[HISTORY: Adopted by the Town Board of the Town of Fort Edward 7-17-63.
Section 8-3B amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
The New York State Defense Emergency Act, in Section 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; and the General
Municipal Law, in § 60 thereof,[2] authorizes political subdivisions to provide for the continuity
of their governments in the event of other public disasters, catastrophes
or emergencies. Therefore, pursuant to the authority contained in such law
and in order to ensure that, on such occasions, the government of the Town
of Fort Edward may continue to function properly and efficiently under emergency
circumstances, the Town Board of the Town of Fort Edward, Washington County,
New York, hereby ordains and enacts as follows.
As used in this chapter, the following terms shall mean and include:
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 person authorized to perform all of 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 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 disaster, catastrophe or emergency, actual or imminent, of such
unusual proportions or extent that a substantial number of the residents of
the Town of Fort Edward 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 of Fort Edward 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 thirty (30) days following
the effective date of this chapter, and thereafter within thirty
(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 (3) 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 (3) 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 body of officers within thirty (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.[1]
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 (3) duly authorized deputies or emergency interim successors, or combination 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.
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 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 public disaster, an officer described in § 8-3A 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 reason, 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.
A.
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 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.
B.
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 the 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.
