[HISTORY: Adopted by the City Council of the City of Batavia 1-26-1981
as Ch. 102 of the 1981 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Continuity of Government
Law of the City of Batavia."
The New York State Defense Emergency Act, in section twenty-nine-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 Executive Law, in § 27
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 Batavia, 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:
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.
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.
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.
A disaster, catastrophe or emergency, actual or imminent, of such
unusual proportions or extent that (1) a substantial number of the residents
of the City of Batavia 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 (2) it is necessary and essential
in the interest of public safety, health and welfare that the continuity of
the government of the City of Batavia 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.
A.Â
Elective officers. Within 30 days following the effective
date of this chapter and thereafter within 30 days after first entering upon
the duties of his or her 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 or her office and specify their
rank in order of succession after any duly authorized deputy so that there
will be not less than three duly authorized deputies or emergency interim
successors, or combination thereof, to perform the powers and duties of the
office.
B.Â
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 rank in order of succession after any duly authorized deputy so that there will be not less than three duly authorized deputies or emergency interim successors, or combination thereof, for each such officer. Where such a body of officers shall review and, as necessary, revise the previous designations of emergency interim successors by such board within 30 days after a new member elected or appointed to such body of officers first enters upon the duties of his or her office as a member of such body of officers.
C.Â
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 duly authorized deputies or emergency interim successors, or combination thereof, for each elective and appointive officer of the city.
D.Â
Qualifications. No person shall be designated to, nor
serve as, an emergency interim successor unless he or she is legally qualified
to hold the office of the person to whose powers and duties he or she is designated
to succeed.
E.Â
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.Â
Compensation. An emergency interim successor shall serve
without salary, unless otherwise provided by this chapter. He or she shall,
however, be entitled to reimbursement for actual expenses necessarily incurred
in the performance of his or her powers and duties.
If, in the event of an attack or a public disaster, an officer described in Subsection A or B of § 6-4 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 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.
In the event of an attack or a public disaster the President, 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.
