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Article 3 - Executive Branch - Code


Section 3.01 The county executive; compensation.
  3.02 Powers, duties and obligations of county executive.
  3.03 Removal of the county executive.
  3.04 Acting county executive.
  3.05 Division of budget and management.
  3.06 Division of purchase.
  3.07 Division of purchase; purchasing procedure.
  3.08 Division of information and support services.
  3.08-A County development coordination board.
  3.09 Administrative appointments and removal.
  3.10 REPEALED.
  3.11 Seal of county executive.

Section 3.01 The county executive; compensation. The compensation of the county executive shall be fixed by the county legislature.

Section 3.02 Powers, duties and obligations of county executive.

  1. The county executive shall have all the powers and duties and shall be subject to all the obligations and liabilities, heretofore or hereafter lawfully granted or imposed by the county charter, by this code, by local law, ordinance or resolution of the county legislature or by any applicable provisions of any act of the legislature not inconsistent with the county charter or this code.
  2. The county executive shall have the power and authority to subpoena and compel the attendance and the production of books, records and papers of any administrative unit, officer or employee under his jurisdiction, for the purpose of ascertaining facts in connection with any study or investigation of the affairs, functions, accounts, methods, personnel, or agency of any such administrative unit, officer or employee, and in case any person fails or refuses to obey any subpoena or fails to appear, produce books, records or other evidence required by the subpoena to testify he shall be subject to the order of a court of record in contempt proceedings. The county executive may, within the appropriations provided therefor, employ all personnel necessary to conduct such hearing.
  3. The county executive shall have power and authority to designate in writing, in connection with any study or investigation, any county officer who may administer oaths or affirmations, examine witnesses in any such hearing, receive evidence and preside at or conduct any such study or investigation and report the findings of such study or investigation to the county executive, together with any recommendations or suggestions which the designated county officer may consider to be required or advisable by the results of such study or investigation.
  4. The county executive shall have power, within the appropriations provided therefor, to appoint without confirmation by the county legislature the heads of executive divisions and all officers and employees of his own office as provided in paragraph b of section three hundred two of article III of the county charter.
  5. The county executive, to the extent to which organization of his office, or of any administrative unit, the head of which he has power to appoint, is not prescribed by law, may organize or supervise and direct the organization of any such administrative unit into such divisions, bureaus, sections of other subordinate part and make such assignments of powers and duties among them, and from time to time change or supervise and direct the changes in such organizations or assignments, as he may consider advisable.
  6. On or before the first day of November in each year, after reviewing the proposed county tax equalization rates submitted to him by the commissioner of finance, and after obtaining such additional information or holding such hearings thereon as he may deem necessary or advisable, the county executive shall fix and determine the real property tax equalization rates among the various tax districts of the county for county purposes and file the same, together with an abstract of evidence upon which the rates are based, with the clerk of the county legislature and the same shall be binding and conclusive on the county legislature. The documentary evidence used in determining the county equalization rates shall be preserved by the county executive and an abstract of the same published with the county equalization rates in the proceedings of the county legislature.
  7. The county executive shall not be an officer, director or stockholder of any depository or depositories designated by him pursuant to paragraph g of section three hundred two of article III of the county charter.
  8. In addition to or as part of the annual report to the county legislature required by paragraph i of section three hundred two of article III of the county charter the county executive shall, at least once a year, communicate to the county legislature a general statement of finances, government and affairs of the county. He shall present to the county legislature, from time to time, such information concerning the affairs of the county as he may deem necessary, or the board by resolution may request, and shall recommend such measures in connection therewith as he shall deem expedient.
  9. The county executive shall have the power to designate and authorize any officer or employee paid from county funds, except members, officers and employees of the legislative branch, to attend an official or unofficial convention, conference or school for the betterment of county government. Within the appropriation therefor and when so authorized, all necessary and actual expenses, including but not limited to a registration fee and mileage as fixed by the county legislature shall be paid from county funds.

Section 3.03 Removal of the county executive. The county executive may be removed in the manner provided by section three hundred three of article III of the county charter.

Section 3.04 Acting county executive. The acts performed by the acting county executive pursuant to section three hundred four of article III of the county charter shall have the same effect as if performed by the county executive, and the acting county executive shall have and exercise all the powers of the county executive, except the power of removal as provided in paragraph a of section 3.09 of this code.

