§ 2.3. Executive branch.

A.

The county administrator.

(1)

The county administrator, appointed by, and responsible to, the board of county commissioners, shall be the chief administrative officer of the county and shall be responsible for all administrative matters and operations under the authority of the board of county commissioners.

(2)

The county administrator shall be appointed on the affirmative vote of four (4) members of the board of county commissioners on the basis of administrative ability and qualifications, pursuant to requirements specified by ordinance, and shall reside within the county while so employed.

(3)

The county administrator's salary shall be set by the board of county commissioners.

(4)

The county administrator may be removed with or without cause upon an affirmative vote of four (4) members of the board of county commissioners, or upon the affirmative vote of three (3) members at two (2) separate board meetings held at least two (2) weeks apart. Grounds for removal for cause shall include flagrant neglect of duty, physical or mental incapacity, conviction for the commission of a felony, violation of any statute relating to conduct of public employees, or such other grounds as may be provided by ordinance.

B.

County department heads.

(1)

The county department heads, with the exception of the county attorney and the director of economic development, shall be appointed by the county administrator, with the advice and consent of the board of county commissioners, and shall be responsible to the county administrator.

(2)

The county administrator shall have the authority to suspend or discharge any department head, other than the county attorney and the director of economic development, with or without cause. Procedures for the suspension or discharge of department heads shall be as provided by ordinance.

C.

Noninterference with employees.

(1)

Except for the purposes of inquiry and information, the members of the board of county commissioners shall not interfere with the performance of the duties of any employee of the county who is under the direct or indirect supervision of the county administrator.

(2)

The board of county commissioners shall have the authority to enforce this subsection against a county commissioner by a suit for injunctive relief in the circuit court. If an injunction is granted against a commissioner, such commissioner shall be personally liable for all costs and reasonable attorney's fees incurred by the board. If an injunction is not granted against the commissioner, such commissioner shall be entitled to payment by County of all costs and reasonable attorney's fees incurred in defending such action.

(3)

In the event a commissioner against whom an injunction has been entered is subsequently found to be in contempt of the injunction, such commissioner's seat shall be deemed vacant and the vacancy shall be filled pursuant to the provisions of this home rule charter.

(4)

Violation of subsection C(1), above, shall also constitute malfeasance in office for purposes of recall under the provisions of this home rule charter.

D.

County attorney. There shall be a county attorney selected by the board of county commissioners who shall serve at the pleasure of the board. The county attorney shall not be under the direction and control of the county administrator but shall, instead, be responsible directly to the board of county commissioners.

E.

Administrative code. An administrative code shall be prepared by the county administrator and adopted by the board of county commissioners. The administrative code shall contain a description of each department under the authority of the county administrator and shall include, but not limited to, the organization and functional responsibilities of each department and the methods whereby the public may obtain information or make submissions or requests. The administrative code shall be adopted on or before January 1, 1994, and shall be updated as necessary to ensure that the information therein is accurate.

F.

Director of Economic Development. There shall be a director of the economic development office selected by the board of county commissioners who shall serve at the pleasure of the board. The director of the economic development office shall not be under the direction and control of the county administrator but shall, instead, be responsible directly to the board of county commissioners.

(Ord. No. 88-9, § 2, 4-26-88; Res. No. 92-192, § 3(4), 9-8-92; Res. No. 98-094, § 3(2), 7-28-98; Res. No. 2010-63, § 8, 7-27-10)

Editor's note

Res. No. 92-192 was approved at an election held Nov. 3, 1992, with the amendments effective Jan. 1, 1993. Res. No. 98-094 was approved at an election held Nov. 3, 1998, with the amendments effective Jan. 1, 1999. Res. No. 2010-63 was approved at an election held Nov. 2, 2010, with the amendments effective Jan. 1, 2011.