The Town of Washington Town Board and the Village of Millbrook Board of Trustees has been working together on a Joint Emergency Plan to help plan for future events that might occur and effect the citizens and property of both communities.
The first step required in bringing this plan to fruition is for both municipalies to adopt by Local Law a Disaster Preparedness Joint Council. The Town Board has held a Public Hearing on the matter and has made changes to the original document based upon input from different sources. The Town will continue the Public Hearing at the next meeting of the Town Board on January 12, 2012, beginning at 7:00 PM.
The Resolution is available here for Public Review. Copies may be picked up at the Town of Washington Town Hall.
RESOLUTION
Councilman __________________ offered the following resolution, which was seconded by Councilman __________________, who moved its adoption:
WHEREAS, a local law was introduced entitled A LOCAL LAW OF THE TOWN OF WASHINGTON, DUTCHESS COUNTY, NEW YORK TO ESTABLISH: (1) THE JOINT DISASTER PREPAREDNESS COUNCIL OF THE TOWN OF WASHINGTON AND THE VILLAGE OF MILLBROOK; AND (2) THE JOINT EMERGENCY SERVICES ORGANIZATION OF THE TOWN OF WASHINGTON AND THE VILLAGE OF MILLBROOK; and
WHEREAS, a public hearing in relation to said local law was held on December 5, 2011 at 7:00 p.m., Prevailing Time, continued on December 8, 2011 and _______________; and
WHEREAS, notice of said public hearing was given pursuant to the terms and provisions of the Municipal Home Rule Law of the State of New York; and
WHEREAS, said local law has been on the desks of the members of the Town Board of the Town of Washington for at least seven (7) days, exclusive of Sunday;
NOW, THEREFORE, BE IT RESOLVED that the following local law is hereby enacted:
Section 1. Establishment of (1) the Joint Disaster Preparedness Council of the Town of Washington and the Village of Millbrook and (2) the Joint Emergency Services Organization of the Town of Washington and the Village of Millbrook
SECTION ONE
PURPOSES AND DEFINITIONS
The declared purposes of this local law are to provide for: (a) the preparation and execution of plans for the protection of persons and property within the Town of Washington (the “Town”) and the Village of Millbrook (the “Village”) in the event of a declared emergency; (b) the continuity of government services; and (c) the coordination of the emergency functions of the Town and the Village with all other public agencies, corporations, organizations, affected private persons and properties.
As used in this local law, an emergency shall exist when proclaimed by the Town Supervisor. It shall include, but is not limited to, the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this Town and Village caused by fire, flood, storm, epidemic, extensive power outages or earthquake, including conditions resulting from war or imminent threat of war or any actual or threatened enemy attack or sabotage whether within or external.
SECTION TWO
JOINT DISASTER PREPAREDNESS COUNCIL OF THE
TOWN OF WASHINGTON AND THE VILLAGE OF MILLBROOK
The joint Town of Washington and Village of Millbrook Disaster Preparedness Council is hereby created and shall consist of the following members of each jurisdiction: (1) the Town Supervisor of the Town of Washington, who shall be chairman, (2) Deputy Town Supervisor as a vice-chairman, who shall act as chairman in the absence of the Town Supervisor, (3) such additional Town representatives as may be appointed by the Town Supervisor in his/her sole discretion to serve on the council, up to a maximum of three additional Town representatives; (4) the Town Clerk, (5) the Mayor of the Village of Millbrook; (6) the Deputy Mayor of the Village and (7) such additional Village representatives as may be appointed by the Village Mayor in his/her sole discretion to serve on the council, up to a maximum of three additional Village representatives. (hereinafter collectively referred to as “Joint Town/Village Disaster Council”). The Joint Town/Village Disaster Council shall meet as requested by the Town Supervisor.
SECTION THREE
POWER AND DUTIES
The Joint Town/Village Disaster Council is hereby granted the following duties and powers:
(1) To develop a plan for addressing any declared emergency and to prepare and recommend for consideration and adoption by the Town Board and the Village Board of Trustees a combined emergency plan with such local laws, resolutions, rules, and regulations as may be necessary to implement the emergency plan. The plan shall provide for the mobilization of the required and available resources of the community, both public and private;
(2) To develop and recommend for consideration and adoption any new or existing mutual aid plans and agreements and the necessary acts to implement the plans;
By enacting this local law, the Town and Village each hereby agree to follow the rules and regulations established by the State of New York disaster preparedness commission under the provisions of Article 2-B of the New York State Executive Law.
