N.Y. Executive Law § 29-b: Use of disaster emergency response personnel in disasters

§ 29-b. Use of disaster emergency response personnel in disasters. 1.

State use of disaster emergency response personnel and non-state

resource providers. a. The governor may, in their discretion, direct the

state disaster preparedness commission to conduct an emergency exercise

or drill, under its direction, in which all or any of the personnel and

resources of the agencies of the commission of the state may be utilized

to perform the duties assigned to them in a disaster, for the purpose of

protecting and preserving human life or property in a disaster. During a

disaster or such drill or exercise, disaster emergency response

personnel in the state shall operate under the direction and command of

the chair of such commission, and shall possess the same powers, duties,

rights, privileges and immunities as are applicable in a civil defense

drill held at the direction of the state civil defense commission under

the provisions of the New York state defense emergency act.

b. The governor may deploy non-state resource providers to another

compact member jurisdiction under any compact in this article. When

authorized to provide assistance and deployed by the legally designated

state official or officials, non-state resource providers shall be

deemed agents of the state for purposes of the deployment and shall be

entitled to the rights and benefits provided to state resource providers

by the compact, subject to any terms and conditions of the requesting

state. Non-state resource providers shall not offer assistance to, or

request assistance from, another compact member jurisdiction. The

division of homeland security and emergency services shall serve as the

coordinator for offers and requests for assistance and facilitator of

the reimbursement of non-state resource providers by the requesting

state. The division of homeland security and emergency services shall

not be responsible for reimbursement until the division receives payment

from the requesting compact member jurisdiction.

2. Local use of disaster emergency response personnel. a. Upon the

threat or occurrence of a disaster, and during and immediately following

the same, and except as otherwise provided in paragraph d of this

subdivision, the county chief executive may direct the emergency

management director of a county to assist in the protection and

preservation of human life or property by calling upon disaster

emergency response personnel employed by or supporting that county, as

specified in the county comprehensive emergency management plan, to

perform the emergency response duties assigned to them.

b. The disaster emergency response personnel of the county shall be

regarded as a reserve disaster force to be activated, in whole or in

part, by the county emergency management director upon the direction of

the county chief executive when the county chief executive, in his or

her discretion, is convinced that the personnel and resources of local

municipal and private agencies normally available for disaster

assistance are insufficient adequately to cope with the disaster.

c. Except as provided in paragraph d of this subdivision, the county

chief executive may exercise the power conferred upon him in paragraph a

of this subdivision, or may deactivate the disaster emergency response

personnel of the county in whole or in part, on his own motion or upon

the request of the chief executive officer of a village, town or city

located within the county of which he is an officer.

d. Where the local office of public safety or emergency management in

a city is independent of the county office of public safety or emergency

management and is not consolidated therewith, the county chief executive

may direct the emergency management director of the county to render

assistance within such city only when the chief executive officer of

such city has certified to him that the disaster emergency response

personnel of the city have been activated pursuant to the provisions of

subdivision three of this section and that all resources available

locally are insufficient adequately to cope with the disaster.

e. When performing disaster assistance pursuant to this section,

county disaster emergency response personnel shall operate under the

direction and command of the county emergency management director and

his or her duly authorized deputies, and shall possess the same powers,

duties, rights, privileges and immunities they would possess when

performing their duties in a locally sponsored civil defense drill or

training exercise in the civil or political subdivision in which they

are enrolled, employed or assigned emergency response responsibilities.

f. The chief executive officer of a city shall be responsible for the

conduct of disaster operations within the city, including the operations

directed by the county emergency management director when rendering

disaster assistance within a city pursuant to this section.

g. Outside of a city, the sheriff of the county, and in Nassau county

the commissioner of police of the county of Nassau, shall supervise the

operations of the emergency management director when rendering peace

officer duties incident to disaster assistance. The sheriff and such

commissioner may delegate such supervisory power to an elected or

appointed town or village official in the area affected.

h. Neither the chief executive officer of a city, nor the county chief

executive, nor any elected or appointed town or village official to whom

the county chief executive has delegated supervisory power as aforesaid

shall be held responsible for acts or omissions of disaster emergency

response personnel when performing disaster assistance.

3. City use of disaster emergency response personnel. a. Upon the

threat or occurrence of a disaster, and during and immediately following

the same, and except as otherwise provided in paragraph d of this

subdivision, the chief executive of a city may direct the emergency

management director of the city to assist in the protection and

preservation of human life or property by calling upon city disaster

emergency response personnel to perform the emergency response duties

assigned to them.

b. The disaster emergency response personnel of the city shall be

regarded as a reserve disaster force to be activated, in whole or in

part, by the city emergency management director upon the direction of

the chief executive officer of the city when the latter, in his or her

discretion, is convinced that the personnel and resources of local

municipal and private agencies normally available for disaster

assistance are insufficient adequately to cope with the disaster.

c. Except as provided in paragraph d of this subdivision, the chief

executive officer of a city may exercise the power conferred upon him in

paragraph a of this subdivision, or may deactivate the disaster

emergency response personnel of the city in whole or in part, on his own

motion or upon the request of the head of the city police force.

d. Where the local office of emergency management in a city is under

the jurisdiction of a consolidated county office of civil defense as

provided in the New York state defense emergency act, the chief

executive officer of such city seeking the assistance of disaster

emergency response personnel in the protection and preservation of human

life or property within such city because of such disaster, must request

the same from the county chief executive in which such city is located,

in the same manner as provided for assistance to towns and villages in

subdivision two of this section.

e. When performing disaster assistance pursuant to this subdivision,

disaster emergency response personnel shall operate under the direction

and command of the city emergency management director and his or her

duly authorized deputies, and shall possess the same powers, duties,

rights, privileges, and immunities they would possess when performing

their duties in a locally sponsored civil defense drill or training

exercise in the city in which they are enrolled, employed or assigned

emergency response responsibilities.

f. Where the city disaster emergency response personnel have been

directed to assist in local disaster operations pursuant to paragraph a

of this subdivision, and the chief executive officer of the city is

convinced that the personnel and resources of local municipal and

private agencies normally available for disaster assistance, including

local disaster emergency response personnel, are insufficient adequately

to cope with the disaster, he or she may certify the fact to the county

chief executive and request the county chief executive to direct the

county emergency management director to render assistance in the city,

as provided in subdivision two of this section.

g. The chief executive officer of a city shall be responsible for the

conduct of disaster operations within the city, including the operations

directed by the county emergency management director, when rendering

disaster assistance within a city pursuant to this subdivision.

h. Neither the chief executive officer of a city, nor the county chief

executive, shall be held responsible for acts or omissions of disaster

emergency response personnel when performing disaster assistance.