New York Alternative County Government Law
Sec. § 202
Department Heads


1.

The county executive shall appoint, to serve during his pleasure, the head of every department or office not administered by an elective official, except that an appointive auditor or comptroller shall always be appointed by the board of supervisors and except as otherwise specifically provided in this chapter. The appointment of the head of any department or office in a county adopting the county administrator form, the county director form or the county president form, shall be subject to confirmation by the board of supervisors. The county executive may with the approval of the board of supervisors appoint one head for two or more departments. All appointments shall be in writing under the hand of the county executive and filed and recorded in the office of the county clerk. A duplicate certificate of each appointment shall be filed with the clerk of the board of supervisors within ten days after the appointment is made.

2.

Subject to the provisions of section five of the public officers law, the head of any such department or office, unless reappointed for a new term, shall not be authorized or permitted to serve beyond the term of the county executive by whom the appointment was made, except that he shall continue to serve until his successor is appointed and has qualified.

3.

In any county adopting the county administrator form, the county director form or the county president form, the county executive may appoint the head of any department by interim appointment pending confirmation. Any such interim appointment shall be effective for ninety days only and may not be renewed or extended. The county executive may, however, act as head of the department, or designate a deputy in the department to be acting head until the appointment is confirmed or the position otherwise filled.

4.

The head of a department, one deputy and the confidential secretary of the head of each department or office shall be in the exempt class of the civil service. This section shall not affect any other position in the exempt class now or hereafter included therein by or pursuant to law.

5.

Except as otherwise provided in this chapter and subject to any pertinent provisions of the civil service law, the head of every department and office shall appoint all of his subordinates. Except as otherwise provided in the civil service law, such subordinates shall serve during his pleasure.
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Last accessed
Dec. 13, 2016