SECTION FOUR
EMERGENCY SERVICES ORGANIZATION
All officers and employees of the Town and Village, together with those individuals who have enrolled as volunteers to aid during an emergency, and all groups, organizations, and persons who may by agreement or by operation of law, including persons impressed into service under the provisions of Section Five, subsection (2) herein, and other persons charged with duties incident to the protection of life and property in the Town and Village during any emergency, shall collectively constitute the “Joint Emergency Services Organization of the Town of Washington and the Village of Millbrook” (referred to as the “Joint Town/Village Emergency Services Organization.”) The structure, organization, duties, and functions of the Joint Town/Village Emergency Services Organization shall be incorporated in an emergency plan recommended by the Joint Village/Town Disaster Council and approved by both the Town of Washington Town Board and the Village of Millbrook Board of Trustees.
SECTION FIVE
POWER AND DUTIES OF THE CHAIRMAN OF THE
JOINT EMERGENCY SERVICES ORGANIZATION OF THE TOWN OF WASHINGTON AND THE VILLAGE OF MILLBROOK.
The Town Supervisor is designated as the chairman of the Joint Town/Village Emergency Services Organization.
(1) As chairman, the Supervisor is hereby empowered:
(a) To proclaim the existence or threatened existence of a “local state of emergency” as set forth under Section 24 of the New York State Executive Law and to terminate the local emergency;
(b) To request the appropriate sequence of authority to proclaim a “state of emergency” when, in the opinion of the Supervisor, the locally available resources are inadequate to cope with the emergency;
(c) To coordinate the efforts of the Joint Town/Village Emergency Services Organization for the accomplishment of the purposes of this local law;
(d) To direct cooperation between and coordination of services and officers in charge of the Joint Town/Village Emergency Services Organization and resolve questions of authority and responsibility that may arise between them;
(e) To be responsible for civil authority for this Town in all dealings with the public and private agencies on matters pertaining to emergencies as defined herein;
(f) To accept and approve on behalf of and without cost to the Town, and in cooperation with the federal government and the State of New York, licenses or privileges granted for the use of private property for the sole purpose of temporarily sheltering persons and animals as a result of the declared emergency.
(2) In the event of the proclamation of a local state of emergency as herein provided, the proclamation of a “state of emergency” by the Governor, County Executive or the Director of the State Disaster Preparedness Commission, or the existence of a “state of war emergency”, the Town Supervisor is hereby empowered, and it shall be his/her duty:
(a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the declared emergency;
(b) To obtain vital supplies, equipment, and any other properties found lacking and necessary for the protection of life and property and to bind the Town for the fair value thereof;
(c) To require emergency services of any Town officer or employee and, in the event of the proclamation of a “state of emergency” in this Town or the existence of a “state of war emergency,” to command the aid of as many citizens of the community as the Town Supervisor deems necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;
(d) To requisition necessary personnel or material of any Town department or agency;
(e) To enter into agreements with public and private agencies for the performance of any special services and duties as may be necessary in the judgment of the Town Supervisor to carry out the provisions of this local law;
(f) To execute all of his ordinary powers as Town Supervisor, all of the special powers conferred on him by this local law and all powers conferred on him by any other lawful authority.
(g) To delegate any and all authority on matters related to the protection of life and property as affected by the declared emergency.
(3) Any powers granted to the Supervisor, as chairman, within this Section 5 are in addition to any authority under Section 24 of the New York State Executive Law.
(4) Nothing herein shall be deemed as a restraint upon the Mayor of the Village of Millbrook in exercising any authority granted to the Mayor under Section 24 of the New York State Executive Law.
SECTION SIX
POWERS AND DUTIES OF DEPUTY TOWN SUPERVISOR
There is hereby created the position of vice-chairman of Joint Town/Village Emergency Services Organization. The Deputy Town Supervisor shall be the vice-commander of the Joint Town/Village Emergency Services Organization. The vice-chairman, in the absence of or at the direction of the chairman, shall act on his behalf on matters within the purview of this local law.
