[HISTORY: Adopted by Dutchess County 12-10-1962 by L.L. No. 3-1962. Amendments noted where
applicable.]
STATUTORY REFERENCES
Defense Emergency Act — See Unconsolidated Laws Title 26, Ch. 1, Art. 3, § 9134-a.
ADMINISTRATIVE CODE REFERENCES
Acting heads of administrative units — See § 32.06.
CODE OF LOCAL LAWS REFERENCES
County Legislature — See Ch. 24.
The New York State Defense Emergency Act, in § 29-a
thereof,[1] 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 County of Dutchess, 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:
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, special, or local law other than
this chapter.
A person designated pursuant to this chapter for possible
temporary succession to the powers and duties, but not the office,
of a County officer in the event that neither such officer nor any
duly authorized deputy is able, due to death, absence from the County,
or other physical, mental, or legal reasons, 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 County of Dutchess
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 County
of Dutchess 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.
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/her 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/her 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/her 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 County.
D.
Qualifications. No person shall be designated to, nor serve as, an
emergency interim successor unless he/she is legally qualified to
hold the office of the person to whose powers and duties he/she 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/She shall, however,
be entitled to reimbursement for actual expenses necessarily incurred
in the performance of his/her powers and duties.
If, in the event of an attack or a public disaster, an officer described in § 18-3A or B of this chapter or his/her duly authorized deputy, if any, is unable, due to death, absence from the County, 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/her 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 County 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/her name as an emergency interim successor and his/her 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 Chair of
the County Legislature, or his/her duly authorized deputy or emergency
interim successor performing his/her powers and duties, may suspend
quorum requirements for the County Legislature. 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; provided, however, that at least a majority of those voting
thereon shall be necessary to any such local law, ordinance, resolution
or other action.
