[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.
A.
The purpose of such plans shall be to minimize the effects of disaster
by:
(1)
Identifying
appropriate local measures to prevent disasters;
(2)
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
(3)
Providing
for recovery and redevelopment after disasters.
B.
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.
C.
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.
D.
Such plans shall include, but not be limited to:
(1)
Disaster prevention and mitigation. Plans to prevent and minimize
the effect of disasters shall include, but not be limited to:
(a)
Identification of hazards and assessment of risk.
(b)
Recommended disaster prevention and mitigation projects, policies,
priorities and programs, with suggested implementation schedules,
which outline federal, state and local roles.
(c)
Suggested revisions and additions to building and safety codes
and zoning and other land use programs.
(d)
Such other measures as reasonably can be taken to protect lives,
prevent disasters and reduce their impact.
(2)
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:
(a)
Centralized coordination of resources, manpower and services,
utilizing existing organizations and lines of authority and centralized
direction of requests for assistance;
(b)
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;
(c)
A system for warning populations who are or may be endangered;
(d)
Arrangements for activating municipal and volunteer forces,
through normal chains of command so far as possible, and for continued
communication and reporting;
(e)
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;
(f)
A plan for coordination evacuation procedures, including the
establishment of temporary housing and other necessary facilities;
(g)
Criteria for establishing priorities with respect to the restoration
of vital services and debris removal;
(h)
A plan for the continued effective operation of the civil and
criminal justice systems;
(i)
Provisions for training local government personnel and volunteers
in disaster response operations;
(j)
Providing information to the public;
(k)
Care for the injured and needy and identification and disposition
of the dead;
(l)
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;
(m)
Control of ingress and egress to and from a disaster area;
(n)
Arrangements to administer state and federal disaster assistance;
(o)
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;
(p)
A system for obtaining and coordinating disaster information,
including the centralized assessment of local disaster effects and
resultant needs;
(q)
Continued operation of governments of political subdivisions;
(r)
Procedures under which the Village and emergency organization
personnel and resources will be used in the event of a disaster; and
(s)
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.
(3)
Recovery. Local plans to provide for recovery and redevelopment after
disasters shall include but not be limited to:
(a)
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.
(b)
Provision for cooperation with state and federal agencies in
recovery efforts.
(c)
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:
A.
The Trustee designated as "Emergency Management Coordinator" at the
immediate previous organizational meeting of the Village.
B.
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.
C.
The Village Clerk.
D.
The Village Attorney.
E.
The Chief of Police.
F.
The Chief of the Fire Department.
G.
The Superintendent of the Department of Public Works.
H.
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.