SECTION SEVEN
POWERS AND DUTIES OF DIRECTOR
There is hereby created the office of director of the Joint Town/Village Emergency Services Organization. The director of emergency services shall be appointed by the Town Supervisor and the Village Mayor.
The director shall be subordinate only to the Town Supervisor and Village Mayor and he/she shall work in close cooperation with the disaster council and with the heads of the several departments of the municipal government and the officers in charge of the emergency services; and under the general supervision of the Town Supervisor and Village Mayor, shall maintain the necessary contacts with the state disaster preparedness commission and the several local disaster councils within the county and state, in order that coordination of the work of the disaster council with the county and state emergency council and other disaster councils may be used. The director shall serve as the compliance consultant to the Joint Town/Village disaster council and shall have other powers and duties as may be jointly assigned by the Town Supervisor and Village Mayor. The director shall be required to participate in training and/or continuing education classes regarding emergency preparedness, emergency planning and activities in a frequency to be determined by the Joint Town/Village Disaster Council. The compensation of the director shall be fixed annually by mutual agreement of the Town of Washington and the Village of Millbrook. The Director shall not be considered an employee of either the Town of Washington or the Village of Millbrook. The position of Director may be filled by one individual, multiple individuals, or the duties of the Director may be fulfilled by the Joint Town/Village Disaster Council or the Joint Town/Village Emergency Services Organization.
SECTION EIGHT
ORGANIZATIONAL PROVISIONS
The emergency functions of the Town/Village emergency services organization shall be set forth in the Joint Emergency Operations Plan of the Town of Washington and the Village of Millbrook. Department heads responsible for planning, coordination, and integration of personnel from other Town and Village departments and agencies into their services for emergency operations shall be designated in the plan. These designated department heads shall formulate functional emergency plans, which, when approved by the disaster council, shall become an annex to the emergency operations plan. These department heads shall also develop such mutual aid plans and agreements as may be approved by the Town of Washington Town Board and Village of Millbrook Board of Trustees. Departments with area-wide functions and responsibilities may become parties to joint venture emergency action agreements or compacts with the recommended approval of the disaster council.
SECTION NINE
PURCHASER OF SUPPLIES.
The purchaser of supplies on behalf of the Town/Village emergency services organization shall be the Town Clerk of the Town of Washington. The Town Clerk will assume the responsibility of the custodian of special equipment and other property obtained from any source for use of the emergency services organization during and after the declared emergency. He/she is hereby authorized to act as the agent of the Town to receive from any agency the loan or use of any equipment or property on conditions that may be prescribed by that agency. He/she shall keep an account of the property entrusted to his control according to the terms of its acceptance, and where there are no terms provided by the agency, then upon the terms as the chairman may prescribe. He/she shall keep records of the receipt and distribution of property and make available when needed. He/she may issue or distribute the property only to the persons entitled thereto under the rules of the emergency services.
SECTION TEN
POLICE AND FIRE CIVIL SUPPORT RESERVES
(1) The Joint Town/Village Police Reserve and the Joint Town/Village Fire Reserve are hereby created. Each civil support reserve unit shall be under the direction of the officer in charge of the Village of Millbrook Police Department and the fire chief of the Village of Millbrook Fire Department, respectively. Each shall be subject to the respective rules and regulations prescribed by the officer in charge or fire chief.
(2) The disaster council shall, by rule, prescribe the qualifications and standards by which applicants for membership in each reserve shall be governed and persons possessing the qualifications and conforming to the standards may be appointed to the reserve by the respective department chief.
(3) Members of the police or fire civilian reserve shall perform any assigned functions as may be ordered by the officer in charge or the fire chief, and it shall be unlawful for any person willfully to resist, delay, or obstruct any member in the discharge, or the attempted discharge, of any duties of his office.
(4) The approved dress, badge, and equipment to be worn and carried by the members shall be as determined by rule of the respective commission, subject to the fiscal provisions of this local law.
(5) It shall be unlawful for any person to impersonate or falsely represent himself to be a member, or, without authorization, to wear, use, or possess a badge used by the police or fire reserve.
(6) The respective chief may dismiss a member from the reserve, without any hearing whatsoever, and each member shall have the right to resign from the reserve at any time.
(7) The Disaster Council is hereby authorized, directed, and empowered to prepare and promulgate any rules, regulations, and revisions that may be necessary to carry out the express intent of this Section Ten.
