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Albany County, New York

Consolidated* Albany County Charter

*Please Note: This document is a consolidation of relevant local laws. It has not been adopted in this format

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ARTICLE 3
EXECUTIVE BRANCH

   Section 301. County Executive; election; term; qualifications; compensation. There shall be a County Executive who shall be an elector of the County, have been residing continuously in the County for at least one year preceding her election, and be elected from the County at large. Her term of office shall be four years and begin on the January 1st following her election. The election for County Executive shall be conducted at the general election of 1995, and at general elections every fourth year thereafter. At the time of her election and throughout her term of office, she shall be a qualified elector of the County and hold no other Public Office. Commencing January 1, 1995, she shall not hold the position of chair, vice chair, secretary or treasurer or other comparable office of a County Political Party Committee. The County Executive shall receive such compensation for her duties as fixed by the County Legislature. The compensation of the County Executive shall not be increased nor decreased during her term of office.

   Section 302. Powers and duties. The County Executive shall be the chief executive and elective officer of the County government and supervise the day today administration of all Administrative Units, subject to the provisions of this Charter. In addition to any other powers and duties provided by this Charter or imposed by law, the County Executive shall have the following powers and duties:

(a) supervising the structure and organization of each Department and any other Administrative Units under her control;

(b) reporting to the County Legislature on the activities of all Administrative Units by March 15th of each year;

(c) appointing, subject to confirmation by the County Legislature, the Administrative Heads of all Departments and such other Administrative Units as set forth in this Charter which are subject to such confirmation, and filling any vacancy in the position of head of any such Administrative Unit not administered by an elected official:

(i) 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 30 days from a vacancy in such Department or Administrative Unit, as the case may be, the County Legislature may appoint such Department Head or Administrative Unit Head. In no event, unless a default occurs in the confirmation process by the County Legislature, shall any person appointed by the County Executive enter upon 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.

(ii) In any event, the County Legislature must either confirm, or refuse to confirm, any such appointment by the County Executive within forty five days of the filing with the Clerk of the writing making such appointment.

(iii) In the event the County Legislature refuses to confirm any such appointment, the County Executive shall make a new appointment for such position, which shall be subject to confirmation pursuant to the procedure set forth herein.

(iv) Any individual appointed, or subject to appointment by the County Executive and confirmed by the County Legislature shall serve at the pleasure of the County Executive, and no such appointee shall hold office beyond the term of the County Executive by whom the appointment was made, except as otherwise provided by State Law or the provisions of this Charter.

(d)  serving as the chief budget officer of the County, and as such, preparing and submitting to the County Legislature the Tentative Annual Budget, Capital Program, and accompanying message, all as provided in this Charter;

(e) executing contracts and agreements for the County, subject to the provisions of Article 13 of this Charter, and approving and executing those contracts as authorized in this Charter;

(f) exercising all executive and administrative powers in relation to any and all functions of County government not otherwise specified in this Charter; and

(g) possessing all necessary incidental powers to perform and exercise any of the duties and functions specified above or lawfully delegated to her.

   Section 303. Vacancy. A vacancy, other than one occurring by expiration of a term in the office of County Executive, shall be filled by appointment of a qualified elector of the County by the County Legislature within 45 days from the time the vacancy occurs. The appointee shall hold office by virtue of her appointment until the January lst following the next general election, at which election a County Executive shall be elected for the balance of the unexpired term, if any. Any successor who shall be so appointed or elected shall possess all of the qualifications required for the office of County Executive as set forth in this Charter.

   Section 304. Removal of County Executive. The County Executive may be removed in the manner provided in the Public Officers Law for the removal of other County officers.

   Section 305. Deputy County Executive. The County Executive may appoint a Deputy County Executive, to serve at her pleasure. The Deputy County Executive shall act for and in place of the County Executive, except that a Deputy County Executive may not exercise the power of appointment, discharge or veto.

   Section 306. Acting County Executive. The Chairperson shall be the acting County Executive and perform the duties of the County Executive when the County Executive is unable to perform for reasons other than absence from the County, temporary disability, or when a vacancy occurs in the office of the County Executive. The acting County Executive shall serve until the vacancy is filled pursuant to this Charter.

   Section 307.  [REPEALED]

   Section 308. Appointment of officers and employees.

(a) The County Executive shall appoint such officers and employees within the Executive branch as may be necessary for the performance of her duties. Any appointment by the County Executive shall be in writing and filed in both the office of the Clerk and the County Clerk within ten days after the date of such appointment. Except as otherwise provided in the Civil Service Law, no such appointee shall hold office beyond the term of the County Executive by whom the appointment was made, except as otherwise provided by this Charter and except that, unless removed, shall continue to serve until a successor is appointed and has qualified or until an interim appointment is made.

(b) The County Executive shall have sole responsibility for the organization, appointment and removal of her staff. The County Executive shall also have responsibility for the compensation to be paid for such positions, within the appropriations approved by the County Legislature for such staff.

(c) Except where inconsistent with this Charter, the officers and employees of each department shall be appointed by the head thereof and within appropriations made therefore.

   Section 309. Veto Power.

(a) Except as specifically provided in Article 6 of this Charter, the County Executive shall have the power to veto any local law, ordinance or resolution passed by the County Legislature, other than local laws, ordinances or resolutions which relate solely to the rules and regulations of the County Legislature, and other matters pertaining solely to the conduct, procedures and internal organization and operation of the County Legislature, including, but not limited to:

(i) the creation, operation, funding and abolition of standing and special committees of the County Legislature, standing boards and commissions created pursuant to this Charter and temporary studies, commissions, committees, task forces or other such groups created by the County Legislature;

(ii) the appointments to boards, commissions or other such bodies by the Chairperson or the County Legislature, where the legislation creating such bodies authorizes the appointment of members to such bodies by the Chairperson or the County Legislature;

(iii) the day today operations of the County Legislature;

(iv) the organization of the County Legislative staff, including the creation and abolition of positions for such staff and the compensation to be paid for such positions; and the appointment and removal of such County Legislative staff, and

(v) the adoption, amendment or repeal of rules of the County Legislature.

(b) (i) In the case of ordinances and resolutions, the County Executive shall have such veto power within 10 days (or in the case of a local law, 30 days) following receipt of a certified copy from the Clerk. A copy of such local law, ordinance or resolution shall, immediately after its passage, be separately certified by the Clerk and presented by the Clerk to the County Executive within two business days of passage.

(ii) If the County Executive approves such local law, ordinance or resolution, the County Executive shall sign it and return it to the Clerk, and it shall be deemed to have been adopted.

(iii) If the County Executive vetoes such local law, ordinance or resolution, it shall be returned to the Clerk with the objections stated, and the Clerk shall present such local law, ordinance or resolution, with such objections to the Chairperson within five days after receiving it from the County Executive for presentation at the County Legislature's next regular meeting, and such objections shall be entered in the County Legislature's journal.

(iv) The County Legislature, within forty five days after the return of such objection to the Clerk, may, by a three fifths vote of its Whole Number, override such veto. Only one vote shall be had to override such veto, which shall be taken by roll call and entered in the County Legislature's Journal.

(c)   If, within ten days (or in the case of a local law, thirty days,) after its passage, the County Executive shall not return any such local law, ordinance or resolution, either approved or
vetoed, to the Clerk, it shall be deemed to have been adopted with such effect as if it had been approved and signed by the County Executive.

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