AB 923

Powers and duties of a county executive

This bill, generally, expands some of the powers that may be exercised by the

county executive of any county with a population of 750,000 or more (populous

county) and makes other changes that apply to all counties. Generally, the bill

provides that any power conferred to a county executive or county administrator

must be broadly and liberally construed and limited only by express language. To

the extent that a conflict exists between county board action and county executive

or county administrator action, the bill provides that the action of the executive or

administrator shall prevail, to the extent of the conflict. The bill also allows a county

executive of a populous county to exercise some of the authority that would otherwise

be exercised by the county board for matters regarding property. Such authority

includes providing public liability and property damage insurance, providing fire

and casualty insurance for county property, examining and settling all accounts of

the county and all claims, and purchasing publications. In addition, the bill gives the

county executive sole authority to exercise the powers granted to the county board

with regard to establishing parking areas (populous counties only), acceptance of

donations, gifts, and grants, and transportation leases.

Current law allows a county executive of a populous county to hire and

supervise the number of employees that the county executive reasonably believes are

necessary for him or her to carry out the duties of the county executive's office. The

bill provides that the county board of a populous county may neither reduce nor

eliminate the staff authorized by the county executive for operating the office of the

county executive, nor reduce or eliminate the appropriations for the staff and

operations of the office. The bill also gives the county executive of a populous county

sole authority to determine the compensation, fringe benefits, human resources,

hiring, creation and elimination of positions, pay ranges, expense reimbursements,

and classifications for county employees.

Under current law, the county executive of any county has the authority to

coordinate and direct all administrative and management functions of the county

that are not vested in other elected officers. This bill specifies that, with regard to

a county executive of a populous county, the executive has sole authority over

administrative actions with regard to procurement, including an appeals process,

contracting, administrative review of appeals regarding the denial of certain

applications, and the actions taken under the administrative manual of operating

procedures related to the authority and powers of a county executive. Under the bill,

any such action taken by a county executive of a populous county is not subject to

submission to or approval by the county board.

Corporation counsel, appointees

Current law requires the creation of the office of corporation counsel for any

county with a population of 500,000 or more. Under current law, a corporation