Section 3.05Division of budget and management. The director of budget and management shall be the head of the division of budget and management and shall perform all duties in the preparation and submission of the proposed tentative budget and capital program set forth in article 18 of this code, and all duties prescribed in the charter relating to monitoring the productivity of the various administrative units of county government. The director of budget and management shall review the management, financial, performance and compliance audit issued by the comptroller and shall report to the county executive on these recommendations. The director of budget and management shall submit to the county executive monthly monitoring reports comparing projected revenues and expenditures with actual and accrued revenues and expenditures. He shall, in addition to his powers and duties set forth in the charter or this code, perform such other duties as the county executive may require. The director of budget and management shall have the power to compel the attendance of witnesses and the production of books, papers and records, to administer oaths and affirmations, and to hear proofs and take testimony necessary in the performance of such duties. A fifteen member advisory board whose members shall be appointed by the county executive shall advise the director of budget and management on all matters pertaining to the management and performance of county government. The members of this board shall not be officers or employees of the county of Erie.

All references contained in this code to the budget director shall be deemed to refer to the director of budget and management.
Amended by Local Law No. 4 1985.
Amended by Local Law No. 4 1979.

Section 3.06 Division of purchase.

  1. The purchasing director shall be the head of the division of purchase. Such division shall have a deputy director.
  2. The purchasing director and the deputy purchasing director shall each give a surety bond to the county in a sum fixed by the county legislature, conditioned for the faithful performance of his duties, which bond shall be approved as to form by the county attorney and as to the sufficiency of surety by the county executive and filed in the office of the county clerk.
  3. The purchasing director shall (1) establish and maintain a central purchasing system; (2) establish and enforce standard specifications with respect to supplies, materials, equipment and such services as are specified hereinafter; (3)upon departmental or legislative request, the purchasing division shall inspect or supervise the inspection of deliveries of supplies, materials and equipment and determine their quality, quantity and conformance to specifications; (4)maintain and have charge of such storerooms and warehouses of the county as may be provided by the county legislature; (5) disburse and transfer the supplies, materials and equipment in his custody among the administrative units upon requisitions signed by the respective administrative head or by such employees as the administrative head shall designate; (6) make transfers of supplies, materials and equipment between administrative units; (7) sell or lease any surplus, obsolete or unused supplies, materials and equipment under such rules and regulations as may be established by act of the county legislature; (8) prepare annually an inventory of all property, real or personal, in his custody, and submit the same to the comptroller, finance commissioner and budget director; (9) upon request of any city, town, village, school district or other unit of local government in the county, act as purchasing agent for the same, either for all or for any part of its purchases, upon such conditions as may be prescribed by the county legislature; (10) perform such other duties as may be required by the county executive; (11) perform under the direction of the county executive all other duties of county purchasing agent under the laws of this state, not inconsistent with the provisions of this code.
    Amended by Local Law No. 4 1982.

Section 3.07 Division of purchase; purchasing procedure.

