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This entry was published on 2014-09-22
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SECTION 27
Consolidation of local offices
Defense Emergency Act 1951 784/51 (DEA) CHAPTER 784-51, ARTICLE 3
§ 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.