N.Y. Executive Law § 25: Use of local government resources in a disaster

§ 25. Use of local government resources in a disaster. 1. Upon the

threat or occurrence of a disaster, the chief executive of any political

subdivision is hereby authorized and empowered to and shall use any and

all facilities, equipment, supplies, personnel and other resources of

his political subdivision in such manner as may be necessary or

appropriate to cope with the disaster or any emergency resulting

therefrom.

2. Upon the threat or occurrence of a disaster, a chief executive may

request and accept assistance which is coordinated and directed by the

county chief executive as provided in section twenty-six of this

article.

3. A chief executive may also request and accept assistance from any

other political subdivision and may receive therefrom and utilize any

real or personal property or the service of any personnel thereof on

such terms and conditions as may be mutually agreed to by the chief

executives of the requesting and assisting political subdivisions.

4. Upon the receipt of a request for assistance made pursuant to

subdivision two or three of this section, the chief executive of any

political subdivision may give, lend or lease, on such terms and

conditions as he may deem necessary to promote the public welfare and

protect the interests of such political subdivision, any services,

equipment, facilities, supplies or other resources of his political

subdivision. Any lease or loan of real or personal property pursuant to

this subdivision, or any transfer of personnel pursuant hereto, shall be

only for the purpose of assisting a political subdivision in emergency

relief, reconstruction, or rehabilitation made necessary by the

disaster.

5. A political subdivision shall not be liable for any claim based

upon the exercise or performance or the failure to exercise or perform a

discretionary function or duty on the part of any officer or employee in

carrying out the provisions of this section.

6. The chief executive, when requesting assistance pursuant to this

section may request assistance from the civil defense and disaster

preparedness forces of any other political subdivision, but only if the

civil defense and disaster preparedness forces of the type being

requested have already been activated within the political subdivisions

requesting assistance. The chief executive of any political subdivision

receiving such a request is hereby authorized and empowered, subject to

the provisions of section twenty-six of this article, to respond

thereto.

7. Any power or authority conferred upon any political subdivision by

this section shall be in addition to and not in substitution for or

limitation of any powers or authority otherwise vested in such

subdivision or any officer thereof.