Prior to the storm the governor askes: 1. Can the Nassau county ...

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Prior to the storm the governor askes:

1. Can the Nassau county executive declare a state of emergency

2. Does the county executive have the authority to over rule the mayor of long Beach by declaring a state of emergency that covers the incorporated city of Long Beach.

3. What can the governor do to help

4. Can the governor take control over the emergency operation in Long Beach

5. Can the governor declare a state of emergency in Long Beach prior to the storm

6. What powers would the governor have if he declared a state of emergency in Long Beach? Could he force the evaluation of nursing homes? Of other areas?

7. Can the Nassau county Police operate the road block? Can the governor, in a state or emergency assist in the roadblock efforts? Or instruct that the road block be dismantled?

8. Can the Parker's file a writ of habious corpus for their immediate release from jail on the grounds that the road block was illegal and that the seizure of the car, guns and drugs was also illegal?

9. Can the American civil liberties union file an injunction to stop these roadblocks? What are the issues to be considered in such a case.

During the storm the governor askes

1. What can he do to assist the people in the collapsing nursing home (if the can be accessed)

2. What can he do to assist the people in the West end of Long Beach who's homes are flooded and/or destroyed.


After the storm the governor askes you

1. Can the residents in the West end of Long Beach remain in their homes if the county and city of Long Beach want to demolish the homes? Assume that the city and county officials agree that the bulk of the homes are unsafe. Assume that the counties declaration of a state of emergency expires after 5 days. Can the county still tear down the homes? Should the county have to extend the state of emergency in order to tear down the homes? If so, how should the county executive do so?

2. If the family of the nursing home residents who died during the storm bring a lawsuit alleging negligence and wrongful death against the mayor of long Beach, will such a lawsuit be successful? Are the mayor and city of long Beach immune from such a lawsuit? What would determine wheather they are immune from liability or whether a lawsuit can go forward?

After the storm the state health commissioner ask the governor, and the governor askes you

1. Can the state health department or the commissioner of health of Nassau county order a quarantine of the city of long Beach? What can either commissioner of health do about people who refuse to stay in their homes?

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Questions

A. Prior to the storm the governor asks:
1. Can the Nassau county executive declare a state of emergency?
Yes. As provided in Article 2B of the State Executive Law, section 24 gives the Local Chief Executive and emergency Managers at the state level the authority to declare a “local state of emergency” in response to a disaster. The local state of emergency may cover all or any part of the chief executive’s jurisdiction. Also, it is important to note that Article 2B states that the local chief executive means county executive, city mayor, village mayor or town executive.

2. Does the county executive have the authority to overrule the mayor of long Beach by declaring a state of emergency that covers the incorporated city of Long Beach?
The county chief executive, as provided in Article 2B, has the power to declare a state of emergency if it determines that the situation may have some significant impacts that affect the county and its resources. This state of emergency can include any portion of the county, including part of or all of any town, village, or city, even in cases where the town or city has been incorporated....

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