[HISTORY: Adopted by the Town Board of the Town of DeWitt as Ch.
10 of the 1969 Code.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 30.
[1]
Editor's Note: This legislation was adopted pursuant to authority
granted by the New York State Defense Emergency Act § 29A and General
Municipal Law § 60. See now § 27 of the Executive Law.
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 the powers and duties of a public
office in the event that the office is vacant or at such time 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 DeWitt 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 DeWitt 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, catastrophies 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 ranks in order of succession after any duly authorized deputy so that
there will be not fewer than three (3) duly authorized deputies or emergency
interim successors, or a 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 ranks in order of succession after any duly authorized deputy so that there will be not fewer than three (3) duly authorized deputies or emergency interim successors, or a combination thereof, for each such officer. Where such a body of officers consists of membership 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 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 a 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 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 a public disaster, an officer described in § 11-2A 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 reasons, to perform the powers and duties of the office, the emergency interim successor of such officer highest in rank in the 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, 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 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 the order of succession.
The name, address and rank in the 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 the 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 the 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 the order of succession and also shall notify, in writing, any person
previously designated who is replaced or whose place in the 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 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.
