The executive power of the County government
shall be vested in a County Executive who, as chief executive, shall
be responsible for the proper administration of all County affairs
placed in the County Executive's charge by any and all provisions
of the Charter and/or by law.
The County Executive shall be elected
from the County at large, shall be a qualified elector of Ulster County
at the time of his or her nomination and election and shall remain
a qualified elector of Ulster County throughout his or her term of
office. The County Executive shall hold no other elected public office
or compensated employment and shall devote full time to the duties
of the office.
[Amended 7-16-2019 by L.L. No. 4-2019]
A. The County Executive shall be elected for a three-year term
at the regularly scheduled election in the first even-numbered year
following the adoption of this Charter, and thereafter every fourth
year for a four-year term. The County Executive's term of office shall
begin with the first day of January following his or her election.
B. No person shall serve as County Executive for more than three
full terms, unless he or she has filled an unexpired term prior thereto.
For the purpose of establishing the term limit, term of office shall
be calculated beginning the first day of his or her first full term
of office after the effective date hereof.
The County Executive shall be the chief
executive and administrative head of the County. The County Executive shall be responsible for the administration
of all County affairs. Except as may be otherwise provided
in the Charter, he or she shall have and exercise all the executive
powers and duties conferred by the Charter and/or in law upon a County
executive officer or the executive branch of a County government,
and all powers and duties necessarily implied or incidental thereto:
A. Appoint department heads and other officers
and employees as provided in the Charter. Should the County Executive
fail to make such appointment in writing, signed and filed in the
offices of the Clerk and the County Clerk within a period of 120 days
from a vacancy in such department or administrative unit, except in
the case of the departments of health and social services, in which
case such appointment shall be made within 180 days, the County Legislature
may appoint such department head or administrative unit head. In no
event shall, unless a default occurs in the confirmation process by
the County Legislature, 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 in the offices of both the County
Clerk and the Clerk;[Amended 8-14-2012 by L.L. No. 9-2012]
B. Supervise, direct and control the administration
of all departments;
C. Appoint, without confirmation by the County
Legislature, such assistants, officers, and employees of the County
Executive's office as may be authorized by the County Legislature;
D. Supervise and direct the internal structure
and organization of every unit of the executive branch of the County
government;
E. Reorganize the duties of, create, combine,
separate, or eliminate executive departments of the County with the
confirmation of the Legislature;
F. Except as otherwise provided in the Charter,
serve as an ex-officio member of and appoint, supervise and terminate
all executive committees, commissions and boards needed to assist
him or her in the exercise of his or her executive functions and in
the planning, formulation and administration of executive policies
and programs;
G. Appoint an administrative Cabinet to assist the County
Executive in the day-to-day management of County government; such
cabinet may include representatives from the units of government as
deemed appropriate by the County Executive;
H. Call such Cabinet to order and convene at the pleasure
of the County Executive to keep the County Executive abreast of the
general functioning of the operations of their respective departments;
I. Except as otherwise provided in the Charter
or applicable law, supervise the appointment and dismissal of employees;
J. Conduct or supervise the conduct of collective
bargaining negotiations with legally designated bargaining agents
of County employees. The County Executive shall be responsible
for the negotiation of all employee contracts, which shall be subject
to approval by the County Legislature. Upon the request of the Chairman,
Majority Leader or Minority Leader of the Legislature, but not more
than once per quarter, the County Executive shall provide the status
of all County employee contract negotiations within two weeks of the
day the request is made;
[Amended 12-17-2014 by L.L. No. 1-2015]
K. Transfer employees temporarily between departments
or subdivisions thereof;
L. Determine the County officer who shall perform a particular
power or duty the performance of which is not otherwise clearly defined
by the Charter, Code or enactment of the County Legislature and report
any such determination to the County Legislature;
M. 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; 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;
N. Serve as the chief budgetary officer of the County, and as such, prepare and submit to the County Legislature the annual budget, capital program, and accompanying message, all as provided for in Article IV, Financial Procedures, of the Charter, and execute the County budget and capital program in accordance with the resolutions and appropriations made by the County Legislature;
O. Designate one or more official depositories
located within the County for the deposit of County funds;
P. Himself or herself or through a designee,
require the submission of regular reports of all County-funded agencies,
assuring that publicly provided funds are used by said funded agencies
in accord with overall County plans and agreed annually specified
goals and objectives for said agencies;
Q. Be responsible for the preparation of Grants proposals
and applications;
R. Approve or disapprove the sufficiency of sureties
on official bonds and undertakings required to be posted of officers
within the Office of the County Executive;
