SCHENECTADY COUNTY

APPENDIX 3

TOWN OF BETHLEHEM

DISASTER DECLARATION KIT

(New York State Executive Law Article 2-B)

DECLARING A STATE OF EMERGENCY

EMERGENCY MANAGEMENT OFFICE

445 Delaware Ave. Delmar, New York 12054

518-439-4955

Fax 518-439-1699

David VanLuven John Brennan

Supervisor Director

January 2019

Article 2-B Kit

Table of Contents

Section A Introduction

Section B Log of Document Files

Section C NY State Executive Law Article 2B

Section D What is Article 2-B?

Section E How to declare a State of Emergency

Section F How to issue Local Emergency Orders

Section G How to Rescind a State of Emergency

Section H How to Rescind Local Orders

Section I How to manage Public Information

Section J Definitions

i

Section A Introduction

Table of Contents

I. Purpose A-2

II. How to use this Guide A-3

III. Schedule of Kit Updates A-4

A-1

I. Purpose

Town of Bethlehem officials recognize that our town, along with other

local municipalities, is not immune from threats such as severe winter

storms, tornadoes, and prolonged power outages, hazardous material

accidents, other emergencies and disasters, include terrorism. The

primary responsibility of town government and the other municipal

subdivisions within the town is to protect the health and safety of

the people within its borders.

The time to prepare for emergencies is before they occur and not when

faced with an impending disaster. The Town of Bethlehem Government

recognizes the importance of creating and maintaining a Comprehensive

Emergency Management Plan that is in concert with the emergency plans

of other local, County, State, and Federal governments. This plan

should follow intent of Article 2-B of the New York State Executive

Law.

As a companion to the Town of Bethlehem Comprehensive Emergency

Management Plan, this Article 2-B Kit has been developed to assist

town officials, or their designees, as they respond to and consider

the impact of, a disaster.

This kit specifically explains the Supervisor's responsibilities under

Article 2-B, Section 24, and lists the specific tasks that this Chief

Executive or designee must perform during an emergency.

Town of Bethlehem officials recognize that both this Article 2-B Kit

and the Emergency Management Plan must be reviewed and updated on a

regular basis to insure that the plans provide accurate information

and procedures for protecting the health and safety of the public in

an emergency.

The Albany County Office of Emergency Management has prepared this

kit, in conjunction with the Town of Bethlehem’s Office of Emergency

Management (BEMO) for the guidance of the Town Supervisor and other

town officials.

A-2

II. How to use this Guide

This Article 2-B Kit is designed for use in concert with the Town of

Bethlehem Comprehensive Emergency Management Plan. The BEMO-CEMP Plan

and this Kit should be used side by side and referred to often by the

Supervisor or designee as town officials and public safety agencies

respond to an emergency, disaster or catastrophe. This BEMO-2B Kit

explains the process the Supervisor or designee must follow in

declaring a local State of Emergency and issuing Executive Orders to

the response to the disaster. Emphasis is placed on the directives

laid out by Article 2-B, Section 24, of the New York State Executive

Law.

For a document(s) filing log, turn to Section B.

To reference Article 2-B, turn to Section C.

For an explanation of the law and Section 24, turn to Section D.

To Declare a State of Emergency, turn to Section E.

This section includes a question and answer section about declaring a

State of Emergency, a list of the Supervisor's responsibilities, a

checklist for the Supervisor or town officials, and templates for the

declaration. A computer disc with sample declarations will also be

appended.

To Issue Local Emergency Orders, turn to Section F.

This section includes a question and answer section about issuing

Local Emergency Orders, a list of the Supervisor’s responsibilities,

and a checklist for the Supervisor or town officials, and templates

for several types of Local Emergency Orders. A computer disc with

sample emergency orders will also be appended.

To Rescind a State of Emergency, turn to Section G.

This section includes question and answer section about rescinding a

State of Emergency, a list of the Supervisor's responsibilities, and a

checklist for the Supervisor or town officials, and templates for the

recession. A computer disc with a sample recession order will be

appended.

To Rescind Local Emergency Management Orders, turn to Section H. This

section includes a question and answer section about rescinding Local

Emergency Orders, a list of the Supervisor's responsibilities, and a

checklist for the Supervisor or town officials, and templates for the

recession. A computer disc with a sample recession order will be

appended.

To Manage Public Information during the Emergency, turn to

Section I.

For Definitions of terms used in this Kit turn to section J.

A-3

I. Schedule of Updates

Date: _________ Completed by: ____________________

Date: _________ Completed by: _____________________

A-4

Section B

Document Files Log

Date: ____________________ Date: _____________________

Document: ________________ Document: __________________

__________________________ ____________________________

Location: ________________ Location: __________________

__________________________ ____________________________

Date: ____________________ Date: ______________________

Document: ________________ Document: __________________

__________________________ ____________________________

Location: ________________ Location: __________________

__________________________ ____________________________

Date: ____________________ Date: ______________________

Document: ________________ Document: __________________

__________________________ ____________________________

Location: ________________ Location: __________________

__________________________ ____________________________

Date: ___________________ Date: ______________________

Document: ________________ Document: __________________

__________________________ ____________________________

Location: ________________ Location: __________________

__________________________ ____________________________

B-1

Section C

Article 2-B

New York State Executive Law

The information following on Article 2B is a listing of the

relevant sections. For a complete copy of Article 2B see

Attachment 2 A more current copy of Article 2B may be available

from the New York State Emergency Management Office (SEMO)

web site:

http://www.nysemo.state.ny.us/LEGAL/article2B.html

(For latest version available, user should check web site)

C-1

New York State Consolidated Laws

Executive Law

ARTICLE 2-B

STATE AND LOCAL NATURAL AND MAN-MADE DISASTER PREPAREDNESS

Section 20. Natural and man-made disasters; policy; definitions.

