The emergency interim successors to office,
in the order designated herein, shall take and direct and perform
all necessary legislative and executive functions of Township government
until such time as the normal functions of Township government can
be restored. It shall be the duty of each emergency interim successor
to restore the normal functions of government, as defined by law (Act
of 1959, P.L. 1369), as quickly as possible.
All designated emergency interim successors
to office shall have the duty to proceed as quickly as possible to
the site of government and, in the event this is not possible, he
or she shall designate his or her successors to office in accordance
with the "Emergency Interim Executive and Judicial Succession Act
of 1959," who shall in turn proceed as quickly as possible to the
site of government. Said designation shall be made in writing and
signed by said officer.
As normal functions of local government are
restored, each emergency interim successor in office shall relinquish
control to the officers immediately preceding in the order as designated
herein, unless preceding emergency interim successors in office shall
waive the power to control in favor of a successor.
Each emergency interim successor in office shall
comply with all Federal and State Civil Defense Acts, regulations
and directions, as well as the laws and Constitutions of the United
States and the Commonwealth of Pennsylvania.
[Amended 10-9-1995 by Ord. No. 1944]
The following State Civil Defense Acts, as amended,
are incorporated by reference herein and made a part thereof, to the
extent that they may be applicable, as fully as though the same were
set forth at length.
[Added 10-9-1995 by Ord. No. 1944; amended 8-8-2005 by Ord. No.
2578]
When acting as an emergency interim successor,
said emergency interim successor may declare a local disaster emergency
under and pursuant to the Pennsylvania Emergency Management Act, thereby
authorizing the Whitehall Township Emergency Management Organization
to act in accordance with the plan and program of the Pennsylvania
Emergency Management Agency, which includes the responsibility for
the emergency management response and recovery within the territorial
limits of the Township.
