Harford County, MD Article IV Administrative Organization

Section 401 Supervision and control.

Except as otherwise provided in this Charter or in state law, all agencies of the County government shall be subject to the direction, supervision, and control of the County Executive.

Section 402 Agencies of the Executive Branch.

[Amended by Bill No. 88-35]

In the Executive Branch of the County government there shall be a Department of Law, a Department of the Treasury, a Department of Planning and Zoning, a Planning Advisory Board, a Department of Public Works, a Public Works Advisory Board, a Department of Parks and Recreation, a Parks and Recreation Advisory Board, a Human Relations Commission, a Personnel Advisory Board, a Department of Procurement and any other agencies established by law.

Section 403 Department of Law.

(a) The Department of Law shall be administered by the County Attorney. At the time of appointment, the County Attorney shall have been a member in good standing of the Bar of the Maryland Court of Appeals for at least five years and, prior to assuming the duties of office, shall be domiciled in the County.

(b) The County Attorney shall be the chief legal officer of the Executive Branch in all matters and shall be responsible for all the legal affairs of the Executive Branch. Except as otherwise provided for in state law or this Charter, no agency of the County government which receives County funds shall have any authority or power to employ or retain any legal counsel other than the County Attorney.

[Amended by Bill No. 76-35]

(c) The County Executive may, with the approval of the Council, employ special legal counsel to work on 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.

(d) 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 agency of the County government other than to represent the County's interests.

Section 404 Department of the Treasury.

(a) The Department of the Treasury shall be administered by the Treasurer. The Treasurer shall be appointed on the basis of knowledge and experience in governmental accounting and financial administration, of which at least five years shall have been in an executive or supervisory capacity.

(b) The Treasurer shall be the custodian of all County funds, securities, and insurance policies; shall collect taxes, special assessments, license fees, and other revenue; manage indebtedness; invest and disburse County funds; conduct internal audits of all County offices; prepare an annual financial report containing a detailed account of all monies received and paid out by the County; and perform such other functions as may be prescribed by law.

Section 405 Department of Planning and Zoning.

(a) The Department of Planning and Zoning shall be administered by the Director of Planning who shall have a degree from a recognized college or university and shall have completed a program of studies in city and urban planning of sufficient scope for acceptance to membership in the American Institute of Planners. At the time of appointment, the Director of Planning shall have had five years' experience in an executive position with a planning or zoning agency of a state or local government.

(b) The Director of Planning shall be charged with the responsibility and duty of planning for the physical development and growth of the County, including the preparation and revision of master plans and the preparation and revision from time to time of rules and regulations governing subdivisions and shall also be responsible for the preparation, administration, and enforcement of a zoning map and of zoning rules and regulations which shall constitute a zoning code. All plans and maps and all rules and regulations relating to planning and zoning shall be approved by legislative act of the Council prior to their taking effect as law.

Section 406 Planning Advisory Board.

(a) There shall be a Planning Advisory Board consisting of five qualified voters of the County. Members of the Planning Advisory Board shall be appointed by the County Executive for terms coterminous with the Executive's and confirmed by the Council. Not more than three members of the Board shall be members of the same political party. Vacancies shall be filled for the unexpired term in the manner of original appointment. Each member shall serve until a successor is appointed and qualified. A member of the Board may be removed only for cause by the County Executive subject to approval by the Council. The County Executive shall designate a member of the Board as chair.

(b) The Planning Advisory Board shall hold at least ten regular monthly meetings each year, but special meetings may be held at any time at the call of the chair. The Board shall adopt rules for the transaction of its business. It shall hold hearings at its discretion or upon written request of the County Executive or of the Council on any matter pending before the Board. It shall keep a record of its transactions, findings, determinations, and decisions, and it shall keep minutes of its proceedings, all of which shall be filed with the Director of Planning and shall be public records.

