[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 2-9-1983 by L.L. No. 2-1983 as
Ch. 11 of the 1983 Code. Amendments noted where applicable.]
[Amended 3-8-1999 by L.L. No. 1-1999]
The New York State Defense Emergency Act,[1] in § 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 Executive Law, in § 27 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
chapter is adopted so that on such occasions the government of the
Town/Village of East Rochester, Monroe County, New York, may continue
to function properly and efficiently under emergency circumstances.
[1]
Editor's Note: See Unconsolidated Laws § 9101
et seq.
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 other 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 Town/Village officer in the event that neither such officer nor
any duly authorized deputy is able, due to death, absence from the
Town/Village 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 Town/Village of East Rochester, Monroe County,
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 that it is necessary
and essential in the interest of public safety, health and welfare
that the continuity of the government of the Town/Village of East
Rochester 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.
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 official 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.
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 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.
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 Town/Village.
D.
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.
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.
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 § 11-3A or B of this chapter or his duly authorized deputy, if any, is unable, due to death, absence from the Town/Village or other physical, mental or legal reasons, to perform the powers and duties of the office, the emergency successors 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 (or an emergency interim successor higher in rank in order of succession), 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 Town/Village Clerk-Treasurer; 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-Treasurer the successor's name, address and rank in order of
succession. Such Clerk-Treasurer 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-Treasurer
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 Board of Trustees. 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.
