[HISTORY: Adopted by the Town Board of the Town of Islip 4-28-64
as Local Law No. 1, 1964. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Building and Housing — See Ch. 6.
Department of Waste Disposal — See Ch. 63.
The New York State Defense Emergency Act, in Section 29a 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. The General Municipal Law, in Section 60 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 local law is adopted so that
on such occasions the government of the Town of Islip, New York, may continue
to function properly and efficiently under emergency circumstances.
As used in this local law, 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 disaster, catastrophe or emergency, actual or imminent, of such
unusual proportions or extent that a substantial number of the residents of
the Town of Islip 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 Islip 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 of
life, health or property from exposure to noxious materials or radiation.
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 local law.
A person designated pursuant to this local law 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.
Elective officers. Within thirty (30) days following
the effective date of this local law 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 § 23-3A, 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 board 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.
C.
Review of designations. The incumbent, in the case of those elective officers specified in § 23-3A, and the appointing officer or body of officers specified in § 23-3B, shall from time to time review and, as necessary, promptly revise the designations of emergency interim successors to insure 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 local law. 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 a public disaster, an officer described in § 23-3A or B of this local law 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 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 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.
If any section, subdivision, sentence, clause, phrase or portion of
this local law shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the remainder
thereof but shall be confined in its operation to the section, subdivision,
sentence, clause, phrase or portion thereof directly involved in the controversy
in which such judgment shall have been rendered.
This local law shall take effect upon its adoption and the filing of
one (1) certified copy thereof with the Town Clerk, one (1) certified copy
in the office of the State Comptroller and three (3) certified copies in the
office of the Secretary of State.
