A.
The Executive Branch of the County government shall
be administered by the County Executive.
B.
An elective County Executive shall be elected from
the County at large at the general election in November 1985 and shall
serve for a four-year term beginning with the first day of January
next following his or her election. The County Executive shall thereafter
be elected at the general election in November 1989 and shall be elected
every fourth year thereafter. At the time of his or her nomination
and election and throughout his or her term of office, he or she shall
be a qualified elector of the County. The County Executive shall hold
no other public office, and no elective official of any Town, Village,
City, County or any other municipality shall hold the office of County
Executive.
C.
Effective January 1, 1986, the County Executive shall
be required to give his or her whole time to the duties of his or
her office and shall receive therefor compensation to be fixed by
the County Legislature, which shall not be decreased during his or
her term of office. The County Executive shall not engage in the practice
of any profession or the conduct of any business, trade, occupation
or employment. Nothing contained herein, however, shall preclude the
County Executive from receiving income derived from personally held
investments or securities, from rentals or from businesses, partnerships
or corporations in which he or she may have an interest so long as
he or she does not actively participate in the operation or conduct
thereof.
A.
The County Executive shall have all the powers and
duties and shall be subject to all the obligations and liabilities
heretofore or hereafter lawfully granted or imposed by the Charter,[1] code or any applicable provision of any act of the State
Legislature, local law, ordinance or resolution of the County Legislature
not inconsistent with the Charter or this code.
B.
In addition to any other powers and duties, the County
Executive shall have the following duties and functions:
(1)
Be the chief executive and administrative officer
of the County government.
(2)
Subject to the provisions of the Charter, this code
and enactments of the County Legislature, supervise, direct and control
the administration of all departments of the County government.
(3)
Subject to confirmation by the County Legislature,
appoint the head of every County department, who shall serve at his
or her pleasure, except as may otherwise be provided in the Charter
or this code.
(4)
Appoint subordinate personnel in his or her office
to positions which have been authorized and approved by the County
Legislature.
(5)
Supervise and direct the internal organization and
reorganization of any administrative unit, the head of which he or
she has the power to appoint.
(6)
Be the chief budget officer of the County and be responsible
for preparation of the proposed tentative budget and capital program
of the County and present to the County Legislature the annual budget
as provided by law and, at the close of each fiscal year or as soon
thereafter as practicable, a report of the financial and other transactions
of the County, including the reports of the several departments of
the County government.[2]
(7)
Have the power to veto acts of the County Legislature in the manner prescribed in § C2.02 of the Charter; provided, however, that if the County Executive shall veto any changes duly adopted by the County Legislature in the budget presented by the County Executive, the County Legislature may override said veto in the manner prescribed in § C4.08 of the Charter upon the affirmative vote of 2/3 of the total voting power of the Legislature taken to the next highest whole number.
(8)
Subject to confirmation by the County Legislature,
appoint the members of County boards and commissions, who shall serve
at his or her pleasure, except as may otherwise be provided in the
Charter.
(9)
File an annual report to the County Legislature, including the reports of the several departments of County government as required by Subsection (b) of § 3.02 of Article III of the Charter; present to the County Legislature, from time to time, pertinent information concerning the affairs of County government as he or she may deem necessary or the County Legislature, by resolution, may require; and recommend, from time to time, such measures in connection with the affairs of County government as he or she shall deem necessary.
(10)
Designate and authorize any officer or employee paid
from County funds, except any member, officer or employee of the Legislative
Branch, to attend an official or unofficial convention, conference
or school for the betterment of County government, within the appropriations
provided therefor by the County Legislature, and, when so authorized,
all necessary and actual expenses, including but not limited to registration
fees, not exceeding the amount as fixed by the General Municipal Law
and mileage as fixed by the County Legislature shall be paid from
County funds.
(11)
Declare an emergency in the event of circumstances
affecting the life, health or safety of inhabitants of Rockland County
and perform all necessary acts for the protection of the life, health
or safety of said inhabitants and report any such declaration of emergency
to the County Legislature immediately upon such occurrence.
(12)
Designate, subject to the approval of the County Legislature,
one or more depositories located within the County for the deposit
of all moneys received by the Commissioner of Finance and determine,
subject to the approval of the County Legislature, what funds may
be invested and in what securities, according to law.
(13)
Examine and approve or disapprove the sufficiency
of sureties on official bonds and undertakings.
