[HISTORY: Adopted by the Common Council of the City of Franklin as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-5-1997 by Ord. No. 97-1461 as Secs 1.03 and 1.04 of the 1997 Code]
Declaration of policy. Because of the existing possibility of enemy attack upon the United States of unprecedented size and destructiveness, and in order in the event of such an attack and only in such event to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government in periods of emergency resulting from enemy action in the form of an attack and to facilitate the early resumption of functions temporarily suspended, it is determined and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of Mayor to provide for emergency interim succession to governmental offices of the City if the incumbents thereof and their deputies, assistants or other subordinates authorized pursuant to law to exercise all of the powers and discharge the duties and functions of such offices, hereinafter referred to as "deputy," are unavailable to perform the duties and functions of such offices.
[Amended 12-15-1998 by Ord. No. 98-1526]
Definitions. As used in this article, the following terms shall have the meanings indicated, unless the context clearly requires otherwise:
- An enemy action taken by an enemy of the United States causing, or which may cause, substantial damage or injury to persons or property in the City in any manner by sabotage or by use of bombs, missiles, shellfire or atomic, radiological, chemical, bacteriological and biological means or weapons or methods.
- EMERGENCY INTERIM SUCCESSOR
- A person designated pursuant to this article, if 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 charter or ordinance or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.
- Includes all the City of Franklin offices, the powers and duties which are defined by charter and ordinances, except the Office of the Mayor and except those in the Council.
- Either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of an office because of a vacancy and his or her duly authorized deputy is absent or unable to exercise the powers and discharge the duties of the office.
Emergency interim successors to Office of Mayor. If the Mayor, for any reason specified in the charter or ordinances, is not able to exercise the powers and discharge the duties of his or her office, or is unavailable, and if the President of the Council for any of the reasons specified in the charter or ordinances is not able to exercise the powers and discharge the duties of the Office of Mayor, or is unavailable, the Aldermanic members of the Common Council, excepting the Common Council President, in rotation according to district number representation and calendar month (commencing with October 2002, i.e., October, 2002: District 1; November, 2002: District 2, and so on; the City Clerk preparing a calendar showing such rotation upon each election of a Common Council President for the forthcoming or remaining term of the Council President and the City Clerk maintaining such calendar in the office of the City Clerk), shall exercise the powers and discharge the duties of the Office of Mayor until a new Mayor is elected and qualified or until a preceding named officer becomes available; but no emergency interim successor to the aforementioned offices may serve as Mayor. In the event that an Aldermanic member is unable or unavailable to serve as set forth above during the Aldermanic member's designated service month and the inability or unavailability of the Mayor and Council President, the Alderperson designated upon the rotation calendar for such service during the next succeeding month shall so serve during such designated service month until the earlier of the expiration of such month or until a preceding named officer becomes available.
[Amended 9-24-2002 by Ord. No. 2002-1725; 10-15-2002 by Ord. No. 2002-1729]
Emergency interim successor for other officers. All City officers, subject to such regulation as the Mayor (or other official authorized under the charter or this article to exercise the powers and discharge the duties of the Office of Mayor) may issue, shall, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the offices, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this article to ensure their current status. The officer shall designate a sufficient number of such interim successors so that there will be not less then three nor more than seven such deputies or emergency successors, or any combination thereof, at any time. If any City officer is unavailable following an attack, and if his or her deputy, if any, is also unavailable, the powers of his or her office shall be exercised, and the duties of his or her office shall be discharged by his or her designated interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the Mayor under the charter or authority other than this article or other official authorized under the charter or this article to exercise the powers and discharge the duties of the Office of Mayor may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed or elected and qualified as provided by law, or an officer or his or her deputy or a preceding named emergency interim successor becomes available to exercise or resume the exercise of the powers and discharge the duties of his or her office.
Status and qualification of designees. No person shall be designated or serve as an emergency interim successor unless he or she is eligible under the charter and ordinances to hold the office to which powers and duties he or she is designated to succeed, but no charter or ordinance provisions prohibiting the City officials from holding another office shall be applicable to an emergency interim successor.
Formalities of taking office. 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. No person as a prerequisite to the exercise of the powers and discharge of the duties of an office to which he or she succeeds shall be required to comply with any other provision of law relative to taking office.
