Legislation
SECTION 22
Local civil defense
Defense Emergency Act 1951 784/51 (DEA) CHAPTER 784-51, ARTICLE 3
§ 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.
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.