N.Y. Defense Emergency Act 1951 784/51 § 11: Organization

§ 11. Organization. 1. a. The council shall consist of the governor,

the lieutenant-governor and the attorney-general; the temporary

president of the senate, the minority leader of the senate and the

chairman of the senate finance committee; the speaker of the assembly,

the majority leader of the assembly, the minority leader of the assembly

and the chairman of the assembly ways and means committee; the chairman

of the state civil defense commission; and twelve persons to be

appointed by the governor by and with the advice and consent of the

senate. Except as hereinafter provided in this subdivision, such

temporary president and minority leader of the senate, chairman of the

senate finance committee, speaker, majority leader and minority leader

of the assembly and chairman of the assembly ways and means committee

shall each hold office until his successor has been elected or

appointed, as the case may be. Such members appointed by the governor

shall hold office during the pleasure of the governor. The governor

shall serve as chairman of the council and he may designate a member of

the council to act as vice-chairman.

b. Within ten days after the date this paragraph becomes effective,

and annually thereafter on or before the fifteenth day of January, the

temporary president of the senate shall file with the governor (1) a

list containing the names of three members of the senate designated by

the temporary president to act in his place and stead as a member of the

council, in the order in which such names appear on the list, in the

event a vacancy shall occur in the office of temporary president, or he

is unable to discharge the powers and duties of his office or is absent

from the state, and (2) a list containing the names of three members of

the senate designated by the temporary president to act in the place and

stead of the chairman of the senate finance committee as a member of the

council, in the order in which such names appear on the list, in the

event a vacancy shall occur in the office of such chairman, or he is

unable to discharge the powers and duties of his office or is absent

from the state. A member of the senate who is acting as a member of the

council pursuant to this paragraph shall possess and discharge all the

powers and duties of his principal, provided, however, that he shall be

disqualified from so acting upon the occurrence of either of the

following events: (1) that he has vacated, or is unable to discharge the

powers and duties of, the office of member of the senate or is absent

from the state, or (2) that the vacancy, disability or absence of his

principal or of the member of the senate in whose place he is serving,

as the case may be, has ceased to exist.

c. Within ten days after the date this paragraph becomes effective,

and annually thereafter on or before the fifteenth day of January, the

minority leader of the senate shall file with the governor a list

containing the names of three members of the senate designated by the

minority leader to act in his place and stead as a member of the

council, in the order in which such names appear on the list, in the

event a vacancy shall occur in the office of minority leader, or he is

unable to discharge the powers and duties of his office or is absent

from the state. A member of the senate who is acting as a member of the

council pursuant to this paragraph shall possess and discharge all the

powers and duties of his principal, provided, however, that he shall be

disqualified from so acting upon the occurrence of either of the

following events: (l) that he has vacated, or is unable to discharge the

powers and duties of, the office of member of the senate or is absent

from the state, or (2) that the vacancy, disability or absence of his

principal or of the member of the senate in whose place he is serving,

as the case may be, has ceased to exist.

d. Within ten days after the date this paragraph becomes effective,

and annually thereafter on or before the fifteenth day of January, the

speaker of the assembly shall file with the governor (1) a list

containing the names of three members of the assembly designated by the

speaker to act in his place and stead as a member of the council, in the

order in which such names appear on the list, in the event a vacancy

shall occur in the office of speaker, or he is unable to discharge the

powers and duties of his office or is absent from the state, and (2) a

list containing the names of three members of the assembly designated by

the speaker to act in the place and stead of the majority leader of the

assembly as a member of the council, in the order in which such names

appear on the list, in the event a vacancy shall occur in the office of

majority leader, or he is unable to discharge the powers and duties of

his office or is absent from the state, and (3) a list containing the

names of three members of the assembly designated by the speaker to act

in the place and stead of the chairman of the assembly ways and means

committee as a member of the council, in the order in which such names

appear on the list, in the event a vacancy shall occur in the office of

such chairman, or he is unable to discharge the powers and duties of his

office or is absent from the state. A member of the assembly who is

acting as a member of the council pursuant to this paragraph shall

possess and discharge all the powers and duties of his principal,

provided, however, that he shall be disqualified from so acting upon the

occurrence of either of the following events: (1) that he has vacated,

or is unable to discharge the powers and duties of, the office of member

of the assembly, or is absent from the state, or (2) that the vacancy,

disability or absence of his principal or of the member of the assembly

in whose place he is serving, as the case may be, has ceased to exist.

e. Within ten days after the date this paragraph becomes effective,

and annually thereafter on or before the fifteenth day of January, the

minority leader of the assembly shall file with the governor a list

containing the names of three members of the assembly designated by the

minority leader to act in his place and stead as a member of the

council, in the order in which such names appear on the list, in the

event a vacancy shall occur in the office of minority leader, or he is

unable to discharge the powers and duties of his office or is absent

from the state. A member of the assembly who is acting as a member of

the council pursuant to this paragraph shall possess and discharge all

the powers and duties of his principal, provided, however, that he shall

be disqualified from so acting upon the occurrence of either of the

following events: (1) that he has vacated, or is unable to discharge the

powers and duties of, the office of member of the assembly or is absent

from the state, or (2) that the vacancy, disability or absence of his

principal or of the member of the assembly in whose place he is serving,

as the case may be, has ceased to exist.

2. The members of the council shall serve without compensation, but

shall be reimbursed for their traveling and other expenses, within and

without the state, actually and necessarily incurred by them in the

performance of their duties under this act.

3. The council may employ such officers, including counsel, and such

other technical, clerical, stenographic and other employees or

assistants as it may require, prescribe their powers and duties, and fix

their compensation within available appropriations.

4. The council shall meet on the first Wednesday of each month, if

called by the chairman, and at such other times and at such places as

the chairman may direct. The council may prescribe the manner in which

it may be convened in case the chairman is unable to discharge the

duties of his office. A majority of the members of the council shall

constitute a quorum, excepting that in the event of attack any number of

members attending a meeting shall constitute a quorum with the consent

of the governor.

5. No part of any moneys appropriated to the council may be expended

except pursuant to resolution of the council. The council may allocate

out of the appropriations made available to it moneys for functions,

activities, facilities or services authorized by it and authorize the

expenditure of such moneys by the executive officer or officers having

charge of such function, activity, facility or service with the approval

of the chairman or vice-chairman of the council, or of an officer of the

council designated by the chairman.

6. For the purpose of meeting unforseen emergencies within the purview

of this act, the council is authorized (a) to allocate to the governor

from time to time sums to be expended pursuant to his direction in the

event of attack, and (b) to empower the governor or a subcommittee to

take administrative action in its behalf. The governor and each such

subcommittee shall report to the council at each meeting of such

expenditures or actions theretofore made, authorized or taken by him or

it since the preceding report.