LL #04-2002T o�•al Law .rzli.jag
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text o[ law- should be given as amend. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
6X
My I of -----------WAR INGFR. - -- - - ----
Town - - -
'ui
Local Law No. ---------- 114----------------------- of the year 20-M.
A local law ..entitle.d.._'Incal-.La*a._No...-......_.Qf--the--.Law_ estaoli,shing_ and
(1--1 Tida) -
adopting provisions for a Succession of Authority and Creating New
-------------------------------------------------------------------------
--------------------------------
Section of Town Code".
Be it enacted by the-------TOW-k-ROARD----------------------- - - - - - -- - ---- of the
Cvaw.a o/Le;irlarivs Body)
eftyWAPPINGER
Townof------------------------------------------------------------------------------------------ as follows:
V9fte
TEXT COMMENCES ON NEXT PAGE.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99)
(1)
LOCAL LAW No. #4 OF THE YEAR 2002
A Local Law entitled "Local Law No. #4 of the Year 2002, establishing and adopting
provisions for a Succession of Authority and Creating New Section of Town Code."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1. Adoption of "Local Law No. X64 of the Year 2002, establishing
and adopting provisions for a Succession of Authority and Creating
New Section of Town Code".
This Local Law shall be known and cited as "Local Law No. #4 of the Year 2002,
establishing and adopting provisions for a Succession of Authority and Creating New Section of
Town Code".
Section 2. Legislative Intent.
It is the purpose of this Local Law to create a new Chapter 55 of the Town Code entitled
"Succession of Authority".
Article 2-B, Section 27 of the Executive Law of the State of New York authorizes a town to
establish the succession of authority in the event the town Supervisor is absent from the Town, or is
otherwise unable, or is incapable to discharge the powers and duties of his/her office during a
disaster or emergency conditions. The purpose of this Local Law is to name those officials who
will succeed to the Supervisor's authority, powers and duties whenever the Supervisor is absent
from the Town or is otherwise unable or incapable to discharge the powers and duties of his/her
office.
Section 3. Succession of Authority.
A new Chapter 55 of the Town Code is hereby established entitled "Chapter 55 —
Succession of Authority" to read as .follows:
G:\\'/APPING E\To%%,-n Board\Localla•.v\EmergencylnterimSuccessors\LocalLaw.doc
"50-1. Pursuant to the authority conferred by Article 2-B Section 27 of the Executive Law
of the State of New York, the following succession of authority is hereby established in the event
that the Supervisor is absent from the Town or is otherwise unable or incapable to discharge the
powers and duties of his/her office, authorized and provided under Section 24 of the Executive Law,
and those powers and duties shall devolve upon the next person available on the following list until
such time as the person acting under the authority conferred hereby is relieved by a person higher on
the list:
1. Supervisor;
2. Deputy Supervisor;
3. Any Town Board member sequentially in order of seniority;
4. Fire Inspector/Disaster Coordinator;
5. Highway Superintendent;
6. Chiefs of the Fire Company within the jurisdiction in which the emergency is occurring
or has occurred;
7. Deputy Chiefs of the Fire Company within the jurisdiction in which the emergency is
occurring or has occurred;
8. Director of Town Vandalism Control.
Section 4. Effective Date
The local law is not subject to mandatory or permissive referendum and is effective upon its
filing with the Tovm Clerk, upon the filing of a certified copy in the office of the State Comptroller,
and upon the filing of three certified copies with the Office of the Secretary of State, in accordance
with the provisions of Article 2-B of the Executive Law and the provisions of Section 27 of the
Municipal Home Rule Law.
Section 5. Separability
If any part or provision of this Local Law or application thereof to any person or
circumstance shall be adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part of the provision or application directly involved in
the controversy in which judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this Local Law or the application thereof to other persons or
circumstances, and the Town of Wappinger hereby declares that it would have passed this Local
Law or the remainder thereof had such invalid application or invalid provision been apparent.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which Is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. -.-#4 --------------------- ---
of the (Araxg#tlbwn)(�oF- Wa . in`er. - -- of 20��-
c -•--PP $ - was duly passed b
Nam? o_Fioar�----------------------- on _F -eh. --25-__--- 20. Q2 in accordance with the applicable provisions of lave
(h'amr of Legislative Bodv,
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. -----------------------------------
of the (County)(City)(Town)(Village) of ____________________ of 20______
_____--------------------------------------------- was duly passed by the
------------------"------- on 20 __. and was (approved)(not approved)(repassed after
--------------------------
(,Vame of LegWarive Body) -----
disapproval) by the_______________________________________ __ and was deemed duly adopted on __________________ 20___
(Elective ChiefEsecurive officer,)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local late annexed hereto, designated as local law No. ___________________________________ of 20-_____
of the (County)(City)(Town)(Village) of -------------------------------- - - _ _ -- ----------
was duly passed by the
,V---------------------------------------------------lLesis on 20---- , and was (approved)(not approved)(repassed after
(,Varve o/Legislative Badv)
------------------
disapproval) by the ___________________ _0---_',
(Elective Chief Fsecutive offieer•) Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (genera l)(special)(annua1) election held on ------------------
accordance with the applicable provisions of law. —'Q--- , in
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20 ------
of the (County)(City)(Town)(Village) of ---------------- --------------__ _ _ --_ --- -- -- ------
was duly passed by the
-------------------------------------- 20---- , and was (approved)(not a
on - -- -
(h'ame o/Legislative BaJv) pproved)(repassed after
disapproval) by the-------------------•--------------------------
on__________________ 2p ___ ,Such local law was subject to
(Elective Chir/Esecuri,a Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of _--___._____
accordance with the applicable provisions of law. 2Q___ , in
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basiS or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer Is vested with the power to approve or veto local laws or ordinances.
(2)
(City local law concerning Charter revision proposed by petition.)
• Thereby certify that the local law annexed hereto, designated as local law No. ______________________________
----- of 20__. ---
of the City of _____________________________________________ having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20-___
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. -----------------------------------
of the County of ----------------------------------------------- f electors ----- State of New York, having been submitted to t
s
heoelectors
at the General Election of November ...................... 20-.--, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding.local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph -.-I --------- above. , 17
Clerk of th'z County legislative—body, 'ity, To or tllage Clerk
or officer designatedby local legisl�nve bodv I
Gloria ,ta Morse, ,Town Clerk i
(Seal) Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTYOF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Albert P—. -Roberts, Esq.
Attorney to Town
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Date: -)Id � Lo 2.
(3)