The County: The "Dark Continent" of American Politics

by Henry S. Gilbertson

§ 241. Submission of article. If prior to the first day of October in any year one percentum of the registered electors of any county shall file with the appropriate officer a petition for the submission of the question of the adoption of this article, the said officer shall prepare the following question to be submitted at the general election held in that year, in the same manner as other questions are submitted: “Shall article fourteen-b of the county law, providing for government by a board of county supervisors and a county manager, apply to the county of (name of county)?”

§ 242. Election of county officers. If a majority of all votes cast on such proposition be affirmative, there shall be elected in the county at the next succeeding general election, in the same manner as are other county officers, five officers to be known as county supervisors. The said county supervisors shall hold office for a term of three years, commencing at noon on the first day of January next succeeding their election; provided, however, that of those elected at the first election under this article two shall hold office for one year, two for two years, and one for three years, the designation whereof shall be made on the election ballot.

§ 243. County supervisors; qualifications; vacancies and removals. County supervisors shall be electors of the county. When a vacancy shall occur, otherwise than by expiration of term, in the office of county supervisor, the same shall be filled for the remainder of the unexpired term at the next general election happening not less than three months after such vacancy occurs; and until such vacancy shall be filled the governor shall fill such vacancy by appointment. A county officer may be removed by the governor in the same manner as a sheriff.

§ 244. The board of supervisors; organization, powers, compensation of members. The county supervisors in each county adopting this article shall constitute the board of supervisors of such county and the powers and duties conferred and imposed upon the board of supervisors and the officers and committees thereof in any general or special law are hereby devolved upon the board so constituted, together with such other powers, duties and responsibilities as may be conferred upon them by law, to be exercised subject to the provisions of this article. When the county supervisors elected within such county shall have qualified the supervisors of the several towns and wards of cities within the county shall cease to convene as a board of supervisors or to exercise any of the powers and duties required to be exercised by the board of supervisors of the county. The board shall elect one of its number president, whose powers and duties shall be determined by said board, and shall adopt rules for the conduct of its business. Each member of the board shall receive an annual compensation not to exceed five hundred dollars, the amount of which shall be determined by the said board for attendance upon each of its meetings, provided, that the total amount shall not exceed five hundred dollars. Such compensation shall be a county charge and in addition to the actual necessary expenses incurred for transportation in going to and from the meetings of the board.

§ 245. Election officers. No person who shall hold or be elected to any elective county office at or before the election at which this article is adopted shall be removed therefrom under authority of this article before the expiration of the term for which he was elected or appointed to fill a vacancy.

§ 246. The county manager; appointment; qualifications; tenure; compensation. The board of supervisors shall appoint an officer who shall be a citizen of the United States but who, at the time of his appointment, need not be a resident of the county, to be known as the county manager. The said county manager shall execute to the county good and sufficient sureties, to be approved by the county judge, in a sum to be fixed by the board of supervisors, conditioned upon the faithful performance of his duties. He shall not be personally interested in any contract to which the county is a party; he shall hold office at the pleasure of the board of supervisors, and upon removal, the said board shall furnish him with a written statement of the reasons for such action, signed by at least two members thereof. The board of supervisors shall prescribe the salary of such county manager and the compensation of the assistants and subordinates to be appointed by him, which shall be a county charge and may be increased or diminished at any time. A member of the board of supervisors, during the term for which he is elected or appointed, shall not be eligible for the office of county manager.

§ 247. Duties and powers of the county manager. The county manager shall be the administrative agent of the board of supervisors. It shall be his duty

(a) To attend all meetings of the board of supervisors;

(b) To see that the resolutions and other orders of the board of supervisors and the laws of the state required to be enforced by such board, are faithfully carried out by the officers and employees of the county, including all officers chosen by the electors;

(c) To recommend to the board of supervisors such measures as he may deem necessary or expedient for the proper administration of the affairs of the county and its several offices;