Napa County Municipal Code Ch. 2.08 County Executive Officer

A. There is hereby established the office of County Executive Officer for the County of Napa (hereinafter referred to as "CEO"). The CEO shall act under the supervision of the board of supervisors and be subject to its direction. Wherever in federal or state law reference is made to an administrative officer of a county, the position of CEO shall be deemed to be such officer.

B. The CEO shall exercise overall responsibility for sound and effective management of county government, pursuant to board policy and the adopted budget. The CEO shall exercise clear and direct management authority and responsibility and shall be accountable to the board.

(Ord. 1190 § 2 (part), 2002)

The CEO shall be chosen upon the basis of knowledge and skills in public administration, demonstrated administrative ability, and knowledge of public budgeting, personnel, finance, and organization. The CEO shall also be chosen on the basis of the person's executive and administrative qualifications with special reference to the person's actual experience in, or the person's knowledge of, accepted practices with respect to the duties of the office as hereinafter set forth.

(Ord. 1190 § 2 (part), 2002)

A. Appointment. The CEO shall be appointed by and serve at the will and pleasure of the board of supervisors.

B. Salary and Benefits. The salary of the CEO shall be established by the board of supervisors and be paid by the auditor-controller in the same manner as the salaries of other county employees. The CEO shall be entitled to all of the benefits conferred upon other county non-classified employees.

(Ord. 1190 § 2 (part), 2002)

A. The CEO is accountable for the effective administration and management of all governmental affairs of the County which may legally be placed in its charge and control.

B. The primary duties and responsibilities of the CEO shall be to plan, organize, control and direct the overall operation of the county; prepare, present and monitor the county budget; promote county activities and affairs with government and private entities, community organizations, industry and the general public; and serve on various committees and agencies. The CEO shall have the authority to require and receive any and all information from any county department the CEO may deem necessary to fulfill the above-enumerated duties and responsibilities.

C. Further duties and responsibilities of the CEO shall include, but are not limited to, the following:

1. Policy Formation. The CEO shall develop and recommend policy and policy alternatives to the board of supervisors for consideration. It shall be the role of the CEO to advise the board of supervisors in the development of policy matters through the analysis, development and presentation of policy alternatives, including the anticipated consequences of such alternatives and the cost-benefit analysis of such alternatives. Furthermore, the CEO shall attend board meetings and advise on matters of policy and administration.

2. Policy Implementation. The CEO shall implement the policies adopted by the board of supervisors and shall ensure they are properly distributed and explained to all affected personnel.

3. Departmental Duties and Responsibilities. To the extent permitted by law, the CEO shall:

a. Receive projects that the board of supervisors has directed to the CEO for action, and refer those projects to the appropriate department.

b. Monitor, and report to the board regarding, the performance of county departments.

c. Evaluate all proposed departmental programs and recommend those to the board of supervisors the CEO feels should be approved or modified; periodically evaluate existing departmental programs and recommend changes to the board where they are indicated.

d. Evaluate departmental organization on a continuous basis, subject to the limitations of state law or the directives of the board of supervisors; initiate changes in directives of the board of supervisors, initiate changes in interdepartmental organization, structure, duties or responsibilities when warranted, including authorizing the transfer of equipment between departments; assign space to county departments in county facilities, and authorize budgeted out-of-county travel and in-county business expense in accordance with rules and regulations-based upon policies established by the board; recommend to the board of supervisors the transfer of positions between departments and the consolidation or combining of county offices, departments, positions, or units.

e. Annually review the performance of the duties of all appointed department heads, except County Counsel and the Agricultural Commissioner, based upon mutually agreed to goals and objectives and recommend increases or decreases in compensation in accordance with demonstrated performance; confer with department heads as necessary to discuss performance in meeting goals and objectives.

f. Appoint, transfer, discipline, suspend or dismiss, as appropriate, any non-elective department head who is not required to be appointed by the board of supervisors or who does not serve a fixed term of office; such department head shall serve at the pleasure of and be appointed by the CEO. In those cases where the board of supervisors is the appointing authority under this subparagraph, the CEO shall:

i. Recommend to the board of supervisors, for its consideration and appointment, qualified candidate(s) to fill any vacancies; and

ii. Recommend to the board of supervisors, for its consideration and determination, any legally permitted course of action relating to such department head, as appropriate.

g. When necessary, or upon a department head's request, assist department heads in solving problems which inhibit efficient operation within a department or creates friction between departments.

h. Provide management training and develop leadership qualities among department heads to build a county management team that can plan for and meet future challenges.

4. Authority to Approve Emergency Transactions. The board of supervisors does hereby delegate to the CEO the power to enter into and execute contracts as authorized by Public Contracts Code Section 20132 during "emergencies." "Emergencies" shall mean situations requiring immediate action by the county where delaying action until the board of supervisors meets would endanger public peace, health, or safety. The CEO shall also have the authority to approve "emergency" purchases and "emergency" travel requests, and shall immediately report all such approvals to the board of supervisors in writing.

5. Management of the County's Executive Office. The CEO, through its Executive Office, shall coordinate the activities of all county departments, preparing recommendations to the board and executing board directives as they relate to departmental operations. The Executive Office personnel, under direction of the CEO, shall also provide support, advice and assistance to all county departments. The CEO shall serve as a problem-solver, coordinator, mediator or other role(s) as determined appropriate by the board of supervisors in serving the needs of each county department and county government overall.