Section 21. Disaster preparedness commission established; meetings;powers and duties.

Section 22. State disaster preparedness plans.

Section 23. Local disaster preparedness plans.

Section 24. Local state of emergency; local emergency orders by chief executive.

Section 25. Use of local government resources in a disaster.

Section 26. Coordination of local disaster preparedness forces and local civil defense forces

in disasters.

Section 27. Continuity of local governments.

Section 28. State declaration of disaster emergency.

Section 28-a. Post disaster recovery planning.

Section 29. Direction of state agency assistance in a disaster emergency.

Section 29-a. Suspension of other laws.

Section 29-b. Use of civil defense forces in disasters.

Section 29-c. Radiological preparedness.

Section 29-d. Reports.

Section 29-e. New York State Emergency Assistance Program

Section 29-g. Emergency Management Assistance Compact

C-2

SECTION D

WHAT IS Article 2-B

TABLE OF CONTENTS

I. The Law Itself D-2

II. Section Twenty-Four D-3

D-1

I. The Law Itself

Article 2-B of the New York State Executive Law is the law that gives

Chief Executives of New York State municipalities the authority to

declare a State of Emergency. It also gives those officials other

extraordinary powers during the course of a disaster.

In the event of a disaster, the local Chief Executive (i.e.. The

Supervisor of the Town of Bethlehem) or designee is authorized under

Article 2-B to declare a local State of Emergency and to issue Local

Emergency Orders to protect life and property to bring the emergency

under control.

The Town Supervisor may declare a local State of Emergency when it is

found that public safety is imperiled by the disaster, catastrophe or

emergency. After declaring a local State of Emergency, the Supervisor

may then issue Local Emergency Orders.

The Chief Executive of the Town of Bethlehem, or designee is the only

individual authorized to make this broad declaration of State of

Emergency. In making the declaration, the Chief Executive is stating

that a serious situation exists, or is imminent, that will affect

public health and safety and may require extraordinary assistance for

effective response and/or recovery.

A declaration is not required for the Town of Bethlehem to receive

state and federal aid. However, such a declaration highlights the need

for assistance and is recommended when the town expects to request

help from other levels of government.

The declaration of a local State of Emergency substantially increases

the powers of the Town supervisor as the Chief Executive Officer. It

also gives greater legal protection and immunities for the Chief

Executive and local emergency officials for the decisions they make

and the actions they take to respond to the disaster.

The declaration also heightens public awareness of the hazards

associated within the disaster. It can also help to emphasize the

protective measures that citizens to should take for their own

protection and safety.

D-2

II. Section 24

Section 24 of Article 2-B of the New York State Executive Law provides

for:

Declaration of State of Emergency

Issuance of Local Emergency Orders

Filing of the Local Emergency Orders

Duration of the Local Emergency Orders

Request for State assistance to the emergency

Points included in Section 24:

In the event of a disaster, rioting, catastrophe or similar

public emergency within the territorial limits of a county, city,

town or village or if danger imminent, and if the Chief Executive

finds that public safety is imperiled the Chief Executive may

declare a local State of Emergency within all part of the

territorial limits of the local government.

Following a declaration of State of Emergency, the Chief

Executive issue Local Emergency Orders to protect life and

property and to bring the emergency situation under control.

For example, Local Emergency Orders may be provided for:

a. Establishment of a curfew and prohibition and control of

pedestrian and vehicular traffic, except essential

emergency.

b. Designation of special zones in which the occupancy use

of buildings, and the ingress and egress of vehicles

persons may be prohibited or regulated.

c. Regulation and closing of places of amusement and

assembly.

d. Suspension or limitation of the sale, dispensing, use or

Transportation of:

-Alcoholic beverages

-Firearms

-Explosives

-Flammable materials and liquids

e. Prohibition and control of the presence of persons on

public streets and places.

f. Establishment or designation of emergency shelters

and/or emergency medical shelters.

D-3

g. Suspension within part or all of the territorial limits

of any of its local laws, ordinances, or regulations that

may prevent, hinder or delay necessary action in coping

with a disaster or recovery there from whenever:

- A request has been made pursuant to subdivision

seven of Section 24D

- The Governor has declared a State Disaster

Emergency

A Local Emergency Order shall be effective from the time and in the

manner prescribed in the order.

The local Emergency Order shall be published as soon as practicable in

a newspaper of general circulation in the area affected by the order,

and transmitted to the radio and television media for broadcast.

Local Emergency Order(s) may be amended, modified or rescinded by the

Chief Executive during the existence of the State of Emergency.

Local Emergency Order(s) shall cease to be in effect five (5) days

after issued or upon declaration by the Chief Executive that the State

of Emergency no longer exists, whichever occurs sooner. The Chief

Executive may extend orders for additional periods not to exceed five

(5) days during the State of Emergency.

