[Amended 8-14-1996 by L.L. No. 5-1996]
Section 9129 of the Unconsolidated Laws of the State of New York 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. Section 27 of the Executive Law 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 chapter is adopted so that on
such occasions the government of the Village of Albion, New York, may continue
to function properly and efficiently under emergency circumstances.
As used in this chapter the following terms shall mean and include:
ATTACK
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.
PUBLIC DISASTER
A disaster, catastrophe or emergency, actual or imminent, of such
unusual proportions or extent that a substantial number of the residents of
the Village of Albion 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 Village of Albion 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 causes or threatens to cause danger to
life, health or property from exposure to noxious materials or radiation.
DULY AUTHORIZED DEPUTY
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.
EMERGENCY INTERIM SUCCESSOR
A person designated pursuant to this chapter for possible temporary
succession to the powers and duties, but not the office, of a village officer
in the event that neither such officer nor any duly authorized deputy is able,
due to death, absence from the village or other physical, mental or legal
reasons, to perform the powers and duties of the office.
If, in the event of an attack or a public disaster, an officer described in Subsection
A or Subsection
B of §
15-3 of this chapter or his or her duly authorized deputy, if any, is unable, due to death, absence from the village 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 or her 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 Village 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 or her name as an emergency interim successor and his or
her 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 or
her duly authorized deputy or emergency interim successor performing his or
her powers and duties, may suspend quorum requirements for the Board of Trustees.
If quorum requirements are suspended, any local law, 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.