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2003-1349-Ordinance Recorded 10/31/2003COUNTY OFFICIAL NANCYUBLANKENSHIP, COUNTY CLERKDS CJ 2003.1349 COMMISSIONERS' JOURNAL Z LEGAL COUNSEL REVIEWED . 2f CODE REVIEW COMMITTEE IIIIIIIIIIII 1111111111111111111111111 2003-1349 14131/1003 48;44;56 AM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending the Deschutes County Code Chapter 2.04 by Adding Section 2.04.055 Establishing * ORDINANCE NO. 2003-037 the Chain of Succession for Executive Responsibility in an Emergency, and Declaring an Emergency. WHEREAS, Deschutes County Code ("DCC") Chapter 2.04 sets out the workings of the Board of County Commissioners; and WHEREAS, the Board of County Commissioners finds it in the best interest of the County to establish the chain of succession for executive responsibility for the county in the event of an emergency; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That Deschutes County Code Chapter 2.04, Board of County Commissioners, is amended by adding Section 2.04.055 to read as follows: 2.04.055 Executive Responsibility-Chain of Succession - State of Emergency. A. The Chair of the Board of County Commissioners is the chief executive local authority for the unincorporated area of the county and is principally responsible for assuming centralized control over all county departments, divisions and offices once the Board declares a state of emergency. If circumstances prohibit the timely action of the Board of County Commissioners, the Chair of the Board of County Commissioners may declare such a state of emergency, provided the Chair seeks and obtains approval from a majority of the Board at the first available opportunity. A state of emergency exists whenever the unincorporated area of the county or any part thereof is suffering or is in imminent danger of suffering an event that may cause injury or death to persons, or damage to, or destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety and welfare. Such an event shall include, but not be limited to the following: PAGE 1 OF 3 ORDINANCE NO. 2003-037 1. A civil disturbance or riot; 2. A disaster such as flood, windstorm, snow or ice storm, earthquake, volcanic eruption or related activity, fire, explosion or epidemic; 3. The declaration of a war-caused national emergency; 4. Any major disruption of community services such as transportation, power supply, water supply, sanitation or communications; and/or 5. A health hazard, whether natural or manmade. The Chair of the Board of County Commissioners is also responsible for performing the Board of County Commissioner's duties to declare a state of emergency, designate emergency area(s), and/or impose regulations when the Board of County Commissioners is unable or unavailable to perform such duties. B. In the event that the Chair of the Board of County Commissioners is unable or unavailable to perform his/her duties under this section, the duties shall be performed by: 1. The vice chair of the Board of County Commissioners; or, 2. If the vice chair of the Board of County Commissioners is unable or unavailable to perform, the third member of the Board of County Commissioners; or 3. If no member of the Board of County Commissioners is able or available to perform, then the Sheriff of Deschutes County; or 4. If no member of the Board of County Commissioners is able or available to perform, and the Sheriff is unable or unavailable to perform, then the Undersheriff; or If no member of the Board of County Commissioners is able or available to perform, and the Sheriff and Undersheriff are unable or unavailable to perform, then the County Administrator. C. The powers of the successor to the Board of County Commissioners or the Chair of the Board shall be limited to those set forth in this section and the duration of succession shall be until such time as the person of higher priority as set out in this section is able and available to perform such duties. Section 2. EMERGENCY. This Ordinance being necessary for the immediate preservation of t he p ublic p eace, h ealth a nd s afety, a n emergency i s d eclared t o e xist, a nd t his O rdinance takes effect on its passage. PAGE 2 OF 3 ORDINANCE NO. 2003-037 DATED this ~ day of '2003. BOARD OF COUNTY COMMISSIONERS OF DESCHU ES COUNTY, OREGON D NNIS R. LUKE, Chair Date of I" Reading I day of lJ~ - - - , 2 - - - . Date of 2"d Reading: ~ day of 0Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke Tom DeWolf Michael M. Daly Effective date: day of 2003. ATTEST: Recording Secretary PAGE 3 OF 3 ORDINANCE NO. 2003-037 TOM DEWOLF, Commissioner