Local Emergency Order(s)must be executed in triplicate and filed

within seventy-two (72) hours or as soon thereafter as practicable in

the Office of the Town of Bethlehem Town Clerk, the Office of the

County Clerk and the Office of Secretary of State.

The local government (Town of Bethlehem Town Board) may confer upon

the Supervisor as Chief Executive additional duties or

responsibilities deemed appropriate.

Any person who knowingly violates a Local Emergency Order is guilty

of a Class B Misdemeanor.

Whenever the Chief Executive, declares a State of Emergency, that

Chief Executive may request the County Executive or the Governor to

remove all inmates from institutions.

Whenever a local State of Emergency has been declared, the Chief

Executive of the county may request the Governor to provide assistance

under Section 24 of Article 2-B, provided that the executive

determines that the disaster is beyond the capacity of local

government to meet adequately and that state assistance is needed to

supplement local efforts to save lives and protect property, public

health and safety, or to avert, or lessen the threat of disaster.

D-4

Section E

How to Declare a State of Emergency

Table of Contents

I. Question and Answers:

Declaring a State of Emergency E-2

II. Responsibilities of the Chief Executive E-4

III. Check list for the Chief Executive E-5

IV. Sample Declaration of State of Emergency E-6

V. Filing the Declaration E-7

E-1

I. Questions and Answers:

Declaring a State of Emergency

Why should I declare a Local State of Emergency?

It increases your powers as the Chief Executive Officer.

These new powers can include:

issuing emergency orders;

implementing public protective measures;

suspending local laws; and

requesting supplemental assistance.

Will the declaration help raise public awareness?

Yes. A declaration of a local State of Emergency helps make

the public aware of the hazards associated with a disaster.

It also can emphasize the protective measures you may need

to ask citizens to take.

Can a State of Emergency be declared at any time?

No. A local State of Emergency can be issued when a

situation exists that has or will place the public at risk

and that will require extra-ordinary measures for proper

protection.

When should I declare a local State of Emergency?

You should consider a declaring a State of Emergency when a

dangerous situation is present or imminent and emergency

officials are considering these protective actions:

Evacuation of people for a large or heavily populated

area (street, road, housing development, multi-

resident buildings).

Sheltering people in designated areas or building.

Large-scale closing of roads due to conditions

considered being dangerous to lives and property.

You should also consider declaring a local State of Emergency if

the following conditions are present and pose a dangerous threat

to the municipality:

Riots, civil unrest or large-scale demonstrations.

Hostage situations, impending emergency or disaster caused

by natural forces, (floods, blizzards, earthquakes, ice

storms, hurricane conditions)

E-2

Can I issue the declaration verbally?

Yes. The Supervisor may issue a declaration verbally if

time is a crucial matter. However, you should follow the

verbal declaration with a written declaration.

Must the Declaration be filed?

No. However, it is a good idea to do so. It should be kept

on file at the office of the Town Clerk.

Do I have to extend the declaration of State of Emergency after

five days?

No. The State of Emergency does not have to be extended,

but Local Emergency Orders do.

Does Article 2-B establish a time limit for a State of Emergency?

No. It is best to include a time of duration in the

original declaration of State of Emergency, or to issue a

succeeding declaration with a time limit or a statement

that the State of Emergency is continuing. When the

proclamation is no longer needed, it should be formally

rescinded.

Can I issue Local Emergency Orders without a State of Emergency?

No. A State of Emergency must be declared before you may

issue Local Emergency Orders.

Will a declaration help in getting assistance from the State?

Yes. If you declare a local State of Emergency and you

determine the disaster is beyond the capacity of local and

county resources, you may request the Governor to provide

assistance from state resources.

Must I rescind a declaration of State of Emergency?

No. However, a written rescinding statement should be made

when the emergency no longer exists. The Supervisor can

rescind the declaration of emergency at any time.

E-3

II. Responsibilities of the Supervisor

The Supervisor, or designee must ensure that the following tasks are

completed:

1. Reference is made to Article 2-B of the New York State

Executive Law

2. Only the Supervisor or designee may issue a declaration of

State of Emergency.

3. The declaration may be verbal or written.

4. If it is verbal, it is best to follow it with a written

format.

5. A State of Emergency must be declared BEFORE Local

Emergency Orders are issued.

6. The declaration should include the time and date, the

reason for the declaration, the area involved, and the

duration.

7. The written declaration should be kept on file in the

office of the Town of Bethlehem Town Clerk.

E-4

III. Supervisor’s Check List

For declaring a State of Emergency

1. I have referenced Section 24 of Article 2-B of the New York

State Executive Law

Yes__________ No__________

2. I have declared a local State of Emergency

Yes__________ No__________

3. I have listed the reason for the declaration

Yes__________ No.__________

4. I have included the time and the date of the declaration

Yes__________ No__________

5. I have specified a time limit for the State of Emergency

Yes__________ No__________

6. The County Emergency Management Office has been notified

Yes__________ No__________

7. Local radio and television stations have been notified for

broadcast

Yes__________ No__________

8. The declaration has been provided to local newspapers for

publication

Yes__________ No__________

9. A written copy of the declaration has been filed in the

office of the Town Clerk

Yes__________ No__________

SEE APPENDED COMPUTER DISC FOR A COPY OF THE SUPERVISOR’S CHECK LIST

E-5

IV. Sample Format

Declaration of State of Emergency

A State of Emergency is hereby declared in The Town of Bethlehem

for a period of time beginning at ______ hours on _____________.

