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An Executive shall immediately forfeit office and the office shall be deemed vacant upon:
(1) the Executive ceasing to be a citizen of the United States or a registered voter of the County;
(2) the Executive being convicted of or pleading guilty to a felony or a crime involving moral turpitude;
(3) the Executive being granted probation before judgment for a felony or a crime involving moral turpitude; or
(4) acceptance by a court of a plea of nolo contendere for a felony or a crime involving moral turpitude.
(a) A vacancy in the Office of the Executive shall exist upon the death or resignation of the Executive, or upon forfeiture of office as provided in Section 407 of this Charter. A majority of the council members shall appoint, within forty-five days, a person to fill the vacancy and to serve a term pursuant to subsection (f) or (g) of this section, as applicable.
(b) If the vacating County Executive was last elected as a member of a political party, the appointee shall be selected from a qualified list of three persons submitted to the Council by the central committee of the same party. The central committee must provide the list of three persons within 30 days of the vacancy date. If no list is provided within 30 days, or if the vacating County Executive was not a member of a political party when last elected, the Council shall appoint a person it deems best qualified to hold office, provided the appointee meets the qualifications and residency requirements provided in subsection (d) of this section.
(c) If the Council has not made an appointment within the forty-five-day period provided in subsection (a) of this section, the Council shall appoint within fifteen days thereafter, the Chief Administrator Officer.
(d) Any person appointed to fill a vacancy pursuant to this section, except the Chief Administrative Officer, shall meet the qualifications provided in Section 405 of this Charter.
(e) All persons considered by the Council for appointment under either subsection (b) or (c) of this section, as applicable, shall be presented to the public, including their names and qualifications. In addition, the nominees shall be interviewed in public by the Council, including the opportunity for public comment.
(f) If the vacancy occurs no later than 30 days prior to the candidate filing deadline for the presidential primary election, a new County Executive shall be nominated and elected by qualified voters at the same time as the presidential general election and in the manner provided by law. In the interim, until an Executive is elected, the vacancy shall be temporarily filled pursuant to subsection (b) or (c) of this section, as applicable. An Executive appointed under these conditions shall serve until the first Monday of December, following the presidential general election, at which time the winner of the presidential general election for the Executive position shall assume office and serve for the remainder of the vacating Executive's term.
(g) If the vacancy occurs after 30 days prior to the candidate filing deadline for the presidential primary election, the new Executive shall be appointed pursuant to subsection (b) or (c) of this section, as applicable, and serve the remainder of the vacating Executive's term.
(Res. 20-21, 7-28-2020)
In the event of a vacancy in the Office of the County Executive as provided in Section 408 or the temporary absence of the Executive, the Chief Administrative Officer shall perform the duties of the Executive.
The Executive shall appoint a Chief Administrative Officer, subject to confirmation by the Council. The Chief Administrative Officer shall be selected on the basis of qualifications as a professional administrator, skill in governmental budgeting and technical training for the duties of the office. The Chief Administrative Officer shall be a resident of the County within six months of appointment. The duties of the Chief Administrative Officer, which shall include supervising the departments, agencies and offices under the control of the Executive, advising the Executive on all administrative matters and performing such other duties as may be assigned by the Executive or by this Charter, shall be subject to the direction of the Executive. The Chief Administrative Officer shall serve at the pleasure of the Executive.
(a) The Executive shall appoint a County Attorney, subject to confirmation by the Council. The County Attorney shall be the chief legal officer of the County and conduct all the law business of the County. The County Attorney shall be a legal advisor to the Executive, the Council, all County departments, agencies, offices and other instrumentalities of the Government. The County Attorney shall serve at the pleasure of the Executive and the Council. The County Attorney may be removed from office by either: (1) the Executive with the consent of five (5) members of the Council; or (2) upon a vote of at least six (6) Council members.
(Res. 18-21, 7-17-2018)
(b) The County Attorney, with the approval of the Executive, and as provided in the Budget, may appoint assistants to serve as members of the legal staff or employ special legal counsel. The County Attorney and the staff of the office shall engage in no other law practice.
(a) The Executive shall appoint an individual to head each principal operating department, agency or office under the control of the Executive, subject to confirmation of the Council. Individuals appointed under this subsection shall serve at the pleasure of the Executive.
(b) Except as provided in subsection (c) of this section or prescribed by law, the provisions of this Charter or by ordinance, the Executive shall appoint all members of boards and commissions. All members shall be subject to confirmation by the Council. Individuals appointed under this subsection shall serve at the pleasure of the Executive, unless otherwise provided by law, the provisions of this Charter or by ordinance.
(c) The membership of boards and commissions that are established exclusively to advise the Council shall be appointed and removed by the Council, at the Council’s discretion, unless such matters are prescribed by law, the provisions of this Charter or by ordinance.
(d) If the Council fails to take action within thirty days upon an appointment made by the Executive pursuant to this section, the appointment shall become effective.
When a vacancy occurs in the position of the Chief Administrative Officer or the head of any principal operating department, agency or office under the control of the Executive, the Executive shall appoint an acting Chief Administrative Officer or acting head of the department, agency or office, as the case may be, to serve for a period not exceeding six months. This limit may be extended by the Council for a period of time not to exceed an additional four months.
(a) The Executive shall make an evaluation of the structure, organization, functions, powers, and duties of each department, agency and office under the Executive’s control within fourteen months of the Executive’s election.
(b) The Executive shall report the results of the evaluation to the Council within the time frame established in subsection (a) of this section, along with any recommendations that require legislative authorization and which the Executive believes would increase the efficiency and effectiveness of the County government. If recommendations are made pursuant to this subsection, the Executive shall, along with the Executive’s report, include a plan for implementing the recommendations.
(c) The Council shall consider the Executive’s recommendations that require legislative authorization and the plan of implementation.
(d) At the discretion of the Executive, the Executive at any time may alter, adjust, modify or in any manner change the structure, functions, powers and duties of any department, agency or office under the Executive’s control if the alteration, adjustment, modification or change does not require legislative authorization.
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