(a) Chief Administrative Officer, County Attorney, heads of departments and principal offices, and other non-merit positions in the Executive Branch:
(1) The County Executive may appoint a new Chief Administrative Officer, County Attorney, head of a department or principal office, or other position in the Executive Branch designated by law as a non-merit position at any time.
a. If the Council confirms a new Chief Administrative Officer, head of a department or principal office, or person to any other position in the Executive Branch designated by law as a non-merit position, the new official automatically assumes the position from anyone who holds that position on an acting or permanent basis.
b. The County Attorney has the right to have a public hearing before the Council prior to being dismissed by the County Executive. After this right has been satisfied, if the Council confirms a new County Attorney, the new County Attorney automatically assumes the position from anyone who holds that position on an acting or permanent basis.
(2) a. If the position of Chief Administrative Officer, head of a department or principal office, or any other position in the Executive Branch designated by law as a non-merit position, is vacant, the County Executive must appoint someone to fill the vacancy.
b. The County Executive should submit the appointment to the Council within 90 days after the vacancy occurs.
(3) a. Within 60 days, the Council should vote on confirmation of an appointment.
b. The affirmative votes of a majority of councilmembers in office are necessary to confirm an appointment.
(4) If the Council votes on an appointment, does not confirm it, and does not reconsider the vote, the County Executive must make a new appointment. The County Executive should make the new appointment within 90 days after the deadline for reconsidering the vote.
(5) If the Council does not act on confirmation of an appointment within 60 days, the Council may no longer vote on that appointment. Within 90 days after the end of the sixty-day period, the County Executive should either:
a. Resubmit the appointment; or
b. Submit a new appointment.
(b) County Health Officer.
(1) A person is automatically nominated to the Secretary of Maryland Department of Health to serve as County Health Officer under State law if the County Executive and the County Council appoint and confirm the person as the County Health Officer.
(2) If the Secretary rejects the nominee for the position of County Health Officer, the County Executive and the County Council must appoint and confirm a new person to be the County's nominee for the position.
(c) County Mental Health Director. The Director of the Department of Health and Human Services serves as the County Mental Health Director under State law.
(d) Executive Director of the Office of the County Council.
(1) There is a position of Executive Director of the Office of the County Council. The Council may appoint someone to fill this position.
(2) The Executive Director of the Office of the County Council must be a professionally qualified administrator.
(3) The Executive Director of the Office of the County Council is not a merit system employee.
(4) An appointment must be by a majority vote of councilmembers in office. (1986 L.M.C., ch. 37, § 1; 1987 L.M.C., ch. 28, § 4; 1995 L.M.C., ch. 13, § 1; , § 1; ,
§1; , §1.)
Editor's note—See County Attorney Opinion dated discussing the appointment and supervision of heads of departments and principal offices. See County Attorney Opinion dated 4/10/06, concerning the Chief Administrative Officer’s authority to terminate an appointed official, which quoted Section 1A-102. Sections 3—5 of 1995 L.M.C., ch. 13, read as follows: “Sec. 3. Functions previously performed by the Department of Social Services and the Department of Health are transferred to the Department of Health and Human Services to the extent permitted by State law.
Sec. 4. The Council intends to seek State enabling legislation to permit incorporation of the Department of Health and Department of Social Services in the Department of Health and Human Services as part of the reorganization of County health and human services.
Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