(time) (date)

The State of Emergency has been declared due to__________________

_________________________________________________________________

(description of emergency)

These conditions threaten the public safety of the citizens of

The Town of Bethlehem. As __________________________ of

(Title)

I ________________________________, as Supervisor and the Chief

(Name)

Executive Officer, have exercised the authority given to me under

New York State Executive Law Article 2-B, to preserve the public

safety and hereby render all required and available assistance

vital to the security, well being and health of the citizens of

the Town of Bethlehem.

I hereby direct all departments and agencies of the Town of

Bethlehem to take whatever steps necessary to protect life and

property, public infrastructure, and provide such emergency

assistance deemed necessary.

____________________________

(signature)

____________________________

(name)

____________________________

(title)

____________________________

(date)

SEE APPENDED COMPUTER DISC FOR A SAMPLE DECLARATION OF EMERGENCY

E-6

V. FILING THE DECLARATION

A declaration of State of Emergency should be filed in the office

of the Town Clerk in the following manner:

1. The declaration of State of Emergency should be filed

in the office of the Town Clerk.

2. The Town of Bethlehem has determined that a copy of

the declaration of State of Emergency will also be

filed with the Albany County Office of Emergency

Management.

E-7

Section F

How to Issue Local Emergency Orders

Table of Contents

I. Questions and Answers: Local emergency Orders F - 2

II. Responsibilities of the Supervisor F - 3

III. Check list for the Supervisor

IV. Sample Local Emergency Orders F - 6

Controlling Presence of Persons on

Public Streets and Places F - 6

Establishing Curfew F – 7

Prohibiting Sale and Distribution

of Alcoholic Beverages F - 8

Closing Places of Amusement and Assembly F - 9

Regulating the Purchase, Storage etc.

of Flammable Materials F - 10

V. Filing Local Emergency Orders F - 11

F-1

I. Questions and Answers:

Local Emergency Orders

Can anyone issue a local Emergency Order?

No. Only the Chief Executive of a municipality or his/her

Designee may issue a Local Emergency Order.

Can a Local Emergency Order be issued at any time in an

emergency?

No. A Local Emergency Order can be issued only after the

Chief Executive declares a local State of Emergency.

Is it in effect indefinitely?

No. A Local Emergency Order is effective from the time and

in the manner prescribed in the order. It terminates

five (5) days after issuance, or by declaration by the

Chief Executive that the State of emergency no longer

exists, whichever occurs sooner.

Can an order be modified once it is issued?

Yes. A Local Emergency Order may be amended, modified or

rescinded at any time by the Chief Executive during

the State of Emergency.

Can a Local Emergency Order be extended?

Yes. The Chief Executive may extend an order for additional

periods up to five (5) days each during the local

State of Emergency. Each extension must be filed.

Must the media be informed?

Yes. The Local Emergency Order must be published as soon

practicable in a newspaper of general circulation in

the area by the order. It should be published under

the paid legal advertisement section. It must also be

provided to radio and television media for broadcast.

Can a citizen who disobeys emergency orders be arrested?

Yes. Any person who knowingly violates any Local Emergency

Order a Chief Executive issued pursuant to Section 24

of Article 2-B will be guilty of a class B

misdemeanor.

F-2

II. Responsibilities of the Supervisor

The Supervisor, or designee must ensure that the following tasks are

completed:

1. Local Emergency Orders can ONLY be issued AFTER a State of

Emergency is declared.

2. Local Emergency Orders must be issued by the Supervisor.

3. The Local Emergency Orders must be written.

4. The Local Emergency Orders should include the time and

date, the reason for the declaration, the area involved,

and the duration.

5. The Supervisor may extend Local Emergency Orders for

periods not to exceed five (5) days within the declared

State of Emergency.

5. Local Emergency Orders must be published as soon as

practicable in a newspaper of general circulation and

provided to radio and television media for broadcast.

6. Local Emergency Orders must be executed in triplicate and

filed within seventy-two (72) hours or as soon as

practicable in the office of the Town of Bethlehem Town

Clerk, the Office of the County Clerk and the Office of the

Secretary of State

Secretary of State County Clerk

162 Washington Avenue Albany County Courthouse

Albany, NY 12231-0001 Albany, NY 12207

Fax: 518/473-7812 Fax: 518/487-5099

Phone: 518/474-0050 Phone: 518/487-5100

7. Local Emergency Orders must be refilled if they are

extended.

F-3

III. Supervisor's Check List

for Issuing Local Emergency Orders

1. I have declared a local State of Emergency.

Yes__________ No__________

2. The Local Emergency Order includes prescribed restrictions,

specific limitations, and/or suspensions.

Yes__________ No__________

3. The Order was issued by the Chief Executive Official or

authorized designated official.

Yes__________ No__________

Issued by:_____________________________

(Name)

4. The Order includes specific effective times and date.

Yes__________ No__________

5. The Order includes the area involved.

Yes__________ No__________

6. The Local Emergency Order was immediately provided to the

newspaper for publication.

Yes__________ No__________

7. Local radio and television stations were immediately

notified.

Yes__________ No___________

8. The Local Emergency Order was executed in triplicate.

Yes__________ No___________

9. The Local Emergency Order was filed in the Office of the

Town Clerk within seventy-two (72) hours.

