Unless otherwise clearly required by the context, as used in this ordinance:

“Unavailable” means either that a vacancy in an office exists and there is no deputy authorized to exercise the powers and discharge the duties of the office; or that the lawful incumbent of the office and the deputy are absent, deceased, or otherwise unable to discharge the duties of the office.

“Emergency interim successor” means a person designated pursuant to the law, in the event the officer is unavailable, to exercise the powers and discharge the duties of said office until a successor is appointed or elected and qualified as may be provided by the constitution, statutes, charters, and ordinances, or until the lawful incumbent is able to resume office.

“Office” includes all county offices, the powers and duties of which are defined in the charter, laws, and regulations of Liberty County.

“Political subdivision” includes counties, cities, towns, townships, villages, districts, authorities, and other public corporations and entities whether organized and existing under charter or general laws of Liberty County.

The Board of County Supervisors of Liberty County finds that the people of this county would be more effectively served by an inter-jurisdictional arrangement than by maintaining separate disaster agencies and services. In furtherance of this finding, there is hereby created by this ordinance and by an ordinance enacted by the City Council of Central City, the Liberty County/Central City Disaster Emergency Multiagency Coordination Group (MAC Group).

The Board of County Supervisors of Liberty County finds that the people of this county would be more effectively served by an inter-jurisdictional arrangement than by maintaining separate disaster agencies and services. In furtherance of this finding, there is hereby created by this ordinance and by an ordinance enacted by the City Council of Central City, the Liberty County/Central City Disaster Emergency Policy Group.

Each jurisdiction shall determine which agencies and personnel shall serve on the Liberty County/ Central City Disaster Emergency Multiagency Coordination Group and each jurisdiction is authorized to make such changes, deletions, or additions as may be appropriate and necessary from time to time. Other political subdivisions may be admitted for inclusion in the MAC Group when duly authorized by the governing body of the jurisdiction seeking admission and by the existing members of the MAC Group.

The MAC Group itself shall choose its presiding officer from the members of the MAC Group.

The MAC Group on behalf of the respective jurisdictions shall prepare and distribute to all appropriate officials in writing a clear and complete statement of the emergency responsibilities of all local agencies and officials and set forth the disaster emergency chain of command. When a disaster emergency is occurring or is imminent the MAC Group shall issue a policy statement for the guidance of the departments and agencies of the respective jurisdictions.

To assure continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of Liberty County, pursuant to the Columbia “Emergency Interim Executive and Judicial Succession Act”; to provide for the effective operation of the Liberty County government during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is declared to be necessary to provide for additional officers who can discharge the duties of the head of government and to provide for emergency interim succession to governmental offices of Liberty County in the event the incumbents thereof and their duly authorized deputies, assistants, or other subordinate officers are unavailable to perform the duties and functions of such offices.

Pursuant to the provisions of the Columbia Emergency Interim Successors Act, all department and agency heads of Liberty County and all school, fire, power, and drainage districts shall designate by title, if feasible, or by named person, emergency interim successors and specify their order of succession. Such designations shall be reviewed and revised as necessary to insure their current status. The officer will designate a sufficient number of persons so that there will be not less than three, nor more than seven deputies or emergency interim successors or any combination thereof at any time. In the event that any officer of any political subdivision (or his or her deputy) is unavailable, the powers of the office shall be exercised and duties shall be discharged by the designated emergency interim successors in the order specified. The emergency interim successor shall discharge the duties of the office to which he or she is designated until such time as the vacancy is filled; or until the officer or his deputy becomes available to discharge the duties of the office.

The chairmanship of the Board of County Supervisors shall devolve to the vice chairman and thereafter to the member or members in order of their succession to office. If two or more shall have the same seniority date, then lots shall be drawn by the highest ranking judicial officer available to determine the chairmanship.

The powers of the sheriff and other elective officers shall devolve to his or her chief deputy and thereafter to the person of the next highest rank. If more than one person shares the same rank, then succession shall be by seniority in entering on duty in the service of Liberty County. If two or more have equal entitlement to the office on the basis of these criteria, then the vacancy shall be filled by the Board of County Supervisors.

At the time of their designation, 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 are succeeding. Notwithstanding any other provision of law, no person shall be required to comply with any other provisions of law relative to taking office as a prerequisite for assuming such temporary office.

Officials authorized to act pursuant to this ordinance are empowered to exercise the powers and discharge the duties of an office as herein authorized only after the disaster has created a vacancy in the office. The Board of County Supervisors by ordinance or resolution may at any time terminate the authority of said emergency interim successors or appoint different persons to serve in the appointive offices.

When the disaster or emergency which created a vacancy in an elective office abates and the office is still vacant, then a special election shall be held at the earliest time feasible to fill such vacant elective office.

The persons designated as emergency interim successors in appointive offices are authorized to exercise the powers and discharge the duties of an office until the vacancy no longer exists or until they are removed by the appropriate authority. All such emergency interim successors shall serve at the pleasure of the county supervisors and may be removed or replaced by the county supervisors with or without cause.

Any disputes concerning a question of fact arising under this ordinance with respect to an office shall be adjudicated and resolved by the county supervisors.

It is the intent of the Board of County Supervisors and declared to be the policy of Liberty County that funds to meet disaster emergencies shall always be available.

A Disaster Contingency Fund is hereby established which shall receive monies appropriated therefore by the Board of County Supervisors and these monies shall not be expended for any purpose other than to cope with a disaster emergency.

It is the Board of County Supervisors’ legislative intent that the first recourse shall be to funds which are regularly appropriated for county agencies. If the board finds that the demands for funds in coping with a particular disaster emergency exhaust or unreasonably reduce these appropriated funds, the board may make funds available from the Disaster Contingency Fund. If monies available from this fund are inadequate and if the board finds that other sources of money to cope with the disaster are not available or are insufficient, the board may transfer and expend monies appropriated for other purposes or borrow for a term not to exceed two years from any private or public source.

Nothing contained in this section shall be construed to limit the board’s authority to apply for, receive, administer, and expend grants, gifts, or payments in furtherance of disaster prevention, protection, response, recovery or mitigation.

Prior to any declaration of emergency or disaster, any department head or incident commander shall be authorized to purchase or procure goods, equipment, and services required to respond to any emergency as outlined within their budget. When an official disaster emergency has been declared in Liberty County, the laws, regulations, and procedures relating to the purchase or procurement of goods, equipment, or services may be waived.

Department and agency heads and incident commanders shall be authorized during the declared emergency to purchase or procure goods, equipment, and services as required to respond to the emergency up to a limit of $30,000. Such authority shall exist so long as the declared emergency exists. For any purchase or procurement above $30,000, the approval of the chairman of the Board of County Supervisors or the chief administrative officer shall be required. The county finance department shall be authorized to establish and maintain a system of purchase orders and credit card, to implement the disaster purchasing policy.

Individuals purchasing or procuring goods and services pursuant to this section shall maintain a record of said transactions and execute such forms as may be prescribed by the Liberty County Finance Office.

This ordinance shall take effect immediately.