§ 51.0105 — Powers and Duties of the Chair and Assistant Chair of the Disaster Council

§51.0105 Powers and Duties of the Chair and Assistant Chair of the Disaster Council

(a) The Chair is empowered to: (1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Chair, the City Council shall take action to ratify the proclamation within seven days of the proclamation or the proclamation shall have no further force or effect. (2) Request the Governor to proclaim a state of emergency when, in the opinion of the Chair, the locally available resources are inadequate to cope with the local emergency. (3) Guide the effort of the emergency organization of the City for the accomplishment of the purposes of this Article. (4) Direct cooperation and coordination of services and staff of the emergency organization of the City and resolve questions of authority and responsibility within the emergency organization. (5) Represent the City in all dealings with public or private agencies on matters pertaining to a local emergency. (6) In the event of the proclamation of a local emergency, the proclamation of a state of emergency by the Governor of California or the Director of the California Governor’s Office of Emergency Services, or the existence of a state of war emergency, the Chair is empowered: (A) To make and issue rules and regulations on matters reasonably related to the protection of life and property; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; (B) To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use within the confines of the San Diego Charter and state law; (C) To require emergency services of any City officer or employee and to command the aid of as many citizens of the City as necessary in the execution of these duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers; (D) To requisition necessary personnel or material of any City department or agency; and (E) To execute all of the special powers conferred upon the Chair by this ordinance or by resolution or emergency plan adopted by the City Council, all powers conferred upon the Chair by any statute, by any agreement approved by the City Council, and by any other lawful authority. (b) In the event the Chair is unavailable or is otherwise unable to perform the assigned duties during a local emergency, state of emergency, or state of war emergency, individuals listed in this subsection who hold permanent appointments to the following positions automatically serve as Chair of the Disaster Council, in descending order: 1) the Chief Operating Officer, 2) the Assistant Chief Operating Officer, 3) the Deputy Chief Operating Officer-Infrastructure/Public Works, 4) the Police Chief, 5) the Fire Chief, or 6) the Executive Director of the Office of Homeland Security. The succession of an individual to the position of Acting Chair of the Disaster Council is subject to City Council approval at the next scheduled Council Meeting. The succession pertains only to the duties and responsibilities of the Chair of the Disaster Council as defined in section 51.0105(b) and does not address vacancies to the Office of the Mayor. (c) The Vice Chair shall, under the supervision of the Chair and with the assistance of the Executive Director of the Office of Homeland Security, the Police Chief, and the Fire Chief, manage the emergency programs of the City and shall have such other powers and duties as may be assigned by the Chair.

(“Powers and Duties of the Director and Assistant Director of Emergency Services” added 2–5–1974 by O–11230 N.S.) (“Powers and Duties of the Director and Assistant Director of Emergency Services” renumbered from former Section 51.0106, retitled to “Powers and Duties of the Chair and Assistant Chair of the Disaster Council,” and amended 5-23-2016 by O-20645 N.S.; effective 6-22-2016. Former Section 51.0105, “Director and Assistant Director of Emergency Services” repealed.) (Editors note: Division 1 created 11–3–1988 for clarity.)