TITLE 29

State Government

Continuity of Government

CHAPTER 77. EMERGENCY LOCATION OF GOVERNMENT

Subchapter II. Political Subdivisions of the State


(a) For purposes of this subchapter:

(1) "Attack" means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes.

(2) "Emergency event" means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:

a. Threatens the life, health, or safety of the public.

b. Has, or has the potential to, damage or destroy property or disrupt service, commerce, or other economic activities.

c. Makes the continuation of normal government operations difficult or impossible.

(3) "Political subdivision of this State" or "political subdivision" means a county or municipality of this State.

(b) If the presiding officer or 2 members of a governing body of a political subdivision of this State determines that, due to the effects of an emergency event, or the anticipated effects of a threatened, perceived, or imminent emergency event, it is imprudent, inexpedient, or impossible to conduct the political subdivision's affairs at the regular or usual place, the political subdivision's governing body may meet at any place within or without the territorial limits of such political subdivision and do all of the following:

(1) Designate by ordinance, resolution, or other manner, an emergency temporary location of the political subdivision's government where all, or any part, of the public business may be transacted and conducted during the emergency. The location designated may be within or without the territorial limits of the political subdivision and may be within or without this State.

(2) Take any action or enact any ordinance, resolution, or other measure as may be necessary for an orderly transition of the affairs of the political subdivision's government to such emergency temporary location.

29 Del. C. 1953, § 7721; 53 Del. Laws, c. 137; 81 Del. Laws, c. 449, § 26.;

While the political subdivision's public business is being conducted at the emergency temporary location established under § 7721(b) of this section, the governing body and other officers of the political subdivision shall have and possess and shall exercise, at such location, all of the executive, legislative, and judicial powers and functions conferred upon the governing body and officers by or under the laws of this State.

(1) All acts of the political subdivision's governing body and its officers are as valid and binding as if performed within the territorial limits of the political subdivision.

(2) The political subdivision's powers and functions may be exercised in the light of the exigencies of the emergency situation, without regard to or compliance with time consuming procedures and formalities ordinarily prescribed by law and pertaining to the political subdivision.

29 Del. C. 1953, § 7722; 53 Del. Laws, c. 137; 81 Del. Laws, c. 449, § 27.;

Notwithstanding any law of this State, municipal charter, or ordinance of a political subdivision of this State to the contrary or in conflict with this subchapter, this subchapter controls and is supreme if it is employed as provided in this subchapter.

29 Del. C. 1953, § 7723; 53 Del. Laws, c. 137; 81 Del. Laws, c. 449, § 28.;