[HISTORY: Adopted by Common Council of City of North Tonawanda 10-2-1967 as L. L. No.
6-1967.]
The New York State Defense Emergency Act, in Section 29a thereof,
authorizes political subdivisions of the state to provide for the
continuity of their governments in the event of an actual or imminent
attack upon the United States by an enemy or foreign nation. The General
Municipal Law, in Section 60 thereof, authorizes political subdivisions
to provide for the continuity of their governments in the event of
other public disasters, catastrophes or emergencies. Based on the
authority contained in such laws, this local law is adopted so that
on such occasions the government of the City of North Tonawanda, New
York, may continue to function properly and efficiently under emergency
circumstances.
As used in this local law, the following terms shall mean and
include:
Any attack, actual or imminent, or series of attacks, by
an enemy or foreign nation upon the United States causing, or which
may cause, substantial damage or injury to civilian property or persons
in the United States in any manner by sabotage or by the use of bombs,
shellfire, or nuclear, radiological, chemical, bacteriological or
biological means or other weapons or processes.
A disaster, catastrophe or emergency, actual or imminent,
of such unusual proportions or extent that (1) a substantial number
of residents of the City of North Tonawanda either sustain injury,
become ill, are infected with disease, have their lives imperiled,
are killed or die as the result of injury, disease or exposure, or
the property of a substantial number of such residents is imperiled,
damaged or destroyed, and (2) it is necessary and essential in the
interest of public safety, health and welfare that the continuity
of the government of the City of North Tonawanda be assured in order
that it be enabled to function properly and efficiently and to exercise
its essential powers in meeting emergency conditions. Such disasters,
catastrophes and emergencies may include, but shall not be limited
to, conflagrations, explosions, earthquakes or other convulsions of
nature, floods, tidal waves, pestilence, riots, insurrections, storms,
prolonged failure of electric power or essential transportation services
or any incidents or occurrence which cause or threaten to cause danger
to life, health or property from exposure to noxious materials or
radiation.
A person authorized to perform all the powers and duties
of a public 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, where such authorization is provided pursuant
to the provisions of any general, special or local law other than
this local law.
A person designated pursuant to this local law for possible
temporary succession to the powers and duties, but not the office,
of a city officer in the event that neither such officer nor any duly
authorized deputy is able, due to death, absence from the city, or
other physical, mental or legal reasons, to perform the powers and
duties of the office.
A.Â
Elective
officers. Within 30 days following the effective date of this local
law, and thereafter within 30 days after first entering upon the duties
of his office, each elective officer shall, in addition to any duly
authorized deputy, designate such number of emergency interim successors
to the powers and duties of his office and specify their rank in order
of succession after any duly authorized deputy so that there will
be not less than three duly authorized deputies or emergency interim
successors, or combination thereof, to perform the powers and duties
of the office.
B.Â
Appointive
officers. Each officer or body of officers empowered by law to appoint
officers shall, within the time specified in Subdivision A of this
section, in addition to any duly authorized deputy, designate for
each such appointive officer such number of emergency interim successors
to such officers and specify their rank in order of succession after
any duly authorized deputy so that there will be not less than three
duly authorized deputies or emergency interim successors, or combination
thereof, for each such officer. Where such a body of officers consists
of members having overlapping terms, such body of officers shall review
and, as necessary, revise the previous designations of emergency interim
successors by such board within 30 days after a new member elected
or appointed to such body of officers first enters upon the duties
of his office as a member of such body of officers.
C.Â
Review
of designations. The incumbent in the case of those elective officers
specified in Subdivision A of this section, and the appointing officer
or body of officers specified in Subdivision B of this section, shall
from time to time review and, as necessary, promptly revise the designations
of emergency interim successors to insure that at all times there
are at least three duly authorized deputies or emergency interim successors,
or combination thereof, for each elective and appointive officer of
the city.
D.Â
Qualifications.
No person shall be designated to, nor serve as, an emergency interim
successor unless he is legally qualified to hold the office of the
person to whose powers and duties he is designated to succeed.
E.Â
Status
of emergency interim successor. A person designated as an emergency
interim successor shall hold that designation at the pleasure of the
designator, and such a designation shall remain effective until replaced
by another by the authorized designator.
F.Â
Compensation.
An emergency interim successor shall serve without salary, unless
otherwise provided by local law. He shall, however, be entitled to
reimbursement for actual expenses necessarily incurred in the performance
of his powers and duties.
If, in the event of an attack or a public disaster, an officer described in Subdivision A or Subdivision B of § 28-3 of this local law or his duly authorized deputy, if any, is unable, due to death, absence from the city, or other physical, mental or legal reasons, to perform the powers and duties of the office, the emergency interim successor of such officer highest in rank in order of succession who is able to perform the powers and duties of the office shall, except for the power and duty to discharge or replace duly authorized deputies and emergency interim successors of such officer, perform the powers and duties of such officer. An emergency interim successor shall perform such powers and duties only until such time as the lawful incumbent officer or his duly authorized deputy, if any, resumes the office or undertakes the performance of the powers and duties of the office, as the case may be, or until, where an actual vacancy exists, a successor is duly elected or appointed to fill such vacancy and qualifies as provided by law. The authority of an emergency interim successor performing the powers and duties of an office shall not terminate upon the subsequent availability of an emergency interim successor higher in rank in order of succession.
The name, address and rank in order of succession of each duly
authorized deputy and emergency interim successor shall be filed with
the City Clerk, and each designation, replacement or change in order
of succession of any emergency interim successor shall become effective
when the designator files with such Clerk the successor's name,
address and rank in order of succession. Such Clerk shall keep an
up-to-date file of all such data regarding duly authorized deputies
and emergency interim successors and the same shall be open to public
inspection. The Clerk shall notify in writing each designated person
of the filing of his name as an emergency interim successor and his
rank in order of succession, and also shall notify in writing any
person previously designated who is replaced or whose place in order
of succession is changed.
At the time of their designation, or as soon thereafter as possible,
emergency interim successors shall take such oath and do such other
things, if any, as may be required to qualify them to perform the
powers and duties of the office to which they may succeed.
In the event of an attack or a public disaster, the Mayor, or
his duly authorized deputy or emergency interim successor performing
his powers and duties, may suspend quorum requirements for the Common
Council. If quorum requirements are suspended, any local law, ordinance,
resolution or other action requiring enactment, adoption or approval
by an affirmative vote of a specified proportion of members may be
enacted, adopted or approved by the affirmative vote of the specified
proportion of those voting thereon.
If any section, subdivision, sentence, clause, phrase or portion
of this local law shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
section, subdivision, sentence, clause, phrase or portion thereof
directly involved in the controversy in which such judgment shall
have been rendered.
This local law shall take effect immediately.
