Doomsday scenario on Omaha panel’s to-do list
Thinking about the unthinkable.
That is one of the key jobs facing a wide-ranging panel of Omahans as they update the city’s constitution.
The issue, part of the once-every-ten-years Charter Convention, a what if.
What if, for starters, through terrorism or tornado, the city’s top elected officials are unable to run the government.
Right now, there are only three people legally delegated: The mayor, city council president and vice-president.
City Attorney Matt Kushe has told the 15-member panel that’s not good enough.
“We all learned in grade school about there's the President, there's the Vice President, there's the Speaker of the House and the Senate Pro Tempore and then it goes through the cabinet,” says Kuhse. “Should something happen where the mayor and the council have died or are incapacitated as it stands right now, I don't know who's in charge. I don't know who's in charge if the mayor is not here, the council president is not here and the council vice president is not here because the charter doesn't say who's in charge. And that's only three people.”
Mayor Jean Stothert is recommending a broader line of succession, likely to include the entire city council, with the remaining councilmember with the most seniority promoted to mayor.
Kuhse says some predetermined arrangement would be necessary if those remaining council members have equal seniority.
Should the entire council be eliminated it appears the next person on the list of succession would come from the mayor’s cabinet.
A second key question facing the Convention: A temporary or permanent transfer of power if the mayor is deemed “disabled,” incapable of performing the physical or mental duties of the office.
Two items are at play here.
First, according to the mayor’s office there is currently no provision in the Charter allowing the mayor to briefly transfer power—an example: the mayor undergoes surgery—to the next person in the line of succession (under most circumstances the City Council President).
Secondly, the possibility that the mayor’s ability to perform the necessary duties is challenged by the City Council.
The Charter currently calls for the council to appoint a committee of three medical doctors to determine if a “disability” exists.
Kuhse finds that provision “cumbersome” and the panel is looking at that item as well.
The Charter group must complete its work and forward recommendations to the Mayor and City Council in July.
Some or all of the recommendations could be on the November ballot for voters to approve.