[HISTORY: Comes from Ord.
No. 51 adopted 12-18-1962, effective 1-5-1963.]
As used in this chapter, the following terms shall mean and
include:
The Town of Hempstead.
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.
A disaster, catastrophe or emergency, actual or imminent,
of such unusual proportions or extent that a substantial number of
the residents of the town 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 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.
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 reasons, to perform the powers and
duties of the office.
A.
Elective officers. Within 30 days following the effective date of
this chapter, and thereafter within 30 days after any elective officer
shall first enter upon the duties of his office, the Town Board shall
designate, in addition to any duly authorized deputy of such officer,
such number of interim successors to the powers and duties of such
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. The Town Board shall within the time specified
in Subdivision 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.
C.
Review of designations. The Town Board 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 combinations
thereof, for each elective and appointive officer of the town.
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, but no person shall be disqualified as an emergency interim
successor only because he holds another town office.
E.
Status of emergency interim successor. A person designated as an
emergency interim successor shall hold that designation at the pleasure
of the Town Board, 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 § 13-2A or § 13-2B 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, or an emergency interim successor higher in rank in order of succession, 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.
Any provision of this chapter to the contrary notwithstanding, the persons holding the following offices shall assume the powers and duties of the office of the Supervisor, as emergency interim successor, in the events described in § 13-3 hereof, in the following order of succession: First, the Supervisor, and then successively, in the order of seniority, the Councilmembers.
[Added 5-21-2024 by L.L. No. 39-2024, effective 6-17-2024]
The biennial elections of the Supervisor, Councilmembers, Clerk,
and Receiver of Taxes are held in every odd-numbered year as they
have been since 1901, and as codified in Local Law No. 5-1966,[1] which increased the number of councilmembers from four
to six, and Local Law Nos. 21-2013 and 14-2023,[2] which defined the councilmanic district boundaries, and
shall continue to be held in odd-numbered years.
