N.Y. Defense Emergency Act 1951 Law § 22

Current through 2024 NY Law Chapter 553
Section 22 - Local civil defense
1.Every county, except those contained in the city of New York, and every city shall prepare and make effective a plan of civil defense conforming to the plan, regulations and orders of the commission. The chief executive officer of each county, including in counties not having an executive the chairman or other presiding officer of the legislative body of the county as defined in subdivision seven of section two of the municipal home rule law, and the chief executive officer of each city shall be responsible for developing and making effective such plan, and for the execution and implementation of the provisions of this article relating to such county or city, as the case may be, and of the regulations or orders issued by the commission. Notwithstanding any other law, to the extent of appropriations available therefor, he may authorize any expenditure necessary to effectuate such organization, plan or orders.
2.Such chief executive officer shall create an office of civil defense to perform his duties and execute his powers under this section. The head of such office shall be the local director of civil defense. The chief executive officer may be the local director or he may appoint and at pleasure remove a local director. Except as otherwise provided by section twenty-seven of this act, a local director heading a county office shall have jurisdiction throughout the territorial limits of the county for which he is appointed, exclusive of the areas within the cities therein, and a local director heading a city office shall have jurisdiction throughout the territorial limits of the city for which he is appointed. The director, if other than the chief executive officer, may be paid a salary by the county or city for which he is appointed and, notwithstanding the provisions of section two hundred of the county law, or of any other law, a county may pay compensation to a member of its board of supervisors, other than the chief executive officer, for service as the director of its county office. The director may appoint and at pleasure remove deputies, assistants and employees and prescribe their duties. The salaries of such director, deputies, assistants and employees shall be fixed in the manner generally applicable to the fixing of salaries of officers and employees of the county or city, as the case may be. Within the amount of the appropriation therefor and subject to the terms and conditions of such appropriation, such director shall have power to hire persons whose services are temporarily required to perform the powers and duties granted to or imposed upon the county or city by this act.

A county director may appoint the mayor of a village in the county to be the deputy director for such village and may appoint the supervisor of a town in the county to be the deputy director for the portion of the town outside the village or villages therein. In the event such a mayor or supervisor declines to serve as such deputy, the county director may appoint a person residing in the village or town, as the case may be, to serve as the deputy director therefor. Such a deputy director, if other than the mayor or supervisor, may receive a salary for his service as such and, if the county does not pay a salary to him, the village or town for which he is appointed may do so. A village or town may pay salaries to persons employed in the office of such a deputy and the expenses of such office in the event the county does not do so.

With the approval of the governing bodies of a town and of one or more villages therein, a county director may appoint a person to be the deputy director for such village or villages and the portion of such town, outside the other village or villages therein. Such deputy director, if not the supervisor of the town or the mayor of a village, may receive a salary for his services as such and, if the county does not provide a salary for him, the town may do so. Such town may pay salaries to the persons employed in the office of such deputy and the expenses of such office in the event the county does not do so.

3.The chief executive officer of every county outside of the city of New York and of every city, town or village shall by order direct the performance by agencies and public officers of such county, city, town or village as the case may be, of specific duties to execute and implement the provisions of this article and the plan, regulations or orders of the commission and council, relating to the political subdivision. Such order shall be consistent with and shall conform to the plan, regulations or orders of the commission and council and those of the local office of civil defense.
4.To execute the purposes of this article the local director shall have the following powers and duties:
a.To require reports from agencies and public officers of the county or city at such times and in the form prescribed by him.
b.To remove any member of any volunteer agency for incompetence, misconduct, neglect of duty, disloyalty or subversive activity.
c.To adopt, amend and rescind regulations consistent with and necessary to execute and implement the provisions of this article relating to counties and cities and the plans, regulations and orders of the commission; such regulations shall, when filed with the commission, and the clerk of the county or city, as the case may be, have the force and effect of law.
d.Report to the commission and the local legislative body of the county or city, as the case may be, at least once a year and whenever such report is requested by such body.

N.Y. Defense Emergency Act 1951 Law § 22