Article 3 The Executive Branch


Section 3.1 Composition and powers

The executive branch shall be composed of the county manager, assessor, auditor, clerk, prosecuting attorney, sheriff, treasurer and the officers and employees of administrative departments and elected executive offices established by state law or this charter or created by the council. The executive branch shall have all executive powers of the county under this charter.


Section 3.2 The county manager

  1.  Appointment.
    1. Appointment or termination of a county manager shall require a simple majority vote of the council.
    2. The county manager shall be selected on the basis of his or her executive experience and professional administrative qualifications.
    3. No member of the council shall, during the time for which he or she was elected, be appointed county manager.
    4. The county manager shall serve at-will. The council shall establish the county manager's terms of employment, including compensation, by written contract, provided the county manager's employment shall be at-will and terminable in accordance with contract terms and this charter.
    5. Employment of a county manager shall not be construed as changing the relationship of the council members or other elected officials to their constituents, or the relationship of the council members to other elected officials.
    6. The county manager shall designate a qualified employee of the county as his or her deputy county manager. The deputy county manager shall perform the duties of the county manager during the county manager's extended absence or disability.
  2.  Powers and Duties. The county manager shall be the county's chief executive officer and have all executive powers of the county which are not expressly vested in other elected officers by state law or this charter. The county manager shall have the power to:
    1. Supervise all administrative departments established by this charter or created by the council.
    2. Execute and enforce all ordinances and state statutes not assigned to other elected officials.
    3. Present to the council an annual statement of the county's fiscal and governmental affairs, and any other report which he or she may deem necessary.
    4. Annually prepare and present to the council a budget and budget message setting forth proposals for the forthcoming fiscal year.
    5. Prepare and present to the planning commission comprehensive plans, including capital improvement plans, and development ordinances for present and future development; present the planning commission's recommendations on these matters to the council.
    6. Determine the organizational structure of and assign duties to administrative departments which are not specifically assigned by this charter or ordinance.
    7. Sign or cause to be signed on behalf of the county all deeds, contracts and instruments not otherwise reserved to others by this charter or state law.
    8. Conduct collective bargaining on behalf of the county, subject to state and federal law and budget direction provided by the council and as allowed by state law.
    9. Manage properties owned by the county. The specific statement of particular executive powers shall not be construed as limiting the executive powers of the county manager.


Section 3.3 Appointments by the county manager

  1.  The county manager shall appoint the chief officer of each administrative department.
    1. The county manager shall appoint chief officers on the basis of their abilities, qualifications, integrity and experience concerning the duties of the office to which they are appointed.
    2.  No time limitation shall be imposed on the term of employment for appointed chief officers of administrative departments.
  2.  The county manager shall appoint members of boards, commissions and task forces except as provided by state law, intergovernmental agreement or this charter. Appointments by the county manager shall be presented to the council during a regular council meeting. Within thirty (30) calendar days, the council shall accept or reject the appointment by a majority vote. Failure to act within thirty (30) days constitutes acceptance of the appointment. A rejection applies to that board, commission or task force position only.


Section 3.4 Administrative departments

  1. The administrative departments shall consist of the departments and agencies of the executive branch that are not headed by other elected officials.
  2.  The chief officer of each administrative department shall appoint all officers and employees of his or her department. The chief officer shall comply with the county's human resources policies and procedures when appointing officers and employees to positions covered by human resources policies and procedures.


Section 3.5 Other elected officials

Other elected officials include the assessor, auditor, clerk, prosecuting attorney, sheriff and treasurer.


Section 3.6 Appointments by other elected officials

Other elected officials shall appoint all officers and employees of their respective elected executive offices. Other elected officials shall comply with the county's human resources policies when appointing officers and employees unless alternate human resource policies have been adopted by that official. The chief officers shall be appointed on the basis of their abilities, qualifications, integrity and experience concerning the duties of the office to which they are appointed.