  1. The division of purchase shall make all purchases of and contracts for supplies, materials, equipment and insurance for the county, the county legislature or any administrative unit, other than primary or election supplies or the county shall be liable. The division of purchase shall also purchase or contract for those services which are subject to bidding. A service contract which is subject to approval by the Erie county legislature or contracted for by a department head pursuant to charter or code authority shall not be considered a purchase or contract made by this division. The lease of real property shall not be considered a service for the county purchased or contracted by the division of purchase. The division of purchase will review contracts for services and shall contract for those services which are determined to be subject to bid. The county legislature shall fix a sum as the limit above which any such purchase or contract cannot be made without publishing an advertisement in a daily newspaper printed in the English language and published in the county of Erie and having a circulation of not less then fifty thousand which advertisement shall invite sealed bids for the same, provided, however, that public advertisement shall not be required for purchase of perishable foodstuffs, drugs, dental and medical supplies or purchase of primary or election supplies or services. By a resolution adopted by a two thirds vote of all its members, the county legislature may exclude the purchase of other materials, supplies, equipment, insurance or services from the requirements of public advertisement. Such advertisement shall contain a statement of time when and the place where all bids received pursuant to such notice will be publicly opened and read. At least five days shall elapse between the first publication of such advertisement and the date specified therein for the opening and reading of bids. The purchasing director or the person designated by him to open the bids at the time and place specified shall make a record of such bids in such form and detail as the purchasing director shall prescribe. The contract shall be awarded to the lowest responsible bidder furnishing the required security after advertisement for sealed bids in the manner provided in this section unless the county legislature by a two thirds vote shall determine that it will best promote the public interest that a bid other than that of the lowest bidder shall be accepted, and shall authorize, as hereinafter provided, the acceptance of such other bid. Where the bid of the lowest responsible bidder is in excess of one hundred thousand dollars ($100,000) and the bidder's product is not manufactured within the county, or the bidder's service is not performed by a contractor whose principal place of business is located within the county, and where a difference of five percent or less exists between such low bid and the lowest bid submitted by a bidder residing or having a principal place of business in the county of Erie, the purchase director shall submit the bids to the legislature to determine whether or not it will best promote the public interest to award the bid to the lowest responsible bidder residing or having a principal place of business in the county of Erie. In the event the legislature does not adopt, at its first or second meeting after submission of said bids, a resolution determining that it will best promote the public interest that such a bid be accepted instead of the lowest responsible bid, the purchase director shall award the contract to the lowest responsible bidder. In cases where two or more responsible bidders furnishing the required security submit identical bids as to price, the purchase director may award the contract to any of such bidders. The purchase director may in his discretion, reject all bids and re advertise for new bids in the manner provided by this section.
    Amended by Local Law No. 4 1982.
  2. The purchasing director may purchase supplies, materials, equipment, insurance or services to be rendered by contract without the advertisement required by paragraph a of this section in the following cases: (1) when the county executive has declared a public emergency arising out of an accident or other unforseen occurrence or condition whereby circumstances affecting the life, health or safety of inhabitants of the county of Erie require immediate action which cannot await competitive bidding; (2) when, by resolution adopted by a two thirds vote of all its members, the county legislature has determined it to be impracticable to advertise for such bids, or (3) when the county legislature is not in session, and through some accident or other unforseen circumstances the machinery, apparatus or equipment of any of the public buildings of the county shall become disabled or any of such buildings or parts thereof shall be rendered untenantable by reason of the sudden action of the elements, and the administrative head in charge of such building shall certify in writing to the purchasing director such emergency and the necessity of immediate repair of the defect. Such certificate shall be approved by the county executive.
  3. Upon the adoption of a resolution by a vote of at least two thirds of all the members of the county legislature stating that, for reasons of efficiency or economy, there is need for standardization, purchase contracts for a particular type or kind of equipment, material, services, insurance or supplies in excess of the amount specified by the county legislature in accordance with paragraph a may be awarded to the lowest responsible bidder furnishing the required security after advertisement for sealed bids therefor in the manner provided in this section. Such resolution shall contain a full explanation of the reasons for its adoption.
  4. Surplus and second hand supplies, materials or equipment may be purchased without competitive bidding from the federal government, the state of New York or any other political subdivision or district.
  5. No supplies, materials, equipment, insurance or biddable services shall be delivered except as specifically ordered by the division of purchase. No supplies, materials, equipment, insurance or biddable services shall be provided by the division to any administrative unit, office or employee except on a requisition in writing signed by an authorized person.
    Amended by Local Law No. 4 1982.
  6. Where the administrative code or other provision of law specifies that a purchase or contract is to be let by the purchasing division such purchase or contract shall be ordered by the purchasing director and the director shall certify the prices at which he made the purchases. The county comptroller shall not audit any bill or invoice for supplies, materials, equipment, insurance or biddable services unless it shall fully appear that such items or services were ordered pursuant to this code or other applicable law. All requisitions received by the purchasing director shall be filed in his office and open to public inspection under reasonable regulations for their safety and preservation. The purchasing director shall make no purchases until he has first secured the certification of the county comptroller that there are unencumbered balances available for the purpose. Procedures established for the division of purchase shall be applicable only to purchases and contracts made by the division of purchase. Other purchases and contracts shall be made pursuant to procedures established by the executive department in consultation with the comptroller.
    Amended by Local Law No. 4 1982.