S. Supervise the operation and management of the plan for Ulster County's Self-Insurance Program, and delegate the authority to administer it to the County Insurance Officer as set forth in §
C-127B(2) of the Charter;
T. Approve the placement of all County insurance which
shall be deemed necessary with the business and property of the County
within appropriations set by the Legislature;
U. Approve the settlement of claims for and against the
County up to $1,000.00. Claims in excess of $1,000, but below $25,000,
may be approved after consultation with the County Attorney;
V. Secure proper accounting for all funds in a manner
consistent with generally accepted accounting principles; oversee
the physical property of the County; exercise general supervision
over all County institutions and agencies; and coordinate the various
activities of the County and unify the management of its affairs;
W. Be responsible for keeping the County Legislature
fully advised as to the financial condition and needs of the County
and file with the Legislature an annual report of the financial affairs
of the County;
X. Execute all contracts and change
orders
under the sum of $50,000 and, with the approval of
the County Legislature, all contracts and change orders in
the amount of $50,000 or
in excess of $50,000, except
that:
[Amended 5-14-2013 by L.L. No. 1-2013; 8-18-2015 by L.L. No. 10-2015; 9-15-2020 by L.L. No. 8-2020]
(1) The Director of Purchasing shall have the authority and discretion
to extend existing contracts and execute same, as well as recurring
types of services, including, but not limited to: New York Office
of General Services contracts, piggyback contracts, mandated/preferred
source, sole-source, and utility contracts. The Director of Purchasing
shall provide a report to be annexed to an abstract of contracts,
for reporting purposes only, setting forth those contracts that he
or she has executed, and a copy of which shall be filed with the County
Executive and with the Clerk of the Legislature; and
(2) The Director of Purchasing shall review and approve all contracts as to the content and compliance with requirements for municipal purchasing, and present an abstract of contracts so reviewed and as being approved for execution to the County Executive for all contracts under the amount of $50,000. Upon approval of said abstract by the County Executive, the Director of Purchasing shall have the authority to execute the contracts as provided in §
C-74B(2) of the County Charter. A copy of said abstract shall be filed with the Clerk of the Legislature within five days of its approval by the County Executive; and
(3) The Director of Purchasing shall review and approve all contracts as to the content and compliance with requirements for municipal purchasing for all contracts in the amount of $50,000 or more. All said contracts shall be presented to the County Legislature for its approval. Upon the approval of a contract by the County Legislature, the Director of Purchasing shall present the contract to the County Executive. Upon approval of a contract by the County Executive, the Director of Purchasing shall have the authority to execute the contract as provided in §
C-74B(2) of the County Charter; and
(4) The Director of Purchasing shall present a change order or an amendment
to a contract to the County Legislature for approval when:
(a)
The change order of the amendment is for a capital project and
the amount thereof is 20% or more of the contract total; or
(b)
The change order or amendment causes the aggregate amount of
any existing noncapital project contract total, plus said change order(s)
or amendment(s), to be equal to or exceed $50,000 during the term
of the contract, except where the contract agency or vendor is the
recipient of funds passing through the County and received by the
County from another government or entity during a twelve-month period.
(5) On a monthly basis, the Director of Purchasing shall file with the
Clerk of the Legislature a list of all contracts, change orders, and
amendments that the County Executive or Director of Purchasing has
executed that month. The list shall include the department name, name
of the vendor, the amount of the contract, change order, or amendment,
a brief description thereof, the funding source, the basis for the
award, and the contract dates.
Y. Except as otherwise provided in the Charter or herein, make, sign,
execute, and implement all contracts on behalf of the County, within
the amounts appropriated by the County Legislature, except that a
contract for: (1) the sale, purchase or transfer of real property
or (2) the provision of facilities or the rendering of services by
or for any other government must be approved by the County Legislature.
In lieu of individual approval of each contract described in (1) and
(2) above, the County Legislature may adopt policies authorizing the
County Executive to execute and implement classes of such contracts.
The County Executive shall have the power to delegate the making,
signing, executing and implementing of contracts to other County officers;
Z. Approve or disapprove in writing every proposed local law and resolution and the County Budget by specified items, subject to the provisions of § C-12 of the Charter;
AA. Execute and enforce all local laws and resolutions
of the County Legislature and see that all laws required to be enforced
through the County Legislature or other County officers, subject to
its control, are faithfully executed;
BB. Make such recommendations to the County Legislature
with respect to the affairs of the County and its government as he
or she may deem appropriate;
CC. In addition to the powers set forth in this Code,
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 this Code; and
DD. In the event of an occurrence of an emergency affecting
the life, health or safety of inhabitants of Ulster County, the County
Executive, except as otherwise provided by law, shall have the power
to declare the same an emergency and to perform all acts which are
necessary for the protection of such inhabitants and to sign all necessary
papers to carry the authorization into effect.