(c) The Planning Advisory Board shall make recommendations to the Director of Planning and the Council relating to master plans, zoning maps, and rules and regulations relating to planning and zoning. At such times as the County Executive shall fix, the Planning Advisory Board shall consider an itemized list of all capital projects and the capital improvement program which all agencies of the County government propose to undertake in the ensuing fiscal year and the next succeeding five fiscal years thereafter. After consideration by the Planning Advisory Board, the Director of Planning shall transmit to the County Executive, together with recommendations, a list of projects recommended by said Board to be undertaken in the periods aforesaid and its estimate of the cost thereof. At least once every eight years, the Board shall prepare general guidelines for use by the Department of Planning and Zoning in the preparation or revision of master plans. The County Executive or the Council may provide for reference to the Board, for review and recommendations, any additional matters relating to the Board's functions and duties.

Section 407 Department of Public Works.

(a) The Department of Public Works shall be administered by a Director of Public Works. The Director shall be a registered professional engineer licensed under the provisions of the law of this state or any other state and shall have had a responsible position in engineering management over a period of at least five years prior to appointment and shall have a demonstrated ability to manage public works and utilities that will, in the judgment of the County Executive and Council, provide the qualifications to perform the duties and responsibilities of the Director of the Department of Public Works.

[Amended by Bill Nos. 76-43; 88-36]

(b) The Director of Public Works shall be responsible for the performance of all functions and duties involving:

(1) Public works or utilities survey reports, maps, drawings, specifications, and estimates;

(2) The supervision of the execution and performance of all contracts for capital projects;

(3) The construction of capital projects by County employees;

(4) The construction, maintenance, and cleaning of roads, streets, alleys, bridges, viaducts, subways, and underpasses;

(5) The acceptance of roads and dedicated ways as prescribed by law;

(6) The maintenance of water mains, sewers, drains, and culverts;

(7) The maintenance and operation of sewage disposal and treatment plants;

(8) The collection of garbage and other refuse and the operation and maintenance of facilities for its disposal;

(9) The regulation, operation, maintenance, and control of water supply; and

(10) Such other duties as may be provided from time to time by directive of the County Executive or by legislative act of the Council not inconsistent with this Charter.

Section 408 Public Works Advisory Board.

(a) There shall be a Public Works Advisory Board consisting of five qualified voters of the County. Members of the Public Works Advisory Board shall be appointed by the County Executive for terms coterminous with the Executive's and confirmed by the Council. Not more than three members of the Board shall be members of the same political party. Vacancies shall be filled for the unexpired term in the manner of original appointment. Each member shall serve until a successor is appointed and qualified. A member of the Board may be removed only for cause by the County Executive subject to approval by the Council. The County Executive shall designate a member of the Board as chair.

(b) The Public Works Advisory Board shall make recommendations to the County Executive and the Council relating to plans, policies, and programs on any matter under the jurisdiction of the Department of Public Works. The County Executive or the Council may provide for reference to the Board, for review and recommendations, any additional matters related to the Board's functions and duties.

Section 409 Department of Parks and Recreation.

(a) The Department of Parks and Recreation shall be administered by the Director of Parks and Recreation. The Director shall be thoroughly trained in theory and practice relating to parks and recreation and the operation and maintenance of park and recreation facilities. At the time of appointment, at least five years of experience shall have involved a position of administrative leadership and responsibility in a government park or recreation agency.

(b) The Director of Parks and Recreation shall be responsible for the organization and conduct of recreation programs and the operation of parks, playgrounds, and other recreational facilities. The Director shall encourage the development of cooperative programs and joint use of facilities with the Board of Education and shall have such other duties as may be provided from time to time by directive of the County Executive or by legislative act of the Council not inconsistent with this Charter.

Section 410 Parks and Recreation Advisory Board.

