§ 404. Removal of appointive officers in executive branch.  


Latest version.
  • (a)

    County administrative officer. The county executive may remove the county administrative officer during the term for which he shall have been appointed; provided, however, that at least thirty days before such removal becomes effective, the county executive shall notify, in writing, the county administrative officer of his reasons for such removal and shall simultaneously submit a copy of such notice to the county council. The county administrative officer may reply in writing and may request a public hearing before a joint meeting of the county council and the county executive. Such hearing shall be held not earlier than twenty days nor later than thirty days after the filing of such request. After such public hearing, if one be requested, the county executive may remove the county administrative officer from his office. Simultaneously with the filing with the county council of his notice of removal of the county administrative officer, the county executive may suspend the county administrative officer from his office for the ensuing thirty days, but shall in any case cause to be paid to him forthwith any unpaid balance of his salary. In the event of the removal of the county administrative officer, he shall receive his salary for the next three calendar months following the filing of the notice of removal as aforesaid.

    (b)

    Removal of other appointive officers. Except when provisions for removal are set forth in this Charter, the county executive may remove the heads of any offices and departments appointed under Section 402 in the executive branch of county government for which provision is made in this Charter. Subject to the merit system provisions of the county personnel law as set forth in Article VIII of this Charter and with the approval of the county executive, the county administrative officer may remove at any time any other officer or employee in the administrative services of the county. ( Bill No. 16-18 , § 1; approved by the voters Nov. 6, 2018; effective Dec. 6, 2018)