SECTION ELEVEN
COMPENSATION, IMMUNITIES, AND LOYALTY OATH
All persons, other than officers and employees of the Town or Village, volunteering services pursuant to the provisions of this local law and the emergency plan, shall serve without compensation from the Town. While engaged in the services, they shall have the same immunities as officers and employees of the Town performing similar duties. All volunteers, other than noncitizen volunteers, shall be required to take a loyalty oath in a form to be prescribed and approved by the disaster council, the loyalty oath to be administered to the noncitizen volunteer only on his consent. Current data maintained to provide information for deployment of volunteer workers shall include status of loyalty oath for each worker.
SECTION TWELVE
EXPENDITURES
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the Town.
SECTION THIRTEEN
VIOLATIONS OF LOCAL LAW; PENALTY
It shall be a misdemeanor, punishable by a fine not to exceed FIVE HUNDRED Dollars ($500 ), or by imprisonment not to exceed THREE (3) months, or both, for any person during an emergency to:
(1) Willfully obstruct, hinder, or delay any member of the emergency services in the enforcement of any lawful rule or regulation issued pursuant to this local law, or in the performance of any duty imposed on him by virtue of this local law.
(2) Do any act forbidden by any lawful rule or regulation issued pursuant to this local law, if the act is of such a nature as to give, or be likely to give, assistance to the enemy, or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof.
(3) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.
SECTION FOURTEEN
SEVERABILITY
If any provision of this local law or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications, and to this end the provisions of this local law are declared to be severable.
Section 2. This local law shall take effect immediately upon filing with this state’s Secretary of State.
RESOLVED that the Town Clerk shall file a certified original of this local law in the office of the Town Clerk and one (1) certified copy in the Office of the Secretary of State, State of New York, such certified copy to have attached thereto a certificate executed by the attorney for the Town of Washington that it contains the correct text and that all proper proceedings have been had or taken for the enactment of this local law.
The foregoing resolution was duly put to a vote which resulted as follows:
Supervisor Cifferi __________
Councilman Turletes __________
Councilman Audia __________
Councilwoman Mosca __________
Councilman DeBonis __________
DATED: Millbrook, New York
January 12, 2012
_____________________________
MARY ALEX, Town Clerk
S:\WPDOCS\Washington – 0040\Local Laws\2011\Disaster Preparedness Local Law\Disaster Planning – Resolution of Adoption -edits as of 1.3.12 – w.o track changes.docx
RESOLUTION
Councilman __________________ offered the following resolution, which was seconded by Councilman __________________, who moved its adoption:
WHEREAS, a local law was introduced entitled A LOCAL LAW OF THE TOWN OF WASHINGTON, DUTCHESS COUNTY, NEW YORK TO ESTABLISH: (1) THE JOINT DISASTER PREPAREDNESS COUNCIL OF THE TOWN OF WASHINGTON AND THE VILLAGE OF MILLBROOK; AND (2) THE JOINT EMERGENCY SERVICES ORGANIZATION OF THE TOWN OF WASHINGTON AND THE VILLAGE OF MILLBROOK; and
WHEREAS, a public hearing in relation to said local law was held on December 5, 2011 at 7:00 p.m., Prevailing Time, continued on December 8, 2011 and _______________; and
WHEREAS, notice of said public hearing was given pursuant to the terms and provisions of the Municipal Home Rule Law of the State of New York; and
WHEREAS, said local law has been on the desks of the members of the Town Board of the Town of Washington for at least seven (7) days, exclusive of Sunday;
NOW, THEREFORE, BE IT RESOLVED that the following local law is hereby enacted:
Section 1. Establishment of (1) the Joint Disaster Preparedness Council of the Town of Washington and the Village of Millbrook and (2) the Joint Emergency Services Organization of the Town of Washington and the Village of Millbrook
SECTION ONE
PURPOSES AND DEFINITIONS
The declared purposes of this local law are to provide for: (a) the preparation and execution of plans for the protection of persons and property within the Town of Washington (the “Town”) and the Village of Millbrook (the “Village”) in the event of a declared emergency; (b) the continuity of government services; and (c) the coordination of the emergency functions of the Town and the Village with all other public agencies, corporations, organizations, affected private persons and properties.
