Nevada County Municipal Code Ch. 5 County Executive Officer County Administrator

There is hereby created in the exempt service of Nevada County the position of County Administrator, who shall be called the County Executive Officer (CEO). The CEO is the County's administrative officer pursuant to Cal. Gov't Code § 24000(t), except as otherwise provided by the Board of Supervisors. The County Executive Officer shall be a County officer exempt from the provisions of the Personnel Code, and shall be classified as a confidential employee, except to the extent the Board of Supervisors may desire to make some or all of said provisions applicable to the position.

(Ord. 2518. (03/14/2023))

The County Executive Officer shall:

A. Be chosen upon the basis of knowledge and skills in public administration, demonstrated administrative ability, and knowledge of public budgeting, personnel, labor relations, finance, and organization. This requirement may normally be met by a combination of education and experience equal to a master's degree in public administration, plus five (5) or more years of experience in a highly responsible administrative position in a public agency.

B. Be appointed and serve at the pleasure of the Board of Supervisors and may be removed from office by majority vote of the Board of Supervisors upon forty-five (45) days' written notice of such removal; except that the County Executive Officer shall not be removed during the first one hundred twenty (120) days following any change in membership of the Board of Supervisors except upon four-fifths (⅘) vote of said Board of Supervisors. Such notice of removal shall be given at a regular meeting of the Board. Upon such removal, the Assistant County Executive Officer shall perform as the Acting County Executive Officer until a permanent successor is selected.

C. Maintain residence within the County during their tenure in office, but they need not be a resident of the County at the time of appointment.

(Ord. 1726. (06/12/1963); Ord. 2518. (03/14/2023))

The salary and other compensation of the County Executive Officer shall be established by the Board of Supervisors and shall be paid by the Auditor-Controller in the same manner as the salaries and benefits of other County employees are paid.

(Ord. 2518. (03/14/2023))

The County Executive Officer shall be the Chief Administrative Officer of the County and shall be responsible to the Board of Supervisors for the proper and efficient administration of all County offices, departments, institutions, and special districts under the jurisdiction of the Board of Supervisors. To this end, the County Executive Officer shall have those powers and duties set forth in this Chapter and as reasonably implied therefrom and shall be authorized to assign or delegate the administration of these duties to any department or person under the Board's control, subject to the limitations imposed by law. The County Executive Officer shall have such other powers and duties as the Board of Supervisors may assign hereafter by motion, resolution, or ordinance.

The Board of Supervisors and its members shall normally provide nonpolicy, administrative direction to the various departments and divisions only through the County Executive Officer's office.

(Ord. 2518. (03/14/2023))

The County Executive Officer shall:

A. Administer and enforce policies established by the Board of Supervisors and promulgate rules and regulations as necessary to implement Board policies.

B. Refer policy matters and other matters beyond their authority to resolve to the Board of Supervisors for determination, direction, or authorization.

C. Investigate the affairs of the County or any department or division thereof; investigate all complaints in relation to matters concerning the administration of the government of the County and see that all franchises granted by the County are faithfully observed.

D. Be notified of and attend all meetings of the Board of Supervisors unless excused; make reports to the Board on County matters; evaluate departmental and other requests to determine if such requests should be submitted to the Board; and make recommendations to the Board on agenda items.

E. Propose necessary revisions of the County Codes in conjunction with the County Counsel.

F. Implement the Board of Supervisors' legislative advocacy program, including the initiation of legislation approved by the Board of Supervisors that will benefit the County and County government; in co-ordination with County Counsel, provide analysis of proposed State and Federal legislation; make recommendations to the Board of Supervisors for positions on proposed legislation; review all department head requests involving legislative activities.

G. Produce, or cause to be produced, such records, documents and related information as may be necessary to permit the Board of Supervisors, or contractual agent of the Board of Supervisors, to conduct a management audit of his office or any other office or department in the County service, as the said Board shall deem necessary.

H. Negotiate or supervise the negotiation of, and execute contracts, on behalf of the Board of Supervisors, subject to the limitations and procedures established by State law and those which have been authorized by the Board by resolution and/or through budget adoption.

I. Supervise the County's insurance programs and advise the Board of Supervisors of recommended changes.

J. In conjunction with the Auditor-Controller and Purchasing Agent, maintain or supervise the maintenance of inventories of all the County's real and personal property, and undertake activities to prevent the misuse, loss, theft, or damage of County property.

K. Conduct research in administrative practices so as to bring about greater efficiency and economy in County government; develop and recommend to the Board of Supervisors long-range plans to improve County operations and to prepare for future County growth and development.

L. Exercise control of County government in extreme emergencies when there is not sufficient opportunity for the Board of Supervisors to act, as per provisions outlined in "Emergency Services" contained within this Code. In such an instance, the County Executive Officer or Chair of the Board shall have the authority to hire necessary extra personnel, purchase necessary supplies and equipment, and take other actions necessary to meet such emergencies.

M. Provide oversight and supervision to the Environmental Health Department insofar as Environmental Health functions as the Local Enforcement Agency (LEA) for solid waste.

