Section 27. Continuity of local governments  


Latest version.
  • 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.