§ 27 — Consolidation of local offices

New York § 27

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

Text

§ 27. Consolidation of local offices. 1. With the approval of their\ngoverning bodies and of the commission, the chief executive officer of\nany county not within a city, including in counties not having an\nexecutive the chairman or other presiding officer of the legislative\nbody of the county as defined in subdivision seven of section two of the\nmunicipal home rule law, and the chief executive officer or officers of\nany city or cities within the county may agree to create a consolidated\ncounty office of civil defense for the purpose of performing any or all\ncivil defense functions for both the county and such city or cities. The\njurisdiction of a consolidated county office shall include the territory\nof the county outside the cities therein, and the territory of any such\ncity or cities which join in the consolidation to the extent necessary\nfor the performance of its functions in such city or cities. Such an\noffice shall be in charge of a county director, who may be the chief\nexecutive officer of the county or one of the cities, who may be\nappointed and at pleasure removed by the chief executive officer of the\ncounty. The county may pay a salary to such director and,\nnotwithstanding the provisions of section two hundred of the county law,\nor of any other law, a county may pay compensation to a member of its\nlegislative body as defined in subdivision seven of section two of the\nmunicipal home rule law, other than the chief executive officer, for\nservice as the director of its consolidated county office. Such a county\ndirector may appoint and remove, with the approval of the chief\nexecutive officer of each city affected, a deputy county director of\nsuch city. The salary of such deputy may be paid by the county. Where a\nconsolidated county office is established, unless the county and the\ncity or cities joining in such consolidation otherwise agree, the\nexpenses of such office shall be paid and the deputies, assistants and\nemployees appointed and removed, their duties prescribed and their\nsalaries fixed and paid in the manner prescribed for a county office in\nsections twenty-two and twenty-nine of this act.\n 2. With the approval of the governing bodies, the chief executive\nofficers of two or more adjacent cities within a county may agree to\ncreate a consolidated city office of civil defense, the jurisdiction of\nwhich office shall include the territory of such cities. Such an office\nshall be in charge of a city director who shall be appointed jointly by\nsuch officers and hold office at their pleasure. Such city director may\nbe paid such compensation as may be fixed by the chief executive\nofficers of such cities within the amount of the appropriations made\ntherefor.\n 3. In the event of the creation of a consolidated office by order of\nthe commission pursuant to section twenty-one of this act, the chief\nexecutive officers of the county and of all cities in the county\naffected by the order shall appoint and remove, at their pleasure, a\ncounty director. Such county director may be the chief executive officer\nof the county or one of the cities affected by the order. The provisions\nof subdivision one shall be applicable to a consolidated county office\nso created.\n 4. With the approval of their respective governing bodies and of the\ncommission, the chief executive officer of a 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 or officers of a city or cities, or the chief executive officers\nof two or more cities may agree to dissolve a consolidated county or a\nconsolidated city office of civil defense as the case may be or, upon\none hundred eighty days notice to the other participants and to the\ncommission, such an officer, with the approval of the governing body of\nhis county or city, may unilaterally withdraw from such an office. Upon\nthe effective date of such dissolution of or withdrawal from a\nconsolidated office of civil defense, the chief executive officer of\neach affected county or city shall forthwith re-establish an office of\ncivil defense for such county or city, which office shall be headed by a\nlocal director as required by this act and which office shall have\njurisdiction, powers and duties as provided in this act and other\napplicable provisions of law.\n