As used in this local law, an emergency shall exist when proclaimed by the Town Supervisor. It shall include, but is not limited to, the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this Town and Village caused by fire, flood, storm, epidemic, extensive power outages or earthquake, including conditions resulting from war or imminent threat of war or any actual or threatened enemy attack or sabotage whether within or external.
SECTION TWO
JOINT DISASTER PREPAREDNESS COUNCIL OF THE
TOWN OF WASHINGTON AND THE VILLAGE OF MILLBROOK
The joint Town of Washington and Village of Millbrook Disaster Preparedness Council is hereby created and shall consist of the following members of each jurisdiction: (1) the Town Supervisor of the Town of Washington, who shall be chairman, (2) Deputy Town Supervisor as a vice-chairman, who shall act as chairman in the absence of the Town Supervisor, (3) such additional Town representatives as may be appointed by the Town Supervisor in his/her sole discretion to serve on the council, up to a maximum of three additional Town representatives; (4) the Town Clerk, (5) the Mayor of the Village of Millbrook; (6) the Deputy Mayor of the Village and (7) such additional Village representatives as may be appointed by the Village Mayor in his/her sole discretion to serve on the council, up to a maximum of three additional Village representatives. (hereinafter collectively referred to as “Joint Town/Village Disaster Council”). The Joint Town/Village Disaster Council shall meet as requested by the Town Supervisor.
SECTION THREE
POWER AND DUTIES
The Joint Town/Village Disaster Council is hereby granted the following duties and powers:
(1) To develop a plan for addressing any declared emergency and to prepare and recommend for consideration and adoption by the Town Board and the Village Board of Trustees a combined emergency plan with such local laws, resolutions, rules, and regulations as may be necessary to implement the emergency plan. The plan shall provide for the mobilization of the required and available resources of the community, both public and private;
(2) To develop and recommend for consideration and adoption any new or existing mutual aid plans and agreements and the necessary acts to implement the plans;
By enacting this local law, the Town and Village each hereby agree to follow the rules and regulations established by the State of New York disaster preparedness commission under the provisions of Article 2-B of the New York State Executive Law.
SECTION FOUR
EMERGENCY SERVICES ORGANIZATION
All officers and employees of the Town and Village, together with those individuals who have enrolled as volunteers to aid during an emergency, and all groups, organizations, and persons who may by agreement or by operation of law, including persons impressed into service under the provisions of Section Five, subsection (2) herein, and other persons charged with duties incident to the protection of life and property in the Town and Village during any emergency, shall collectively constitute the “Joint Emergency Services Organization of the Town of Washington and the Village of Millbrook” (referred to as the “Joint Town/Village Emergency Services Organization.”) The structure, organization, duties, and functions of the Joint Town/Village Emergency Services Organization shall be incorporated in an emergency plan recommended by the Joint Village/Town Disaster Council and approved by both the Town of Washington Town Board and the Village of Millbrook Board of Trustees.
SECTION FIVE
POWER AND DUTIES OF THE CHAIRMAN OF THE
JOINT EMERGENCY SERVICES ORGANIZATION OF THE TOWN OF WASHINGTON AND THE VILLAGE OF MILLBROOK.
The Town Supervisor is designated as the chairman of the Joint Town/Village Emergency Services Organization.
(1) As chairman, the Supervisor is hereby empowered:
(a) To proclaim the existence or threatened existence of a “local state of emergency” as set forth under Section 24 of the New York State Executive Law and to terminate the local emergency;
(b) To request the appropriate sequence of authority to proclaim a “state of emergency” when, in the opinion of the Supervisor, the locally available resources are inadequate to cope with the emergency;
(c) To coordinate the efforts of the Joint Town/Village Emergency Services Organization for the accomplishment of the purposes of this local law;
(d) To direct cooperation between and coordination of services and officers in charge of the Joint Town/Village Emergency Services Organization and resolve questions of authority and responsibility that may arise between them;
(e) To be responsible for civil authority for this Town in all dealings with the public and private agencies on matters pertaining to emergencies as defined herein;
(f) To accept and approve on behalf of and without cost to the Town, and in cooperation with the federal government and the State of New York, licenses or privileges granted for the use of private property for the sole purpose of temporarily sheltering persons and animals as a result of the declared emergency.
