There shall be a County Executive who shall be an elector of
the County, have been residing continuously in the County for at least
one (1) year preceding her election, and be elected from the County
at large. Her term of office shall be four (4) years and begin on
the January 1 following her election. The election for County Executive
shall be conducted at the general election of 1995, and at general
elections every fourth year thereafter. At the time of her election
and throughout her term of office, she shall be a qualified elector
of the County and hold no other public office. Commencing January
1, 1995, she shall not hold the position of chair, vice chair, secretary
or treasurer or other comparable office of a County political party
committee. The County Executive shall receive such compensation for
her duties as fixed by the County Legislature. The compensation of
the County Executive shall not be increased nor decreased during her
term of office.
[Amended 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
The County Executive shall be the chief executive and elective
officer of the County government. Except as may be otherwise provided
in this Charter, the County Executive shall have and exercise all
the executive powers and duties now or hereafter conferred or imposed
upon him or her by this Charter and any applicable law upon a county
executive officer or the executive branch of County government, including,
but not necessarily limited to, the following:
(a)
Supervising the structure and organization of each department and
any other administrative unit under her control and supervising, directing
and controlling the administration of all departments and administrative
units under her control.
(b)
Reporting to the County Legislature on the activities of all administrative
units by March 15 of each year;
(c)
Appointing, subject to confirmation by the County Legislature, where
so provided in this Charter, all departments heads or other administrative
unit heads;
(i)
Should the County Executive fail to make such appointment in
writing, signed and filed in the offices of the Clerk of the County
Legislature and the County Clerk within a period of ninety (90) days
from a vacancy in such department or administrative unit, as the case
may be, the County Legislature may appoint such department head or
administrative unit head. In no event, unless a default occurs in
the confirmation process by the County Legislature, shall any person
appointed by the County Executive enter upon his or her office unless
confirmation by the County Legislature shall have been filed by the
Clerk of the County Legislature in the offices of both the Clerk of
the County Legislature and the County Clerk;
(ii)
In any event, the County Legislature must either confirm, or
refuse to confirm, any such appointment within sixty (60) days after
filing with the Clerk of the writing making such appointment or the
appointment shall be deemed confirmed.
(iii)
In the event the County Legislature refuses to confirm any such
appointment, the County Executive shall make a new appointment for
such position, which shall be subject to confirmation pursuant to
the procedure set forth herein.
(iv)
Any individual appointed, or subject to appointment by the County
Executive and confirmed by the County Legislature shall serve at the
pleasure of the County Executive, and no such appointee shall hold
office beyond the term of the County Executive by whom the appointment
was made, except as otherwise provided by State law or the provisions
of this Charter.
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Appointing without confirmation by the County Legislature, such
assistants, officers, and employees of the County Executive's office,
within the limits provided by provided by appropriation
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(d)
Serving as the chief budget officer of the County, and as such, preparing
and submitting to the County Legislature the tentative annual budget,
capital program, and accompanying message, all as provided in this
Charter;
(e)
Executing contracts and agreements for the County, subject to the
provisions of Article 13 of this Charter, and approving and executing
those contracts as authorized in this Charter;
(f)
Approving or vetoing any local law, legalizing act, ordinance, or resolution, all as provided for in Article 2 of this Charter.
(g)
Authority to promote and execute economic development in the County;
(h)
Exercising all executive and administrative powers in relation to
any and all functions of County government not otherwise specified
in this Charter; and
(i)
Possessing all necessary incidental powers to perform and exercise
any of the duties and functions specified above or lawfully delegated
to her.
[Amended 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
In the event of a vacancy in the office of County Executive
as described in Section 30 of the Public Officers Law of the State
of New York, such office shall be filled by appointment of a qualified
elector of the County by vote of a majority of the whole number of
members of the County Legislature. The appointment shall be made within
thirty (30) days after the vacancy occurs. If the appointment is not
made within said thirty (30) days, a special election shall be conducted
to fill the vacancy within ninety (90) days after the vacancy; provided,
however, that if there shall be a general election within one hundred
twenty (120) days after said vacancy occurs, the vacancy shall be
filled at the general election. The person appointed shall hold office
by virtue of such appointment until the commencement of the calendar
year next succeeding the first annual election after the happening
of the vacancy at which a successor can be elected, at which election
a County Executive shall be elected for the balance of the unexpired
term, if any. The Acting County Executive designated in the manner
prescribed in this article shall serve during any vacancy in the office
of County Executive until such vacancy is filled.
The County Executive may be removed in the manner provided in
the Public Officers Law for the removal of other County officers.
The County Executive may appoint a Deputy County Executive,
to serve at her pleasure. The Deputy County Executive shall act for
and in place of the County Executive, except that a Deputy County
Executive may not exercise the power of appointment, discharge or
veto.
[Amended 8-8-2016 by L.L.
No. 7-2016, approved 11-8-2016, effective 1-1-2017]
(a)
The County Executive shall designate in writing, and in order of
succession, the person or persons who shall serve as Acting County
Executive to perform administrative duties of the County Executive
in the event the County Executive is temporarily unable to perform
the powers and duties of the office, as established by either (1)
by the County Executive certifying in writing and filing with the
County Clerk a statement that she is unable to perform or exercise
such powers and duties; or (2) in the event that, upon advice sought
by a majority of the whole number of members elected to the County
Legislature by formal action not subject to veto by the County Executive,
her inability to serve is certified by qualified and competent medical
authority designated by, and subject to judicial review of, a Justice
of the New York State Supreme Court.
