[Amended 8-28-1980 by L.L. No. 5-1980]
A.
County Executive. The executive and administrative
branch of County government shall be headed by the County Executive.
The County Executive shall be the elective chief executive officer
of the County.
B.
Election. The County Executive shall be elected at
the general election in 1983 and every fourth year thereafter at the
general election. The person elected shall take office on January
first, immediately succeeding the election.
C.
Term. The County Executive shall serve a four-year
term. No person shall serve as County Executive for more than three
consecutive terms. If a person fills a vacancy in the office of County
Executive and more than two years remain in that term, such person
shall be eligible to serve two additional four-year terms; if less
than two years remain in that term, such person shall be eligible
to serve three additional four-year terms. Any person who has served
as County Executive for three consecutive terms or the equivalent
as prescribed above shall thereafter be disqualified to serve as County
Executive for a period of four years. The provisions of this paragraph
shall not apply to service as County Executive prior to the first
day of January, 1996.
[Amended 6-8-1993 by L.L. No. 7-1993,
approved 6-28-1993[1]]
[1]
Editor's Note: This local law passed referendum
at the general election held on November 2, 1993.
D.
Qualifications. At the time of election and throughout
the term of office, the person elected to the office of County Executive
shall be a qualified elector of Monroe County. The entire time of
the County Executive shall be devoted to the duties of this office.
The County Executive shall hold no other public office, except as
provided in this Charter.
E.
Compensation. The County Executive shall receive such
compensation as shall be fixed by the County Legislature, but in no
event shall such compensation be diminished during a term for which
he or she shall have been elected.
[Amended 8-28-1980 by L.L. No. 5-1980]
A.
In addition to any other powers and duties provided
by applicable law of the State of New York, this Charter and the Administrative
Code, the County Executive shall have the following powers and duties:
(1)
To be the chief executive officer and administrative
head of County government.
(2)
To approve or veto any local law, legalizing act or
resolution, as set forth in § C2-7A(3) of this Charter.
(3)
To supervise the collection of all revenues and the
making of all expenditures and to secure proper accounting for all
funds of County government.
(4)
To oversee the physical property of the County, to
exercise general supervision over all County institutions and agencies
and to coordinate the various activities of the County and unify the
management of its affairs.
(5)
To execute and enforce all resolutions and orders
of the County Legislature and see that all laws required to be enforced
through the Legislature or other County officers subject to its control
are faithfully executed.
(6)
To attend all meetings of the County Legislature and
recommend such action by said Legislature as may be deemed expedient
or necessary.
(7)
To exercise supervision and control of all departments,
offices and other County agencies with heads appointed by the County
Executive and, within the limits set forth in this Charter and the
Administrative Code, to prescribe the internal organization of such
departments, offices and other agencies and to recommend the assignment
or reassignment of or, where expressly provided for in this Charter,
to assign or reassign functions within the administrative structure.
[Amended 6-28-1988 by L.L. No. 4-1988,
approved 7-21-1988]
(8)
To possess all the powers and duties of the heads
of departments, offices and other County agencies, where such heads
are appointed by the County Executive, unless otherwise required by
law; such powers and duties shall be exercised and performed by such
heads under the direction of the County Executive.
(9)
To serve as the head of one or more of the departments,
offices or other agencies of the County government not administered
by an elective official.
(10)
To appoint, at his or her discretion, a board of citizens
to act in an advisory capacity to the head of any department or office,
the members of which board shall serve without compensation and shall
consult and advise with the officer in charge of the department or
office for which they are appointed, but shall not direct the conduct
of such department or office.
(11)
As delegated by the County Legislature and set forth in § A5-5 of the Administrative Code, to create and abolish positions in the classification, compensation plan and salary schedule established by the County Legislature, within budgetary appropriations therefor adopted by the County Legislature.
(12)
To appoint the heads of all departments, offices and
other agencies, except as otherwise provided in this Charter or as
mandated by other applicable law; to appoint deputy directors within
Monroe County departments who shall act for and in place of the Director
or head of the department; all such appointments shall be on the basis
of the ability, training and experience of the appointees which fit
them for the work which they are to perform and pursuant to any qualifications
specified in this Charter, the Administrative Code or other applicable
law.
[Amended 6-28-1988 by L.L. No. 4-1988,
approved 7-21-1988; 6-11-2002 by L.L. No. 4-2002, approved 7-8-2002]
(13)
To dismiss, remove, suspend or lay off the heads and deputy directors of all departments, offices and other agencies where such heads or deputy directors are appointed by the County Executive or upon the County Executive's approval, subject to the Civil Service Law of the State of New York and other applicable law and pursuant to applicable procedures set forth in § A5-4 of the Administrative Code.
[Amended 6-28-1988 by L.L. No. 4-1988,
approved 7-21-1988; 6-11-2002 by L.L. No. 4-2002, approved 7-8-2002]
(14)
To be the chief budget officer of the County; to be responsible for the preparation and submission to the County Legislature of the annual budget and the capital improvement program of the County, in the manner provided by Article IV of this Charter and Article IV of the Administrative Code; and to execute said budget and capital improvement program in accordance with the resolutions and appropriations made by the County Legislature.
(15)
To keep the County Legislature at all times fully
advised as to the financial condition and needs of the County and
to file with the County Legislature an annual monthly report of the
financial affairs of the County in accordance with § C4-8
of this Charter.
