The New York State Defense Emergency Act, in
Section 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. 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
City of Rye, 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:
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 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 powers 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 Rye 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 Rye 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 §
9-3A or
B 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, or an emergency interim successor higher in rank in order of succession, 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.
This chapter shall take effect upon its adoption
and the filing of one certified copy thereof with the City Clerk,
one certified copy in the office of the State Comptroller and three
certified copies in the office of the Secretary of State.