The executive power vested in Montgomery County by the Constitution and laws of Maryland and by this Charter shall be vested in a County Executive who shall be the chief executive officer of Montgomery County and who shall faithfully execute the laws. In such capacity, the County Executive shall be the elected executive officer mentioned in Article XI-A, Section 3, of the Constitution of Maryland. The County Executive shall have no legislative power except the power to make rules and regulations expressly delegated by a law enacted by the Council or by this Charter. (Election of 11-2-82.)
Editor's note—The authorization of a road project is an executive rather than an administrative act, Eggert v. Montgomery County Council, 263 Md. 243, 282 A.2d 474 (1971).
See County Attorney Opinion dated 10/29/21 explaining that, although the capital budget limits the County Executive’s expenditure of money for a capital project, the Executive can use that completed facility for any legitimate governmental purpose absent a law or appropriation limiting the Executive’s use of that facility. See County Attorney Opinion dated 11/28/11-A regarding the consitutionality of permitting community benefits agreements. See County Attorney Opinion dated 3/12/09 explaining the Inspector General’s authority to investigate an ongoing personnel matter as part of the goal of detecting and deferring fraud, waste and abuse. See County Attorney Opinion dated 10/1/08 explaining Council’s ability to impose limitations on the Executive’s ability to seek and obtain grants. See County Attorney Opinion dated 4/12/06, concerning development districts, which cites Charter Section 201. See County Attorney Opinion dated 6/8/04-A describing the possible violation of separation of powers in a law authorizing the Council to set certain transportation fees without County Executive approval. See County Attorney Opinion dated 4/21/04 discussing the limited authority of the Commission on People with Disabilities and the role of the County Attorney as the legal advisor for the County. See County Attorney Opinion dated 7/22/98 commenting on the means of requiring binding dispute resolution process. See County Attorney Opinion No. 97-1 dated 6/27/97 explaining that the law establishing the Office of the Inspector General as a principal office in the Executive Branch of County government conflicts with the Charter.