(16)
To examine regularly the books and papers of every
department, office and other agency of the County and report thereon
to the County Legislature; and order an audit of any department, office
or other agency of the County at any time.
(17)
To execute any agreement or contract on behalf of the County, in accordance with law, and as may be authorized by the County Legislature; as delegated by the Legislature and set forth in § A5-6 of the Administrative Code, to authorize, enter into and execute any agreement or contract on behalf of the County, within budgetary appropriations therefor adopted by the Legislature.
[Amended 9-14-1983 by L.L. No. 3-1983]
(18)
To designate one or more depositories located within
the County for the deposit of moneys received by the County.
(19)
To fix the compensation of all County officers and
employees appointed by the County Executive or a subordinate, subject
to the provisions of § C2-6C(6) of this Charter.
(20)
To be responsible for the negotiation of labor agreements
with recognized employee organizations, pursuant to applicable laws
of the State of New York.
(21)
To propose such amendments to this Charter and the
Administrative Code as deemed necessary to establish standard operating
procedures for the administration of the County.
(22)
To review and submit to the County Legislature the Comprehensive Development Plan in accordance with § A10-3 of the Administrative Code.
(23)
To have all necessary incidental powers to perform
and exercise any of the duties and functions specified in this section
or lawfully delegated to the County Executive.
(24)
To perform such other duties and have such other powers
as may be prescribed for the County Executive by law, administrative
code, ordinance or resolution or as may be prescribed by the County
Legislature.
B.
In addition to the powers set forth in this Charter
and notwithstanding any other provisions of law, the County Executive
shall have and be responsible for the exercise of all executive and
administrative powers in relation to any and all functions and activities
of County government not otherwise specified in this Charter, including
but not limited to the following:
(1)
The collection of taxes, license fees and other revenues
of the County, insofar as the County has legal responsibility for
such collection.
(2)
The custody and accounting of all public funds belonging
to or handled by the County.
(3)
The purchase of all supplies for the County.
(4)
The care of all County buildings.
(5)
The care and custody of all the personal property
of the County.
(6)
The entry and preservation of such public records
as the law requires.
(7)
The construction and maintenance of County highways
and bridges.
(8)
The care of the poor, the operation of County charitable
and correctional institutions and other public welfare activities
of the County.
(9)
Any or all matters of property and business in connection
with the administration of school districts and other governmental
units within the County which shall be delegated to him by these units
with the approval of the County Legislature.
(10)
Such other activities of the County as are not specifically
assigned to some other officer or agency by this Charter.
[Amended 8-28-1980 by L.L. No. 5-1980; 6-28-1988 by L.L. No.
4-1988, approved 7-21-1988; 4-4-1989 by L.L. No. 2-1989,
approved, 5-1-1989]
A.
Requests for legitimate information allowed. The County
Legislature, its committees and its members shall be entitled to request
and obtain legitimate information on a County agency from the County
Executive or from any County officer or agency head.
B.
Interference prohibited.
(1)
Nothing in the foregoing shall be construed to allow
the County Legislature or any member thereof to publicly or privately
direct, give orders to or in any way interfere with either the work
or duties of any officer or employee under the jurisdiction of the
County Executive or with the internal policies and procedures of the
County administration.
(2)
Neither the County Legislature nor any of its committees
or members shall direct or request the appointment of any person to
or the removal of any person from an office or position by the County
Executive; or direct or request the appointment or removal of any
of the officers under the County Executive's jurisdiction; or in any
manner take part in the appointment or removal of officers or employees
of agencies which are subject to the jurisdiction of the County Executive,
except as otherwise may be provided in this Charter.
(3)
Interference by County Executive with County Legislature's
powers and duties. The County Executive shall not interfere with the
powers and duties of the County Legislature.
[Amended 8-28-1980 by L.L. No. 5-1980]
A.
Appointment. The County Executive shall appoint a
Deputy County Executive to serve at the pleasure of the County Executive.
Such appointment shall not be subject to confirmation by the Legislature.
B.
Powers and duties. The Deputy County Executive shall
have the following powers and duties:
(1)
At the direction of the County Executive, to act in
the place of the County Executive when the County Executive is absent.
(2)
To supervise such officers and employees as may be
assigned, in writing, by the County Executive.
(3)
To perform such other duties as may be assigned by
the County Executive.
(4)
In the event that the office of County Executive becomes
vacant, the Deputy County Executive shall act as the County Executive
until the vacancy is filled as provided in § C3-6 of this
Charter.
[Amended 8-28-1980 by L.L. No. 5-1980]
The County Executive may be removed by the Governor
as set forth in the State Public Officers Law for the removal of other
County officers.
[Added 8-28-1980 by L.L. No. 5-1980]
A.
The office of County Executive shall be deemed vacant
upon the office holder's death, resignation, removal from office in
any manner authorized by law or forfeiture of his or her office.
B.
The County Executive shall forfeit the office held
if such officer lacks at any time during the term of office any qualification
for the office prescribed by this Charter or by law.
C.
The County Legislature shall fill a vacancy in the
office of County Executive by appointing, by majority vote of the
whole body, a qualified elector of the County who is registered in
the same political party as the person who vacated the office.
D.
Any person filling a vacancy as set forth in Subsection C of this section shall hold office until the first day of January following the first annual election held after the vacancy for which nominating petitions can be filed pursuant to the State Election Law, at which election a successor shall be elected either for the remainder of the unexpired term, if any, or for a full term of four years, whichever the case may be.
