Article IV. Executive Branch

The Executive Branch of the County government shall consist of the County Executive and all officers, agents, and employees under their supervision and authority.

All executive power vested in Prince George's County by the Constitution and laws of Maryland and this Charter shall be vested in the County Executive who shall be the chief executive officer of the County and who shall faithfully execute the laws. Their powers, duties, and responsibilities shall include, but shall not be limited to: (1) preparing and submitting to the Council and the public, within six months after the close of the fiscal year, an annual report on the activities and accomplishments of the County government, including a detailed financial statement; (2) providing the Council, or a committee thereof, with any information concerning the executive branch which the Council may require for the exercise of its powers; (3) recommending to the Council such measures for legislative action as they may deem to be in the best interests of the County; (4) appointing the head of each agency of the executive branch, subject to confirmation by the Council as required by Section 322 of this Charter, and removing the same at their discretion; (5) preparing an executive pay plan which establishes the compensation of the Chief Administrative Officer and the head of each agency of the executive branch, subject to the approval of the Council; (6) appointing the members of all boards and commissions subject to confirmation by the Council as required by Section 322 of this Charter, unless otherwise prescribed by law or this Charter; (7) insuring that County funds in excess of those required for immediate needs are invested in the best interests of the County; (8) signing or causing to be signed on the County's behalf all deeds, contracts and other instruments, including those which, prior to the adoption of this Charter, required the signature of the Chairman or any member of the Board of County Commissioners, and affixing the County Seal thereto; (9) preparing and submitting to the County Council semi-annual reports of certain exempt positions consistent with Section 806 of this Charter; and (10) enforcing all laws in the County except as otherwise provided for by State law or charters of municipalities located within the County.

The County Executive shall be nominated and elected by the qualified voters of the entire County at the same time as State officers and in the manner provided by law.

The County Executive shall serve for a term beginning at noon on the first Monday in December next following their election, and ending at noon on the first Monday in December in the fourth year thereafter.

The County Executive shall have been a qualified voter of Prince George's County for at least five years immediately preceding their election. During their term of office, they shall not hold any other office of profit in federal, state, county, or municipal government. The County Executive shall not, during the whole term for which they were elected, be eligible for appointment to any County office or position carrying compensation which has been created during their term of office. They shall devote their full time to the duties of their office.

The County Executive's compensation may be changed by an affirmative vote of not less than two-thirds of the members of the full Council. Establishing not later than one year prior to the beginning of each fourth year of a term, by ordinance, the Council shall establish a commission appointed by the Council and the County Executive to recommend compensation and allowances for members of the Council and the County Executive. The commission shall commence its work at the discretion of the chair of the commission. Within 15 days after the beginning of the fourth year of the term, a commission established under this section, by resolution, shall submit to the Council its recommendation for the compensation and allowances for members of the Council and the County Executive. The commission may recommend an increase or decrease in the compensation and allowances for members of the Council and County Executive. The Council may, within ninety days of the receipt of the commission's recommendation, by ordinance, accept, reduce, or reject but may not increase any item of the recommendation by a vote of not less than two-thirds of the full Council. Any change in the compensation and allowances for the County Executive shall be enacted by ordinance before the election for the next succeeding County Executive and take effect only for the next succeeding County Executive. The compensation or allowances for the County Executive may not be less than provided in the Charter.

A vacancy in the office of County Executive shall exist upon the death, resignation or removal of the County Executive, or upon forfeiture of office by a County Executive. Immediately upon a vacancy, the Chief Administrative Officer shall become the Acting County Executive until a County Executive is chosen by the methods established in this Section of the Charter. In the event of a vacancy in the office of County Executive occurring during the last two years of the term, the Council shall select from among its members, by majority vote, a successor for the office for the balance of the unexpired term. If this selection by the Council is not made within fourteen (14) calendar days after the vacancy occurs, the Chair of the Council shall succeed to the Office for the balance of the unexpired term. The Council shall provide by law for the conduct of a special election to fill a vacancy in the office of County Executive that occurs during the first two years of a term and for the appointment, powers and duties of an Acting County Executive pending the outcome of such special election.

The County Executive shall immediately forfeit their office if they cease to be a qualified voter of the County.

The County Executive may be removed from office by the affirmative vote of not less than two-thirds of the members of the full Council after a public hearing and only upon a finding that they are unable by reason of physical or mental disability to perform the duties of the office. The decision of the Council may be appealed by the County Executive within ten days to the Circuit Court by petition. Upon filing of a petition, the Court may stay the removal pending its decision. Upon appeal, the Court shall make de novo determinations of fact.

The County Executive shall, within ten days after taking office, designate in writing the Chief Administrative Officer or some other person in the executive branch to perform the duties of the County Executive during the latter's temporary inability to perform such duties by reason of absence from the County or disability. Such designation shall be filed with the Clerk of the Council. An Acting County Executive shall have the same rights, duties, powers, and obligations as an elected incumbent in said office, except the power of veto.

Upon the enactment of any bill by the Council, with the exception of such measures made expressly exempt from the executive veto by this Charter, it shall be presented to the County Executive within ten days for their approval or disapproval. Within ten days after such presentation, they shall return any such bill to the Council with their approval endorsed thereon or with a statement, in writing, of their reasons for not approving the same. Upon approval by the County Executive, any such bill shall become law. Upon veto by the County Executive, their veto message shall be entered in the Journal of the Council, and, not later than at its next legislative session-day, the Council may reconsider the bill. If, upon reconsideration, two-thirds of the members of the full Council vote in the affirmative, the bill shall become law. Whenever the County Executive shall fail to return any such bill within ten days after the date of its presentation to them, the Clerk of the Council shall forthwith record the fact of such failure in the Journal, and such bill shall thereupon become law. In the case of budget and appropriation bills, the County Executive may disapprove or reduce individual items in such bills, except where precluded by State law. Each item or items not disapproved or reduced in a budget and appropriation bill shall become law, and each item or items disapproved or reduced in a budget and appropriation bill shall be subject to the same procedure as any other bill vetoed by the County Executive.

The County Executive shall appoint a Chief Administrative Officer. They shall be appointed on the basis of their qualifications as a professional administrator and shall serve at the discretion of the County Executive. The Chief Administrative Officer shall perform such administrative duties and exercise such general supervision over the agencies of the executive branch as the County Executive may direct.