Section 3.08 Division of information and support services. The division of information and support services shall be headed by the director of information and support services who shall have all the powers and duties lawfully conferred or imposed upon him by the county charter, by local law, by order or direction of the county executive, or by any applicable provision of any act of the legislature not in conflict with the county charter or this code. Such director shall be assisted by a director of data processing and by a deputy director of support services, and his powers and duties shall include the following:

  1. The provision of micrographics, printing, copying, messenger and mailing services and the care and supervision of equipment in the division of information and support services related thereto, as well as the operation of such equipment including the preparation, processing, delivery and storage of data input into or output from such equipment where appropriate; and the performance of all functions, including advice and assistance, related to the operation, installation of or modification of such equipment in all participating county departments and agencies; and the training of personnel in participating departments and agencies for the purpose of using such equipment or properly preparing data for using such equipment;
  2. The care and supervision of all vehicles and vehicle maintenance equipment in the division and the operation of a central motor pool for county employee use, as well as the collection of data on maintenance and operating costs of all county vehicles and the preparation and distribution of vehicle cost and utilization reports to participating departments and agencies;
  3. The maintenance of records regarding total operating costs of the division of information and support and charging back such costs to participating departments and agencies. The division of central services shall have the authority to require county departments to provide necessary data in usable format to compile its reports and statistics.
  4. The office of data processing shall be headed by the director of data processing who shall be a person qualified by professional training and by practical or administrative experience in the area of data processing, and who shall have all the powers and duties lawfully conferred or imposed upon him by the county charter, by local law, by order or direction of the county executive, or by any applicable provision of any act of the legislature not in conflict with the county charter or this code. Such powers and duties shall include the care and supervision of all computers and related electronic equipment in the office of data processing, the preparation of programs and data for input into such computers, the processing and storage of output from such equipment, the supply of such output information to participating county departments and agencies, and the coordination of all county owned or county operated computer installation. The office of data processing shall advise and assist all departments of the county in matters relating to the installation of new data processing applications and modifications of existing procedures; evaluate and coordinate data processing requirements for participating departments and agencies; assist in the conversion of raw data into machine usable materials or perform such function itself; carry out all functions related to the operation of data processing equipment, and train personnel of participating departments and agencies in acquisition of data in a form suitable for processing.
  5. The acquisition, replacement, operation, and informational input and output of any computers and related electronic equipment used by the department of central police services in connection with any criminal justice program shall be under the exclusive control of the commissioner of central police services, subject to contracting and purchasing regulations and procedures set forth in the charter and administrative code.
  6. The county executive may enter into contracts with the federal government, state government and any municipal corporation to provide data processing service to any such municipality or governmental entity, subject to the approval of the legislature.
    NEW section 3.08 Added by Local Law No. 3 1989.Former section 3.08 REPEALED by Local Law No. 3 1989.
    NEW section 3.08 Added by Local Law No. 5 1980.Former section 3.08 REPEALED by Local Law No. 5 1980.
    Amended by Local Law No.7-2003.

Section 3.08 A County development coordination board.

  1. There shall be a county development coordination board consisting of seventeen members who shall be as follows: the commissioner of health; the commissioner of public works; the commissioner of parks, recreation and forestry; the commissioner of environment and planning; the chairman of the environmental management council, or his designee; a member of the county legislature selected by the chairman of the legislature; eleven persons designated by the county executive subject to confirmation by the county legislature and which persons are not county officials or employees. The county executive shall designate one member who is not a county official or employee to serve as chairman of the board at the pleasure of the county executive. The deputy commissioner of planning of the department shall serve as secretary to the board. The eleven members of the board designated by the county executive shall serve for a term of two years. Meetings of the board shall be held at the call of the chairman or the deputy commissioner of environment and planning on three dayso written notice mailed to the last known address of each board member. The members of the board shall receive no salary or compensation for their services as members of such board, but shall, within the appropriations provided therefor, be entitled to actual disbursements and expenses in performing the duties of their office.
  2. The board shall have all the powers and duties conferred or imposed upon it by the county charter or by this code and shall (i) review the comprehensive plan prepared by the department of environment and planning and submit its recommendations thereon to the county executive and review proposed amendments to said plan prior to final action being taken on such amendments, (ii) review procedural guidelines for the coordination and preparation of the comprehensive plan and annual planning program, (iii) review county policies and standards for inclusion in the comprehensive plan and forward such recommendations to the county executive, (iv) recommend amendments to the comprehensive plan and annual planning program to the county executive, (v) advise the county executive in all matters within the jurisdiction of the county related to comprehensive regional, county and municipal planning and development and (vi) make recommendations on the capital budget and capital improvement program to the county executive pursuant to the procedures established by section 18.03 of this code.
    Amended by Local Law No. 11 1989.
    Amended by Local Law No. 6 1981.
    Amended by Local Law No. 5 1978.
    Amended by Local Law No. 3 1977.
    Amended by Local Law No. 9 1975.

