(A) The Judge/Executive shall nominate qualified persons to serve as head of each administrative agency and on boards and commissions, and inform the Fiscal Court at a regular meeting, in writing, of his or her intention to make an appointment. If approval by the Fiscal Court of the nomination is required by state law, the Fiscal Court shall act on the nomination within 60 days. If the Fiscal Court does not act on the nomination within the 60-day period, the nomination shall be deemed rejected by the Fiscal Court. A majority of those Fiscal Court members present at a meeting shall vote in favor of the nomination, in order for it to be approved.
(B) The Fiscal Court may require the nominee to appear at a public hearing for the purpose of questioning the nominee about matters which relate to the position for which he or she has been nominated. The nominee shall be notified by mail if this is the intention of the Fiscal Court. The Fiscal Court shall provide the nominee with an opportunity to make a statement to the Fiscal Court concerning his or her nomination and qualifications.
(C) No person shall be selected as a member of a board or commission or as head of an administrative agency if the person holds or is employed in a position which is incompatible with the one for which nominated.
(D) In the event the Fiscal Court rejects the nominee, the Judge/Executive shall submit additional nominations, not to exceed 10 for any 1 position; and if Fiscal Court rejects all 10, the Judge/Executive shall appoint a person to serve on a temporary basis, not to exceed 1 year.
(E) When Fiscal Court approval of an appointment is not required by state law, the Judge/Executive shall make the appointment. Within 30 days of making the appointment, the Judge/Executive shall notify the Fiscal Court in writing of the appointment. The notice may be filed with the Court Clerk.
(F) Before any head of an administrative agency, board or commission member may be dismissed, the person shall be presented, in writing, a list of reasons for the dismissal. Upon written request of the member being dismissed, to be received by the Judge/Executive within 5 days of presentation, a hearing shall be conducted by the Judge/Executive at a time to be fixed by him or her but no sooner than 3 and no later than 21 days after receipt of the reasons for dismissal. At the hearing, the person sought to be dismissed shall have an opportunity to make a statement on his or her behalf, to be represented by anyone of his or her choosing, and/or to call witnesses who may testify. The Judge/Executive shall issue a written opinion which shall contain the facts upon which his or her determination is based.
(Ord. 4-92 § 1.4, passed 5-26-1992)