NYCL AGO 96-4.

• Case Date: February 21, 1996
• Court: New York

New York Attorney General Opinions 1996. AGO 96-4. February 21, 1996 Informal Opinion No. 96-4Dennis Metnick, Esq. Town Attorney No. 96-4 Town of Middletown P. O. Box 1011 Margaretville, NY 12455-1011MUNICIPAL HOME RULE LAW §§ 10(1)(ii)(a)(1), 23, 24.A town is authorized to establish a separate department to deal with a flood emergency and may appoint the person serving as town supervisor to the separate office of flood disaster administrator.Dear Mr. Metnick: You have informed us that the Town of Middletown has experienced a flood emergency and has proposed a local law to form a temporary department, known as the flood disaster department, to deal with the emergency. First, you inquire whether the local law establishing the flood disaster department would be subject to a referendum. The flood disaster department, headed by the flood disaster administrator, generally would be responsible for overseeing and supervising the recovery of the town from the flood. Specifically, the administrator would prepare the paperwork required by county, State and Federal offices to assess flood damage and would oversee the receipt and disbursement of aid to the town. He would work with the town highway superintendent, code enforcement officer and other town department heads in summoning the necessary resources to deal with the flood. He also would have responsibility for the development of any required emergency recovery plan. You have informed us that the flood disaster department would be subject to supervision and control by the town board, like any other town department. Further, under the proposed local law the flood disaster administrator would work with other town department heads. No powers of elective officials of the town, such as the town highway superintendent, would be transferred to the flood disaster administrator. See, 1981 Op Atty Gen (Inf) 101. In our view, the town is authorized by local law to establish the flood disaster department as generally described above. Local governments are authorized to enact and amend local laws, consistent with the Constitution and general State laws, in relation to the powers, duties, qualifications, number, mode of selection and removal, terms of office, compensation, etc. of their officers and employees. Municipal Home Rule Law § 10(1)(ii)(a)(1). Further, subject to the same...