N.Y. Defense Emergency Act 1951 784/51 § 27: Consolidation of local offices

§ 27. Consolidation of local offices. 1. With the approval of their

governing bodies and of the commission, the chief executive officer of

any county not within a city, 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 or officers of

any city or cities within the county may agree to create a consolidated

county office of civil defense for the purpose of performing any or all

civil defense functions for both the county and such city or cities. The

jurisdiction of a consolidated county office shall include the territory

of the county outside the cities therein, and the territory of any such

city or cities which join in the consolidation to the extent necessary

for the performance of its functions in such city or cities. Such an

office shall be in charge of a county director, who may be the chief

executive officer of the county or one of the cities, who may be

appointed and at pleasure removed by the chief executive officer of the

county. The county may pay a salary to such director 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

legislative body as defined in subdivision seven of section two of the

municipal home rule law, other than the chief executive officer, for

service as the director of its consolidated county office. Such a county

director may appoint and remove, with the approval of the chief

executive officer of each city affected, a deputy county director of

such city. The salary of such deputy may be paid by the county. Where a

consolidated county office is established, unless the county and the

city or cities joining in such consolidation otherwise agree, the

expenses of such office shall be paid and the deputies, assistants and

employees appointed and removed, their duties prescribed and their

salaries fixed and paid in the manner prescribed for a county office in

sections twenty-two and twenty-nine of this act.

2. With the approval of the governing bodies, the chief executive

officers of two or more adjacent cities within a county may agree to

create a consolidated city office of civil defense, the jurisdiction of

which office shall include the territory of such cities. Such an office

shall be in charge of a city director who shall be appointed jointly by

such officers and hold office at their pleasure. Such city director may

be paid such compensation as may be fixed by the chief executive

officers of such cities within the amount of the appropriations made

therefor.

3. In the event of the creation of a consolidated office by order of

the commission pursuant to section twenty-one of this act, the chief

executive officers of the county and of all cities in the county

affected by the order shall appoint and remove, at their pleasure, a

county director. Such county director may be the chief executive officer

of the county or one of the cities affected by the order. The provisions

of subdivision one shall be applicable to a consolidated county office

so created.

4. With the approval of their respective governing bodies and of the

commission, the chief executive officer of a 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 or officers of a city or cities, or the chief executive officers

of two or more cities may agree to dissolve a consolidated county or a

consolidated city office of civil defense as the case may be or, upon

one hundred eighty days notice to the other participants and to the

commission, such an officer, with the approval of the governing body of

his county or city, may unilaterally withdraw from such an office. Upon

the effective date of such dissolution of or withdrawal from a

consolidated office of civil defense, the chief executive officer of

each affected county or city shall forthwith re-establish an office of

civil defense for such county or city, which office shall be headed by a

local director as required by this act and which office shall have

jurisdiction, powers and duties as provided in this act and other

applicable provisions of law.