§ 110.51. Acting County Executive; vacancy.

1.

During the absence or disability of the County Executive, the Deputy County Executive shall serve as acting County Executive to perform the administrative duties of the County Executive. The County Executive shall designate in writing any one of the following: Budget Director, Commissioner of Finance, Commissioner of Planning, Commissioner of Public Works and Transportation, Commissioner of Parks, Recreation and Conservation, Commissioner of Social Services, Commissioner of Health, County Attorney, or Commissioner of Human Resources, as an acting County Executive to perform the administrative duties of the County Executive during the absence or disability of the County Executive and Deputy County Executive. Such written designation shall be filed with the County Clerk and may be terminated and superseded at any time by the County Executive by written notice of such termination and supersession filed in the same manner as the original written designation. During the absence or disability of the County Executive, the Deputy County Executive and the acting County Executive so designated or, during the absence or disability of the County Executive and the Deputy County Executive and while no acting County Executive has been so designated, the Chairman of the County Board shall designate any one of the above named to perform such administrative duties. The Acting County Executive shall have and exercise all of the powers of the County Executive except the power of removal.

2.

If a vacancy occurs in the office of County Executive, prior to nine months before the regular expiration of such term of office, either by removal, disqualification, death or resignation, it shall be filled for the remainder of the unexpired term by a special election to be called by the County Board as soon as practicable, and in any event, to be held no later than 90 days from the date of such vacancy. Notice of a special election called hereunder shall be in the manner provided for in the election law for notice of a general election, To the maximum extent feasible, the provisions of the election law governing the conduct of the special election shall apply. It shall be the duty of the board of elections to prepare ballots, voting machines and other matters so that such election may be properly held and conducted. Notwithstanding any law to the contrary, the expenses of a special election conducted pursuant to this law shall be borne by the county, except where the special election will be held on the date of a primary election or the next general election. Pending such special election and certification of the results thereof, the County Board shall designate the head of one of the county departments, or any qualified elector of the county, other than a member of such board, to serve as County Executive. Pending the designation by the County Board of a County Executive and his subsequent qualification, the chairman of the board shall designate the head of one of the county departments as an acting County Executive.

No special election, may be called for the office of the County Executive where a vacancy occurs in said office less than nine months before the regular expiration of such term of office. In such event, the County Board shall designate the head of one of the county departments, or any qualified elector of the county, other than a member of such board, to serve as a County Executive. Pending the designation by the County Board of a County Executive and his subsequent qualification, the chairman of the board shall designate the head of one of the county departments as an Acting County Executive.

(§ 20 of the Laws of 1937, Ch. 617; amended by the Laws of 1942, Ch. 625; L.L. No. 3-1960; L.L. No. 2-1969; L.L. No. 8-1985; L.L. No. 17-1989; L.L. No. 16-1996 ; L.L. No. 1-2001; L.L. No. 19-2010, § 2 ^[])