(14)
Appoint a member of the County Legislature to serve
as Chairperson of the County Legislature for the remainder of the
calendar year, in case the County Legislature has failed to select
a Chairperson on or before February 1, or for the unexpired term of
the previous Chairperson, in case the County Legislature has failed
to select a Chairperson within 30 days after a vacancy has occurred
in the office of the Chairperson.[3]
(15)
Execute all contracts up to $100,000, and with the
approval of the County Legislature all contracts in excess of $100,000,
and agreements on behalf of the County and enforce all resolutions
and orders of the Legislature unless otherwise specifically prohibited
by this Code.
[Amended 6-18-1996 by L.L. No. 18-1996[4]]
[4]
Editor's Note: This local law, approved by
the County Legislature 9-3-1996 over the veto of the County Executive,
was approved at referendum 11-5-1996.
(16)
Perform such other duties and have such other powers
as may be prescribed for him or her by the provisions of this code
or amendments thereto, local law or other resolutions or directions
of the County Legislature.
(17)
File a copy of any monthly report, annual report or
audit with the Clerk to the County Legislature within 10 days of the
receipt thereof where such filing in the office of the County Executive
is required pursuant to the provisions of the Charter or this code.
(18)
Refund taxes erroneously assessed on the tax roll
of any Town, up to the sum of $1,000, upon the affidavit of the Assessor
or Assessors and with the consent of the Supervisor of the particular
Town.
(19)
Authorize extensions of sick leave for employees of
the County of Rockland.
(20)
Authorize the use of real property of the County of
Rockland by nonprofit and charitable organizations subject to any
regulations concerning the use of said property adopted by the County
Legislature.
(21)
Authorize connections to the central fire alarm system.
(22)
Recommend to the County Legislature all persons for
appointment to the Health Systems Agency, upon the recommendation
of the Health Systems Agency.
(23)
Execute all grant applications after consultation
with the Chairperson of the Legislature subject to the review and
approval of the County Attorney.
(24)
Upon the recommendation of the appropriate department
head, execute on behalf of the County of Rockland any renewals of
transfer or affiliation agreements with any entity, provided that
there is no cost to the County of Rockland.
(25)
Issue proclamations jointly with the County Legislature.
(26)
Direct the execution by the appropriate department
head or heads of agencies of memoranda of understanding or agreements
between departments or agencies of the County of Rockland for the
purpose of providing services to County agencies and departments in
order to meet the requirements of third-party payer, provided that
there is no cost to the County of Rockland.
(27)
Look after the physical properties of Rockland County,
exercise general supervision over County departments and coordinate
the various activities of the County and unify the management of its
affairs.
(28)
Be the chief economic development officer of the County
of Rockland and be responsible for securing and maintaining a diversified
economy sufficient to provide jobs for County residents and ratables
to support necessary services.
(29)
Be the County Purchasing Agent and have all the duties
and responsibilities in connection therewith as prescribed by law.
The County Executive shall appoint a Director of Purchasing to assist
in carrying out said duties and responsibilities; provided, however,
that this subsection shall not become effective until the present
office of County Purchasing Agent becomes vacant.
(30)
Direct the cancellation of unpaid taxes levied by
the County Legislature against property of the State of New York where
it is determined that a lien on such tax cannot be enforced and to
direct the refunding of taxes paid upon property owned by the State
of New York and upon the affidavit of the Assessor or Assessors and
with the consent of the Supervisor of the particular Town.
(31)
In addition to the powers set forth in this code,
the County Executive shall have and be responsible for the exercise
of all executive and administrative powers in relation to any and
all functions of County government not otherwise specified in the
Charter and have all necessary incidental powers to perform and exercise
any of the duties and functions specified herein or lawfully designated
to him or her.
The County Executive may be removed by the Governor
in the manner provided in the Public Officers Law for the removal
of County officers.
A.
The County Executive shall designate, in writing,
one or more appointive department or executive division heads to perform
administrative duties of the County Executive during his or her temporary
inability to perform by reason of absence from the County or disability.
Such written designation shall be filed with the Department of Records
and with the Clerk to the County Legislature and may be terminated
and superseded at any time by the County Executive by written notice
of such termination and supersession filed in the same manner as the
original written designation. During the absence or disability of
both the County Executive and the Acting County Executive so designated,
or during the absence or disability of the County Executive while
no Acting County Executive has been so designated, the Chairperson
of the County Legislature shall undertake and perform or may designate
the head of one of the County departments to perform such administrative
duties.
