§ 29-B — Use of disaster emergency response personnel in disasters

§ 29-b. Use of disaster emergency response personnel in disasters. 1.\nThe governor may, in his or her discretion, direct the state disaster\npreparedness commission to conduct an emergency exercise or drill, under\nits direction, in which all or any of the personnel and resources of the\nagencies of the commission of the state may be utilized to perform the\nduties assigned to them in a disaster, for the purpose of protecting and\npreserving human life or property in a disaster. During a disaster or\nsuch drill or exercise, disaster emergency response personnel in the\nstate shall operate under the direction and command of the chair of such\ncommission, and shall possess the same powers, duties, rights,\nprivileges and immunities as are applicable in a civil defense drill\nheld at the direction of the state civil defense commission under the\nprovisions of the New York state defense emergency act.\n 2. Local use of disaster emergency response personnel. a. Upon the\nthreat or occurrence of a disaster, and during and immediately following\nthe same, and except as otherwise provided in paragraph d of this\nsubdivision, the county chief executive may direct the emergency\nmanagement director of a county to assist in the protection and\npreservation of human life or property by calling upon disaster\nemergency response personnel employed by or supporting that county, as\nspecified in the county comprehensive emergency management plan, to\nperform the emergency response duties assigned to them.\n b. The disaster emergency response personnel of the county shall be\nregarded as a reserve disaster force to be activated, in whole or in\npart, by the county emergency management director upon the direction of\nthe county chief executive when the county chief executive, in his or\nher discretion, is convinced that the personnel and resources of local\nmunicipal and private agencies normally available for disaster\nassistance are insufficient adequately to cope with the disaster.\n c. Except as provided in paragraph d of this subdivision, the county\nchief executive may exercise the power conferred upon him in paragraph a\nof this subdivision, or may deactivate the disaster emergency response\npersonnel of the county in whole or in part, on his own motion or upon\nthe request of the chief executive officer of a village, town or city\nlocated within the county of which he is an officer.\n d. Where the local office of public safety or emergency management in\na city is independent of the county office of public safety or emergency\nmanagement and is not consolidated therewith, the county chief executive\nmay direct the emergency management director of the county to render\nassistance within such city only when the chief executive officer of\nsuch city has certified to him that the disaster emergency response\npersonnel of the city have been activated pursuant to the provisions of\nsubdivision three of this section and that all resources available\nlocally are insufficient adequately to cope with the disaster.\n e. When performing disaster assistance pursuant to this section,\ncounty disaster emergency response personnel shall operate under the\ndirection and command of the county emergency management director and\nhis or her duly authorized deputies, and shall possess the same powers,\nduties, rights, privileges and immunities they would possess when\nperforming their duties in a locally sponsored civil defense drill or\ntraining exercise in the civil or political subdivision in which they\nare enrolled, employed or assigned emergency response responsibilities.\n f. The chief executive officer of a city shall be responsible for the\nconduct of disaster operations within the city, including the operations\ndirected by the county emergency management director when rendering\ndisaster assistance within a city pursuant to this section.\n g. Outside of a city, the sheriff of the county, and in Nassau county\nthe commissioner of police of the county of Nassau, shall supervise the\noperations of the emergency management director when rendering peace\nofficer duties incident to disaster assistance. The sheriff and such\ncommissioner may delegate such supervisory power to an elected or\nappointed town or village official in the area affected.\n h. Neither the chief executive officer of a city, nor the county chief\nexecutive, nor any elected or appointed town or village official to whom\nthe county chief executive has delegated supervisory power as aforesaid\nshall be held responsible for acts or omissions of disaster emergency\nresponse personnel when performing disaster assistance.\n 3. City use of disaster emergency response personnel. a. Upon the\nthreat or occurrence of a disaster, and during and immediately following\nthe same, and except as otherwise provided in paragraph d of this\nsubdivision, the chief executive of a city may direct the emergency\nmanagement director of the city to assist in the protection and\npreservation of human life or property by calling upon city disaster\nemergency response personnel to perform the emergency response duties\nassigned to them.\n b. The disaster emergency response personnel of the city shall be\nregarded as a reserve disaster force to be activated, in whole or in\npart, by the city emergency management director upon the direction of\nthe chief executive officer of the city when the latter, in his or her\ndiscretion, is convinced that the personnel and resources of local\nmunicipal and private agencies normally available for disaster\nassistance are insufficient adequately to cope with the disaster.\n c. Except as provided in paragraph d of this subdivision, the chief\nexecutive officer of a city may exercise the power conferred upon him in\nparagraph a of this subdivision, or may deactivate the disaster\nemergency response personnel of the city in whole or in part, on his own\nmotion or upon the request of the head of the city police force.\n d. Where the local office of emergency management in a city is under\nthe jurisdiction of a consolidated county office of civil defense as\nprovided in the New York state defense emergency act, the chief\nexecutive officer of such city seeking the assistance of disaster\nemergency response personnel in the protection and preservation of human\nlife or property within such city because of such disaster, must request\nthe same from the county chief executive in which such city is located,\nin the same manner as provided for assistance to towns and villages in\nsubdivision two of this section.\n e. When performing disaster assistance pursuant to this subdivision,\ndisaster emergency response personnel shall operate under the direction\nand command of the city emergency management director and his or her\nduly authorized deputies, and shall possess the same powers, duties,\nrights, privileges, and immunities they would possess when performing\ntheir duties in a locally sponsored civil defense drill or training\nexercise in the city in which they are enrolled, employed or assigned\nemergency response responsibilities.\n f. Where the city disaster emergency response personnel have been\ndirected to assist in local disaster operations pursuant to paragraph a\nof this subdivision, and the chief executive officer of the city is\nconvinced that the personnel and resources of local municipal and\nprivate agencies normally available for disaster assistance, including\nlocal disaster emergency response personnel, are insufficient adequately\nto cope with the disaster, he or she may certify the fact to the county\nchief executive and request the county chief executive to direct the\ncounty emergency management director to render assistance in the city,\nas provided in subdivision two of this section.\n g. The chief executive officer of a city shall be responsible for the\nconduct of disaster operations within the city, including the operations\ndirected by the county emergency management director, when rendering\ndisaster assistance within a city pursuant to this subdivision.\n h. Neither the chief executive officer of a city, nor the county chief\nexecutive, shall be held responsible for acts or omissions of disaster\nemergency response personnel when performing disaster assistance.\n