(b)
Only a Deputy County Executive and persons incumbent in County government
in positions subject to confirmation by the County Legislature may
be designated to any list of succession for possible service as Acting
County Executive.
(c)
If the Office of County Executive becomes vacant in the manner provided
in Section 30 of the Public Officers Law of the State of New York,
the person designated Acting County Executive shall serve in such
position no longer than the earliest date at which the vacancy in
the Office of County Executive is filled as provided for in this article.
(d)
At any time during the remainder of the term for which she was elected,
a person elected as County Executive may file a retraction in writing
with the County Clerk of her earlier statement of inability to perform
or exercise the duties of office and immediately resume service in
that office.
(e)
At any time during the remainder of the term for which a County Executive
was elected after he or she was found unable to perform or exercise
the duties of office by competent medical authority, but prior to
the time a vacancy in the office would otherwise occur in the manner
provided in Section 30 of the Public Officers Law of the State of
New York, that authority may file a retraction in writing with the
County Clerk, and thereafter the County Executive may immediately
resume service in that office.
(f)
The designation of an order of succession for the position of Acting
County Executive shall be filed with the County Clerk and the Clerk
of the County Legislature and may be revised at any time by the County
Executive filing a new written designation of order of succession.
In the absence of such written designation of order of succession,
and in the event of the County Executive's inability to perform and
exercise the powers and duties of her office, the County Legislature
shall appoint a person then serving in a position subject to its confirmation
as Acting County Executive.
(g)
The Acting County Executive shall have and exercise all of the powers
of the County Executive.
[1]
Editor's Note: Former Sec. 307, Director of the Budget, was
repealed 12-2-1996 by L.L. No. 7-1996, effective 1-1-1997. See now
Art. 5, Department of Management and Budget.
(a)
The County Executive shall appoint such officers and employees within
the Executive Branch as may be necessary for the performance of her
duties. Any appointment by the County Executive shall be in writing
and filed in both the office of the Clerk and the County Clerk within
ten (10) days after the date of such appointment. Except as otherwise
provided in the Civil Service Law, no such appointee shall hold office
beyond the term of the County Executive by whom the appointment was
made, except as otherwise provided by this Charter and except that,
unless removed, shall continue to serve until a successor is appointed
and has qualified or until an interim appointment is made.
(b)
The County Executive shall have sole responsibility for the organization,
appointment and removal of her staff. The County Executive shall also
have responsibility for the compensation to be paid for such positions,
within the appropriations approved by the County Legislature for such
staff.
(c)
Except where inconsistent with this Charter, the officers and employees
of each department shall be appointed by the head thereof and within
appropriations made therefor.
[Added 7-13-1998 by L.L.
No. 6-1998, approved 8-3-1998]
(d)
Within appropriations made therefor, the administrative head of each
department and administrative unit may appoint a deputy who shall
be authorized to act for and in place of such administrative head
in the performance of her powers and duties.
[Added 2-12-2007 by L.L.
No. 1-2007, approved and effective 3-1-2007]
(a)
Except as specifically provided in Article 6 of this Charter, the
County Executive shall have the power to veto any local law, ordinance
or resolution passed by the County Legislature, other than local laws,
ordinances or resolutions which relate solely to the rules and regulations
of the County Legislature, and other matters pertaining solely to
the conduct, procedures and internal organization and operation of
the County Legislature, including, but not limited to:
(i)
The creation, operation, funding and abolition of standing and
special committees of the County Legislature, standing boards and
commissions created pursuant to this Charter and temporary studies,
commissions, committees, task forces or other such groups created
by the County Legislature;
(ii)
The appointments to boards, commissions or other such bodies
by the Chairperson or the County Legislature, where the legislation
creating such bodies authorizes the appointment of members to such
bodies by the Chairperson or the County Legislature;
(iii)
The day-to -day operations of the County Legislature;
(iv)
The organization of the County legislative staff, including
the creation and abolition of positions for such staff and the compensation
to be paid for such positions; and the appointment and removal of
such County legislative staff; and
(v)
The adoption, amendment or repeal of rules of the County Legislature.
(b)
(i)
In the case of ordinances and resolutions, the County Executive
shall have such veto power within ten (10) days (or in the case of
a local law, thirty (30) days) following receipt of a certified copy
from the Clerk. A copy of such local law, ordinance or resolution
shall, immediately after its passage, be separately certified by the
Clerk and presented by the Clerk to the County Executive within five
(5) business days of passage.
[Amended 7-10-2017 by L.L. No. 3-2017]
(ii)
If the County Executive approves such local law, ordinance or
resolution, the County Executive shall sign it and return it to the
Clerk, and it shall be deemed to have been adopted.
(iii)
If the County Executive vetoes such local law, ordinance or
resolution, it shall be returned to the Clerk with the objections
stated, and the Clerk shall present such local law, ordinance or resolution,
with such objections, to the Chairperson within five (5) days after
receiving it from the County Executive for presentation at the County
Legislature's next regular meeting, and such objections shall be entered
in the County Legislature's Journal.
(iv)
The County Legislature, within forty-five (45) days after the
return of such objection to the Clerk, may, by a three-fifths vote
of its whole number, override such veto. Only one (1) vote shall be
had to override such veto, which shall be taken by roll call and entered
in the County Legislature's Journal.
(c)
If, within ten (10) days [or in the case of a local law, thirty (30)
days] after its passage, the County Executive shall not return any
such local law, ordinance or resolution, either approved or vetoed,
to the Clerk, it shall be deemed to have been adopted with such effect
as if it had been approved and signed by the County Executive.
