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.
A. 
Presentation. Within five calendar days of enactment by the Council, any bill, except measures made expressly exempt from the executive veto by the Charter, shall be presented to the office of the County Executive.
B. 
Return. Within twenty-one calendar days after presentation, the bill shall be returned to the County Council with the County Executive's approval or veto.
C. 
Approval. Upon approval by the County Executive, any such bill shall become law. If the County Executive shall fail to return any bill within twenty-one calendar days after the date of its presentation to the office of the County Executive, the Council Administrator shall forthwith record the fact of such failure in the journal, and the bill shall thereupon become law.
D. 
Veto. Upon veto the County Executive shall provide, in writing, a statement of the reasons for the veto. The veto message shall be entered in the journal of the County Council, and not later than at its next legislative session day, the County Council may reconsider the bill. If, upon reconsideration, at least five members of the County Council vote in the affirmative, the bill shall become law.
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.
A. 
Director of Administration, department head. When a vacancy occurs in the position of the Director of Administration or the head of a department or agency of the executive branch, the County Executive shall appoint an Acting Director of Administration or acting head of the department or agency.
B. 
Term. The appointment of any person appointed as "Acting Director of Administration" or acting head of a department may not exceed 90 calendar days, except by Council approval. This appointment may be extended by the Council every 90 calendar days.
[Amended 8-2-2016 by Res. No. 101-2016]
C. 
Procedures instituted. when a vacancy or absence that warrants a temporary appointment occurs, the County Executive shall ensure that the appropriate procedures are immediately instituted to provide a qualified person for the position.