N.Y. Defense Emergency Act 1951 784/51 § 29-a: Continuity of political subdivisions

§ 29-a. Continuity of political subdivisions. In conformity with the

plan, regulations or orders of the commission, every county, except

those contained within the city of New York, every city, every town and

every village shall have power to provide by local law, and every other

political subdivision shall have power to provide by resolution, for its

continuity and that of its elective and appointive officers, including

members of its legislative or governing body, where, as a result of an

attack, any of such officers is unable to discharge the powers and

duties of his office or is absent from the political subdivision. In any

such local law or resolution, provision may be made that the removal of

a disability or the termination of an absence from the political

subdivision of an officer higher on a list or order of succession to an

office shall not terminate the service in such office of an individual

lower on such list or order of succession who is temporarily filling

such office. Notwithstanding the provisions of any law, a local law or

resolution adopted pursuant to this section may be made effective

without approval at a mandatory or permissive referendum but in no case

shall such local law or resolution become effective until one certified

copy thereof has been filed with the clerk of the political subdivision

or other appropriate official designated for such purpose by the

respective legislative or governing body, one certified copy thereof has

been filed in the office of the state comptroller and three certified

copies thereof have been filed in the office of the secretary of state.

No provision of this section shall be construed or interpreted as

affecting the validity of any ordinance enacted prior to July first,

nineteen hundred sixty-six, or actions taken thereunder by the

government of any county, city, town or village.