(2) In the event of the proclamation of a local state of emergency as herein provided, the proclamation of a “state of emergency” by the Governor, County Executive or the Director of the State Disaster Preparedness Commission, or the existence of a “state of war emergency”, the Town Supervisor is hereby empowered, and it shall be his/her duty:
(a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by the declared emergency;
(b) To obtain vital supplies, equipment, and any other properties found lacking and necessary for the protection of life and property and to bind the Town for the fair value thereof;
(c) To require emergency services of any Town officer or employee and, in the event of the proclamation of a “state of emergency” in this Town or the existence of a “state of war emergency,” to command the aid of as many citizens of the community as the Town Supervisor deems necessary in the execution of his duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;
(d) To requisition necessary personnel or material of any Town department or agency;
(e) To enter into agreements with public and private agencies for the performance of any special services and duties as may be necessary in the judgment of the Town Supervisor to carry out the provisions of this local law;
(f) To execute all of his ordinary powers as Town Supervisor, all of the special powers conferred on him by this local law and all powers conferred on him by any other lawful authority.
(g) To delegate any and all authority on matters related to the protection of life and property as affected by the declared emergency.
(3) Any powers granted to the Supervisor, as chairman, within this Section 5 are in addition to any authority under Section 24 of the New York State Executive Law.
(4) Nothing herein shall be deemed as a restraint upon the Mayor of the Village of Millbrook in exercising any authority granted to the Mayor under Section 24 of the New York State Executive Law.
SECTION SIX
POWERS AND DUTIES OF DEPUTY TOWN SUPERVISOR
There is hereby created the position of vice-chairman of Joint Town/Village Emergency Services Organization. The Deputy Town Supervisor shall be the vice-commander of the Joint Town/Village Emergency Services Organization. The vice-chairman, in the absence of or at the direction of the chairman, shall act on his behalf on matters within the purview of this local law.
SECTION SEVEN
POWERS AND DUTIES OF DIRECTOR
There is hereby created the office of director of the Joint Town/Village Emergency Services Organization. The director of emergency services shall be appointed by the Town Supervisor and the Village Mayor.
The director shall be subordinate only to the Town Supervisor and Village Mayor and he/she shall work in close cooperation with the disaster council and with the heads of the several departments of the municipal government and the officers in charge of the emergency services; and under the general supervision of the Town Supervisor and Village Mayor, shall maintain the necessary contacts with the state disaster preparedness commission and the several local disaster councils within the county and state, in order that coordination of the work of the disaster council with the county and state emergency council and other disaster councils may be used. The director shall serve as the compliance consultant to the Joint Town/Village disaster council and shall have other powers and duties as may be jointly assigned by the Town Supervisor and Village Mayor. The director shall be required to participate in training and/or continuing education classes regarding emergency preparedness, emergency planning and activities in a frequency to be determined by the Joint Town/Village Disaster Council. The compensation of the director shall be fixed annually by mutual agreement of the Town of Washington and the Village of Millbrook. The Director shall not be considered an employee of either the Town of Washington or the Village of Millbrook. The position of Director may be filled by one individual, multiple individuals, or the duties of the Director may be fulfilled by the Joint Town/Village Disaster Council or the Joint Town/Village Emergency Services Organization.
SECTION EIGHT
ORGANIZATIONAL PROVISIONS
The emergency functions of the Town/Village emergency services organization shall be set forth in the Joint Emergency Operations Plan of the Town of Washington and the Village of Millbrook. Department heads responsible for planning, coordination, and integration of personnel from other Town and Village departments and agencies into their services for emergency operations shall be designated in the plan. These designated department heads shall formulate functional emergency plans, which, when approved by the disaster council, shall become an annex to the emergency operations plan. These department heads shall also develop such mutual aid plans and agreements as may be approved by the Town of Washington Town Board and Village of Millbrook Board of Trustees. Departments with area-wide functions and responsibilities may become parties to joint venture emergency action agreements or compacts with the recommended approval of the disaster council.
SECTION NINE
PURCHASER OF SUPPLIES.
