Article 3 - Executive Branch - Charter

Section 301. The County Executive; election; term; qualifications. The executive branch of County government shall be administered by the County Executive who shall be elected from the County at large. His or her term of office shall begin with the first day of January next following his or her election and shall be for four years, except that the term of the County Executive elected in nineteen hundred sixty shall be for three years. At the time of his or her election and throughout his or her term of office he or she shall be a qualified elector of the County. He or she shall devote his or her whole time to the duties of his or her office and shall hold no other public office, except as provided in section three hundred seven hereof.

Section 302. Powers and duties. The County Executive, in addition to any other powers and duties provided by this Charter shall:

1. Be the chief executive officer and administrative head of the County government.
2. Except as otherwise provided in this Charter, and subject to confirmation where so provided, appoint to serve during his or her pleasure the head of every department and other administrative unit of the County and the officers and employees in his or her own office.  Prior to appointing the head of any department or other administrative unit of the County, the County Executive shall prominently display a notice on the County's webpage that there is an opening for such position for at least five business days.  Before making any such appointment the County Executive will interview at least one minority or female candidate, provided that a female or minority individual legally qualified to hold the office to be appointed applies for such appointment.
3. Supervise and direct the internal organization and reorganization of each department or other administrative unit the head of which he or she has power to appoint.
4. Be the chief budget officer of the County.
5. Determine and fix real property tax equalization rates among the various taxing districts of the County for County purposes and file the same with the County Legislature on or before the first day of November in each year.
6. Have authority to appoint and terminate one or more temporary advisory boards of citizens of the County who shall, without compensation other than such necessary expenses as may be provided in the budget, assist in the consideration of County administrative policies and programs.
7. Annually designate one or more depositories located within the County for the deposit of all moneys received by the Commissioner of Finance.
8. Examine and approve or disapprove the sufficiency of sureties on official bonds and undertakings.
9. Report to the County Legislature annually at the close of the fiscal year or as soon thereafter as practicable, but in no event later than the first day of March, the activities of the several administrative units of the County during the preceding fiscal year in such detail as the County Legislature shall direct.
10. Appoint a member of the County Legislature to serve as chairman of such legislature (1) for the remainder of the calendar year in case the County Legislature has failed to select a chairman on or before February first, or (2) for the unexpired term of the previous chairman in case the County Legislature has failed to select a chairman within thirty days after a vacancy has occurred in the office of the chairman.
11. Perform such other duties and have such other powers as may be prescribed for him or her by law, Administrative Code, County ordinance or resolution.
12. In addition to the powers set forth in this Charter, have and be responsible for the exercise of all executive and administrative powers in relation to any and all functions of County government not otherwise specified in this Charter.
13. Have all necessary incidental powers to perform and exercise any of the duties and functions specified above or lawfully delegated to him or her.
14. Subject to section nineteen hundred two, section eighteen hundred thirteen and section two hundred eleven of this Charter, contract with a firm of certified public accountants to perform an annual independent audit of County financial accounts to be completed and delivered to the County Legislature within five months after the end of each fiscal year. [Amended by Local Law No. 5 1985; Amended by Local Law No. 1 1982]
15. Determine annually the amount of capital borrowings required to fund capital projects which were approved by the Legislature in the current or prior year budgets. [Added by Local Law No. 8 1988]
16. Provide the Comptroller by February fifteenth, or as soon as possible, thereafter, of each year with a listing of the capital projects the County plans to initiate during the fiscal year. Said listing shall describe each project, start up date, and the annual cash requirements until completion. Changes to this listing are to be provided throughout the fiscal year, as required. [Added by Local Law No. 8 1988]
17. Periodically advise the Comptroller of short term borrowing needs due to requirements that the Comptroller may not be aware of.  [Added by Local Law No. 8 1988]
18. After preparation by Comptroller, approve as to content all official statements necessary for the County to issue bonds or notes. [Added by Local Law No. 8 1988]
19. Not be an officer, director, or stockholder of any depository or depositories designated by him or her pursuant to this section.
20. Have authority to appoint, subject to confirmation by the County Legislature, and County officer to be the County's Records Management Officer. The County Records Management Officer, who shall serve at the pleasure of the County Executive, shall operate a records management system for the orderly and efficient management of all County records, including the provision of storage and retrieval services with respect to such records in any form, requiring either the retention of the contents or the actual preservations of such records, the identification and appropriate administration of County records deemed by him or her to have enduring value for historical or other research, and the coordination of the legal disposition of County records, including those which are obsolete. All County departments shall be required to avail themselves of said system.