6. Staff to the board of supervisors. The CEO and Executive Office personnel shall provide staff support to the board of supervisors.

a. The CEO, under the direction of the board of supervisors, shall represent the board of supervisors and the county generally in public relations, at the local level, regionally, and in County-State matters.

b. As staff to the board, the CEO is authorized to coordinate and facilitate the public meeting agenda process of the board of supervisors. The CEO shall ensure that all board agenda requests are complete and that all relevant information is available for effective decision making. The CEO furthermore has the authority to request and receive justification of an item from a department head as the CEO deems appropriate to effectively and efficiently conduct county business. The CEO is authorized to set the agenda for each regular and special meeting of the board of supervisors.

7. County Budget.

a. As county budget officer, the CEO shall supervise and direct the preparation of the annual county budget. In the performance of this duty the CEO shall review and evaluate all departmental requests and all items in the proposed budget including expenditures, revenues and reserves. The CEO shall submit the proposed budget to the board of supervisors together with a written report and recommendations which shall be based on board of supervisors policy direction, revenue projections, budget targets, and proposed goals, objectives, work programs and projects developed by the various departments;

b. The CEO shall evaluate the budget adopted by the board of supervisors on an ongoing basis to assure that throughout the fiscal year such revenues and expenditures are consistent with the annual budget and necessary and proper.

c. The CEO shall report to the board of supervisors, not less than semi-annually, the status of the budget expenditures and revenues and recommend adjustments as necessary.

d. All requests for changes in the annual budget shall first be submitted to the CEO who shall transmit them to the board of supervisors together with recommendations; provided, however, pursuant to Section 29125 of the Government Code, the CEO is hereby granted the authority to approve transfers and revisions within an appropriation.

8. Legislative Activity. The CEO shall monitor legislative matters as they relate to county and local government, economic development, and other county issues. It is expected that individual board members should have ready access to legislative matters, including current, pending and proposed matters, through and with the assistance of the CEO and Executive Office personnel. Furthermore, the CEO shall perform legislative analysis and coordinate the development of recommendations to the board concerning legislative activities.

9. Employee Bargaining. The CEO shall participate as necessary with the designated board employer-employee representative in the meet-and-confer process with employee representatives.

10. Contractual Matters. To the extent authorized by the board of supervisors, the CEO shall participate in negotiation, implementation and oversight of county contracts.

11. Emergency Services. The CEO serves as the director of emergency services and exercises control of county government in extreme emergencies when there is not sufficient opportunity for the board of supervisors to act, hire necessary extra personnel and purchase necessary supplies and equipment to meet such emergencies.

12. Purchasing Agent. The CEO shall serve as the purchasing agent for the county.

13. Local Enforcement Agency (LEA). The CEO shall serve as the LEA director for the county.

14. Risk Management/Insurance. The CEO shall oversee all county insurance programs and be responsible for risk management and safety operations.

15. Policy Manual. The CEO shall supervise and direct the preparation and maintenance of a county administrative code which sets forth the policies and procedures of the board of supervisors regarding the administrative affairs of the county, including the procedure for review of departmental matters by the CEO prior to the submission of such matters to the board of supervisors. The CEO shall utilize executive orders as appropriate to provide administrative direction to departments.

16. Duties Performed For Ex Officio Governing Bodies. The duties herein provided and the services to be rendered by the CEO shall be performed for the board of supervisors in connection with any entities for which the board of supervisors may be ex officio the governing body.

(Ord. 1190 § 2 (part), 2002)

(Ord. No. 1399, § 2, 3-24-2015)

A. The CEO may be removed from office if the removal occurs in accordance with the following procedure:

1. Removal Without Notice. The board of supervisors may remove the CEO from office without notice providing not less than four of the five Supervisors vote in the affirmative for such removal.

2. Removal With Notice. In all other cases, the CEO shall be entitled to a notice of at least three months if the board of supervisors intends to remove said CEO from office. Alternatively, the board, in its sole discretion and by simple majority vote, may provide written notice immediately relieving the CEO of his/her duties and placing the CEO on a three month paid leave of absence commencing the day following the effective date of removal. Compensation during the above three month leave shall include any salary adjustments and employee benefits that may occur during that period of time. This three month paid leave of absence shall be in addition to any severance the CEO may be entitled to pursuant to the County Management Compensation Plan Policy.

B. Notwithstanding subparagraph (A) above, the CEO may not be removed from office during the first ninety days following the effective date of any change in the membership of the board of supervisors unless all five sitting Supervisors vote in the affirmative for such removal.

C. In the event that this chapter is, at a future date, modified or repealed, the rights granted in this section shall be vested to the CEO so appointed or holding office prior to any such modification.

(Ord. 1190 § 2 (part), 2002)

A. Information and Cooperation. Each county officer or department head, upon the request of the CEO shall provide any record or other information relating to the administrative operation of such department and shall otherwise cooperate in the review or investigation of the administrative operation of such department. Each county officer or department head shall promptly comply with any written directive by the CEO relating to the use of personnel, equipment or facilities of such office or administrative procedures relating thereto.

B. Conduit to board. All requests for board action shall be through the CEO, who shall schedule items for consideration by the board of supervisors. If the CEO makes a recommendation which is adverse to the request, the CEO shall notify the officer or department head of the time when the same will be presented to the board and the officer or department head may either withdraw the request before its presentation to the board or he/she may appear before the board and be heard.

C. Contact With Board. Except for requests that an item be agendized for board consideration and action, nothing contained in this chapter shall be construed as restricting the ability of county officers or department heads from contacting Board members directly.

(Ord. 1190 § 2 (part), 2002)

Notwithstanding any provisions of this Chapter to the contrary:

A. None of the provisions of this Chapter shall be construed to in any way infringe uponany of the statutory duties, rights and authorities of any elected or board-appointed county officer.

B. None of the provisions of this Chapter shall be construed to vest in the CEO any power or duty (including functions, prerogatives, discretions, and responsibilities) now conferred by law upon any other county officer or employee.

(Ord. 1190 § 2 (part), 2002)