Yes__________ No___________

10. The Local Emergency Order was filed in the Office of the

County Clerk within seventy-two (72) hours.

Yes__________ No__________

ALBANY COUNTY CLERK

Albany County Court House

Albany, NY 12207

FAX: 518/477-5099

F-4

11. The Local Emergency Order was filed in the Office of the

Secretary of State within seventy-two (72) hours.

Yes__________ No__________

SECRETARY 0F STATE

162 Washington Avenue

Albany, NY 12231-7182

FAX: 518/473-7812

12. The Local Emergency Order was extended every fifth (5th)

day if necessary and refilled.

Yes__________ No__________

SEE APPENDED COMPUTER DISC FOR A SAMPLE OF THE SUPERVISOR’S CHECK LIST

F-5

IV. Sample Local Emergency Orders

Local Emergency Order Controlling presence of

persons on Public Street and Places.

I, _________________________, _________________________ of

(Name) (title)

Town of Bethlehem, in accordance with a declaration of

State of Emergency issued on ____________________, 200_, and

pursuant to Section 24 of Article 2-b, New York State Executive

Law, hereby declare that the following areas within this

municipality are restricted and all pedestrian and vehicular

movement, standing and parking, is prohibited; except for the

provisions of designated essential services such as fire , police

and hospital services including transportation of patients

thereto, utility emergency repair and emergency calls by

physicians:

1. ________________________________________________

2. ________________________________________________

3. ________________________________________________

4. ________________________________________________

5. ________________________________________________

6. ________________________________________________

7. ________________________________________________

8. ________________________________________________

Said restrictions shall apply until removed by order of the

Supervisor.

Signed this _________________day _____________________, 200___

(date) (month)

at_______________ o'clock, in Delmar, New York

(time)

Signed: ____________________________

Title: ____________________________

Witness: ____________________________

Title: ____________________________

F-6

Local Emergency Orders

Establishing Curfew

I, ______________________________, ___________________________ of

(Name) (title)

Town of Bethlehem, Delmar, New York, in accordance with a

declaration of a State of Emergency executed on the ____ day of

___________________, 200____. And pursuant to Section 24 of Article

(Month)

2-B New York State Executive Law, do hereby declare that a curfew is

established and imposed.

The Curfew will commence at __________ o'clock on the ______ day of

(time)

______________, 200____, until removed by the Supervisor.

During the period of such curfew, all pedestrian and vehicular

traffic, except essential emergency vehicles and personnel, shall be

prohibited from the use of public streets within this municipality

between the hours of _______ and _______.

(time) (time)

Signed this _________ day of ______________, 200_____, at ________

(date) (month) (time)

o'clock in _________________________, New York

(municipality)

Signature: _____________________ Witness: ___________________

Title: _____________________ Title: ___________________

F-7

Local Emergency Order

Prohibiting Sale and Distribution

of Alcoholic Beverages

I, _______________________________, ________________________, of

(Name) (title)

Town of Bethlehem, Delmar, New York, in accordance with a

declaration of a State of emergency executed on the _________ of

(day)

___________________, 200__, and pursuant to Section 24 of Article

(month)

2-B, New York State Executive Law, do hereby order that the sale and

distribution of alcoholic beverages (as defined by Section 3 of the

Alcoholic Beverage Control Law, but not included in patented

medicines) is hereby prohibited within this municipality effective

immediately until the Supervisor rescinds such order.

Signed this ___ day of ________________ 200___, at _______ o’clock

(day) (month) (time)

in _______________________, New York

(municipally)

Signature: ___________________ Witness: ______________________

Title: ___________________ Title: ______________________

F-8

Local Emergency Order

Closing Places of Amusement and Assembly

I, ___________________________, ___________________________ of

(name) (title)

Town of Bethlehem, Delmar, New York, in accordance with

a declaration of a State of Emergency executed on the ____ of

(day)

of __________________, 200___, and pursuant to Section 24 of Article

(month)

2-B New York State Executive Law, do hereby order the closing of all

places of amusement and assembly within this municipality effective

immediately and continuing until further order of the Supervisor.

Signed this _____ day of ______________, 200___, at ________ o’clock

(day) (month)

in _______________________, New York

(municipality)

Signature: ________________________ Witness: ________________________

Title: ___________________ Title: ____________________

F-9

Local Emergency Order

Regulating the Purchase, Storage, Etc.

Of Flammable Materials

I, _____________________________, ___________________________ of

(Name) (title)

Town of Bethlehem, Delmar, New York, in accordance with a

declaration of a State of Emergency executed on the ____ day

(day)

of ___________________, 200____, and pursuant to Section 24 of Article

(month)

2-B New York State Executive Law, do hereby order the prohibition of

the sale or other transfer, with or without consideration, gasoline or

any other flammable or combustible liquid or of any explosive, or the

possession in a public place of any portable container containing

gasoline or any other flammable or combustible liquid except that

delivery into a tank properly affixed to an operable motor driven

vehicle and necessary for the propulsion thereof shall not be

prohibited there under.

Signed this ____ day of _______________, 200__, at ______ o’clock

(day) (month) (time)

in ________________________, New York

(municipality)

Signature: ___________________ Witness: ____________________

Title: ___________________ Title: ____________________

F-10

IV. Filing Local Emergency Orders

Each Local Emergency Order issued after a declaration of a local

State of Emergency must be executed in triplicate and filed in the

following manner:

1. One copy of the Local Emergency Order must be filed in the

office of the Town Clerk.