Amended by Local Law No. 1-2017.

Amended by Local Law No. 7-2003.

Subsection s. Added by Local Law No. 8 1988.

Section 302 Amended by Local Law No. 8 1988.

Section 303. Removal of the County Executive. The County Executive may be removed by the Governor in the manner provided in the Public Officers Law for the removal of other County officers.

Section 304. Deputy County Executive; how designated; when to act. The Deputy County Executive shall be first in the order of succession and shall perform the duties of the County Executive during the latter's absence. The County Executive shall designate in writing one or more appointive department or executive division heads, to perform the duties of the County Executive during the absence of the County Executive and the Deputy County Executive. Such appointment, with order of succession specified, shall be filed with the Clerk of the Legislature. Any such designation may be revoked by the County Executive at any time by filing a notice of revocation with the Clerk of the Legislature. If a vacancy occurs in the office of the County Executive, the Deputy County Executive shall serve until the vacancy is filled pursuant to this Charter.

In the event that no Deputy County Executive has been appointed or is able to serve, the Legislature shall designated an appointive department or executive division head to perform the duties of the office during the inability of the County Executive to perform by reason of absence from the County or disability. Amended by Local Law No. 1 1971.

Section 305. Division of Budget and Management. There shall be in the office of the County Executive a Division of Budget and Management headed by a Director of Budget and Management who shall be appointed by and will serve at the pleasure of the County Executive. The Director of Budget and Management shall assist the County Executive in the preparation and administration of the operating and capital budgets, in the study of administrative efficiency, in monitoring the productivity of the various administrative units of County government and in the review of the management and performance audits issued by the Comptroller. The Director of Budget and Management shall report to the County Executive on the implementation of such audit recommendations and his or her actions pertaining to efficiency and productivity monitoring.

All reference contained in this Charter to the Budget Director shall be deemed to refer to the Director of Budget and Management.

Amended by Local Law No. 2-2005.

Amended by Local Law No. 4-1985.

Amended by Local Law No. 3-1979.

Section 306. Division of Purchase; Purchasing Act repealed. There shall be in the office of the County Executive a Division of Purchase, headed by a Purchasing Director who shall be appointed by and serve at the pleasure of the County Executive. Such director shall possess at least five years of practical experience in the area of purchasing, and/or shall possess at least five years professional training in the area of purchasing, or shall possess a combination of said requirements totaling at least five years. The Purchasing Director shall, in accordance with requirements as to advertising and competitive bidding, make all purchases and sales of materials, supplies and equipment and contract for the rental or servicing of equipment for the County, except as otherwise provided in this Charter or the Administrative Code. He or she shall not contract for or furnish any services, equipment or other articles except upon receipt of authorized requisitions and certifications as to the availability of funds. The Erie County Purchasing Act, being chapter one hundred sixty seven of the laws of nineteen hundred seventeen as amended, is hereby repealed as of January first, nineteen hundred sixty one. Amended by Local Law No. 5 1980.

Section 307. Administrative heads; term; interim appointment; appointment of other officers and employees. Except as otherwise provided in this charter, the County Executive shall appoint, to serve during his or her pleasure or for such term as may be specified in this charter, the head of every department, division or other administrative unit not administered by another elective official. The appointment by the County Executive of the head of each department, division or other administrative unit including the executive division, shall be subject to confirmation by the County Legislature. The County Executive may appoint one head for two or more departments, divisions or other administrative units, subject to all requirements as to qualifications and confirmation, or may him or herself so serve without such confirmation.