B.
The acts performed by the Acting County Executive, pursuant to § C3.03 of Article III of the Charter, shall have the same force and effect as if performed by the County Executive. Pursuant to § C3.03 of Article III of the Charter, the Deputy County Executives and/or Acting County Executive shall have and exercise all powers of the County Executive, except that the power of removal and the power of veto of acts of the County Legislature shall not be exercised by the Acting County Executive until the County Executive shall have been absent or disabled for 15 days.
A.
Except as otherwise provided in the Charter, the County
Executive shall appoint, to serve at his or her pleasure or for such
term as may be specified in the Charter, the head of every administrative
unit not administered by an elective official. The appointment by
the County Executive of the head of each administrative unit shall
be subject to confirmation by the County Legislature.
B.
Confirmation procedure; acting head.
(1)
Appointments made by the County Executive which require
confirmation by the County Legislature shall be presented to the full
legislature by the County Executive at least one week prior to the
next scheduled meeting.
(2)
Each appointment by the County Executive shall be
in writing, signed by the County Executive and filed in the office
of the Clerk to the County Legislature and Department of Records within
10 days after the date that such appointment is proposed. No appointee
shall hold office beyond the term of the County Executive by whom
the appointment was made, except that, unless removed, he or she shall
continue to serve until his or her successor is appointed and has
qualified or until an interim appointment is made, unless otherwise
provided in the Charter.
(3)
Upon confirmation by the County Legislature and qualifying
for the office, an appointee to the position of head of an administrative
unit shall enter upon the duties thereof.
(4)
In the event that the County Legislature has neither confirmed nor rejected an appointment made by the County Executive pursuant to the Charter within 30 days, as defined under § C2.06 of the Charter, such appointment shall be deemed to be confirmed.
(5)
Prior to the designation by the County Executive of
the head of an administrative unit and subject to confirmation by
the Legislature in the manner prescribed, the County Executive may
designate an acting head of said unit for a period not to exceed six
months, unless extended by the Legislature. Any such appointment subject
to legislative approval shall be submitted to the County Legislature
no more than 21 working days after the appointment of said individual.
[Amended 6-18-1996 by L.L. No. 17-1996[2]]
[2]
Editor's Note: This local law, approved by
the County Legislature 9-3-1996 over the veto of the County Executive,
was approved at referendum 11-5-1996.
C.
If the Charter or this code prescribes specific qualifications
for an appointment made by the County Executive, pursuant to an article
or section of the Charter or this code, the written notice of such
appointment shall also contain a statement of the qualifications and
a certification by the County Executive that the appointee has the
prescribed qualifications.
D.
Unless otherwise provided by the Charter or this code,
each administrative head shall appoint his or her deputies, officers
and employees in his or her administrative unit as may be authorized
by the County Legislature and within the appropriations provided therefor.
Each administrative head shall designate, in writing, the relative
rank of the deputies, including the order of temporary succession
to the duties of the administrative head during absence or disability
and delegate among them such powers and duties as he or she may determine.
A copy of all the designations and delegations shall be in writing
and filed in the Department of Records and copies thereof shall be
filed with the County Executive and the Clerk to the County Legislature.
E.
The County Executive may remove an administrative
head, officer or employee appointed by him or her to serve at his
or her pleasure by written notice of his or her removal and the effective
date thereof. The notice may be served on the administrative head,
officer or employee personally or by registered mail sent to his or
her last known address. Notice of any such removal shall be simultaneously
given to the County Legislature, in writing, and filed with the Clerk
to the Legislature.
Confirmation of appointment, when required,
shall be by affirmative vote of a majority of the whole number of
members of the County Legislature taken at a regular or special meeting.
In the event of a vacancy in the office of a County Executive as described in § 30 of the Public Officers Law, such office shall be filled by appointment, by the County Legislature, of a qualified elector of the County. The appointment shall be made within 30 days after the vacancy occurs. If the appointment is not made within said 30 days, a special election shall be conducted to fill the vacancy within 90 days after the vacancy, provided, however, that if there shall be a general election within 120 days after said vacancy occurs, the vacancy shall be filled at the general election. The person so 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 § C3.03 of the Charter shall serve during any vacancy in the office of County Executive until such vacancy is filled.
