This is a chapter to provide for the continuity
of government of the Town of Grand Island in the event of an attack
or public disaster.
A. The New York State Defense Emergency Act, in § 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.
B. 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.
C. Pursuant to the authority contained in such laws,
and in order to insure that on such occasions the government of the
Town of Grand Island may continue to function properly and efficiently
under emergency circumstances, the Town Board of the Town of Grand
Island, Erie County, New York, hereby ordains and enacts as follows.
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,
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 or special law other than the sections
of law pursuant to which this chapter is adopted.
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 Town officer in the event that neither such officer nor any duly
authorized deputy is able, due to death, absence from the Town, 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.
A substantial number of the residents of the
Town of Grand Island 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
B.
It is necessary and essential in the interest
of public safety, health and welfare that the continuity of the government
of the Town of Grand Island 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 of 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, an officer described in §
43-3A or
B of this chapter or his duly authorized deputy, if any, is unable, due to death, absence from the Town, or other physical, mental, or legal reasons, to perform the powers and duties of the office and a majority of the Town Board cannot make appointments, 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, address and rank in order of succession
of each duly authorized deputy and emergency interim successor shall
be filed with the Town 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 public disaster,
the Supervisor, the presiding officer of the local legislative body,
or his duly authorized deputy or emergency interim successor performing
his powers and duties, may suspend quorum requirements for the Town
Board. If quorum requirements are suspended, any ordinance, resolution,
or other action requiring enactment, adoption or approval by an affirmative
vote of a specified portion of members may be enacted, adopted or
approved by the affirmative vote of the specified proportion of those
voting thereon.