EE. To conduct studies and investigations in furtherance of his
or her executive functions and, in connection therewith, to obtain
and employ professional and technical advice, appoint citizens' committees,
commissions and boards.[Added 8-14-2012 by L.L. No. 9-2012]
[Amended 8-14-2012 by L.L. No. 9-2012]
A. The County Executive shall designate in writing,
and in order of succession, the person or persons who shall serve
as Acting County Executive in the event that he or she resigns, dies
or certifies in writing and files with the County Clerk a statement
that he or she is unable to perform and/or exercise the powers and
duties of the office of County Executive, or in the event that, upon
advice sought by a majority of the whole number of members elected
to the Ulster County Legislature by formal action not subject to veto
by the County Executive, his or her inability to serve is certified
by qualified and competent medical authority.
B. Only persons incumbent in County government
may be designated to any list of succession for possible service as
Acting County Executive.
C. If a vacancy occurs in the office of County Executive other than by regular expiration of the term, the person designated under § C-29A as the first successor shall become Acting County Executive until the vacancy is filled in accordance with subsections D, E and F of this section. Should the person designated as the first successor be unable to perform and/or exercise the duties of the office, then the person next designated under § C-29A shall become the Acting County Executive. The Acting County
Executive shall hold office until and including the 31st day of December
succeeding the first annual election at which the vacancy can be filled
by election. A vacancy occurring in the office of County Executive
before the 20th day of September of any year shall be filled at the
next general election as provided by the Public Officers Law.
D. If the vacancy in the office of the County
Executive occurs more than 180 days before the next general election,
it shall be filled for the remainder of the unexpired term by a special
election to be held no later than 90 days from the date the vacancy
occurs. The person so elected shall serve for the balance of the unexpired
term commencing 30 days from the date of the certification by the
Board of Elections. The Acting County Executive shall continue to
serve until such time as the person so elected takes office. Notice
of a special election called hereunder shall be in a manner set forth
in election law for notice of a general election. It shall be the
duty of the Board of Elections to prepare ballots, voting machines
and other matters so that such election may be properly held and conducted.
Notwithstanding any law to the contrary, the expenses of a special
election conducted pursuant to this section shall be borne by the
County, except where the special election will be held on the date
of a primary election or the next general election. This
provision shall not apply if the office of County Executive becomes
vacant.
E. If said vacancy may be filled by a general
election to be held no more than 180 days after the vacancy occurs,
then no special election shall be held, and the vacancy shall be filled
by a general election. The person so elected at the general election
shall serve for the balance of the unexpired term and shall take office
on the first day of January next succeeding the vacancy.
F. 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 and/or exercise the duties of the office by competent
medical authority, that authority may file a retraction in writing
with the County Clerk, and thereafter the County Executive may immediately
resume service in that office so long as he or she has not been replaced
at a special or general election.
G. Commencing with the enactment of these provisions,
the County Executive shall, on or before December 1, 2012, and for
every new County Executive entering into a term thereafter on the
first day of such term, be authorized to file the name of two persons
to serve as Acting County Executive to take effect immediately. Within
10 days thereafter, the County Executive shall file a list with the
County Clerk and Clerk of the County Legislature consisting of a list
of one or more names to serve as Acting County Executive. Such list
shall take precedence over the first persons initially designated
45 days after the filing of such list. Such list may be modified from
time to time, but shall not take effect until the expiration of 45
days, the entire duration of which the County Executive who filed
such list shall have had to remain in office, or such list shall not
otherwise take effect. During such forty-five-day period, the prior
list shall remain in effect. 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 his or
her office, the County Legislature shall appoint a person then serving
in County government to serve as Acting County Executive.
H. The Acting County Executive shall have all the powers and
perform all the duties of the County Executive.
The County Executive may be removed
from office only in accord with provisions and in the manner provided
in the New York State Constitution and the Public Officers Law.
The County Executive shall not be an officer, director or stockholder of any depository or depositories designated by him/her pursuant to §
C-25J of the Charter, nor in any business proposing to supply equipment, supplies, materials or service to the County.
The Seal of the County of Ulster shall be the
Seal of the County Executive. Such Seal shall be used for all authorized
and required purposes.
The County Executive, and such of his or her
deputies, officers and employees as the County Legislature or the
County Executive shall require, shall file a surety bond to the County
in a sum fixed by the County Legislature conditioned for the faithful
performance of his or her duties. Such bond shall be approved as to
form by the County Attorney and as to sufficiency of surety by the
Chair of the County Legislature, and shall be filed with the County
Clerk. It shall be a charge on the County.