53-2a-807. Emergency interim successors for local officers.
| (1) |
By July 1 of each year, each political subdivision shall:
Terms Used In Utah Code 53-2a-807
| (a) |
for each officer and the emergency manager described in 14, designate three emergency interim successors and specify their order of succession; |
| (b) |
identify the political subdivision’s alerting authority and any individuals authorized to send emergency alerts; |
| (c) |
provide a list of those designated successors and individuals to the division; and |
| (d) |
have an emergency alert plan in place and provide a copy of the plan to the division. |
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| (2) |
In the event that a political subdivision does not designate emergency interim successors as required under Subsection (1), the order of succession shall be as follows:
| (a) |
the chief executive officer of the political subdivision; |
| (b) |
the chief deputy executive officer of the political subdivision; |
| (c) |
the chair of the legislative body of the political subdivision; and |
| (d) |
the chief law enforcement officer of the political subdivision. |
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| (3) |
| (a) |
Notwithstanding any other provision of law:
| (i) |
if any political subdivision officer or the political subdivision officer’s legal deputy, if any, is unavailable, a designated emergency interim successor shall exercise the powers and duties of the office according to the order of succession specified by the political subdivision officer; or |
| (ii) |
counties may provide by ordinance that one member of the county legislative body may act as the county legislative body if the other members are absent. |
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| (b) |
An emergency interim successor shall exercise the powers and duties of the office only until:
| (i) |
the vacancy is filled in accordance with the constitution or statutes; or |
| (ii) |
the political subdivision officer, the political subdivision officer’s deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise the powers and duties of the office. |
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| (4) |
The legislative bodies of each political subdivision may enact resolutions or ordinances consistent with this part and also provide for emergency interim successors to officers of the political subdivision not governed by this section. |
Amended by Chapter 106, 2021 General Session
