[L.L. No. 1-1964, § 2]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
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 if the office is vacant, or at such time 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 local law.
A person designated pursuant to this local law for possible
temporary succession to the powers and duties, but not the office,
of a city officer if neither such officer nor any duly authorized
deputy is able, due to death, absence from the city, or other physical,
mental, or legal reason, 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 city 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
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.
[L.L. No. 1-1964, § 1]
The state defense emergency act, in section 29-a thereof [Unconsol.
L. § 9134.a (McKinney], 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. General Municipal Law § 60 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 local law is adopted
so that on such occasions the government of the city may continue
to function properly and efficiently under emergency circumstances.
[L.L. No. 1-1964, § 3]
(a)
Elective officers. 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), 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 insure 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 city.
(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.
[L.L. No. 1-1964, § 4]
If, in the event of an attack or a public disaster, an officer described in subsection (a) or subsection (b) of section LL2-23 of this local law, or his duly authorized deputy, if any, is 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.
[L.L. No. 1-1964, § 5]
The name, 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 such file 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, 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.
[L.L. No. 1-1964, § 6]
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.
[L.L. No. 1-1964, § 7]
In the event of an attack or a public disaster, the president
of the common council, or his emergency interim successor performing
his powers and duties, may suspend quorum requirements for the common
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.
[L.L. No. 117-96, 11-26-1996]
(a)
Any provision of this chapter to the contrary notwithstanding, whenever
any purchase order is submitted by a department the payment of which
will exceed 80% of the budgeted line, the auditor shall not approve
such payment unless the mayor and chairman of the common council committee
having oversight for such department shall each specifically authorize
such expenditure by written approval provided therefor to the auditor.
In the event the mayor or committee chair shall be unavailable to
authorize the purchase order, the common council president shall have
the power to approve the expenditure on behalf of one but not both
of the unavailable parties.
(b)
Approval by the mayor and the committee chair of the common council
committee having general oversight of any department of the city required
by this section shall not be required with respect to the following
purchases:
