[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 City of Plattsburgh, New York, may continue
to function properly and efficiently under emergency circumstances.
As used in this chapter, the following terms shall mean and
include:
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,
shellfire or nuclear, radiological, chemical, bacteriological or biological
means or other weapons or processes.
DULY AUTHORIZED DEPUTY
A person authorized to perform all the powers and duties
of a public office in the event that 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 City officer in the event that neither such officer nor any duly
authorized deputy is able, due to death, absence from the City or
other physical, mental or legal reasons, to perform the power and
duties of the office.
PUBLIC DISASTER
A disaster, catastrophe or emergency, actual or imminent,
of such unusual proportions or extent that a substantial number of
the residents of the City of Plattsburgh 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 of Plattsburgh 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.
If in the event of an attack or a public disaster an officer described in Subsection
A or Subsection
B of §
29-3 of this chapter 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.
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 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 Mayor, or
his duly authorized deputy or 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.