[HISTORY: Adopted by the Board of Trustees of the Village of Malverne as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-11-2001 by L.L. No. 4-2001 (Ch. 13, Sec. I, of the 1972 Code)]
[Amended 4-19-2010 by L.L. No. 1-2010]
Pursuant to Executive Law § 23, there is hereby created in the Incorporated Village of Malverne an Emergency Management Commission consisting of an Emergency Management Coordinator, who may be a member of the Village Board of Trustees; the Chief of Police or his designate; the President of the Malverne Volunteer Ambulance Corps or his designate; the Superintendent of the Building Department or his designate; the Superintendent of the Department of Public Works or his designate; the Chief of the Malverne Volunteer Fire Department or his designate; the Chief of the Malverne Police Reserves or his designate; a representative of CERT or his designate; and a member of the Village Board of Trustees. The Emergency Management Coordinator shall be appointed by the Mayor for a term of two years; however, if the appointee is not a member of the Board of Trustees the appointment will require Board approval. The Emergency Management Coordinator shall serve as the Chairperson of the Commission. The members of the Commission, except those who serve ex-officio, shall be allowed their actual and necessary expenses incurred in the performance of their duties under this article but shall receive no additional compensation for services rendered pursuant to this article.
The Commission, on call of the Chairperson, shall meet at least twice each year and at such other times as may be necessary. The agenda and meeting place of all regular meetings shall be made available to the public in advance of such meetings, and all such meetings shall be open to the public. The Commission shall establish quorum requirements and other rules and procedures regarding conduct of its meetings and other affairs. The Village Clerk and/or Deputy Village Clerk shall serve as secretary to the Commission and provide staff services as may be necessary through the Village Clerk's office.
The Emergency Management Commission is authorized to prepare disaster preparedness plans.
The purpose of such plans shall be to minimize the effects of disaster by:
Identifying appropriate local measures to prevent disasters;
Developing mechanisms to coordinate the use of local resources and manpower for service during and after disasters and the delivery of services to aid citizens and reduce human suffering resulting from a disaster; and
Providing for recovery and redevelopment after disasters.
In preparing such plans, cooperation, advice and assistance shall be sought from local government officials, regional and local planning agencies, police agencies, fire departments and fire companies, local civil defense agencies, commercial and volunteer ambulance services, health and social services officials, community action agencies, the chief administrator of the courts, organizations for the elderly and the handicapped, other interested groups and the general public. Such advice and assistance may be obtained through public hearings held on public notice, or through other appropriate methods.
Plans for disaster preparedness developed by the Emergency Management Commission, or any revisions thereto, shall be submitted to the New York State Disaster Preparedness Commission by December 31 of each year to facilitate state coordination of disaster operations.
Such plans shall include, but not be limited to:
Disaster prevention and mitigation. Plans to prevent and minimize the effect of disasters shall include, but not be limited to:
Identification of hazards and assessment of risk.
Recommended disaster prevention and mitigation projects, policies, priorities and programs, with suggested implementation schedules, which outline federal, state and local roles.
Suggested revisions and additions to building and safety codes and zoning and other land use programs.
Such other measures as reasonably can be taken to protect lives, prevent disasters and reduce their impact.
Disaster response. Plans to coordinate the use of resources and manpower for service during and after disasters and to deliver services to aid citizens and reduce human suffering resulting from a disaster shall include, but not be limited to:
Centralized coordination of resources, manpower and services, utilizing existing organizations and lines of authority and centralized direction of requests for assistance;
The location, procurement, construction, processing, transportation, storing, maintenance, renovation, distribution or use of materials, facilities and services which may be required in time of a disaster;
A system for warning populations who are or may be endangered;
Arrangements for activating municipal and volunteer forces, through normal chains of command so far as possible, and for continued communication and reporting;
A specific plan for rapid and efficient communication and for the integration of local communication facilities during a disaster, including the assignment of responsibilities and the establishment of communication priorities and liaison with municipal, private, state and federal communication facilities;
A plan for coordination evacuation procedures, including the establishment of temporary housing and other necessary facilities;
Criteria for establishing priorities with respect to the restoration of vital services and debris removal;
A plan for the continued effective operation of the civil and criminal justice systems;
Provisions for training local government personnel and volunteers in disaster response operations;
Providing information to the public;
Care for the injured and needy and identification and disposition of the dead;
Utilization and coordination of programs to assist victims of disasters, with particular attention to the needs of the poor, the elderly, individuals with disabilities, and other groups which may be especially affected;
Control of ingress and egress to and from a disaster area;
Arrangements to administer state and federal disaster assistance;
Procedures under which the county, city, town, Village or other political subdivision and emergency organization personnel and resources will be used in the event of a disaster;
A system for obtaining and coordinating disaster information, including the centralized assessment of local disaster effects and resultant needs;
Continued operation of governments of political subdivisions;
Procedures under which the Village and emergency organization personnel and resources will be used in the event of a disaster; and
Utilization and coordination of programs to assist individuals with household pets and service animals following a disaster, with particular attention to means of evacuation, shelter and transportation options.
Recovery. Local plans to provide for recovery and redevelopment after disasters shall include but not be limited to:
Recommendations for replacement, reconstruction, removal or relocation of damaged or destroyed public or private facilities, proposed new or amendments to zoning, subdivision, building, sanitary or fire prevention regulations and recommendations for economic development and community development in order to minimize the impact of any potential future disasters on the community.
Provision for cooperation with state and federal agencies in recovery efforts.
Provisions for training and educating local disaster officials or organizations in the preparation of applications for federal and state disaster recovery assistance.
[Adopted 7-6-2005 by L.L. No. 3-2005 (Ch. 13, Sec. II, of the 1972 Code)]
Pursuant to New York State Executive Law Article 2-B, § 27, and the New York State Defense Emergency Act, Section 9134-a, the Village of Malverne is authorized to provide for its continuity when, in the event of an attack and/or a disaster, and the emergency conditions caused thereby, an elected official is unable to discharge the powers and duties of such office, or is absent from the political subdivision. The Village hereby recognizes the importance of the continuity of government during such disasters and provides for such continuity in this article.
If, as a result of an attack, as defined in New York Unconsolidated Laws Section 9103, and/or a disaster, either natural or man-made, the Office of the Mayor becomes vacant and the Deputy Mayor is unable to discharge the powers and duties of the Office of Mayor, or is absent from the Village, then the officer of the Village who is a) highest in order of the following list, b) not otherwise unable to discharge such powers and duties, and c) not absent from the Village shall act as Mayor:
The Trustee designated as "Emergency Management Coordinator" at the immediate previous organizational meeting of the Village.
The remaining Trustees in order of total length of service on the Board of Trustees (including any time served previously as Mayor). In the event that any two or more Trustees have the same length of service, such order shall be determined by lot.
The Village Clerk.
The Village Attorney.
The Chief of Police.
The Chief of the Fire Department.
The Superintendent of the Department of Public Works.
The Building Inspector.
An individual who is acting as the Mayor under this article shall continue to do so until the vacancy in the Office of the Mayor shall be filled either by appointment as provided in Village Law Article 3, or by election or by the qualification of the Deputy Mayor. The removal of a disability or the termination of an absence from the Village of an officer higher on the list contained in § 68-5 of this article shall terminate the service in the office of Mayor of such Individual who is acting as Mayor.
This article shall become effective immediately after one certified copy thereof has been filed with the Village Clerk of the Village of Malverne; one certified copy thereof has been filed in the office of the State Comptroller; and three certified copies thereof have been filed in the office of the Secretary of State.