WEST VIRGINIA CODE
WVC 1 -
CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
WVC -4-
ARTICLE 4. SEAT OF GOVERNMENT OF POLITICAL SUBDIVISIONS.
WVC 1-4-1
§1-4-1. Relocation due to emergency caused by enemy attack or
threat thereof.
Whenever, due to an emergency resulting from the effects of
enemy attack, or the anticipated effects of a threatened enemy
attack, it becomes imprudent, inexpedient or impossible to conduct
the affairs of local government at the regular or usual place or
places thereof, the governing body of each political subdivision of
this State may meet at any place within or without the territorial
limits of such political subdivision on the call of the presiding
officer or any two members of such governing body, and shall
proceed to establish and designate by ordinance, resolution or
other manner, alternate or substitute sites or places as the
emergency temporary location, or locations, of government where
all, or any part, of the public business may be transacted and
conducted during the emergency situation. Such sites or places may
be within or without the territorial limits of such political
subdivisions and may be within or without this state.
WVC 1-4-2
§1-4-2. Conduct of public business and exercise of governmental
functions at temporary location; validity of acts.
During the period when the public business is being conducted
at the emergency temporary location, or locations, the governing
body and other officers of a political subdivision of this state
shall have and possess and shall exercise, at such location, or
locations, all of the executive, legislative and judicial powers
and functions conferred upon such body and officers by or under the
laws of this state. Such 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 prescribed by law and pertaining thereto, and all acts
of such body and officers shall be as valid and binding as if
performed within the territorial limits of their political
subdivision.
WVC 1-4-3
§1-4-3. Provisions of article to control and supersede statutory
and charter law.
The provisions of this article shall control and be supreme in
the event it shall be employed notwithstanding any statutory,
charter or ordinance provision to the contrary or in conflict
herewith.
Note: WV Code updated with legislation passed through the 2012 1st Special Session