[HISTORY: Adopted by the Council of the City of Beacon 6-15-1964
by L.L. No. 1-1964. Amendments noted where applicable.]
The New York State Defense Emergency Act, in Section 29-a thereof,[1] 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,[2] 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 Beacon,
New York, may continue to function properly and efficiently under emergency
circumstances.
As used in this chapter, the following terms shall mean and include:
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 a substantial number of the residents of
the City of Beacon either sustain injury, become ill, are infected with disease,
have their lives imperiled or 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 Beacon be assured in order that it may 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.
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 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 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.
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 consists of members having overlapping terms, such 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 office as a member of such body of officers.
C.
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.
Qualifications. No person shall be designated to, 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.
E.
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.
Compensation. An emergency interim successor shall serve
without salary, unless otherwise provided by local law. He shall, however,
be entitled to reimbursement for actual expenses necessarily incurred in the
performance of his powers and duties.
If, in the event of an attack or a public disaster, an officer described in § 19-3A or B or his 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 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. (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 City Clerk,
and each designation, replacement or change in order of succession of an 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.
[Amended 3-16-1992 by L.L.
No. 2-1992]
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 City 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 specific proportion
of members may be enacted, adopted or approved by the affirmative votes of
the specific proportion of those voting thereon.
