[Added 12-31-1974 by Res. No. 690-1974[1]]
A.
ATTACK
DULY AUTHORIZED DEPUTY
EMERGENCY INTERIM SUCCESSOR
PUBLIC DISASTER
TOWN
Definitions. As used in this Article, 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,
shellfire 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 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 or special law other than the sections
of law pursuant to which this Article is adopted.
A person designated pursuant to this Article for possible
temporary succession to the powers and duties, but not the office,
of a Town officer in the event that neither such officer nor any duly
authorized deputy is able, due to death, absence from the Town 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 a substantial number of
the residents of the Town 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 Town 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.
The Town of North Hempstead.
B.
Designation, status and qualifications of emergency
interim successors.
(1)
Elective officers. Within 30 days following the effective
date of this Article, and thereafter within 30 days after any elective
officer shall first enter upon the duties of his office, the Town
Board shall designate, in addition to any duly authorized deputy of
such officer, such number of interim successors to the powers and
duties of such 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.
(2)
Appointive officers. The Town Board shall within the time specified in § 23-16B(1), 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.
(3)
Review of designations. The Town Board 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 combinations thereof, for each elective and appointive officer
of the Town.
(4)
Qualifications. No person shall be designated nor
serve as an emergency interim successor unless he is legally qualified
to hold the office of the person to whose powers and duties he is
designated to succeed, but no person shall be disqualified as an emergency
interim successor only because he holds another Town office.
(5)
Status of emergency interim successor. A person designated
as an emergency interim successor shall hold that designation at the
pleasure of the Town Board, and such a designation shall remain effective
until replaced by another successor by the authorized designator.
(6)
Compensation. An emergency interim successor shall
serve without salary, unless otherwise provided by ordinance or resolution.
He shall, however, be entitled to reimbursement for actual expenses
necessarily incurred in the performance of his powers and duties.
C.
Assumption of powers and duties by emergency interim
successor. If, in the event of an attack or a public disaster, an
officer described in § 23-B(1) or (2) of this Article, or
his duly authorized deputy, if any, is unable, due to death, absence
from the Town 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.
D.
Recording and publication of designations. The name,
address and rank in order of succession of each duly authorized deputy
and emergency interim successor shall be filed with the Town 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 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.
E.
Qualification for taking office. At the time of their
designation or as soon thereafter as possible, emergency interim successors
shall take 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.
F.
Quorum and vote requirements. In the event of an attack
or a public disaster, the Supervisor or his duly authorized deputy
or emergency interim successor performing his powers and duties may
suspend quorum requirements for the Town Board. If quorum requirements
are suspended, any 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.
G.
Severability. If any section, subdivision, sentence,
clause, phrase or portion of this Article 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.
H.
When effective. This Article shall take effect upon
its adoption, its publication and posting as prescribed by the Town
Law § 133, and the filing of one certified copy thereof
with the Town Clerk, one certified copy in the office of the State
Comptroller and three certified copies in the office of the Secretary
of State.
