[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville 3-18-1963 (Ch. 4 of the 1971 Code). Amendments noted where applicable.]
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,
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 chapter is adopted.
A person designated pursuant to this chapter for possible
temporary succession to the powers and duties, but not the office,
of a Village officer in the event that neither officer nor any duly
authorized deputy is able, due to death, absence from the Village
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 Village of Baldwinsville
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 Village
of Baldwinsville 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.
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, 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 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, and the appointing officer or body of officers specified in Subsection B shall, from time to time, review and, as necessary, promptly revise the designations of emergency interim successors to insure 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 Village.
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 ordinance or resolution. 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 § 16-2A or B of this chapter or his duly authorized deputy, if any, is unable, due to death, absence from the Village 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, 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 Village 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 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.
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 Village
Board of Trustees. 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.