§ 402. County executive.

(a)

Nature and term of office; mode of election; qualifications; salary. The county executive shall be the chief executive officer of the county and the official head of the county government. In such capacity, he shall be the elected executive officer mentioned in Section 3 of Article XI-A of the constitution of this state. He shall be nominated in the primary elections in the same manner as other elected county officials and shall be elected on the general ticket by the qualified voters of the county to serve for a term of four years and until his successor shall be elected and qualify; provided, however, that the county executive shall be ineligible to serve for more than two consecutive terms, beginning with the election in 1978. The county executive shall qualify on the first Monday in December following his election or as soon thereafter as practicable and shall enter upon the duties of his office immediately upon such qualification. The county executive shall be a qualified voter of the county, not less than twenty-five years of age, and shall have been a resident of the county for at least five years next preceding his election. He shall devote his full time to the duties of his office and shall be paid an annual salary pursuant to Section 405 of this Charter. (Bill No. 80, 1978, § 1) (Approved by voters Nov. 7, 1978; effective Dec. 8, 1978)

(b)

Vacancy. Whenever for any cause the office of the county executive shall become vacant, the same shall be filled by the affirmative vote of a majority of the total number of county council members established by this Charter. The person so elected by the council shall possess the same qualifications for the office as hereinabove provided in Section 402(a) hereof, shall belong to the same political party as his predecessor (unless his predecessor was not a member of a political party) and shall serve the unexpired term of his predecessor and until his successor shall qualify. (Bill No. 80, 1978, § 1) (Approved by voters Nov. 7, 1978; effective Dec. 8, 1978)

(c)

Temporary absence of county executive. During the temporary disability or absence from the county of the county executive, the county administrative officer shall serve as acting county executive. If both the county executive and the county administrative officer are temporarily disabled or absent from the county, the director of budget and finance, as the acting county administrative officer, shall also serve as acting county executive, unless the county council designates the head of another office in the administrative services, or the director of public works to serve as acting county executive. If a county executive fails actively to perform the daily duties and responsibilities of his office for a continuous period of six months, the county executive's office may be declared vacant by the affirmative vote of a majority of the total number of county council members established by this Charter, and such vacancy shall thereupon be filled in the manner above provided in Section 402(b) of this Article. An acting county executive shall have the same rights, duties, powers and obligations as an elected incumbent of said office, exclusive, however, of the power of executive veto. (Bill No. 80, 1978, § 1) (Approved by voters Nov. 7, 1978; effective Dec. 8, 1978; Bill No. 13-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018; Bill No. 16-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018; Bill No. 19-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)

(d)

Duties of the office. The county executive shall be responsible for the proper and efficient administration of such affairs of the county as are placed in the county executive's charge or under the county executive's jurisdiction and control under this Charter or by law. In addition to and not by way of limitation of the county executive's general duties of supervision and management of the executive branch of the county government, the county executive shall have the following express responsibilities, duties and powers: ( Bill No. 16-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)

(1)

To supervise, direct and control, subject to law and the provisions of this Charter, the administrative services of the county;

(2)

To present to the county council the annual county budget in the manner and form hereinafter in this Charter provided;

(3)

To communicate to the county council at least once a year a general statement of the finances, government and affairs of the county, with a summary statement of the activities of the several departments and offices thereof;

(4)

To present to the county council from time to time such other information concerning the business and affairs of the county as he may deem necessary, or as the county council by resolution may request, and to recommend such measures for legislative action as he may deem expedient;

(5)

To see that the county officers, boards, agencies, commissions, departments and employees faithfully perform their duties, and to employ, with the approval of the county council, experts and consultants in connection with any of the functions of the county government;

(6)

To see that the laws of the state pertaining to the affairs, good order and government of the county, and the acts, resolutions, ordinances and public local laws of the county are duly executed and enforced within the county;

(7)

To make or cause to be made any study or investigation which in his opinion may be in the best interests of the county, including but not limited to investigations of the affairs, functions, acts, methods, personnel or efficiency of any department, office or officer under his jurisdiction;

(8)

To veto, in his discretion, legislative acts of the county council, in the manner, at the times and subject to the limitations provided in Article III, Section 308(g) of this Charter;

(9)

To appoint or reappoint at the commencement of each term, subject to confirmation by the affirmative vote of a majority of the total number of county council members established by this Charter, the county administrative officer at the conclusion of his or her term and the heads of all offices and departments of the county government for which provision is made in this Charter. If the council fails to act to confirm or reject any appointment within forty days of its submission to the council by the county executive, the appointment shall stand approved; (Bill No. 80, 1978, § 1; approved by voters Nov. 7, 1978; effective Dec. 8, 1978; Bill No. 172, 1981, § 1; approved by voters Nov. 2, 1982; effective Dec. 3, 1982; Bill No. 73, 2002, § 1, approved by voters Nov. 5, 2002, effective Dec. 5, 2002; Bill No. 16-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)

(10)

To appoint the members of all boards, commissions and authorities created in or pursuant to this Charter or by law;

(11)

[Repealed];

( Bill No. 16-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)

(12)

To sign on the county's behalf all deeds, contracts and other instruments which prior to the adoption of this Charter required the signature of the president or any member of the board of county commissioners, and to affix the county seal thereto;

(13)

Except as otherwise expressly provided in this Charter, to issue or cause to be issued all administrative orders, licenses and permits which prior to the adoption of this Charter were issued or granted by the county commissioners; subject, however, to the right of any party aggrieved thereby to appeal to the county board of appeals as provided in Article VI of this Charter;

(14)

[Repealed];

( Bill No. 16-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)

(15)

To appoint a confidential clerk or secretary who shall be known as "Secretary to the County Executive," who shall have and may exercise all powers and functions heretofore conferred on the secretary of the board of county commissioners, including but not limited to the power to attest the signatures of all county officials;

(16)

To delegate, with the approval of the county council, any of the duties of his office to the county administrative officer, with the exception, however, of his power of executive veto;

(17)

To perform such other duties as may be prescribed by this Charter or required by ordinance or resolution of the county council or as may be necessarily implied from the powers and duties herein specified.

(Bill No. 43, 1974, § 1; Bill No. 58, 1976, § 1, approved by voters Nov. 2, 1976, effective Dec. 2, 1976)

  Annotations— Since the county executive has the duty to supervise, direct and control the administrative services of the county, he must of necessity acquire appropriate office space and such other facilities as may be necessary from time to time properly to conduct the county's business, and this is an executive rather than a legislative function. Hormes v. Baltimore County et al., 225 Md. 371, 170 A.2d 772 (1961).
 This section cited in Cohen v. Baltimore County, 229 Md. 519, 185 A.2d 185 (1962)
 This section cited in Kone v. Baltimore County, 231 Md. 466, 190 A.2d 800 (1963).
 This section cited in Hormes v. Baltimore County, 225 Md. 371, 170 A.2d 772 (1961).