2. One copy must be filed in the Office of the County Clerk.

3. One copy must be filed in the Office of the Secretary of

State.

4. The Town of Bethlehem has determined that a fourth copy

will be filed with:

Albany County

Office of Emergency Management

75 Remsen Street

Cohoes, New York 12047

518-233-7510

FAX 518-233-7513

SEE APPENDED COMPUTER DISC FOR SAMPLE SPECIAL ORDERS

F-11

Section G

How to Rescind a State of Emergency

Table of Contents

I. Questions and Answers:

Rescinding a State of Emergency G-2

II. Responsibilities of the Supervisor G-3

III. Check list for the Supervisor G-4

IV. Sample Rescission of State of Emergency G-5

V. Filing the Rescission G-6

G-1

I. Questions and Answers:

Rescinding a State of Emergency

Must I rescind a declaration of State of Emergency?

No. However, a formal discontinuation of a State of

Emergency is recommended.

If I don't rescind a State of Emergency, does it end

automatically?

Yes. If a time limit was indicated in the original

declaration of State of Emergency or a subsequent

declaration. If no time limit was specified, the

State of Emergency does NOT end automatically.

When should I rescind a State of Emergency?

You should rescind it when the conditions that

warranted a declaration of State of Emergency no

longer exist.

Must the rescission be issued in writing?

No. However, it is recommended, in the same manner as a

declaration of State of Emergency is recommended to be

issued in written form.

Must the rescission be filed?

No. However, it is recommended that it be filed in the

office of the Town Clerk.

G-2

II. Responsibilities of the Supervisor

The Supervisor, or designee must ensure that the following tasks are

completed:

1. Only the Supervisor may rescind a State of Emergency.

2. A State of Emergency should be formally rescinded when the

declaration of State of Emergency is no longer needed.

3. The rescission may be verbal or written.

4. If it is verbal, it is best to follow it with written

format.

5. The rescission should include the time and date of the

original declaration, the reason for the State of

Emergency, and the time and date the State of Emergency is

rescinded.

6. The written declaration should be kept on file in the

office of the Town of Bethlehem Town Clerk.

G-3

III. Check list for the Supervisor.

1. I have determined that the declaration of Local State of

Emergency is no longer necessary.

Yes__________ No__________

2. The rescinding statement is in written form.

Yes__________ No__________

3. I have included the time and date the declaration of State

of Emergency.

Yes__________ No__________

4. I have included a description of the danger prescribed in

the declaration of a Local State of Emergency.

Yes__________ No__________

5. I have included the time and date of the rescinding order.

Yes__________ No__________

6. The County Emergency Management Office has been notified.

Yes__________ No__________

7. Local newspapers, radio and television stations have been

notifies for publication and broadcast.

Yes__________ No__________

8. The rescinding order has been filed in the Office of

Municipal Clerk.

Yes__________ No__________

SEE APPENDED COMPUTER DISC FOR SUPERVISOR’S CHECKLIST

G-4

IV. Rescission of a State of Emergency

Whereas, on ____ day of _____________, 200____, at _____, o’clock

(day) (month) (time)

I _____________________, ____________________, having determined

(Name) (title)

That there was an imminent threat to life and property associated with

___________________________________________________________________

(Description of danger)

Declared a local State of Emergency in the Town of Bethlehem

pursuant to Section 24 of the New York State Executive Law Article 2-

B, and: Whereas, It appears that the existence of that local emergency

has ceased to exist and protection is no longer essential;

Now, therefore, I, ________________________, _______________________

(name) (title)

pursuant to Section 24 of the New York State Executive Law Article 2-

B, do hereby rescind the existing local State of Emergency effective

________ o’clock on the _____ day of _______________, 200___

(time) (day) (month)

Signature: ______________________ Title: _____________________

Name: ______________________ Date: _____________________

SEE APPENDED COMPUTER DISC FOR SAMPLE RECESSION ORDER

G-5

Section H

How to Rescind Local Emergency Orders

Table of Contents

I. Questions and Answers: Rescinding Local

Emergency orders H-2

II. Responsibilities of the Supervisor H-3

III. Check list for the Supervisor H-4

IV. Sample Rescission of Local Emergency Order H-5

V. Filing the Rescission H-6

H-1

I. Questions and Answers:

Rescinding a Local Emergency Order

Must I rescind a Local Emergency Order?

No. A Local Emergency Order expires five (5) days after it

is issued when a State of Emergency is rescinded,

whichever comes first.

However, it is recommended that a Local Emergency

Order be rescinded formally.

When should I rescind a Local Emergency Order?

A Local Emergency Order should be rescinded when it is

no longer needed.

If I don't rescind it, will it cease automatically?

Yes. A Local Emergency Order ceases five (5) days after it

is issued or when the Chief Executive announces that

the State of Emergency no longer exists.

Must the rescinding order be filed?

No. However, it is a good idea to file it in the office of

the Town of Bethlehem Town Clerk

H-2

II. Responsibilities of the Supervisor

The Supervisor, or designee must ensure that the following tasks are

completed:

1. Only the Supervisor may rescind a Local Emergency Order.

2. A Local Emergency Order should be formally rescinded when

it is no longer needed.

3. The rescission may be verbal or written.

4. If it is verbal, it is best to follow it with a written

format.

