§ 25 — Use of local government resources in a disaster

New York § 25

• Jurisdiction: New York
• Law EXC: Executive
• Art. 2-B: State and Local Natural and Man-made Disaster Preparedness

Text

§ 25. Use of local government resources in a disaster. 1. Upon the\nthreat or occurrence of a disaster, the chief executive of any political\nsubdivision is hereby authorized and empowered to and shall use any and\nall facilities, equipment, supplies, personnel and other resources of\nhis political subdivision in such manner as may be necessary or\nappropriate to cope with the disaster or any emergency resulting\ntherefrom.\n 2. Upon the threat or occurrence of a disaster, a chief executive may\nrequest and accept assistance which is coordinated and directed by the\ncounty chief executive as provided in section twenty-six of this\narticle.\n 3. A chief executive may also request and accept assistance from any\nother political subdivision and may receive therefrom and utilize any\nreal or personal property or the service of any personnel thereof on\nsuch terms and conditions as may be mutually agreed to by the chief\nexecutives of the requesting and assisting political subdivisions.\n 4. Upon the receipt of a request for assistance made pursuant to\nsubdivision two or three of this section, the chief executive of any\npolitical subdivision may give, lend or lease, on such terms and\nconditions as he may deem necessary to promote the public welfare and\nprotect the interests of such political subdivision, any services,\nequipment, facilities, supplies or other resources of his political\nsubdivision. Any lease or loan of real or personal property pursuant to\nthis subdivision, or any transfer of personnel pursuant hereto, shall be\nonly for the purpose of assisting a political subdivision in emergency\nrelief, reconstruction, or rehabilitation made necessary by the\ndisaster.\n 5. A political subdivision shall not be liable for any claim based\nupon the exercise or performance or the failure to exercise or perform a\ndiscretionary function or duty on the part of any officer or employee in\ncarrying out the provisions of this section.\n 6. The chief executive, when requesting assistance pursuant to this\nsection may request assistance from the civil defense and disaster\npreparedness forces of any other political subdivision, but only if the\ncivil defense and disaster preparedness forces of the type being\nrequested have already been activated within the political subdivisions\nrequesting assistance. The chief executive of any political subdivision\nreceiving such a request is hereby authorized and empowered, subject to\nthe provisions of section twenty-six of this article, to respond\nthereto.\n 7. Any power or authority conferred upon any political subdivision by\nthis section shall be in addition to and not in substitution for or\nlimitation of any powers or authority otherwise vested in such\nsubdivision or any officer thereof.\n