Resolution 098a-1961
RESOLUTION NO.
98 -1961
TO PROVIDE, IN THE EVENT OF ATTACK UPON THE UNITED
STATES, FOR THE CONTINUITY OF THE EXECUTIVE FUNC-
TIONS OF THE. GOVERNMENT OF MONROE COUNTY, STATE
OF FLORIDA, BY THE DE SIGNA TION OF ADDITIONAL OFFI-
CERS TO SERVE FOR THE DULY ELECTED OR APPOINTED
OFFICIALS OF MONROE COUNTY WHEN SUCH ELECTED OR
APPOINTED OFFICIALS ARE UNA V AILABLE.
WHEREAS, there exists the possibility of an attack upon the United
States of unprecedented size and destructiveness, and
WHEREAS, as a result of such attack the duly elected or appointed
officials of Monroe County may be UNA V AILABLE to discharge the leader-
ship, authority and re sponsibility of the office to which elected or appoin-
ted, and
WHEREAS, due to the almost certain disruption of communications
and other services of government it may be impracticable because of the
urgency of the situation to initiate and pursue the existing legal procedures
for the election or appointment of successors to those officials UNA VAIL-
ABLE by reason or enemy attack, and
WHEREAS, it is considered imperative to provide for the effective
operation of civil government under national emergency conditions to supply
the necessary social services to survivors of the attack; to sustain morale;
restore economic functions; resume essential production, and facilitate the
earliest possible resumption of functions temporarily suspended through
necessity, and
WHEREAS, HOUSE BILL NO. 669 (Chapter 59-447) Florida Legisla-
ture of 1959, enables political subdivisions of the State of Florida to provide
through appropriate Resolution or Ordinance for erne rgency interim succe s-
sion to public office to assure the continuation of essential functions of the
government of Monroe County under conditions of enemy attack, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, the legally constituted governing body
thereof, in official session assembled this the 14th day of November, 1961,
that in order to assure legally constituted leadership, authority and respon-
sibility in the executive offices of Monroe County in the event of enemy
attack, and to provide for the continuation of essential functions of civil
government during such periods of emergency, the following procedures
governing automatic interim emergency succes sion to office in the event
of the UNA V AILABILITY of the duly elected or appointed officials are
hereby established:
1. Each duly elected County Commissioner or other County Official
shall designate, by title, if feasible, or by named person, not les s than
three (3) nor more than seven (7) emergency interim successors to his of-
fice and specify their order of succession.
2. It shall be incumbent upon each County Commissioner and other
elected County Official to review and revise as neces sary, the designations
of emergency interim successors made pursuant to this Resolution.
3. The Clerk of the Court shall maintain in current status the list
of designees for emergency interim succession to the elective offices of
the County, and the order of their succession.
4. The emergency interim successor (designee) shall exercise the
powers and discharge the duties of the office to which designated until such
time as the vacancy created by the UNAVAILABILITY of the regularly elec-
ted official shall be filled in accordance with the Constitution or applicable
Statutes or until the elected official (or a preceding designated emergency
interim successor) again becomes available to exercise the powers and dis-
charge the duties of his office.
5. Designated emergency interim successors are empowered to
exercise the powers and discharge the duties of the office to which designa-
ted ONLY AFTER AN ATTACK ON THE UNITED STATES HAS OCCURRED
and then ONLY by reason of the UNAVAILABILITY of the regular incumbent
or the immediately preceding designated successor. Designated emergency
interim successors are retained on the official roster of successors and in
the established order of their succession at the pleasure of the designating
authority, who may amend or revise such roster with or without cause.
6. Designated emergency interim successors shall upon designation
take the same oath of office as prescribed for the duly elected official with
the further stipulation that the designee shall be empowered to exercise
the powers and duties of such office only in the event of the UNAVAILABILITY
of the duly elected incumbent, or the immediately preceding successor,
following enemy attack on the United States. No other oath of office shall
be required for succession to the office under the conditions stated herein.
Dated November 14th, 1961.