[Amended 9-4-2001 by L.L. No. 2-2001]
The New York State Defense Emergency Act, in § 29 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. Executive Law § 27
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 Village of Massena, 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
An 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 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,
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 Village officer
in the event that neither the officer nor any duly authorized deputy is able,
due to death, absence from the Village, or other physical, mental or legal
reasons, to perform the power and duties of the office.
PUBLIC DISASTER
A.
A disaster, catastrophe or emergency, actual or imminent, of such unusual
proportions or extent that:
(1)
A substantial number of the residents of the Village of Massena 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 residents is imperiled, damaged or destroyed; and
(2)
It is necessary and essential in the interest of public safety, health
and welfare that the continuity of the government of the Village of Massena
be assured in order that it be enabled to function properly and efficiently,
and to exercise its essential powers in meeting emergency conditions.
B.
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 Subsection
A or Subsection
B of §
15-3 of this chapter, or his duly authorized deputy, if any, is unable, due to death, absence from the Village, 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 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 Village 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 Board of Trustees. 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.