The purchaser of supplies on behalf of the Town/Village emergency services organization shall be the Town Clerk of the Town of Washington. The Town Clerk will assume the responsibility of the custodian of special equipment and other property obtained from any source for use of the emergency services organization during and after the declared emergency. He/she is hereby authorized to act as the agent of the Town to receive from any agency the loan or use of any equipment or property on conditions that may be prescribed by that agency. He/she shall keep an account of the property entrusted to his control according to the terms of its acceptance, and where there are no terms provided by the agency, then upon the terms as the chairman may prescribe. He/she shall keep records of the receipt and distribution of property and make available when needed. He/she may issue or distribute the property only to the persons entitled thereto under the rules of the emergency services.
SECTION TEN
POLICE AND FIRE CIVIL SUPPORT RESERVES
(1) The Joint Town/Village Police Reserve and the Joint Town/Village Fire Reserve are hereby created. Each civil support reserve unit shall be under the direction of the officer in charge of the Village of Millbrook Police Department and the fire chief of the Village of Millbrook Fire Department, respectively. Each shall be subject to the respective rules and regulations prescribed by the officer in charge or fire chief.
(2) The disaster council shall, by rule, prescribe the qualifications and standards by which applicants for membership in each reserve shall be governed and persons possessing the qualifications and conforming to the standards may be appointed to the reserve by the respective department chief.
(3) Members of the police or fire civilian reserve shall perform any assigned functions as may be ordered by the officer in charge or the fire chief, and it shall be unlawful for any person willfully to resist, delay, or obstruct any member in the discharge, or the attempted discharge, of any duties of his office.
(4) The approved dress, badge, and equipment to be worn and carried by the members shall be as determined by rule of the respective commission, subject to the fiscal provisions of this local law.
(5) It shall be unlawful for any person to impersonate or falsely represent himself to be a member, or, without authorization, to wear, use, or possess a badge used by the police or fire reserve.
(6) The respective chief may dismiss a member from the reserve, without any hearing whatsoever, and each member shall have the right to resign from the reserve at any time.
(7) The Disaster Council is hereby authorized, directed, and empowered to prepare and promulgate any rules, regulations, and revisions that may be necessary to carry out the express intent of this Section Ten.
SECTION ELEVEN
COMPENSATION, IMMUNITIES, AND LOYALTY OATH
All persons, other than officers and employees of the Town or Village, volunteering services pursuant to the provisions of this local law and the emergency plan, shall serve without compensation from the Town. While engaged in the services, they shall have the same immunities as officers and employees of the Town performing similar duties. All volunteers, other than noncitizen volunteers, shall be required to take a loyalty oath in a form to be prescribed and approved by the disaster council, the loyalty oath to be administered to the noncitizen volunteer only on his consent. Current data maintained to provide information for deployment of volunteer workers shall include status of loyalty oath for each worker.
SECTION TWELVE
EXPENDITURES
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the Town.
SECTION THIRTEEN
VIOLATIONS OF LOCAL LAW; PENALTY
It shall be a misdemeanor, punishable by a fine not to exceed FIVE HUNDRED Dollars ($500 ), or by imprisonment not to exceed THREE (3) months, or both, for any person during an emergency to:
(1) Willfully obstruct, hinder, or delay any member of the emergency services in the enforcement of any lawful rule or regulation issued pursuant to this local law, or in the performance of any duty imposed on him by virtue of this local law.
(2) Do any act forbidden by any lawful rule or regulation issued pursuant to this local law, if the act is of such a nature as to give, or be likely to give, assistance to the enemy, or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof.
(3) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.
SECTION FOURTEEN
SEVERABILITY
If any provision of this local law or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications, and to this end the provisions of this local law are declared to be severable.
Section 2. This local law shall take effect immediately upon filing with this state’s Secretary of State.
RESOLVED that the Town Clerk shall file a certified original of this local law in the office of the Town Clerk and one (1) certified copy in the Office of the Secretary of State, State of New York, such certified copy to have attached thereto a certificate executed by the attorney for the Town of Washington that it contains the correct text and that all proper proceedings have been had or taken for the enactment of this local law.
The foregoing resolution was duly put to a vote which resulted as follows:
Supervisor Cifferi __________
Councilman Turletes __________
Councilman Audia __________
Councilwoman Mosca __________
Councilman DeBonis __________
DATED: Millbrook, New York
January 12, 2012
_____________________________
MARY ALEX, Town Clerk
January 6th, 2012