The New York State Defense Emergency Act, in
§ 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 § 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 chapter is adopted
so that on such occasions the government of the County of Tompkins,
New York may continue to function properly and efficiently under emergency
circumstances.
As used in this chapter, the following terms
shall mean and include:
ACTING CHAIRMAN
A member of the County Legislature who is elected at the
organization meeting each year to serve as Chairman of the Legislature
in the absence of the Chairman, with all of the powers and duties
of the Chairman, who shall serve as such Acting Chairman in the event
of an attack or public disaster as defined in this section.
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,
shell fire or nuclear, radiological, chemical, bacteriological or
biological means or other weapons or processes.
DEPUTY CHAIRMAN
Those members of the County Legislature duly appointed by
the Chairman of the Legislature at the organization meeting each year
to serve as Chairman of the Legislature with all the Chairman's powers
and duties in the absence of the Chairman and the Acting Chairman
by reason of attack or public disaster as defined in this section.
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, exclusive of
the Acting Chairman and Deputy Chairman as outlined in this section,
for possible temporary succession to the power 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.
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 County of Tompkins 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 County of Tompkins 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 Subsection
A or Subsection
B of §
17-3 of this chapter, or his 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, acting Chairman of the County Legislature or Deputy Chairman of the County Legislature 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 or emergency interim successor shall
be filed with the County Clerk, and each designation, replacement
or change in order of succession of any emergency interim successor,
Acting Chairman of the County Legislature or Deputy Chairman of the
County Legislature 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, Acting Chairman of the County
Legislature, Deputy Chairman of the County Legislature, 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, Acting Chairman
of the County Legislature or Deputy Chairman of the County Legislature
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, Acting Chairman
of the County Legislature, Deputy Chairman of the County Legislature,
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 Chairman of the County Legislature, Acting Chairman of the County
Legislature or Deputy Chairman of the County Legislature may suspend
quorum requirements for the County Legislature. 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.