[HISTORY: Adopted by the City Council of the City of Yonkers 4-28-1964 by L.L. No.
13-1964. Amendments noted where applicable.]
Section 27 of the Executive Law authorizes political subdivisions
to provide for the continuity of their governments in the event of
public disasters, catastrophes or emergencies. Based on the authority
contained in that law, this chapter is adopted so that, on such occasions,
the government of the City of Yonkers, New York, may continue to function
properly and efficiently under emergency circumstances.
As used in this chapter, 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 person authorized to perform all the powers and duties
of a public office in the event that 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 chapter.
A person designated pursuant to this chapter for possible
temporary succession to the powers and duties, but not the office,
of a City officer in the event that neither such officer not 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 disaster, catastrophe or emergency, actual or imminent,
of such unusual proportions or extent that a substantial number of
the residents of the City of Yonkers 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 it is necessary and essential, in the interest of public
safety, health and welfare, that the continuity of the government
of the City of Yonkers 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 incident or occurrence
which causes or threatens to cause danger to life, health or property
from exposure to noxious materials or radiation.
A.Â
Elective
officers. Within 30 days following the effective date of this chapter,
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 fewer 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 Subsection 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 fewer 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 Subsection A of this section, and the appointing officer or body of officers specified in Subsection B of this section shall from time to time review and, as necessary, promptly revise the designations of emergency interim successors to ensure 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 successors. 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 § 8-3A or B of this chapter, or such an officer's 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 such an officer's 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 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
the Mayor's duly authorized deputy or emergency interim successor
performing the Mayor's powers and duties, may suspend quorum requirements
for the City 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.
[Added 11-9-2022 by L.L. No. 9-2022]
All public bodies of the City of Yonkers may, in their discretion,
use videoconferencing to conduct their public meetings:
A.Â
Pursuant
to the requirements of the New York Public Officers Law, including,
but not limited to, Article 7 of the Public Officers Law; and
B.Â
In accordance
with and subject to meeting the criteria set forth in the Public Officers
Law, including, but not limited to, § 103-a of the Public
Officers Law.