N.Y. Defense Emergency Act 1951 784/51 § 22: Local civil defense

§ 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.