The executive power of the County shall be vested in a County
Executive. The Executive shall be elected at large on November 8,
1994, for a four (4) year term, beginning January 1, 1995.
3.101.
Until January 1, 1995, the executive branch functions of the
County shall be performed by present Presiding Commissioner, who shall
receive the current salary of forty-three thousand five hundred dollars
($43,500.00) per year.
To hold office as the County Executive, a person shall:
3.201.
Be a registered voter of the County at the time of filing; and
3.202.
Be a resident of the County for a period of not less than two
(2) years immediately prior to the general election; and
3.203.
Be at least twenty-five (25) years of age; and
3.204.
Not engage in any of the following activities:
3.204.1.
At the time of assuming office, and during
the term in office, hold any other remunerative office with the United
States, the State of Missouri, St. Charles County, or any political
subdivision of the State; nor, at any time while serving in office;
or
3.204.2.
At any time while serving in office carry
on any trade, occupation, business or enterprise for personal pecuniary
profit or gain during the normal business hours of St. Charles County;
or
3.204.3.
At any time while serving in office engage
in commercial enterprise, or otherwise receive compensation for services
rendered as an employee, or officer or by contractual arrangements
with private interests which engage in business transactions with
the County; or
3.204.4.
At any time while serving in office own stock
or any other investment in any corporation or similar legal entity
amounting to more than five percent (5%) ownership interest in the
authorized and issued stock or other investment in that corporation
or similar legal entity which engages in business transactions with
the County.
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The County Executive shall forfeit his office if he willfully violates this Subparagraph or willfully conceals an ownership interest in a corporation or similar legal entity that violated this Subparagraph, or existing regulations of conflict of interest and lobbying found in Chapter 105, Revised Statutes of Missouri. This Subparagraph shall not apply to notaries public or to membership in the military forces of the United States or the State militia.
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The County Executive shall be elected at the general election
of 1994 and every four (4) years thereafter.
If the office of the County Executive becomes vacant, a person
of the same political party as the previous occupant (if so affiliated)
shall be appointed by the County Council to hold that office until
January first (1st) following the next general election. A successor
shall be elected at the next general election for the unexpired or
full term as the case may be.
The County Executive shall be responsible for the administration
of all affairs of the County placed in the County Executive's
charge by applicable law. The County Executive may appoint an executive
staff as may be authorized by ordinance. All of the executive staff
shall serve at the pleasure of the County Executive and shall not
be subject to the merit system.
In addition to other powers and duties herein provided, the
County Executive shall:
3.601.
Appoint, except as otherwise provided in this Charter, and subject
to approval as herein provided:
3.602.
Delegate and assign to directors, commissioners, heads of departments,
county employees, as well as members of boards and commissions, duties
and functions not inconsistent with applicable law; and
3.603.
Upon the occurrence of any vacancy in any appointive or elective
office except Council member, designate an acting officer to serve
until the vacancy is filled in the manner provided in this Charter.
The acting officer shall serve for no more than one hundred eighty
(180) days. If the vacancy has not been filled in the manner provided
in this Charter within one hundred eighty (180) days, the County Executive
shall submit the acting officer's nomination to the County Council
for their approval. If the County Council approves the nomination,
the acting officer shall serve until such time as the vacancy is filled
in the manner provided in this Charter; and
3.604.
Employ, by and with the approval of the Council, experts and
consultants in connection with any of the functions, services, and
activities of the County; and
3.605.
Coordinate and supervise the work of the departments, boards,
and agencies of the County which are subject to the control of the
County Executive; and
3.606.
Transfer temporarily, with the consent of the head of the office
or department, deputies or employees from one office or department
to another office or department to promote efficiency and economy;
and
3.607.
Execute and enforce the provisions of this Charter, the laws
of the State pertaining to the Government of the County, and the ordinances,
resolutions, orders and policies of the Council; and
3.608.
See that all contracts with the County are faithfully performed
and cause to be instituted in the name of the County appropriate actions;
and
3.609.
Attend regular meetings of the Council and participate in its
discussions without vote, and attend such other meetings as the Council
may require; and
3.610.
Recommend to the Council such measures as may, in his opinion,
tend to improve the County Government and the general well being of
the people; and
3.611.
Submit to the Council an annual report of the affairs of the
County and such other reports as may be requested by the Council or
any three (3) members; and
3.612.
Promote and encourage cooperative relationships between the
County and the political subdivisions within the County in matters
relating to public health, safety, and public welfare and any and
all other governmental functions in which the people of the County
could gain through better cooperative arrangements; and
3.613.
Examine parties, witnesses and others on oath or affirmation
touching any matter or circumstances in the examination of any payroll,
account, demand or claim against the County and have access to all
County books, records and papers kept by County officers and employees;
and
3.614.
Represent the County and perform such other duties as may be
prescribed by applicable law or as may be necessarily implied by the
powers and duties herein specified; and
3.615.
Establish from time to time by executive order, systems of administrative
organization in the departments which shall be as uniform as the various
departmental functions will permit and which shall not be inconsistent
with any ordinance; and
3.616.
Submit to the Council for approval by ordinance an annual balanced
budget at the time and in the manner provided in this Charter and
by ordinance.
Except as otherwise provided in this Charter, the County Executive
shall have the right to veto any bill, and veto or reduce any expense
of an appropriation or budget ordinance.
3.701.
Every bill shall be presented to the County Executive within
three (3) working days after its adoption or enactment by the County
Council.
3.702.
Within ten (10) working days after its presentation, the County
Executive shall either sign the bill and return it to the County Council
or veto the bill and return it to the County Council with a written
and signed statement of the reasons for his veto or reduction.
3.702.1.
The County Executive may also sign and partially
veto an appropriation bill and return it to the County Council with
a written and signed statement of the reasons for a partial veto.
3.703.
If a bill is not returned by the County Executive within ten
(10) working days after its presentation, it shall be considered enacted
without the Executive's signature.
3.704.
Within thirty (30) working days after a bill has been vetoed
and returned, or partially vetoed and returned, the County Council
may override the veto or partial veto by enacting the bill with a
minimum of two-thirds (2/3) of the Council voting in the affirmative.
The salary of the County Executive shall be fixed by ordinance.
3.801.
For the first (1st) term beginning January 1, 1995, the salary
shall be fixed prior to February 1, 1994. This salary shall be not
less than fifty-five thousand dollars ($55,000.00) nor more than seventy-five
thousand dollars ($75,000.00) annually.
3.802.
The salary of the County Executive for future terms of office
shall be fixed by the County Council before February 1, 1998, and
before February first (1st), each four (4) years thereafter. The amount
of salary of the County Executive for future terms shall be fixed
at the discretion of the County Council.
In addition to any other executive staff, there shall be a professionally
qualified Director of Administration who shall be appointed by and
may be removed by the County Executive. Appointment shall be on the
basis of executive and administrative qualifications. The administrator
shall be the principal managerial aide to the County Executive and
shall perform such duties as may be assigned to him by the County
Executive. Subject to the direction of the County Executive, duties
shall include supervision of all departments, offices and agencies
of the executive branch, advice to the County Executive on all administrative
matters and performance of other duties as assigned by the County
Executive or this Charter.
3.901.
The salary of the Director of Administration shall be fixed
by the County Executive as part of the annual budget, subject to approval
by the County Council. Such salary shall be paid to the Director in
lieu of all fees, commissions, penalties, charges or other money due
to or receivable by such officer. Salary, mileage, travel and other
actual and necessary expenses incurred by the Director shall be reimbursed
as provided by ordinance.
