Q&A
Use of emergency executive orders by the mayor
0:17:21
·
3 min
Speaker Adams and Goode-Trufant discuss the use of emergency executive orders by the mayor, including the legal requirements, limitations, and recent applications. Goode-Trufant explains the conditions under which such orders can be issued and defends their recent use.
- Goode-Trufant outlines the legal requirements for emergency executive orders, including safeguarding public welfare and minimal deviation from existing laws
- The discussion touches on the balance between emergency response and regular legislative processes
- Goode-Trufant affirms that recent emergency orders (within the past 6 months) were necessary and followed state law requirements
- The exchange highlights the tension between executive power and legislative authority in emergency situations
Adrienne E. Adams
0:17:21
Pursuant to section 24 of the New York state executive law, the mayor may issue an emergency executive order to suspend a local law.
0:17:31
Do you believe the use of this power must be rare, narrowly tailored, limited in time span, and that such power should never be used when the disaster in question could be resolved using the day to day tools of city government, I e rule making or legislation.
Muriel Goode-Trufant
0:17:50
State law requires that when the mayor exercises emergency authority to suspend a law or regulation, the suspension must meet a number of conditions.
0:18:02
1, the suspension must safeguard the health and welfare of the public.
0:18:08
2, it must be reasonably necessary and 3, the suspension should provide for the minimum deviation from the law or rule deemed necessary.
0:18:20
State law also provides that emergency suspensions must expire after 5 days unless they are renewed based on the relevant facts and circumstances.
0:18:32
Rule making and legislation can also address the impact of an emergency or be instrumental in preparing for an emergency, but when an emergency occurs there will often be a need for an immediate response that doesn't allow for the usual legislative or rule making processes.
0:18:55
That said, all parts of the city government working together have succeeded in getting us through severe weather disasters, 9 11, the devastating pandemic and other emergencies.
0:19:10
I take seriously our role in advising all our clients about the tools our state laws provide for emergency response.
Adrienne E. Adams
0:19:20
In your estimation, in the past, let's say, 6 months, have the executive orders that are issued, do they follow those requirements that you just stated?
Muriel Goode-Trufant
0:19:32
Yes.
Adrienne E. Adams
0:19:43
Is it your estimation then that the mayor should usurp legislative powers during emergencies?
Muriel Goode-Trufant
0:19:54
It depends on what type of emergencies, and and what the emergency requires.
Adrienne E. Adams
0:20:01
Okay.
0:20:02
That goes back to my former question then.
0:20:04
So in your estimation, do you feel that, executive powers that were used, executive orders that were used in the past 6 months follow those requirements and that the mayor has not usurped legislative powers?
Muriel Goode-Trufant
0:20:26
I think that the emergency orders issued within the past 6 months were necessary under the state law requirements.
