Delaware Code Title 29 Sec. 7806 – Emergency interim successors for certain political subdivision …
(a) This section applies to officers of political subdivisions not included in § 7805 of this title.
Terms Used In Delaware Code Title 29 Sec. 7806
- Deputy: means an assistant or other subordinate officer who is authorized by law to exercise the powers and discharge the duties of a state or political subdivision office. See Delaware Code Title 29 Sec. 7803
- Emergency event: means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:
- Emergency interim successor: means an individual designated under this chapter to exercise the powers and discharge the duties of an office held by another individual who is unavailable until a successor is appointed or elected and qualified as may be provided by the Delaware Constitution, statutes, charters, or ordinances or until the other individual who is unavailable is able to resume the exercise of the powers and discharge the duties of the office. See Delaware Code Title 29 Sec. 7803
- Office: includes all state and political subdivision offices, the powers and duties of which are defined by the Delaware Constitution, statutes, charters, or ordinances. See Delaware Code Title 29 Sec. 7803
- Political subdivision: includes counties, municipalities, districts, authorities, and other public corporations and entities whether organized and existing under a charter or general law. See Delaware Code Title 29 Sec. 7803
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Unavailable: means either that a vacancy in an office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or 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 the lawful incumbent's duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office. See Delaware Code Title 29 Sec. 7803
(b) All officers governed by this section shall do all of the following:
(1) Designate by title not less than 3 nor more than 7 emergency interim successors to the officer’s powers and duties. The emergency interim successors under this paragraph (b)(1) are in addition to the officer’s deputy.
(2) Specify the order of succession of the individuals selected under paragraph (b)(1) of this section.
(3) Review and revise the designations of emergency interim successors made under this chapter to ensure that at all times there are at least 3 qualified emergency interim successors.
(c) The power granted to officers governed by this section under subsection (b) of this section is subject to such regulations as the chief executive officer of the political subdivision may issue.
(d) An emergency interim successor of an officer governed by this section shall exercise the powers and discharge the duties of the officer’s office if all of the following apply:
(1) The officer is unavailable following an emergency event.
(2) The officer’s deputy is unavailable following an emergency event.
(e) An emergency interim successor of an officer governed by this section shall exercise the powers and discharge the duties of the office until 1 of the following occurs:
(1) If a vacancy exists, it is filled in accordance with the Delaware Constitution or other law of this State.
(2) An officer or the officer’s deputy or a preceding emergency interim successor becomes available to exercise the powers and discharge the duties of the office.
29 Del. C. 1953, § ?7806; 54 Del. Laws, c. 108; 70 Del. Laws, c. 186, § ?1; 81 Del. Laws, c. 449, § 34;