(1) Unavailable shall mean either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the local incumbent of the office and his duly authorized deputy or deputies are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office; except that no member of the county council shall be "unavailable" until declared to be "unavailable" by a resolution of the county council passed by a majority of the council members present and voting.
(2) Public emergency is as defined in section 2-17.
(3) Duly authorized deputy shall mean a person who is presently authorized to perform all of the functions, exercise all the powers and discharge all the duties of an office in the event the office is vacant or at such times as it lacks administration due to the death, absence or disability of the incumbent officer.
(4) Emergency interim successor shall mean a person designated pursuant to this section for temporary succession to the powers and duties, but not the office, of a county official in the event such official or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office.
(b) Designation, status, qualifications and term of emergency interim successors.
(1) County Council. In the event that one or more members of the county council are declared "unavailable" pursuant to this section during a proclaimed state of public emergency, a majority of the remaining council members may designate an "emergency interim successor" to the powers and duties of such unavailable council member or members. In the event that the remaining council members fail to act or are unable to act within a reasonable time during the state of public emergency and the appointment of "emergency interim successors" is required to enable the council to continue functioning, the county executive may designate "emergency interim successors" to the powers and duties of any unavailable council members.
(2) County Executive. In the event that the county executive shall become unavailable during a proclaimed state of public emergency, the chief administrative officer and a minimum of two (2) additional members of the executive branch, with rank in order of succession following the chief administrative officer as specified by the county executive and filed with the county council, shall constitute the emergency interim successors for the county executive and shall, in the order in which they are listed, succeed to the powers and duties of the county executive.
(3) Designation. The county executive, after receiving the advice of the chief administrative officer, shall, within the thirty (30) days after taking office or within thirty (30) days after the appointment or reappointment of the chief administrative officer and each head of each principal department, office or agency of the executive branch, designate "emergency interim successors" for himself or herself and for such chief administrative officer and such heads of each principal department, office or agency of the executive branch and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three (3) duly authorized deputies or "emergency interim successors" or combination thereof for each official.
(4) Review of Designation. The county executive shall review at least annually and, as necessary, revise all executive designations of "emergency interim successors" to ensure that, at all times, the required number of persons are duly listed as available or designated as "emergency interim successors."
(5) Qualifications. No person shall be designated or serve as an "emergency interim successor" unless he may under the constitution and statutes of this state and the charter or laws of this county, hold the office of the person to whose powers and duties he is designated to succeed. No provision of the charter of Montgomery County or any local law prohibiting an officer or an employee of this county from holding another office shall be applicable to any "emergency interim successor." No person shall be designated as an "emergency interim successor" to the powers and duties of any appointed official of the executive branch of the county government unless such person is a regular employee or official of the same department, office or agency as the official to whose powers and duties he is designated to succeed; provided, that this restriction shall not apply to "emergency interim successors" to the powers and duties of the chief administrative officer.
(6) Status of "Emergency Interim Successor." A person designated as an "emergency interim successor" holds that designation at the pleasure of the designator; provided, that he must be replaced if removed. He retains this designation as "emergency interim successor" until replaced by another appointed by the authorized designator.
(c) Assumption of powers and duties by "emergency interim successors." In the event that any incumbent named in paragraphs (2) and (3) of subsection (b) of this section and any duly authorized deputy is unavailable during a proclaimed state of public emergency, his "emergency interim successor" highest in rank in order of succession who is not unavailable shall, except for the power and duty to appoint "emergency interim successors," exercise the powers and discharge the duties of such incumbent. All "emergency interim successors" shall exercise these powers and discharge these duties only until such time as the lawful incumbent or any duly authorized deputy or "emergency interim successor" higher in rank in order of succession exercises or resumes the exercise of, the powers and discharge of the duties of the office, or until, where an actual vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified as provided by law.
(d) Filing of order of succession. The name, address and rank in order of succession of each duly authorized deputy shall be filed with the county council and each designation, replacement, or change in order of succession of an "emergency interim successor" shall become effective when the designator files with the county council the successor's name, address and rank in order of succession. Data regarding duly authorized deputies and "emergency interim successors" shall be kept on file and shall be open to public inspection.
(e) Formalities of taking office. At the time of their designation, "emergency interim successors" shall take such oath and so such other things, if any, as may be required to qualify them to exercise the powers and discharge the duties of the office to which they may succeed.
(f) Suspension of charter provisions. A proclamation of a state of public emergency under section 2-17(b)(1) suspends the following provisions of the County charter:
(1) section 102, except for the provision that establishes the number of councilmembers and the provisions that each member shall be a qualified voter of Montgomery County; and
(2) the provision of section 308 requiring that each emergency appropriation shall specify the revenues necessary to finance it.
(g) Voting requirements. In the event of a proclamation of a state of public emergency where the affirmative vote of a specified number or proportion of members of the county council for approval of an act, ordinance, or resolution would otherwise be required, the same proportion of those voting thereon shall be sufficient.
(h) Prior publication notice and public hearing. In the event of a proclamation of a state of public emergency those charter and statutory provisions requiring prior publication, public notice or public hearings for the enactment of legislation or for the performance of official acts are suspended. Such notice or publication shall be accomplished as soon as practicable following the enactment of the legislation or the performance of the official act. In no event shall such notice or publication be delayed more than a reasonable time following the end of a state of public emergency. (1971 L.M.C., ch. 44, § 1; 1980 L.M.C., ch. 58, § 1; FY 1991 L.M.C., ch. 11, § 1.)
Charter reference-Continuity of government during emergencies, § 501. 
