[HISTORY: Adopted by the Town Board of the Town of Amherst 3-18-1963. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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 absence, 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 of Amherst 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 Amherst 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, catastrophe 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 officer 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.
D.
Qualifications. No person shall be designated or 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 ordinance or resolution. 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 Subsection A or B of § 11-2 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, 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 qualified 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 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.
If any section, subsection, sentence, clause, phrase or portion
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
section, subsection, sentence, clause, phrase or portion thereof directly
involved in the controversy in which such judgment shall have been
rendered.
This chapter shall take effect upon its adoption, its publication
and posting as prescribed by § 133 of the Town Law and the
filing of one certified copy thereof with the Town Clerk, one certified
copy in the office of the State Comptroller and three certified copies
in the office of the Secretary of State.
