[Amended 12-8-2020 by L.L. No. 2-2020]
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.
Executive Law § 27 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 chapter is adopted so that on such occasions
the government of the Town of LaFayette, New York, may continue to
function properly and efficiently under emergency circumstances.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
PUBLIC DISASTER
A disaster, catastrophe or emergency, actual or imminent,
of such unusual proportions or extent that 1) a substantial number
of the residents of the Town of LaFayette 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 2) it is necessary and essential in the interest of
public safety, health and welfare that the continuity of the government
of the Town of LaFayette be assured in order that it be enabled to
function properly and efficiently and to exercise its essential powers
in meeting emergencies which 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 lives, health or property from exposure to noxious materials or
radiation.
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, special or local law other than
this chapter.
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.
If, in the event of an attack or a public disaster, an officer described in §
19-3A 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, 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 authority of an emergency interim successor performing the powers and duties of an office shall not terminate upon the subsequent availability of an emergency interim successor higher in rank in order of succession.
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 Town 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 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.