Except as otherwise provided in this Charter or in state law,
all departments, offices and agencies of the county government shall
be subject to the direction, supervision, and control of the County
Executive.
A.
Distribution of duties. The activities under the direction and supervision
of the County Executive shall be distributed among such departments,
offices and agencies as are established by this Charter or as may
be established by law.
B.
Departmental officers. Each department, office or agency created
shall be administered by an officer who shall be appointed by the
County Executive. The salary of such officer or officers shall be
fixed by the County Executive, subject to the provisions of the budget.
C.
Same; suspension or removal. All officers and employees appointed
by the County Executive may be suspended or removed from office upon
the written order of the County Executive, except that no such suspension
or removal may be ordered because of race, national origin, religious
opinion or religious affiliation of said officer.
D.
Same; powers. The head of the appropriate department shall appoint
and fix compensation, subject to the approval of the County Executive
and the budget limitations and personnel regulations provided in this
Charter, of all personnel of the department, and such department heads
shall have the right and power to suspend or remove any personnel,
subject to said personnel regulations.
A.
Departments. The administrative organization shall, except as otherwise
provided herein, consist of the following departments:
1.
Department of Law
2.
Department of Human Resources
3.
Department of Finance
4.
Department of Planning, Zoning and Community Development
5.
Department of Public Works
6.
Department of Recreation, Parks and Tourism
7.
Department of Corrections
8.
Department of Information Services
9.
Department of Emergency Services
10.
Wicomico Partnership for Families and Children
11.
Department
of Aviation.
[Added 11-8-2022 by referendum]
B.
Creation, merger or abolition. Offices and departments may be created,
merged or abolished only by legislative act proposed by the County
Executive and passed by the County Council. New divisions of existing
offices and departments shall not be created except by legislative
act proposed by the County Executive and passed by the County Council.
C.
Assignment of duties. Existing or additional duties and functions
may, however, from time to time be assigned to or reassigned among
existing offices or departments by directive of the County Executive
or by legislative act of the County Council.
A.
Plan of reorganization. In the event, the County Executive deems
substantial reorganization within the executive branch to be in the
best interest of efficient government, he shall prepare a reorganization
plan. Accompanying each reorganization plan shall be a detailed explanation
of the reasons for reorganization and an evaluation of the financial
impacts. The executive reorganization plan shall be submitted to the
Council at least sixty (60) days prior to the submission of the current
expense budget within which the reorganization is proposed for funding.
Within sixty (60) days of such submission the Council shall introduce
the plan in the form of a bill.
B.
Reorganization of departments under state law. If the General Assembly
shall at any time transfer to the voters of the county or to the Council
jurisdiction or control over the affairs of any of the departments
of the county government by law or by this Charter, then to the extent
of such transfer, the Council may by legislative act provide for the
reorganization of such departments and the administration of their
affairs within the executive branch under county law.
C.
Exemption. The Department of Law is not subject to executive reorganization.
D.
As used in this article, "reorganization" shall include:
[Added 8-2-2016 by Res.
No. 101-2016]
1.
A management initiated rearrangement of reporting relationships,
in terms of financial compensation, of multiple positions within or
between departments, offices or agencies, or
2.
Any change which prescribes, alters or defines functions and responsibilities
and allocates, reallocates, expands or deletes powers of various departments,
agencies, boards and other bodies of the Executive Branch.
A.
Director; appointment. There shall be a Department of Finance under
the immediate direction of a Director of Finance, who shall be appointed
on the basis of education and experience in financial administration.
The Director of Finance shall be appointed and removed and his salary
fixed in accordance with Section 502B of this Article.
B.
Same; powers and duties. Except as otherwise provided in Article X of this Charter and subject to the public and general local laws, the Director of Finance shall have and exercise all the powers and duties formerly vested in or imposed upon the County Treasurer, and is hereby designated as the collector of state taxes in the county. The Director of Finance shall have charge of the administration of the financial affairs of the county, including:
1.
The preparation and mailing of all tax bills and notices of special
assessments in the county.
2.
The collection of state and county taxes, special assessments, urban
service charges, fees and other revenues, and funds of every kind
due to the county; and such taxes, special assessments, charges, fees
and other revenues, and funds of every kind due to any municipality,
now or hereafter in said Wicomico County, with which the County may
have entered into a contract and/or agreement for the performance
of the duties listed above by said Director of Finance.
3.
The custody and safekeeping of all funds and securities belonging
to or by law deposited with, distributed to or handled by the county.
4.
The keeping and supervision of all accounts.
5.
The disbursement of county funds and the responsibility for the detection
of all payroll items, vouchers, bills and other claims or demands
that are fraudulent, erroneous, unauthorized by law or otherwise invalid,
which said matters shall be referred to the County Attorney for further
action in accordance with law.
6.
The accounting for county funds and property, including securities,
special bonds and insurance policies, and the making of reports thereon.
7.
The preparation of a monthly statement of the receipts and expenditures
of the county during the preceding month and such other information
as the County Executive shall request, which statement shall be provided
to the County Council and made public.
