The executive power of the County government
shall be vested in a County Executive who, as chief executive, shall
be responsible for the proper administration of all County affairs
placed in the County Executive's charge by any and all provisions
of this Charter and/or by law.
The County Executive shall be elected from the
County at large, shall be a qualified elector of Ulster County at
the time of his or her nomination and election and shall remain a
qualified elector of Ulster County throughout his or her term of office.
The County Executive shall hold no other elected public office or
compensated employment and shall devote full time to the duties of
the office.
[Amended 7-16-2019 by L.L. No. 4-2019]
A. The County Executive shall be elected for a three-year term at the
regularly scheduled election in the first even-numbered year following
the adoption of this Charter, and thereafter every fourth year for
a four-year term. The County Executive's term of office shall begin
with the first day of January following his or her election.
B. No person shall serve as County Executive for more than three full
terms, unless he or she has filled an unexpired term prior thereto.
For the purpose of establishing the term limit, term of office shall
be calculated beginning the first day of his or her first full term
of office after the effective date hereof.
The County Executive shall be the chief executive
of the County. Except as may be otherwise provided in this Charter,
he or she shall have and exercise all the executive powers and duties
conferred by this Charter and/or in law upon a County executive officer
or the executive branch of a County government, and all powers and
duties necessarily implied or incidental thereto:
A. Appoint
department heads and other officers and employees as provided in this
Charter. Should the County Executive fail to make such appointment
in writing, signed and filed in the offices of the Clerk and the County
Clerk within a period of 120 days from a vacancy in such department
or administrative unit, except in the case of the departments of health
and social services, in which case such appointment shall be made
within 180 days, the County Legislature may appoint such department
head or administrative unit head. In no event shall, unless a default
occurs in the confirmation process by the County Legislature, any
person appointed by the County Executive enter upon his or her office
unless confirmation by the County Legislature shall have been filed
by the Clerk in the offices of both the County Clerk and the Clerk;
[Amended 8-14-2012 by L.L. No. 9-2012]
B. Supervise, direct and control the administration of
all departments;
C. Appoint, without confirmation by the County Legislature,
such assistants, officers, and employees of the County Executive's
office as may be authorized by the County Legislature;
D. Conduct or supervise the conduct of collective bargaining
negotiations with legally designated bargaining agents of County employees;
E. Supervise and direct the internal structure and organization
of every unit of the executive branch of the County government;
F. Reorganize the duties of, create, combine, separate,
or eliminate executive departments of the County with the confirmation
of the Legislature;
G. Except as otherwise provided in the Charter or applicable
law, supervise the appointment and dismissal of employees;
H. Except as otherwise provided in this Charter, serve
as an ex officio member of and appoint, supervise and terminate all
executive committees, commissions and boards needed to assist him
or her in the exercise of his or her executive functions and in the
planning, formulation and administration of executive policies and
programs;
I. Serve as the chief budgetary officer of the County, and as such, prepare and submit to the County Legislature the annual budget, capital program, and accompanying message, all as provided for in Article
IV of this Charter, and execute the County budget and capital program in accordance with the resolutions and appropriations made by the County Legislature;
J. Designate one or more official depositories located
within the County for the deposit of County funds;
K. Himself or herself or through a designee require the
submission of regular reports of all County-funded agencies, assuring
that publicly provided funds are used by said funded agencies in accord
with overall County plans and agreed annually specified goals and
objectives for said agencies;
L. Approve or disapprove the sufficiency of sureties
on official bonds and undertakings required to be posted of officers
within the Office of the County Executive;
M. Execute all contracts under the sum of $50,000 and,
with the approval of the County Legislature, all contracts in excess
of $50,000;
N. Approve or disapprove in writing every proposed local
law and resolution and the County Budget by specified items, subject
to the provisions of § C-12 of this Charter; and
O. Make such recommendations to the County Legislature
with respect to the affairs of the County and its government as he
or she may deem appropriate.
P. To conduct studies and investigations in furtherance of his or her
executive functions and, in connection therewith, to obtain and employ
professional and technical advice, appoint citizens' committees, commissions
and boards.
