§ 302. The County Executive.

The executive power of the County shall be vested in the County Executive who shall be the chief executive officer of the County and the official head of the County government. In such capacity he or she shall be the elected executive officer mentioned in Section 3 of Article XIA of the Constitution of this State. The County Executive shall devote full time to the duties of his or her office.

(a)

Mode of election. The Executive shall be nominated and elected by the qualified voters of the County as provided by law.

(b)

Qualifications.

1. In General. The Executive shall be a resident of the County for a period of not less than five years immediately prior to election and a registered voter at the time of filing for candidacy and shall be not less than thirty years of age at the time of his or her election.

2. Other Offices. No person shall qualify or serve as Executive while holding any other office of profit or trust of or under State, County or Federal government; while employed by the County; or while employed by any agency, board, commission, unit or other entity which receives funds through the County budget. No Executive shall, during the whole term for which he or she was elected, be eligible for appointment to any County office or position or be eligible for employment by the County.

3. Forfeiture of office. If an Executive ceases to be a registered voter of the County or is convicted of any crime involving moral turpitude, he or she shall immediately forfeit his or her office.

(c)

Term of office. The Executive shall qualify for the office on the first Monday in December following his or her election, or as soon thereafter as practicable and shall enter upon the duties of his or her office immediately. The County Executive shall hold office for a term of four years commencing at the time of his or her qualification and continuing until his or her successor shall qualify. No person shall be eligible to succeed himself or herself in office if he or she has served as Executive for two consecutive four-year terms.

(d)

Compensation and allowances. Subject to the provisions of Section 302(e) of this Article, the Executive shall receive Eighteen Thousand Dollars ($18,000.00) annually as compensation and allowances and shall not accrue annual leave or be entitled to any payment in lieu thereof.

(e)

Change in compensation and allowances. The Compensation Review Commission established pursuant to Section 202(d) of this Charter shall review the Executive's compensation and allowances and make recommendations to the Council. The Council shall have the power to increase the compensation and allowances provided in this Charter for the Executive by the affirmative vote of not less than a majority of its members. To reduce the Executive's compensation and allowances the affirmative vote of not less than two-thirds of the Council members is required. In no event shall such compensation be reduced by a figure lower than that provided in this Charter except by amendment thereto. The compensation and allowances of the Executive shall not be increased or reduced during his or her current term.

(f)

Vacancy. Whenever for any cause the office of the Executive shall become vacant, the Chief Administrative Officer shall serve as acting Executive until a new Executive shall be appointed. The office of County Executive shall be filled by resolution within thirty days by the affirmative vote of a majority of the members of the Council. The person so elected by the Council shall possess the same qualifications for the office as provided in Section 302(b), shall belong to the same political party as his or her predecessor at the time of the Executive's most recent election (unless his or her predecessor was not a member of a political party) and shall serve the unexpired term of his or her predecessor and until his or her successor shall qualify.

(g)

Temporary absence or disability. The Executive shall within thirty days upon taking office, designate in writing the Chief Administrative Officer or other appointive officer to perform the duties of the Executive during the latter's temporary inability to perform by reason of absence from the County or disability. Such designation shall be filed with the Administrator of the Council. Any such designation may be revoked by the Executive at any time by filing a new designation with the Administrator of the Council. An Acting Executive shall have the same rights, duties, powers and obligations as an elected incumbent in said office except the power of veto.

(h)

Inability to perform duties. If an Executive is unable to perform the duties and responsibilities of his or her office as set forth in Section 302(i) of this Article for a continuous period of six months, his or her office may be declared vacant by the affirmative vote of not less than two-thirds of the members of the Council and such vacancy shall thereupon be filled in the manner above provided in Section 302(f) of this Article.

(i)

Powers and duties. The Executive shall be responsible for the proper and efficient administration of such affairs of the County as are placed in his charge or under his jurisdiction and control under this Charter or by law. His express responsibilities, duties and powers shall include, but not be limited to, the following:

1.

To supervise, direct and control the offices and departments of the County Government, subject to law and the provisions of this Charter;

2.

To present to the Council the annual County budget in the manner and form hereinafter in this Charter provided;

3.

To report to the Council and the public at least once a year a general statement of finances, government and affairs of the County, with a summary statement of the activities of the several departments and offices thereof;

4.

To present to the Council from time to time such other information concerning the business and affairs of the County as he or she may deem necessary, or as the Council by resolution may request, and to recommend such measures for legislative action as he or she may deem to be in the best interest of the County;

5.

To see that the County officers, boards, agencies, commissions, departments and employees faithfully perform their duties;

6.

To see that the laws of the State pertaining to the affairs, good order and government of the County, and the acts, resolutions, ordinances and public local laws of the County are duly executed and enforced within the County;

7.

To make or cause to be made any study or investigation which in his or her opinion may be in the best interests of the County, including but not limited to investigations of the affairs, functions, acts, methods, personnel or efficiency of any department, office or officer under his or her jurisdiction;

8.

To veto, in his or her discretion, legislative acts of the Council, in the manner, at the times and subject to the limitations provided in Article II, Section 209(g) of this Charter;

9.

To appoint, subject to confirmation by the affirmative vote of a majority of the members of the Council, the County Solicitor;

10.

To appoint the Chief Administrative Officer and the heads of all offices and departments which are subject to his or her supervision and control under this Charter or by law;

11.

Unless otherwise specified in this Charter, to appoint the members of all boards, commissions, authorities and corporations created in or pursuant to this Charter or by law;

12.

To sign or cause to be signed on the County's behalf all deeds, contracts and other instruments, including those which prior to the adoption of this Charter required the signature of the Chairperson or any member of the Board of County Commissioners, and to affix the County Seal thereto;

13.

Except as otherwise expressly provided in this Charter, to issue, or cause to be issued, all executive orders, directives, licenses and permits, including those which prior to the adoption of this Charter, were issued or granted by the County Commissioners;

14.

To prepare and issue, or cause to be prepared and issued, rules and regulations of the character which prior to the adoption of this Charter were prepared or issued by the County Commissioners, provided that before taking effect, all such rules and regulations, other than those concerned exclusively with the internal operating procedure of the executive branch of the County government, shall be approved by the Council;

15.

To perform such other executive duties as may be prescribed by this Charter or required by ordinance or resolution of the Council or as may be necessarily implied from the powers and duties herein specified.

Editor's note

Amendments to § 302 proposed by Res. Nos. 119, 1982 and 135, 1982 were approved at an election held Nov. 2. 1982, and became effective Dec. 2, 1982. Amendments proposed by Res. Nos. 111, 116—118, 1988 were approved at an election held Nov. 8, 1988, and became effective Dec. 8, 1988. An amendment to subsections (d) and (e) proposed by Res. No. 2, 1990 was approved at an election held Nov. 6, 1990, and became effective Dec. 6, 1990. An amendment to subsections (f), (g), and (i) 10., proposed by Res. No. 125, 1996 was approved at an election held Nov. 5, 1996, and became effective Dec. 5, 1996. An amendment to subsections (b), (c), (f), (h), (i) 4., 7., 8., 10., and 12. proposed by Res. No. 126, 1996 was approved at an election held Nov. 5, 1996, and became effective Dec. 5, 1996.