Note: Prior ordinance history: Ord. 1671.
It is the intent of the board of supervisors in adopting the
ordinance codified in this chapter to continue to provide effective,
centralized administration for Merced County government through maximum
utilization of the position of county executive officer (CEO) and
to define the duties, responsibilities, authority, and qualifications
thereof.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002)
There shall be in the county a county executive office under
a county executive officer (CEO) who shall be appointed by, and serve
at the pleasure of, the board of supervisors.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002)
A four-fifths vote of the board of supervisors shall be required
to appoint the county executive officer.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002)
The qualifications for the office of county executive officer
shall be established by the board of supervisors. Salary and benefits
shall be set by the board and reviewed annually.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002)
The county executive officer may be suspended with pay by a
majority vote of the board of supervisors at any time.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002)
The county executive officer may be dismissed by the majority
vote of the board of supervisors at a regular meeting.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002; Ord. 2009 § 1, 2022)
Except where prohibited or otherwise provided by law, and to
the extent permitted by law, the county executive officer shall have
the following duties and responsibilities:
A.
To be
accountable for the effective administration and management of all
governmental affairs of the county which may legally be placed in
its charge or control;
B.
To implement
and supervise the implementation of the policies and directives of
the board of supervisors; ensure that regulations and operating programs
are implemented; coordinate interdepartmental activities; assist department
heads in solving problems that inhibit efficient operations;
C.
To act
as clerk of the board of supervisors pursuant to Section 25100.5 of
the Government Code and be responsible for duties as set forth in
Section 25101 of the Government Code;
D.
To establish
procedures, subject to board approval for prior submission to the
executive officer, for review, evaluation and recommendation, of requests
from county departments and other requests, to the board of supervisors;
E.
To serve
as the board's legislative liaison at local, state and federal levels
and participate in the advocacy of legislative and community programs;
F.
To negotiate,
or supervise negotiations of contracts, leases, agreements, and memoranda
of understanding of the board of supervisors, except where such duty
or responsibility is, under law, vested in or imposed upon other county
officers or employees;
G.
To supervise,
on behalf of the board of supervisors, and to the extent such power
exists in the board, the performance of all county contracts, leases
and agreements;
H.
To assist
the board of supervisors in the development of the county goals and
program priorities, assign responsibility for implementation, provide
regular evaluation of progress, and recommend corrective action when
necessary;
I.
To represent
the board of supervisors in matters pertaining to relationships with
other governmental entities and the public and advise the board on
matters which may be pertinent to the discharge of the board's responsibilities;
J.
To perform
the functions of county purchasing agent for Merced County;
K.
To perform
such other services and responsibilities as the board of supervisors
may require.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002; Ord. 2009 § 1, 2022)
Except where prohibited or otherwise provided by law, and to
the extent permitted by law, the board of supervisors delegates to
the executive officer the following authority:
A.
On behalf
of the board of supervisors, to exercise executive supervision and
control of the affairs of all departments, services, institutions
and districts of the county;
B.
To attend
meetings of the board of supervisors and to participate in discussion
of matters under consideration;
C.
To make
such studies, analyses and recommendations as the CEO determines to
be necessary;
D.
In order
to effectively carry out the functions of the position, the CEO shall
have the authority to delegate responsibilities to department heads
for execution.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002; Ord. 2009 § 1, 2022)
The CEO shall prepare and submit to the board of supervisors
an annual report on the finances and administrative activity of the
county for the preceding year, together with any recommendations for
the betterment of Merced County government.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002; Ord. 2009 § 1, 2022)
A.
Except
where prohibited or otherwise provided by law, and to the extent permitted
by law, the CEO shall:
1.
Be
responsible to the board of supervisors for ensuring that coordination
exists between and among the various county departments and offices,
both elective and appointive;
2.
Be
accountable for the effective administration and management of all
governmental affairs of the county which may legally be placed in
the CEO's charge or control;
3.
Submit
proposals to the board of supervisors to add, delete, consolidate,
or reassign departmental functions, duties and powers, to promote
efficiency and economy as a need for such changes is identified;
4.
Annually
review the performance of the duties of all appointed department heads
based upon mutually agreed to goals and objectives; confer with department
heads as necessary to discuss performance in meeting annual goals
and objectives;
5.
Appoint, suspend or remove, subject to confirmation by the board of supervisors, department heads listed in Sections 2.08.150(A) and (B), except elected officials or those for whose appointment state law makes other provision. Appointments shall be on the basis of executive and administrative qualifications as determined by screening and selection procedures comparable to those used for other unclassified management personnel. Unless otherwise provided by law or contractual agreement, department heads are designated by the board of supervisors as "at will" employees as defined in the Human Resources Rules and Regulations Section 1;
6.
