The New York State Defense Emergency Act, in Section 29-a 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 § 60
thereof, authorized 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 City of Geneva, New
York may continue to function properly and efficiently under emergency circumstances.
As used in this chapter, the following terms shall have the meanings
indicated:
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, shell fire or nuclear, radiological,
chemical, bacteriological or biological means or other weapons or processes.
DULY AUTHORIZED DEPUTY
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 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 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.
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 city of Geneva 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 Geneva 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.
If, in the event of an attack or a public disaster, the Mayor and City
Manager, or duly authorized deputy of each office, if any, are 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 name and 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 presiding officer
of the Common Council, or his duly authorized deputy or emergency interim
successor performing his powers and duties, may suspend quorum requirement
for the 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.