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This entry was published on 2014-09-22
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Continuity of local governments
Executive (EXC) CHAPTER 18, ARTICLE 2-B
§ 27. Continuity of local governments. 1. Every county, except those
wholly contained within a city, every city, every town and every village
shall have power to provide by local law, and every other public
corporation, district corporation or public benefit corporation 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 when, in the event of a disaster and the emergency
conditions caused thereby, 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 provided therein 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 general or special law or city or village charter, 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 subdivision shall be construed or interpreted as
affecting the validity of any ordinance, local law or resolution enacted
prior to April first, nineteen hundred seventy-nine or actions taken
thereunder by the government of any county, city, town or village.

2. The provisions of this section shall not be applicable in any case
where the continuity of the government of a political subdivision or
that of any of its elective or appointive officers is otherwise provided
for by or pursuant to law.

3. This section shall be construed liberally. The powers herein
granted shall be in addition to and not in substitution of any power
granted, procedure provided or provision made in any other law.