Period in which authority may be exercised. Officials authorized to act as Mayor pursuant to this article and emergency interim successors are empowered to exercise the powers and discharge the duties of an office herein authorized only during the continuance of an emergency resulting from enemy action in the form of an attack. The Council by resolution or ordinance may at any time terminate the authority of said emergency interim successors to exercise the powers and discharge the duties of the office herein provided.
Removal. Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office according to this article, said persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed at any time, with or without cause.
Disputes. Any dispute concerning a question of fact arising under this article with respect to an office in the executive branch of the City government, except a dispute of fact relative to the Office of Mayor, shall be adjudicated by the Mayor or other official authorized under the charter or this article to exercise the powers and discharge the duties of the Office of Mayor, and his or her decision shall be final.
Designation of emergency temporary locations. Whenever, during the continuance of a state of emergency proclaimed by the Governor of the State of Wisconsin under § 166.03, Wis. Stats., it becomes imprudent, inexpedient or impossible to conduct the affairs of government of the City at the regular or usual places thereof, the Council may meet at any place within or without the territorial limits of the City on the call of the Mayor or his or her successor, and shall proceed to establish and designate by ordinance, resolution or other manner an alternate or substitute site or place as the emergency temporary location of government where all or any part of the public business may be transacted and conducted during the emergency situation. Such alternate or substitute site or place may be within or without the state. If practicable, it shall be the site designated as the emergency temporary location of the government of Franklin in the current civil defense plan of Franklin.
Exercise of government authority. During the period when public business is being conducted at an emergency temporary location, the Council and other officers of the City shall have and possess and shall exercise at such location all the executive, legislative, administrative and judicial powers and functions conferred upon the Council offices of the City by or under the laws of this state. Such powers and functions, except judicial, may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto. All acts of the Council and officers shall be valid and binding as if performed within the territorial limits of the City.
Priority of legislation. The provisions of this article shall control in the event that it shall be employed notwithstanding any charter or ordinance provision to the contrary or in conflict herewith.
[Adopted 8-5-1997 by Ord. No. 97-1461 as Ch. 7 of the 1997 Code]
" Civil defense" shall mean the preparation for and the carrying out of all emergency functions other than functions for which the military forces are primarily responsible, to minimize and repair injury and damage resulting from disaster caused by enemy attack, sabotage or other hostile action or by fire, flood or other natural causes.
The Director shall be the executive head of the City Civil Defense Organization and shall have direct responsibility for the organization, administration and operation of the Organization, subject to the direction and control of the Mayor and the Council. In addition to such powers and responsibilities as may be imposed on him or her from time to time by the Council, he or she shall:
Coordinate all activities for civil defense within the City.
Maintain liaison and cooperate with civil defense agencies and organizations of other political subdivisions and of the state and federal government.
Participate in county and state civil defense activities upon request.
Prepare a comprehensive general plan for the civil defense of the City and present such plan to the Council for approval.
Subject to the approval of the Council, enter into mutual aid agreements with other political subdivisions and file copies of any such agreements with the State Director of Civil Defense.
Upon the declaration of an emergency, issue all necessary proclamations as to the existence of such state of emergency and such disaster warnings or alerts as shall be required in the civil defense plan.
In preparing and executing the civil defense plan, the Director shall utilize the services, equipment, supplies and facilities of the existing departments and agencies of the City to the maximum extent practicable. When the Council has approved the plan, all municipal agencies and departments of the Council shall perform the duties and functions assigned by the approved plan.
The Civil Defense Organization shall take action in accordance with the civil defense plan only after the declaration of an emergency and issuance of official disaster warnings. Declaration of emergency shall be made by the Governor, the Council, the Mayor or, in his or her absence, by the Director. Such state of emergency shall continue until terminated by the issuing authority, provided that any declaration not issued by the Governor may be terminated by the Council.
Whenever necessary to meet a civil defense emergency for which adequate regulations have not been adopted by the Council, the Mayor and, in his or her absence, the Director of Civil Defense may proclaim, promulgate and enforce orders, rules and regulations relating to the conduct of persons and the use of property which are necessary to protect the public peace, health and safety and preserve lives and property, and to ensure cooperation in civil defense activities. Such proclamations shall be posted in the three public places and may be rescinded by resolution of the Council.
No person shall willfully obstruct, hinder or delay any member of the Civil Defense Organization in the enforcement of any order, rule, regulation or plan issued pursuant to this article or violate any order, rule, regulation or plan issued pursuant to the authority contained in this article. Any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19.