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.
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 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 substantial number of
the residents of the Town of Colonie 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 Town of Colonie 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, an officer described in Subsection
A or
B of §
11-2 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, 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 a public disaster,
the Supervisor 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 proportion of members
may be enacted, adopted or approved by the affirmative vote of the
specified proportion of those voting thereon.