Ulster County, NY Article III Executive Branch

§ A3-1 County Executive. [1]

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.

[1] Editor's Note: See Charter § C-22.

§ A3-2 Election and qualifications. [1]

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.

[1] Editor's Note: See Charter § C-23.

§ A3-3 Term of office. [1]

[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.

[1] Editor's Note: See Charter § C-24.

§ A3-4 Powers and duties of County Executive. [1]

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[2]]

[2] Editor’s Note: This local law was approved at referendum by a majority of the duly qualified voters 11-6-2012.

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[3]]

[3] Editor’s Note: This local law was approved at referendum by a majority of the duly qualified voters 11-6-2012.

[1] Editor's Note: See Charter § C-25.

§ A3-5 Appointment of department heads. [1]

A. Except as otherwise provided in the Charter, the County Executive shall appoint, to serve at his or her pleasure during his or her term of service, or for such term as may be specified in the Charter, the head of every department or other administrative unit not administered by an elective official.

B. The appointment by the County Executive of the head of each department or other administrative unit shall, unless otherwise specified in the Charter, be subject to the confirmation by the County Legislature by vote of a majority of the whole number of members elected to that body, taken at a regular or special meeting pursuant to § C-15 of the Charter.

[Amended 8-14-2012 by L.L. No. 9-2012[2]]

[2] Editor’s Note: This local law was approved at referendum by a majority of the duly qualified voters 11-6-2012.

C. All appointments, whether or not subject to confirmation of the County Legislature, shall be in writing, signed by the County Executive, and filed in the office of the Clerk of the County Legislature within 10 days after the date of appointment. Except as otherwise provided in the Charter, no such appointee shall hold office beyond the term of the County Executive by whom the appointment was made. Unless removed, an appointee shall continue to serve until his or her successor is appointed and has qualified, or until an interim appointment is made.

D. Upon confirmation by the County Legislature and qualifying for the office, an appointee to a position of head of a department or other administrative unit shall enter upon the duties of that position.

E. The County Executive may designate a qualified person to serve temporarily or on an interim basis as the head of a department or administrative unit until an appointment is made pursuant to the Charter.

[Amended 8-14-2012 by L.L. No. 9-2012[3]]

[3] Editor’s Note: This local law was approved at referendum by a majority of the duly qualified voters 11-6-2012.

F. All other officers and employees of each department or other administrative unit shall be appointed by the head of that department or administrative unit, unless otherwise provided by the Charter.

G. The County Executive may appoint one person as head of two or more departments or other administrative units or may serve himself or herself as the head of one or more administrative units or departments, subject to all requirements in the Charter and/or law as to qualifications.

[1] Editor's Note: See Charter § C-26.

§ A3-6 Deputy County Executive(s). [1]

A. The County Executive may appoint or designate one or more Deputy County Executive(s), within the limits of appropriation set by the County Legislature, who shall serve at the pleasure of the County Executive. The Deputy County Executive(s) shall have the authority to act generally for and in place of the County Executive.

B. The position of Deputy may also be an additional title which may be designated by the County Executive for a department head. In such instance(s), in addition to department head duties, the Deputy County Executive shall directly consult with and advise the County Executive on problems and decisions relative to County operations, assist in the formulation of County-wide policies and procedures, act as the chief deputy administrator on behalf of the County Executive, and perform such duties as delegated by the County Executive.

C. The designation of an order of succession for the position of Deputy County Executive shall be filed with the County Clerk and the Clerk of the County Legislature and may be revoked at any time by the County Executive filing a new written designation of order of succession.

[1] Editor's Note: See Charter § C-27.

§ A3-7 Advisory committees, commissions and boards. [1]

Members of all committees, commissions and boards appointed pursuant to § C-25H of the Charter shall serve at the pleasure of the County Executive without compensation other than for actual and necessary expenses within appropriations made therefor, unless otherwise provided by resolution of the County Legislature; provided, however, that in the case of individuals appointed hereunder for definite terms, no removal shall be made until the person to be removed has been served with notice of the reasons for such removal and given an opportunity to be heard publicly if he or she desires thereon by the County Executive. The decision of the County Executive shall be final.

[1] Editor's Note: See Charter § C-28.

§ A3-8 Acting County Executive. [1]

[Amended 8-14-2012 by L.L. No. 9-2012[2]]

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.

[1] Editor's Note: See Charter § C-29.

[2] Editor’s Note: This local law was approved at referendum by a majority of the duly qualified voters 11-6-2012.

§ A3-9 Removal of County Executive. [1]

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.

[1] Editor's Note: See Charter § C-30.

§ A3-10 Conflict of Interest.

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.

§ A3-11 Seal of County Executive.

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.

§ A3-12 Bond of County Executive.

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.