[Amended 7-20-2010 by Res. No. 113-2010]
9.
The preparation of annual financial reports, which shall be made
public.
10.
The performance of such other duties, not inconsistent with those
herein enumerated, as may be required by the County Executive or by
law.
C.
Expenditures; obligations. No money shall be drawn from the treasury
of the county, nor shall any obligation for the expenditure of money
by the county be incurred by any officer, board or commission authorized
to expend county money, except in pursuance of law or of the appropriation
or allotment therefor.
D.
Fees. All fees received by all county officers or employees in connection
with their official duties shall be accounted for and paid into the
county treasury.
A.
Director; appointment. There shall be a Department of Public Works
under the immediate direction of a Director of Public Works who has
graduated with an engineering degree from a college or university
having an accredited engineering curriculum of four (4) years. The
Director of Public Works shall be appointed and removed and his salary
fixed in accordance with Section 502 of this Charter.
B.
Same; duties. The Director of Public Works shall be charged with
the following duties and responsibilities:
1.
Performance of such engineering duties and engineering work in regard
to the property and affairs of the county as the County Executive
may require.
2.
The direction of the preparation of plans and specifications and
the supervision of all construction and maintenance work undertaken
by the county.
3.
To serve as an advisor to the County Executive and to undertake the
planning and construction of any project requested by the County Executive.
4.
The planning, construction and maintenance of all streets, highways
and roads in said county, and the County Roads Engineer shall work
under the control and authority of said Director.
5.
At the discretion of the County Executive, the Director may serve
as the Engineer to the Wicomico County Planning and Zoning Commission
and, if appointed to serve in this capacity, shall make studies for
and recommendations to said Planning and Zoning Commission in all
matters pertaining to land planning and zoning.
A.
Appointment, compensation, removal. The Department of Law shall be
administered by the County Attorney, who shall be a member in good
standing of the bar of the Maryland Court of Appeals for at least
five years and shall have been actively engaged in the general practice
of law in the State of Maryland for at least five years immediately
prior to his or her appointment. The County Attorney shall be appointed
in accordance with Section 413 and his compensation shall be as established
in the budget.
[Amended 8-7-2012 by Res.
No. 131-2012; 11-8-2022 by referendum]
|
The County Attorney shall serve at the pleasure of the Executive.
| |
|
If the County Attorney ceases to be a member in good standing
of the bar of the Maryland Court of Appeals, or is convicted of any
crime involving moral turpitude, he or she shall immediately forfeit
his or her office.
|
B.
Functions. The County Attorney shall be the legal advisor of the
county and of its several offices, departments, boards, commissions
and other agencies. The County Attorney shall issue upon request,
give advice and opinions upon any legal questions affecting the interests
of the county when the same are submitted: (1) by written request
of a County Councilman, (2) by written request of the County Executive,
or (3) with the approval of the County Executive, by written request
of the head of any office or department in the executive branch or
any board, commission or agency. All deeds, bonds, contracts, releases,
agreements, advertisements, bids and other legal papers, documents
and instructions involving the interests of the county to be executed
and approved by any officer of the county shall be submitted to the
County Attorney and shall be approved by the County Attorney in writing
as to their form and legal sufficiency in compliance with the laws
and conditions under which executed. The County Attorney shall have
the right of access at all times to the official records of any office,
department, board, commission or agency of the county. Before the
County Executive signs any ordinance passed by the County Council,
the County Attorney shall review the ordinance and advise the County
Executive as to its legality. The County Attorney shall have such
additional legal duties as may from time to time be provided by ordinance
not inconsistent herewith.
C.
Representation. The County Attorney shall represent the county in
all actions in which the county is a party, except as herein provided.
D.
Same, County Council. The County Attorney shall, at the request of
the County Council, serve as a legal advisor and a legislative draftsman
for the County Council. However, the County Council may elect to employ
other attorneys as provided in Section 304C.
[Amended 8-2-2016 by Res.
No. 101-2016]
E.
Other counsel. Except as otherwise provided for in state law or this
Charter, no department of the County government which receives County
funds shall have any authority or power to employ or retain any legal
counsel. The County Attorney shall serve as counsel for those departments
which receive County Funds.
[Amended 8-2-2016 by Res.
No. 101-2016]
F.
Special counsel. The County Executive may, with the approval of the
Council, employ special legal counsel to work problems of an extraordinary
nature when the work to be done is of such character or magnitude
as to require services in addition to those regularly provided by
the Department of Law.
G.
Limitation. Neither the County Attorney nor any assistant in the
Department of Law may at any time, while holding such office, practice
as an attorney before the Council or any department of the county
government other than to represent the county's interests.
The County Executive may appoint for designated periods one
or more temporary advisory boards of citizens of the county who shall,
without compensation other than necessary expenses, assist in the
consideration of county administrative policies and programs. Advisory
boards appointed by the County Executive under the provisions of this
section shall be subject to the confirmation procedures set forth
in Section 315 of this Charter.
