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 City of Rochester,
New York, may continue to function properly and efficiently under emergency
circumstances.
As used in this chapter the following terms shall mean and include:
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, shell fire, 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 Rochester 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 Rochester 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.
[Amended 2-14-2006 by Ord. No. 2006-22]
If, in the event of an attack or a public disaster, an officer described in Subsection
A or
B of §
7-3 of this chapter or his or her 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 or her 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 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.)
[Amended 2-14-2006 by Ord. No. 2006-22]
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 or her name as an emergency interim successor and his or her
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.
[Amended 2-14-2006 by Ord. No. 2006-22]
In the event of an attack or a public disaster the Mayor, or his or
her duly authorized deputy or emergency interim successor performing his or
her powers and duties, may suspend quorum requirements for the 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.
If any section, subdivision, sentence, clause, phrase or portion of
this chapter 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 chapter shall take effect immediately.