5. The rescission should include the time and date of the

original Local Emergency Order, the provision included, and

the time and date the order is rescinded.

6. The written rescinding order should be kept on file in the

Office of the Town Clerk

H-3

III. Rescission Check list for the Supervisor

1. I have determined that the Local Emergency Order in no

longer necessary.

Yes__________ No__________

2. The rescinding statement is in written form.

Yes__________ No__________

3. I have included the time, date and provisions of the Local

Emergency order.

Yes__________ No__________

4. I have included the time and date of the rescinding order.

Yes__________ No__________

5. The County Emergency Management Office has been notified.

Yes__________ No__________

6. Local newspapers, radio and television stations have been

notified.

Yes__________ No__________

7. The rescinding order has been filed in the Office of the

Town Clerk.

Yes__________ No__________

SEE APPENDED COMPUTER DISC FOR SAMPLE SUPERVISOR’S CHECK LIST

H-4

IV. Sample of Local Emergency Order Rescission

Whereas, A State of Emergency was declared on the _____, of

(day)

_____________________, 200___ at ________ o’clock pursuant to Section

(month) (time)

24 of New York State Executive Law Article 2-B due to

______________________________________________________________, and

(description of emergency)

Whereas, at _________________ on ________________, a Local Order

was declared pursuant to Section 24; and Whereas, Due to hazards

associated with the declared emergency, said order was issued

specifically to ________________________________________________

(order coverage)

_______________________________________________________________

and to protect life and property within _________________________,

(municipality)

covered by said State of Emergency and Local Emergency Order;

Now, therefore, I, ________________________, _____________________,

(name) (title)

hereby rescind the said Local Emergency Order effective ____ day of

(day)

________________, 200____.

(month)

Signature: ___________________ Title: ____________________

Name: ___________________ Date: ____________________

A COMPUTER DISC IS APPENDED FOR A SAMPLE ORDER OF RESCESSION

H-5

V. Filing the Rescission

A rescission of a Local Emergency Order is not required to be filed

by the Town. However if filed, it is recommended that the Town file

a declaration in the following manner:

1. The rescission of Local Emergency Order should be filed in

the Office of the Town of Bethlehem Town Clerk.

2. The Town of Bethlehem has determined that a copy of the

rescission of State of Emergency will be filed with the

Albany County Office of Emergency Management.

H-6

Section I

How to Manage

Public Information

Table of Contents

I. Questions and Answers:

Managing Public Information I-2

II. Responsibilities of the Supervisor I-4

III. Check list for the Supervisor I-5

IV. Sample News Release - State of Emergency I-6

V. Sample News Release - Local Emergency Order I-7

I-1

I. Questions and Answers:

Managing Public Information

What constitutes Public Information?

The Public Information aspect of Article 2-B deals with

informing the public about the emergency, declaration of a

State of Emergency, and issuance of Local Emergency Orders,

as well as the rescissions of the State of Emergency and

Local Emergency Orders and related developments.

How is Public Information accomplished?

Public information is accomplished in part by notifying

both broadcast and print media about the emergency,

declaration of State of Emergency, issuance of Local

Emergency Orders, and related development.

When am I required to notify the media?

The Chief Executive Officer or his/her designee must notify

the media when a State of Emergency is declared and when

Local Emergency Orders are issued.

How do I notify the media?

Copies of the declaration of State of Emergency and Local

Emergency Orders may be provided to the media, but it is

best to develop press releases detailing the declarations

and actions taken by emergency planning officials. News

releases should be delivered to local media outlets via

hand-delivery, fax or mail. Telephone notifications may be

made to alert the media that a hard copy of a news release

is being delivered or transmitted or is imminent. You

should consider faxing news releases to media in

neighboring municipalities, as well.

How do I write a news release?

News releases must include the following information:

A contact name (the Chief Executive Officer or

designated spokesperson) and telephone number.

The date the news release is issued.

The time the news release is issued.

The name of the municipality where the emergency

exists.

I-2

The name of the Chief Executive Official issuing the

declaration or order.

The nature of the emergency.

The anticipated duration of the emergency.

The time the declaration of State of Emergency or

Local Emergency Order was issued.

The anticipated duration of the State of Emergency or

Local Emergency Orders.

A description of how the public can get more

information (i.e. "Stay tuned to this station for

further information.").

Any other information the public should know.

Won't the media write their own stories?

Yes. However, news releases that are prepared carefully and

checked for accuracy before they are released helps

document that accurate information is being relayed to the

media and are helpful to the media covering the emergency

What is the best way to ensure the media covers the emergency

accurately?

A spokesperson should be designated in the municipality's

Emergency Operations Procedures. The spokesperson will act

as a liaison between responding officials and the media.

The spokesperson, alone or with a designated staff, will

gather information from the officials, confirm it and

resolve conflicts in the information, and then disseminate

it to the media.

The spokesperson will also relay requests for information

from the media to the officials.

The spokesperson will be the municipality's voice to the

media during the emergency. When the media requests

interviews of certain officials such as the Chief

Executive, the spokesperson will arrange the interviews

whenever possible.

Why is it important to designate a spokesperson?

The designation of a spokesperson will streamline public

information efforts and minimize the chance of conflicting

reports to the media by responding individuals or agencies.

I-3

II. Responsibilities of the Supervisor

The Supervisor, or designee must ensure the following tasks are

completed:

1. A list of local media outlets should be maintained as

part of the Town of Bethlehem Comprehensive Emergency

Management Plan and updated regularly.