[Added 8-14-2012 by L.L. No. 9-2012]
The County Executive may appoint or designate
one or more Deputy County Executive(s), within the limits of appropriation
set by the County Legislature, who shall serve at the pleasure of
the County Executive. The Deputy County Executive(s) shall have the
authority to act generally for and in place of the County Executive.
Members of all committees, commissions and boards
appointed pursuant to § C-25H of this Charter shall serve
at the pleasure of the County Executive without compensation other
than for actual and necessary expenses within appropriations made
therefor, unless otherwise provided by resolution of the County Legislature;
provided, however, that in the case of individuals appointed hereunder
for definite terms, no removal shall be made until the person to be
removed has been served with notice of the reasons for such removal
and given an opportunity to be heard publicly if he or she desires
thereon by the County Executive. The decision of the County Executive
shall be final.
[Amended 8-14-2012 by L.L. No. 9-2012]
A. The
County Executive shall designate in writing, and in order of succession,
the person or persons who shall serve as Acting County Executive in
the event that he or she resigns, dies or certifies in writing and
files with the County Clerk a statement that he or she is unable to
perform and/or exercise the powers and duties of the office of County
Executive, or in the event that, upon advice sought by a majority
of the whole number of members elected to the Ulster County Legislature
by formal action not subject to veto by the County Executive, his
or her inability to serve is certified by qualified and competent
medical authority.
B. Only
persons incumbent in County government may be designated to any list
of succession for possible service as Acting County Executive.
C. If a vacancy occurs in the office of County Executive other than by regular expiration of the term, the person designated under §
C-29A as the first successor shall become Acting County Executive until the vacancy is filled in accordance with subsections
D,
E and
F of this section. Should the person designated as the first successor be unable to perform and/or exercise the duties of the office, then the person next designated under §
C-29A shall become the Acting County Executive.
D. If
the vacancy in the office of the County Executive occurs more than
180 days before the next general election, it shall be filled for
the remainder of the unexpired term by a special election to be held
no later than 90 days from the date the vacancy occurs. The person
so elected shall serve for the balance of the unexpired term commencing
30 days from the date of the certification by the Board of Elections.
The Acting County Executive shall continue to serve until such time
as the person so elected takes office. Notice of a special election
called hereunder shall be in a manner set forth in election law for
notice of a general election. It shall be the duty of the Board of
Elections to prepare ballots, voting machines and other matters so
that such election may be properly held and conducted. Notwithstanding
any law to the contrary, the expenses of a special election conducted
pursuant to this section shall be borne by the County, except where
the special election will be held on the date of a primary election
or the next general election.
E. If
said vacancy may be filled by a general election to be held no more
than 180 days after the vacancy occurs, then no special election shall
be held, and the vacancy shall be filled by a general election. The
person so elected at the general election shall serve for the balance
of the unexpired term and shall take office on the first day of January
next succeeding the vacancy.
F. At
any time during the remainder of the term for which a County Executive
was elected after he or she was found unable to perform and/or exercise
the duties of the office by competent medical authority, that authority
may file a retraction in writing with the County Clerk, and thereafter
the County Executive may immediately resume service in that office
so long as he or she has not been replaced at a special or general
election.
G. Commencing
with the enactment of these provisions, the County Executive shall,
on or before December 1, 2012, and for every new County Executive
entering into a term thereafter on the first day of such term, be
authorized to file the name of two persons to serve as Acting County
Executive to take effect immediately. Within 10 days thereafter, the
County Executive shall file a list with the County Clerk and Clerk
of the County Legislature consisting of a list of one or more names
to serve as Acting County Executive. Such list shall take precedence
over the first persons initially designated 45 days after the filing
of such list. Such list may be modified from time to time, but shall
not take effect until the expiration of 45 days the entire duration
of which the County Executive who filed such list shall have had to
remain in office, or such list shall not otherwise take effect. During
such forty-five-day period, the prior list shall remain in effect.
In the absence of such written designation of order of succession
and in the event of the County Executive's inability to perform and
exercise the powers and duties of his or her office, the County Legislature
shall appoint a person then serving in County government to serve
as Acting County Executive.
H. The Acting County Executive shall have all the powers and perform
all the duties of the County Executive.
The County Executive may be removed from office
only in accord with provisions and in the manner provided in the New
York State Constitution and the Public Officers Law.