[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 8-7-1968 by Ord. No. 3-1968. Amendments noted where
applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 28.
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.
The General Municipal Law, in § 60[2] thereof, 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 Poughkeepsie, Dutchess County, 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 Town of Poughkeepsie 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 Poughkeepsie be assured in order that it is 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.Â
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 or 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 or her
office and specify their rank in order of succession after any duly
authorized deputy so that there will be not fewer than three duly
authorized deputies or emergency interim successors, or combination
thereof, to perform the powers and duties of the office.
B.Â
Appointive officer. 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 fewer 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 or her office as a member of such body of officers.
C.Â
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 Town of Poughkeepsie.
D.Â
Qualifications. No person shall be designated to nor
serve as an emergency interim successor unless he or she is legally
qualified to hold the office of the person to whose powers and duties
he or she is designated to succeed.
E.Â
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.Â
Compensation. An emergency interim successor shall
serve without salary, unless otherwise provided by local law. He or
she shall, however, be entitled to reimbursement for actual expenses
necessarily incurred in the performance of his or her powers and duties.
If, in the event of an attack or a public disaster, an officer described in Subsection A or Subsection B of § 6-3 of this chapter or his or 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 or 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 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 or her name as an emergency interim successor
and his or 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 Supervisor of the Town of Poughkeepsie or his or her duly authorized
deputy or emergency interim successor performing his or her 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.
