DATED: 1963

Local Law No. 1, 1963
Section 1. Intent. The New York State defense emergency act, In section twen­ty-nine thereof, authorizes political sub­divisions of the state to ,provide for the continuity of their governments in the event of an actual or imminent attack upon United States by un enemy or foreign nation. The general municipal k1.w. In section sixty thereof  authorizes political subdivisions to provide for continuity of their governments in the event of other public disasters, catastrophes or emergencies. Based on the authority contained in such laws this local law is .adopted so that on such occasions the government of the County of .Mont­gomery, New York, may continue to function properly and efficiently under emergency circumstances.
Section 2. Definitions. As used In this local Jaw the following terms shall mean und Include:
a. "Attack." 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 use of bombs, shell fire, or nuclear, radio­logical, chemical. bacteriological, or bio­logical means or other weapons or pro­cesses.
b. "Public Disaster." A disaster, ca­tastrophe or emergency, actual or immi­nent. of such unusual proportions or extent that (1) a substantial number of the residents of the County r0f Mont­gomery, 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 (2) it is necessary and essential In the interest of public safety,. health and welfare that the contin­uity of the government ,of the County of Montgomery be assured in order that it be enabled to function properly and efficiently and to exercise its essential p1Ywers in meeting emergency conditions. Such disasters catastrophes and emer­gencies may include, but shall not he 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.
c. "Duly authorized deputy". 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, special, or local Jaw other than this local law.
d. "Emergency” interim successor." A person designated pursuant to this local law for possible temporary succession to the powers and duties, but not the office of a County officer In the event that neither such officer nor any duly authorized deputy Is able, due to death, absence from the County, or other phys­ical, mental, or legal reasons, to per­form the powers and duties of the office.
Section 3. Designation, status, qualifications, and terms of designation of emergency interim successors.
a. Elective officers. Within thirty days following the effective date of this local law, and thereafter within thirty 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 spectrum subdivision 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 member�� having overlapping terms such body of officers shall review and, as necessary, revise the previous designations of emer­gency interim successors by such board within thirty days after a new member · elected or appointed to such body of officers first enters upon the dutic8 of his office as .a member of such body of officers.
c. Review of designations. The In­cumbent in the case of these elective officers specified In subdivision u. of this section, and the appointing- officer or body of officers specified in subdivision b. of this section 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 County.
d. Qualifications. No person shall be designated to, nor serve as, an emergency interim successor unless he IR 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 n 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.
Section 4. Assumption of powers and duties of officer by emergency interim successor. lf, In the event of an attack or n public disaster, an officer described In .subdivision .a. or subdivision b. of sec­tion three of this local law or his duly authorized deputy, If any, ls unable, due to death, absence from the County, 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, .of 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.)
Section 5. 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 County 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 such data regarding duly authorized deputies and emergency interim successors ,and the same shall be ��pen to public inspection. The clerk shall notify in writing each designated persons 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.
Section 6. Qualification for taking of­fice. At the time of their designation. or ns 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 rl11tie:-: of the office to which they may succeed.
Section 7. Quorum and vote requirements. In the event of an attack or public disaster the Chairman of the Board of Supervisors of Montgomery County, or his duly authorized deputy or emergency interim performing his powers and duties, may suspend quorum requirements for the Board of Supervisors of Montgomery County. If quorum requirements are suspended, any local law, ordinance, resolution, or oth­er action requiring enactment, adoption or approval by an affirmative, vote of a specified proportion of members may he enacted, adopted or .approved by the affirmative vote of the specified proportion of those voting thereon.
Section 8. Separability clause. If any section, sub-division, sentence. clause, phrase or portion of this local law 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 judgement shall have been rendered.
Section 9. Effective date. This local law shall take effect upon Its adoption and the filing of .one certified copy there­of with the County Clerk, one certified copy In the office of the State Comp­troller .and three certified copies in the office of the Secretary of State.
Board of Supervisors, Montgomery County:
Lewis D. Sandy
Chairman Everett Szurek
Hor.ace Allen
Joseph Dylong
Curtis S. Nellis Francis Dimond, Edward Davis Kenneth Darrow, Maylon Luft
Michael Sagarese George Willis
Joseph Bieniek Chester Iwanski