2. A single person should be designated as a spokesperson

for the duration of the emergency. If necessary, the

spokesperson should be assigned a staff to help

him/her carry out the public information duties.

3. A news release should be issued when a State of

Emergency is declared or rescinded.

4. A news release should be issued when Local Emergency

Orders are issued or rescinded.

5. Each news release should be faxed or hand-delivered to

local media outlets, or mailed when necessary.

6. Each news release must include the following:

A contact name (the Supervisor or designated

spokesperson) and telephone number.

The date the news release is issued.

The time the news release is issued.

The area within the Town of Bethlehem where the

emergency exists.

The name of the Town of Bethlehem official issuing

the declaration or order.

The nature of the emergency

The anticipated duration of the emergency.

The time the declaration of State of Emergency or

Local Emergency Order was issued.

The anticipated duration of the State of Emergency

or Local Emergency Orders.

A description of how the public can get more

information (i.e.. through the media).

Any other information the public should know.

I-4

III. Check list for the Supervisor

1. A current media list is on file with the municipalities BEMO

Plan.

Yes__________ No_________

2. A spokesperson has been designated.

Yes__________ No__________

Name: __________________ Position: __________________

3. I have declared a State of Emergency.

Yes__________ No__________

4. A news release has been written announcing the State of

Emergency.

Yes__________ No_______

5. The news release has been hand-delivered or faxed to local media.

Yes__________ No__________

6. I have issued Local Emergency Orders.

Yes__________ No__________

7. A news release has been written announcing the Local Emergency

Orders.

Yes__________ No__________

8. The news release has to be hand-delivered or faxed to local

media.

Yes__________ No__________

9. The State of Emergency has been rescinded, or Local Emergency

Orders have been rescinded.

Yes__________ No__________

10. A news release on the rescission has been issued.

Yes__________ No__________

I-5

III. Sample News Release State of Emergency

News Release

Contact: ______________________________

(name of spokesperson)

Date: ______________________________

Time: ______________________________

(time news release is issued)

_____________________________, ____________________________

(Name of Municipality) (Name of Chief Executive)

_____________________________, of the __________________________,

(Title of CEO) (municipality)

__________________.

(time)

The State of Emergency was declared in response to

______________________________________________________________________

(description of emergency)

_____________________________________________________________________.

Officials will continue to monitor the situation and advise the

general public should any actions be necessary.

Please do not call government offices. The public will be kept

informed the broadcast and print media of the cancellation or

continuation of the State of Emergency.

_________________________________ asks for the cooperation of the

(name)

public in this time of emergency.

I-6

V. Sample News Release Local Emergency Order

Contact: __________________________

(name of spokesperson)

Date: __________________________ Time:

_________________________

(time news release issued)

_______________________________ - ____________________________,

Name of Municipality) (Name of Chief Executive Officer)

____________________________ of the ____________________________,

(title of CEO) (municipality)

Having declared a State of Emergency because of ________________

________________________________________________________________,

(description of emergency)

has issued the following Local Emergency Order due to hazards that

place lives and property at risk:

The Local Emergency Order (restricts, closes, prohibits)

________________________________________________________________

The Local Emergency Order will remain in effect until such

emergency conditions have abated.

Please do not call government offices. The public will be kept

informed through the broadcast and print media of the cancellation

or continuation of this State of Emergency.

____________________________________ ask for the cooperation of the

(name)

public in this time of emergency.

I-7

Definitions

Article 2-B:

The section of New York State Executive Law that

establishes the New York State Disaster Preparedness

Commission, gives authority to local governments for

preparing their own Comprehensive Emergency Management

Plans, and empowers local Chief Executives to act during

and emergency.

Chief Executive:

The chief elected official of a municipality - the Mayor

of a city, village; the Supervisor of a town; the County

Executive or the Chairman of the governing body of a

county - or-his/her Designee.

Continuity of Government:

Under Section 27 of Article 2-B, a city, town, county or

village shall by local law provide for its continuity by

designating a line of succession for elective and

appointive officers.

Disaster:

An event that demands a crisis response beyond the scope

of any single line agency or service and that presents a

threat to a community or larger area. A disaster differs

from emergency in that it is controllable within the scope

of the capabilities of local government.

Emergency:

An event that demands a crisis response beyond the scope

of any single line agency or service and that presents a

threat to a community or larger area. An emergency

differs from a disaster in that it is controllable within

the scope of the capabilities of the local government.

Local Emergency Order:

An order issued by the Chief Executive of a municipality

that specifically limits or curtails actions or freedoms

of the population or uses of facilities within a

jurisdiction, in order to protect the health and safety of

the public. It is also known as an Executive Order.

J-1

Rescission:

A State of Emergency or Local Emergency Order: Formal

discontinuation of the Declaration or Order.

Section 24:

The section of Article 2-B of the New York State Executive

Law that grants the Chief Executive of a municipality or

his/her Designee the power to declare a State of Emergency

within his/her jurisdiction and to issue Local Emergency

Orders.

State of Emergency:

A declaration by the Chief Executive official or his/her

Designee of a city, county, town or village in which the

jurisdiction is faced with an emergency or disaster that

endangers the population and/or property of that

jurisdiction and requires extraordinary resources to

adequately respond.

J-2