(a) The office of the County Executive may be declared vacant by ordinance of the County Council with an affirmative vote of not less than five (5) members if, during their elected term, the County Executive:
(1) fails to meet the requirements of Section 401 of this Article;
(2) is found guilty of, or pleads nolo contendere to, and is convicted of, a felony or a crime involving moral turpitude or misfeasance of malfeasance in office; or
(3) fails to perform or is incapable of performing the duties of their office for 180 consecutive days.
(b) A vacancy occurring under subsection (a) shall be filled in the manner provided in Section 402 of this Article.
(c) To the fullest extent allowed by law, a County Executive removed from office under subsection (a)(2) may be ineligible to receive post-employment County benefits earned as a result of their tenure as County Executive, subject to an ordinance enacted by the County Council providing for the conditions of removal and reinstatement of benefits.
(Bill No. 76-72; Res. No. 32-12; Bill No. 30-22)
Editor's note – The 2012 amendment substantially revised the provisions governing the removal of the County Executive from office, and added the provision regarding ineligibility to receive post-employment County benefits.