§ 22 — Local civil defense

New York § 22

• Jurisdiction: New York
• Law DEA: Defense Emergency Act 1951 784/51
• Art. 3: Civil Defense

Text

§ 22. Local civil defense. 1. Every county, except those contained in\nthe city of New York, and every city shall prepare and make effective a\nplan of civil defense conforming to the plan, regulations and orders of\nthe commission. The chief executive officer of each county, including in\ncounties not having an executive the chairman or other presiding officer\nof the legislative body of the county as defined in subdivision seven of\nsection two of the municipal home rule law, and the chief executive\nofficer of each city shall be responsible for developing and making\neffective such plan, and for the execution and implementation of the\nprovisions of this article relating to such county or city, as the case\nmay be, and of the regulations or orders issued by the commission.\nNotwithstanding any other law, to the extent of appropriations available\ntherefor, he may authorize any expenditure necessary to effectuate such\norganization, plan or orders.\n 2. Such chief executive officer shall create an office of civil\ndefense to perform his duties and execute his powers under this section.\nThe head of such office shall be the local director of civil defense.\nThe chief executive officer may be the local director or he may appoint\nand at pleasure remove a local director. Except as otherwise provided by\nsection twenty-seven of this act, a local director heading a county\noffice shall have jurisdiction throughout the territorial limits of the\ncounty for which he is appointed, exclusive of the areas within the\ncities therein, and a local director heading a city office shall have\njurisdiction throughout the territorial limits of the city for which he\nis appointed. The director, if other than the chief executive officer,\nmay be paid a salary by the county or city for which he is appointed\nand, notwithstanding the provisions of section two hundred of the county\nlaw, or of any other law, a county may pay compensation to a member of\nits board of supervisors, other than the chief executive officer, for\nservice as the director of its county office. The director may appoint\nand at pleasure remove deputies, assistants and employees and prescribe\ntheir duties. The salaries of such director, deputies, assistants and\nemployees shall be fixed in the manner generally applicable to the\nfixing of salaries of officers and employees of the county or city, as\nthe case may be. Within the amount of the appropriation therefor and\nsubject to the terms and conditions of such appropriation, such director\nshall have power to hire persons whose services are temporarily required\nto perform the powers and duties granted to or imposed upon the county\nor city by this act.\n A county director may appoint the mayor of a village in the county to\nbe the deputy director for such village and may appoint the supervisor\nof a town in the county to be the deputy director for the portion of the\ntown outside the village or villages therein. In the event such a mayor\nor supervisor declines to serve as such deputy, the county director may\nappoint a person residing in the village or town, as the case may be, to\nserve as the deputy director therefor. Such a deputy director, if other\nthan the mayor or supervisor, may receive a salary for his service as\nsuch and, if the county does not pay a salary to him, the village or\ntown for which he is appointed may do so. A village or town may pay\nsalaries to persons employed in the office of such a deputy and the\nexpenses of such office in the event the county does not do so.\n With the approval of the governing bodies of a town and of one or more\nvillages therein, a county director may appoint a person to be the\ndeputy director for such village or villages and the portion of such\ntown, outside the other village or villages therein. Such deputy\ndirector, if not the supervisor of the town or the mayor of a village,\nmay receive a salary for his services as such and, if the county does\nnot provide a salary for him, the town may do so. Such town may pay\nsalaries to the persons employed in the office of such deputy and the\nexpenses of such office in the event the county does not do so.\n 3. The chief executive officer of every county outside of the city of\nNew York and of every city, town or village shall by order direct the\nperformance by agencies and public officers of such county, city, town\nor village as the case may be, of specific duties to execute and\nimplement the provisions of this article and the plan, regulations or\norders of the commission and council, relating to the political\nsubdivision. Such order shall be consistent with and shall conform to\nthe plan, regulations or orders of the commission and council and those\nof the local office of civil defense.\n 4. To execute the purposes of this article the local director shall\nhave the following powers and duties:\n a. To require reports from agencies and public officers of the county\nor city at such times and in the form prescribed by him.\n b. To remove any member of any volunteer agency for incompetence,\nmisconduct, neglect of duty, disloyalty or subversive activity.\n c. To adopt, amend and rescind regulations consistent with and\nnecessary to execute and implement the provisions of this article\nrelating to counties and cities and the plans, regulations and orders of\nthe commission; such regulations shall, when filed with the commission,\nand the clerk of the county or city, as the case may be, have the force\nand effect of law.\n d. Report to the commission and the local legislative body of the\ncounty or city, as the case may be, at least once a year and whenever\nsuch report is requested by such body.\n