(a) There shall be a Parks and Recreation Advisory Board consisting of seven qualified voters of the County. Members of the Parks and Recreation Advisory Board shall be appointed by the County Executive for terms coterminous with the Executive's and confirmed by the Council. Not more than four members of the Board shall be members of the same political party. Vacancies shall be filled for the unexpired term in the manner of original appointment. Each member shall serve until a successor is appointed and qualified. A member of the Board may be removed only for cause by the County Executive subject to approval by the Council. The County Executive shall designate a member of the Board as chair.

(b) The Parks and Recreation Advisory Board shall make recommendations to the County Executive and the Council relating to plans, policies, and programs for public recreation, the organization of recreation councils, the operation and maintenance of public parks, and the acquisition of land for public parks. The County Executive or the Council may provide for reference to the Board, for review and recommendations, any additional matters related to the Board's functions and duties.

Section 411 Human Relations Commission.

(a) There shall be a Human Relations Commission consisting of fifteen qualified voters of the County. Members of the Human Relations Commission shall be appointed by the County Executive for terms coterminous with the Executive's and confirmed by the Council. Members of the Commission shall be selected to represent all segments of the County population. Vacancies shall be filled for the unexpired term in the manner of original appointment. Each member shall serve until a successor is appointed and qualified. A member of the Commission may be removed only for cause by the County Executive subject to approval by the Council. The County Executive shall designate a member of the Commission as chair.

(b) The Human Relations Commission shall study the nature and causes of social friction in the community and make recommendations to the County Executive and the Council with a view toward alleviating social problems and promoting equality, understanding, and harmonious relations between the citizens of the County. The County Executive or the Council may provide for reference to the Commission, for review and recommendations, any additional matters related to the Commission's functions and duties.

Section 412 Citizen advisory boards.

The Council or 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 not be subject to the confirmation procedures set forth in Section 223 of this Charter.

Section 413 Reorganization.

The County Executive may propose changes in the organization of the Executive Branch, including the establishment or abolition of agencies, and in the assignment of functions, powers, and duties among agencies. Reorganization proposals shall be set forth in executive order in statutory form and be submitted to the Council. The executive order shall become effective and have the force of law sixty calendar days after submission unless disapproved by a vote of at least four members of the Council.

Section 414 Department of Procurement.

[Added by Bill No. 76-48]

(a) The Department of Procurement shall be administered by the Director of the Department of Procurement. The Director shall have had a responsible position in procurement or purchasing over a period of at least five years prior to appointment and shall have a demonstrated ability in the management of procurement or purchasing.

(b) The Director shall be responsible for:

(1) Providing for the purchasing or contracting for supplies and contractual services including capital projects and consultant services needed by all agencies of Harford County, Maryland, or any other public or quasi-public agency that elects to utilize the services of the Department, in accordance with and in the manner prescribed by the Council by law;

(2) [1]Performing such other duties as may be prescribed by the County Executive or by legislative act of the Council.

[1] Editor’s Note: Former Subsection (b)(2), which set forth that the Director shall be responsible for providing for the purchase, sale or lease of real property by the County was repealed by Bill No. 16-004. Said bill also redesignated former Subsection (b)(3) as Subsection (b)(2).

(c) The Council may enact such legislation as it may deem advisable to provide for procurement and purchasing and sales of supplies, materials and real property.

(d) The Council shall enact legislation to implement the procurement and purchasing authority of Harford County, Maryland.

Section 415 Board of estimates.

[Added by Bill No. 76-48]

(a) There shall be a Board of Estimates composed of the County Executive, or the Executive's designee, the President of the Council, or another Council member as the President's designee, one citizen of Harford County, Maryland, appointed by the County Executive, one citizen of Harford County, Maryland, appointed by the Council, the Director of the Department of Procurement, the Director of the Department of Public Works and the Treasurer of Harford County. The County Executive shall be the Chair of the Board and the Director of the Department of Procurement shall act as the Secretary.

(b) The Board shall be responsible for the awarding of contracts and supervising of purchasing by the County to the extent and in the manner provided for by the Council by law, and shall perform such other duties and responsibilities involving contracts and purchasing as may be provided for by the Council by law.