Section 3.09 Administrative appointments and removal.

  1. Each appointment by the county executive which is made in conformity with all requirements of the charter, this code and other applicable law, and which is subject to confirmation by the county legislature shall be valid until such confirmation has been voted upon by such board, or until thirty (30) days have expired after the filing of notice of such appointment. If a majority of such board shall vote in favor of confirmation, the appointment shall be deemed confirmed immediately. If a majority of such board shall vote against confirmation, such vote shall constitute a rejection, the term of the interim appointee shall be terminated and the office or position shall be deemed vacant as of the end of the day of such vote. A person who has been thus rejected may not be appointed to the same position within the same calendar year, except after a reconsideration and reversal by the county legislature of its vote to reject. If within thirty calendar days after filing of written notice of appointment with the clerk of the board no vote shall have been taken, or if the voting shall not have resulted in a majority either for or against confirmation or rejection, the appointment shall be deemed to have been confirmed as of the thirtieth day after such filing.
  2. The county executive may: (1) nominate for confirmation the same person whom he has appointed or is appointing to an office or position, or (2) appoint one qualified person to serve not longer than thirty days in any calendar year and nominate a different person for confirmation. Under the second alternative, the appointment shall be considered a temporary appointment not subject to confirmation.
  3. If the county charter or this code prescribes specific or special qualifications for any appointment made by the county executive pursuant to section three hundred seven of article III of the county charter, the written notice of such appointment required by said section three hundred seven shall also contain a statement that such appointee has the required qualifications.
  4. Each administrative head shall have power, within the appropriations provided therefor, to appoint all deputies, other officers and employees in his respective administrative unit; to designate in writing the relative rank of such deputies, including the order of temporary succession to the duties of the administrative head during his absence or disability or in the event of a vacancy, and delegate among them such of his powers and duties as he may determine. A copy of all such designations and delegations shall be filed in the office of the county clerk.
  5. Except in the legislative or judicial branch, no appointive county office or position which hereafter becomes vacant shall be filled until the county executive has certified in writing to the county legislature the necessity of filing the same.
  6. If the county executive appoints one head for two or more administrative units, such person shall receive the salary for only one such position as the county executive shall designate. The county executive shall notify the comptroller and the county legislature of such salary designation.
  7. The county executive, except as herein otherwise provided, may remove or suspend any officer or employee appointed by him under the authority of the county charter or this code by written notice of such suspension or removal and the effective date thereof served on such officer or employee personally or by mail sent to his last known address. Whenever a person shall be suspended, such suspension shall be without pay unless otherwise determined by the board of review. In the case of those administrative heads or members of boards and commissions appointed for the term or balance thereof of the county executive or for any other definite term, the effective date of removal shall not be earlier than ten calendar days after service of said notice, which notice shall contain a statement of the charges or reasons therefor, and no removal shall be made prior to the end of such term until a hearing, if requested, has been held by the board of review as provided in section nineteen hundred three of article XIX of the county charter and an order of removal has been signed by a majority of the board of review. In the event a hearing shall have been requested, the county executive shall give at least three days written notice, served in the manner set forth in this paragraph of the time and place of such hearing. Unless a request for a hearing before such board shall have been made to the county executive in writing within seven calendar days after delivery of the notice of removal, the right to such hearing shall be deemed to have been waived.

Section 3.10 REPEALED by Local Law No. 3 1989.
Amended by Local Law No. 6 1974.
NEW section 3.10 Added by Local Law No. 14 1972.Former section 3.10 renumbered as section 3.11 by Local Law No. 14 1972.

Section 3.11 Seal of county executive.

  1. The seal of the county executive shall consist of two (2) circles, one within the other, with the words "COUNTY EXECUTIVE ERIE COUNTY, NEW YORK," around the outer circumference of the inner circle and in the center of the inner circle the word "SEAL".
  2. The following design is hereby adopted as the official and standard design of such seal:

  3. The county executive shall affix or imprint such seal upon any and all instruments requiring the same.

Former section 3.10 renumbered as section 3.11 by Local Law No. 14 1972.