(Ord. 1606. (12/28/1989); Ord. 2267. (06/10/2008); Ord. 2518. (03/14/2023))

The County Executive Officer shall keep the Board of Supervisors advised of the financial condition and future needs of the County and make recommendations as may be deemed desirable.

(Ord. 2518. (03/14/2023))

The County Executive Officer shall:

A. Supervise and evaluate the performance of County departments, within the limitations established by State law or the Board of Supervisors, by directing the establishment of standards, goals, and objectives for quality and quantity of departmental performance, and the measure of the performance of individual departments against those standards and goals; assign projects to departments and scrutinize departmental expenditures to assure that they are necessary and proper.

B. Evaluate all proposed departmental programs and recommend those to the Board of Supervisors that they feel should be approved or modified; periodically evaluate existing departmental programs and recommend changes to the Board where they are indicated.

C. 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 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 travel and County business expenses in accordance with rules and regulations prepared, 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.

D. Evaluate the performance of all nonelective department heads and approve merit step salary increases in accordance with demonstrated performance and provisions of the Personnel Code; confer with department heads as necessary to discuss any shortcomings noted and to suggest remedial action.

E. Except as otherwise specifically required by law, appoint, transfer, discipline, and dismiss all nonelective department heads; such department heads shall serve at the pleasure of the County Executive Officer. In those cases where the County Executive Officer is not the appointing authority under this Ordinance, the County Executive Officer shall: (1) Recommend to the Board of Supervisors appointment of a qualified candidate to fill any vacancy occurring in that department head position, and (2) recommend to the Board of Supervisors, for their consideration and determination, the transfer, discipline, or dismissal of such department head, when appropriate.

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

G. Provide management training and develop leadership qualities among department heads as necessary to build a County management team that can plan for and meet future challenges.

H. Periodically review permanent and limited-term personnel positions to assure that the positions are required and that funds are available; authorize advanced-step recruitment upon recommendation and justification of a department head; authorize and control the use of extra help and payment for over-time within available funds; approve overfilling an authorized position upon proper justification.

I. Be responsible for orientation and training of new County Supervisors.

J. Exercise general supervision over all public buildings and property, whether leased or owned by the County; assign all reserved parking spaces.

(Ord. 1726. (06/12/1963); Ord. 2518. (03/14/2023))

In addition to the foregoing, the County Executive Officer shall supervise or provide for the supervision, of such divisions and services as the Board may assign by resolution or motion, and they shall be the appointing authority of all personnel assigned thereto.

(Ord. 2518. (03/14/2023))

In addition to the foregoing, all duties, responsibilities, and authorities heretofore assigned or delegated, by motion, Resolution, Ordinance, or the Personnel Code, to the Director of Administration and Personnel shall hereby be assigned or delegated to the County Executive Officer.

(Ord. 2518. (03/14/2023))

The County Executive Officer shall have the power to accept donations of any kind on behalf of the County of Nevada so long as the value of the donation does not exceed twenty-five thousand dollars ($25,000.00) in accordance with Cal. Gov't Code § 25355. The County Executive Officer shall submit notification to the Clerk of the Board of all approved donations.

(Ord. 2468. (06/11/2019); Ord. 1571. (05/02/1989); Ord. 2518. (03/14/2023))

A. The County Executive Officer is authorized to enter into and to execute all contracts or agreements which are twenty-five thousand dollars ($25,000.00) or under and which are not contracts that fall within Cal. Pub. Cont. Code § 20131 relating to the authority granted to purchasing agents, contracts for construction of public improvements, and contracts which must be awarded after public notice and competitive bidding.

B. The County Executive Officer is authorized to enter into and to execute all grant or revenue contracts or agreements which are twenty-five thousand dollars ($25,000.00) or less.

C. The County Executive Officer is authorized to enter into and to execute all grant agreements which are one hundred thousand dollars ($100,000.00) or less provided the agreements are noncontroversial, do not require County matching funds in an amount exceeding the County Executive Officer's contracting authority as specified in the Purchasing Policy, and have been approved as to form by County Counsel. The County Executive Officer shall submit notification to the Clerk of the Board of any newly approved grants on a quarterly basis.

(Ord. 2468. (06/11/2019); Ord. 1936. (04/15/1997); Ord. 2518. (03/14/2023); Ord. 2537. (10/22/2024))

The County Executive Officer of the County of Nevada shall be the ex officio District Administrator for the Nevada County Sanitation District No. 1. The County Executive Officer is authorized to enter into and to execute all contracts or agreements on behalf of the Nevada County Sanitation District No. 1 that are twenty-five thousand dollars ($25,000.00) or under and which are not contracts that fall within Cal. Pub. Cont. Code § 20131 relating to the authority granted to purchasing agents, contracts for construction of public improvements, and contracts which must be awarded after public notice and competitive bidding.

(Ord. 2468. (06/11/2019); Ord. 1936. (04/15/1997); Ord. 2518. (03/14/2023))

The County Executive Officer is hereby authorized to approve claims and legal settlements up to and including fifty thousand dollars ($50,000.00), with the concurrence of County Counsel.

(Ord. 2468. (06/11/2019); Ord. 2518. (03/14/2023))