Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 202
Department heads
Alternative County Government (ACG) CHAPTER 11-B, ARTICLE 5
§ 202. Department heads. 1. The county executive shall appoint, to
serve during his pleasure, the head of every department or office not
administered by an elective official, except that an appointive auditor
or comptroller shall always be appointed by the board of supervisors and
except as otherwise specifically provided in this chapter. The
appointment of the head of any department or office in a county adopting
the county administrator form, the county director form or the county
president form, shall be subject to confirmation by the board of
supervisors. The county executive may with the approval of the board of
supervisors appoint one head for two or more departments. All
appointments shall be in writing under the hand of the county executive
and filed and recorded in the office of the county clerk. A duplicate
certificate of each appointment shall be filed with the clerk of the
board of supervisors within ten days after the appointment is made.

2. Subject to the provisions of section five of the public officers
law, the head of any such department or office, unless reappointed for a
new term, shall not be authorized or permitted to serve beyond the term
of the county executive by whom the appointment was made, except that he
shall continue to serve until his successor is appointed and has
qualified.

3. In any county adopting the county administrator form, the county
director form or the county president form, the county executive may
appoint the head of any department by interim appointment pending
confirmation. Any such interim appointment shall be effective for ninety
days only and may not be renewed or extended. The county executive may,
however, act as head of the department, or designate a deputy in the
department to be acting head until the appointment is confirmed or the
position otherwise filled.

4. The head of a department, one deputy and the confidential secretary
of the head of each department or office shall be in the exempt class of
the civil service. This section shall not affect any other position in
the exempt class now or hereafter included therein by or pursuant to
law.

5. Except as otherwise provided in this chapter and subject to any
pertinent provisions of the civil service law, the head of every
department and office shall appoint all of his subordinates. Except as
otherwise provided in the civil service law, such subordinates shall
serve during his pleasure.