All appointments shall be in writing, signed by the County Executive and filed in the Office of the Clerk of the County Legislature within ten days after the date of appointment. No such appointee shall hold office beyond the term of the County Executive by whom the appointment was made, except as otherwise specified in this Charter or applicable law, and except that unless removed the appointee shall continue to serve until the successor is appointed and has qualified or until an interim appointment is made. All holdover appointments shall require reconfirmation by the Legislature. In the event the Legislature has neither reconfirmed nor rejected a holdover appointment within a period of thirty days after commencement of the term of the subsequently elected County Executive, such appointment shall be deemed to be reconfirmed.

Upon confirmation by the County Legislature and qualifying for the office, an appointee to the position of head of a department or other administrative unit shall enter upon the duties thereof. In the event the County Legislature has neither confirmed nor rejected an appointment within a period of thirty days after the filing thereof with the Clerk of the Board, such appointment shall be deemed to be confirmed. Awaiting action by the County Legislature the County Executive may designate a qualified person to serve as such head for a period not to exceed thirty days in any calendar year.

Amended by Local Law No. 3-2006.

Section 308. Confirmation by County Legislature. Confirmation of appointment when required shall be by affirmative vote of a majority of the whole number of members of the County Legislature taken at a regular or special meeting.

Section 309. Powers of Deputy County Executive. The Deputy County Executive shall act in the absence of the County Executive and shall have all of the powers and duties of the County Executive when so acting. The Deputy County Executive shall perform such duties and have such powers as shall be delegated by the County Executive. Added by Local Law No. 1 1971.

Section 310. Division of Information and Support Services.

1. There shall be in the office of the County Executive a Division of Information and Support Services, headed by a Director of Information and Support Services who shall be appointed by and serve at the pleasure of the County Executive. The Director shall provide such information and support services as provided for in the Administrative Code and shall operate such other central facilities as may be established by the County Executive within the appropriations provided there for.
   
   NEW section 310 Added by Local Law No. 3 1989.
   
   Former section 310 REPEALED by Local Law No. 3 1989.
   
   Amended by Local Law No. 5 1974.
   
   Added by Local Law No. 13 1972.
2. Within the Division of Information and Support Service there shall be an Office of Data Processing, headed by the Director of Data Processing who shall be appointed by and serve at the pleasure of the County Executive. The Director shall be a person meeting such qualifications as may be set out in this Charter or in the Administrative Code at the time of his or her appointment. The Director shall perform such data processing services as provided for in the Administration Code.
   
   Amended by Local Law No. 3 1989.
   
   Added by Local Law No. 11 1974.
3. Subject to the approval of the County Legislature, the County Executive may enter into a contract with the federal government, state government or any municipal corporation to provide data processing services to such governments or units of government.
   
   Amended by Local Law No. 3 1989.
   
   Amended by Local Law No. 11 1974.
   
   Added by Local Law No. 13 1972.

Section 311. Veterans' Service Agency. There shall be in the Office of the County Executive a County Veterans' Service Agency, headed by a Director of Veterans' Services who shall be appointed by and serve at the pleasure of the County Executive.  Except as otherwise provided in this Charter, the Director of the County Veterans' Service Agency shall have all the powers and duties of a county director and a county service officer, as those terms are used in article 17 of the NYS Executive Law and Section 800 of the NYS County Law, in relation to veterans' affairs generally and, in conjunction with the Division of Military and Naval Affairs and other responsible state agencies, in providing information, support and assistance to members of the armed forces, including members of the reserve components thereof and members of the organized militia ordered into active duty, and veterans, who are residents of this state, and their families, with respect to (1) matters pertaining to educational training and retraining services and facilities, (2) health, medical and rehabilitation services and facilities, (3) provisions of federal, state and local laws and regulations affording special rights and privileges to members of the armed forces and veterans and their families, (4) employment and re-employment services, and (5) obtaining any benefits and awards to which they may be entitled under any federal, state or local legislation.  The Director shall perform such additional and related duties as may be proscribed by law, or by the County Executive.

Amended by Local Law No. 1-2017.

Added by Local Law No. 1-2008.

Article 3 was formerly numbered Article III.