The executive branch of the county government shall consist
of the County Executive and all officers, agents, and employees under
his supervision and authority.
All executive power vested in Wicomico County by the Constitution
and laws of Maryland and this Charter shall be vested in the County
Executive, who shall be the chief executive officer of the county,
and who shall faithfully execute the laws. The County Executive shall
devote his full time to the duties of the office. The duties and responsibilities
of the County Executive shall include, but not be limited to:
A. Preparing and submitting to the Council the annual county budget in the manner and form provided in Article
VII of this Charter;
B. Preparing and submitting to the Council and the public, within six
months after the close of the fiscal year, an annual report on the
activities and accomplishments of the county government, including
a copy of the most recently completed annual audit required by Section
904 of this Charter;
C. Providing the Council with any information concerning the executive
branch which the Council may require for the exercise of its powers;
D. Recommending to the Council such measures for legislative action
as he may deem to be in the best interests of the county;
E. Ensuring that county funds in excess of those required for immediate
needs are invested in the best interests of the county;
F. Signing or causing to be signed on the county's behalf all deeds,
contracts and other instruments; providing, however, that any agreement
with a municipality to enforce laws within that jurisdiction or to
collect municipal taxes shall require County Council concurrence;
and
G. Ensuring that the affairs of the executive branch are properly and
efficiently administered, and that employees of the executive branch
faithfully perform their duties.
H. Overseeing the purchasing agent of the county subject to the public
general and local laws.
The County Executive shall be nominated and elected by the qualified
voters of the entire county at the same time as the members of the
General Assembly are or may be elected under the laws of Maryland
from time to time.
The County Executive shall serve for a term beginning at noon
on the first Tuesday in December next following his election, and
ending at noon on the first Tuesday in December in the fourth year
thereafter or until his successor is elected and takes office.
The County Executive shall have been a resident and a qualified
voter of the county for at least five years immediately preceding
his election or appointment. At the time of election or appointment
the candidate shall have attained the age of twenty-five years. During
the term of office, the County Executive shall not hold any other
office of profit in federal, state, county or municipal government.
The County Executive shall not be eligible for appointment to any
compensated county office or position, except for election or appointment
to the office of County Council member, for one year after the termination
of his term.
The County Executive shall receive compensation of not less
than eighty-five thousand dollars ($85,000.00) per annum. The Compensation
and Allowance Commission shall submit to the County Council its recommendation
for changes in the County Executive's compensation within 15 days
after the beginning of the fourth year of the County Executive's term
pursuant to Section 204. The Commission may recommend an increase
or decrease in the compensation, but in no event shall said compensation
be less than provided in this Charter. The County Council may, by
law passed by an affirmative vote of a majority plus one of the members,
adopt the recommended compensation, or a reduced compensation, but
may not increase the recommended compensation. Any increase or decrease
in compensation which becomes law during one term of office shall
not become effective before the next term.
[Amended 8-2-2016 by Res.
No. 101-2016]
A. A vacancy
in the Office of County Executive shall exist upon the death, resignation,
or removal of the County Executive, or upon his/her forfeiture of
office. In the event of a vacancy, the Director of Administration
shall serve as Acting County Executive until a new County Executive
is appointed, and shall have the same rights, duties, powers and obligations
as an elected incumbent in said office.
B. If a vacancy occurs during the first 12 months of a term, a new County
Executive shall be nominated and elected by the qualified voters of
the County at the same time as members of the House of Representatives
of the Congress of the United States are nominated and elected and
in the manner provided by law. In the interim until a new County Executive
is elected, the vacancy shall be temporarily filled by resolution
by a majority vote of the members of the County Council within 45
days after the vacancy occurs.
C. If a vacancy occurs after the first 12 months of a term, the vacancy
shall be permanently filled by resolution by a majority vote of the
members of the County Council, within 45 days after the vacancy occurs.
D. If the former County Executive whose position is being filled was
a member of a political party, the new County Executive being appointed,
either temporarily or permanently, shall belong to the same political
party as his or her predecessor at the time of the executive's most
recent election and shall possess the same qualifications for office
as provided in Section 405 of this Charter.
E. The new County Executive elected permanently by the County Council
or by the voters shall serve the unexpired term of the former County
Executive and until a successor is duly elected and qualified.
[Amended 6-21-2022 by Res. No. 72-2022]
A. The County
Executive may be removed from office by an affirmative vote of at
least five members of the Council after a public hearing and upon
a finding that the County Executive is unable by reason of physical
or mental disability to perform the duties of office for a continuous
period of six months. The decision of the County Council to remove
the County Executive may be appealed by the County Executive by petition
to the Circuit Court for Wicomico County within 10 days following
the County Council's vote to remove. Upon the filing of a petition,
the Court may stay the removal pending its decision. The Court shall
make independent determinations of fact, and its decision may be appealed.
B. The County Executive may be censured by an affirmative vote of at
least five members of the County Council for actions which are repeated,
substantial violations of this Charter.
The County Executive shall immediately forfeit the office if
he ceases to be a qualified voter of the county or is convicted of
a felony or a crime involving moral turpitude.
[Amended 8-2-2016 by Res.
No. 101-2016]
In the event of the temporary absence or disability of the County
Executive, the Director of Administration shall perform the duties
of the County Executive. An Acting County Executive under this section
shall have the same rights, duties, powers, and obligations as an
elected incumbent in said office.
The County Executive shall appoint a Director of Administration who shall be selected on the basis of his qualifications as a professional administrator and shall serve at the pleasure of the County Executive. The salary of the Director of Administration shall be fixed by the County Executive, subject to the provisions of the budget. The Director of Administration shall perform administrative duties and exercise general supervision over the departments and agencies of the executive branch as the County Executive may direct. Prior to assuming the duties of the office, the Director of Administration shall be a resident of the county and shall continue to reside in the county for the duration of his term of office. The Director of Administration shall cause all county budgets to be prepared and submitted to the County Executive for modification, approval and submission to the County Council. Such budgets shall be prepared in the manner and form provided in Article
VII of this Charter. In addition, the Director of Administration shall study the organization, methods, and procedures of each department of the county government and submit to the County Executive periodic reports on their efficiency and economy.
[Amended 8-13-2018 by Res. No. 82-2018]
The County Executive shall appoint a single officer to head
each department or agency of the executive branch, the Director of
Administration, and the Assistant Director of Administration and may
remove the same at his discretion, and shall also appoint the deputy
directors of each such department or agency. Within six months after
each election for County Executive, the County Executive shall appoint
the Director of Administration, and the Assistant Director of Administration
and all heads of each department or agency of the executive branch
as defined by Section 502 and 503 of this Charter and the Code of
Wicomico County, subject to confirmation by the Council as required
by Section 315 of this Charter, provided that this sentence does not
apply to the then appointed and serving deputy directors. The County
Executive shall also appoint the members of all boards and commissions
in the executive branch, except as otherwise provided for by law,
subject to confirmation by the Council as required by Section 315
of this Charter. All employees of the executive branch, other than
those specifically provided for in this Charter or the Code of Wicomico
County, shall be appointed and removed by the heads of the several
agencies of the county government in accordance with the provisions
of the County Personnel Law.