Evaluate
proposed departmental programs and recommend to the board of supervisors
that they be approved, modified, or denied. Periodically evaluate
existing departmental programs and recommend changes to the board;
7.
Call
upon any department head to perform any service which that department
head is legally authorized or required to perform, including the furnishing
of data or reports;
8.
Provide
management training and develop leadership qualities among department
heads to build a county management team that can plan for and meet
present and future challenges, as well as providing orientation and
training of new county supervisors, members of boards, commissions
and committees, and new department heads.
B.
The
CEO may at times appoint various sub-committees of department heads
to focus on assessing, providing recommendations, and development
of assigned subject areas.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002; Ord. 2009 § 1, 2022)
Except for the specific duties and responsibilities given by
law to other county officers, employees or departments, it shall be
the executive officer's responsibility to:
A.
In conjunction
with the auditor and specifically in recognition of Government Code
Sections 29040 through 29093, supervise and direct preparation of
the annual operating budget and submit a proposed operating budget
to the board for consideration;
B.
Supervise
and direct preparation of long-range plans for acquiring, constructing,
and improving buildings and other county facilities;
C.
Recommend
annually to the board of supervisors a long-term financial plan for
the implementation of a Capital Improvement Program and methods of
financing;
D.
In conjunction
with the controller, and specifically in recognition of Government
Code Sections 26881 through 26883, inclusive, it shall be the responsibility
of the executive officer to administer the budget after final adoption
by the board. Specifically, the CEO shall:
1.
Establish
controls as the executive officer deems necessary to insure that departments,
services, institutions, and districts are operating within their respective
budgets,
2.
Review
all requests for amendments to the operating budget, including appropriations
and revenue transfers, having the authority to approve those transfers
within object level and to make recommendations on all other transfers
to the board,
3.
Make
recommendations to the board regarding requests for unforeseen and
unbudgeted expenditures, and
4.
Make
periodic reports on departmental expenditures to the board of supervisors.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002; Ord. 2009 § 1, 2022)
The CEO will be responsible for the administration of the personnel
program, including, but not limited to, recruitment, testing, classification
or reclassification, and temporary transfers of personnel as needed
to ensure efficient operations. The CEO shall recommend to the board
of supervisors policies, including the establishment of salaries and
benefits for county employees, procedures, and rules for the efficient
operation of the personnel system.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002; Ord. 2009 § 1, 2022)
Pursuant to the Merced County employer-employee relations policy,
the executive officer is designated as the representative of the board
of supervisors for employer-employee relations countywide in scope,
as provided under state law. The board may designate other county
officers or employees as additional representatives for employer-employee
relations to work under the supervision and direction of the executive
officer.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002)
Except where prohibited or otherwise provided by, and to the
extent permitted by law, the executive officer shall have the additional
duties and responsibilities as follows:
A.
Maintain
and direct central administrative services that are placed in his
charge by the board of supervisors;
B.
Assign
space to county departments in accordance with board policy;
C.
Make
recommendations to the board on the acquisition and disposition of
real property, except those matters which are the responsibility of
other county departments;
D.
Transfer,
subject to board policy, equipment, machinery, furnishings, or supplies
from one department, service, institution, or district, to another.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002)
The CEO may employ such technical, administrative and clerical
staff as is necessary to perform his or her duties, subject to board
authorization.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002; Ord. 2009 § 1, 2022)
Except where prohibited or otherwise provided by law and to
the extent permitted by law, and in order to assist the board of supervisors
in carrying out its duties under Government Code Section 25503, to
supervise county officers and departments to ensure faithful performance
of their respective duties, the executive officer shall be responsible
for evaluation of the duties of all appointed county departments heads
based upon mutually agreed to goals and objectives as directed by
the board of supervisors. The county executive officer may confer
with department heads as necessary to discuss performance in meeting
annual goals and objectives. The board may obtain, or direct the obtaining
of, additional input from other sources they deem necessary for the
purposes of evaluation and take whatever action deemed appropriate
and within lawful authority with respect to evaluations made under
this section.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002; Ord. 2009 § 1, 2022)
Department heads who are dissatisfied with any decision of the
executive officer which affects their department or agency may appeal
such decision to the board of supervisors after submitting a written
notice to the executive officer of their intention to do so and the
general reasons therefor.
(Ord. 1673 § 1, 2002; Ord. 1679 § 1, 2002)
