§ 2-97. Composition.

(a)

Officers. The council shall elect a chairman, vice-chairman, and such other officers as it may deem necessary for terms as hereinafter set forth, at the initial meeting of the council in January following each general election.

(b)

Chairman. The council shall elect one of its members to serve as chairman for a term of two years, said election to take place annually at the first meeting of council in January of each year. Any vacancy in chairmanship shall be filled by the council for the unexpired portion of the term. The chairman shall preside at all regular and special meetings of council, shall execute, on behalf of the county, all ordinances, resolutions, directives, deeds, bonds and contracts as directed by council and other official instruments or documents, and shall have such other duties and perform such other functions as are set forth in these rules.

(c)

Vice-chairman. The council shall elect one of its members to serve as vice-chairman for a term of two years, said election to take place annually at the first meeting of council in January of each year. In the event the chairman shall be temporarily absent or unable to serve, the vice-chairman shall serve in his place.

(d)

Clerk to council. The council shall appoint a person, not a member of the council, to serve as clerk for an indefinite term. The clerk will:

(1)

Record all proceedings of the council;

(2)

Deliver copies of the minutes of each council meeting to all members prior to the next regular council meeting;

(3)

Keep the minutes of all committee meetings;

(4)

Keep a register of all proposed ordinances and resolutions assigning them a number and arranging them in order of introduction;

(5)

Prepare and present agendas for all regular and special meetings and deliver to the members all notices of such meetings as are required by law and these rules;

(6)

Be the custodian of the corporate seal and all records of the council;

(7)

Attest the signature on all ordinances, resolutions and directives of the council, render any needed assistance to members of the council in the typing and preparation of reports, recommendations, ordinances, resolutions, directives and correspondence; and

(8)

Assist the county administrator in the performance of his duties.

The council, at their discretion, may create the position of administrative assistant to council, which position shall be under the employment authority of the county administrator.

(e)

County administrator. The chief administrative officer of the county shall be the county administrator who shall not be a member of the council. Such officer shall have such powers, duties and functions in the administration of the county government, in addition to those provided by the Home Rule Act, as may be provided by ordinance or resolution of the council relating to the organization of county government. The county administrator shall serve for an indefinite term. The county administrator shall report and be responsible to the council on such matters pertaining to the policy and directives of the council in respect to county government. In addition to any other duties and responsibilities which may be prescribed by the council in an ordinance or resolution relating to the organization of county government, the county administrator shall have the following duties and responsibilities:

(1)

Attend all meetings of the council, regular and special;

(2)

Sign when directed by council all deeds, leases, bonds, contracts and other legal instruments;

(3)

Prepare and present agendas for all regular and special meetings and mail and deliver to the members all notices of such meetings as are required by law and these rules;

(4)

Be the custodian of the corporate seal and all records of the council;

(5)

Conduct official correspondence on behalf of the chairman and the council;

(6)

Assist the council in the execution and implementation of its policies and programs;

(7)

Prepare an annual budget for adoption by the council;

(8)

Keep the council advised regarding the financial condition and administrative activities of the county;

(9)

Administer all ordinances and resolutions and to see to the faithful execution of all orders and directives of the council;

(10)

Examine regularly all accounts, and records of county property and account therefore to the council;

(11)

Record all deeds, contracts, plats or other legal instruments;

(12)

Assist the council in the execution and implementation of its policies and programs and perform such other duties as may from time to time be assigned to such officer by the council.

(f)

County attorney. The county council shall retain a qualified attorney, not a member of the council, to serve as the county attorney. The terms and conditions of the relationship shall be as agreed upon by the parties. The compensation for such services shall be in accordance with the approved county budget. The county attorney shall:

(1)

Prepare all deeds, contracts, ordinances and legal documents, necessary to assist the administrator to prepare material for council's consideration and to implement actions approved by council;

(2)

Attend all council meetings and advise council when required of matters and things pertaining to the legality of proceedings before council and its actions thereon;

(3)

Participate in any litigation involving the county;

(4)

Provide interpretations and assistance on procedural matters involving operating departments of county government through the administrator.

When the county attorney is not available or when a routine matter can be delegated, the attorney may designate a member of the attorney's firm to be available to assist the administrator and council in the attorney's absence or in lieu of the attorney's personal services under such terms and conditions which shall be agreed to in advance by the administrator. The county attorney shall perform such other duties as are assigned to him from time to time by the county administrator or council. The county attorney shall, upon appointment by the chairman, act as parliamentarian.

(g)

Other positions. All other positions of county government shall be as specified in the county classification and pay plan.

(Ord. No. 81-15, § 1, 9-21-1981; Ord. No. 97-05, § I, 2-25-1997; Ord. No. 98-02, §§ 1-1, 1-2, 1-29-1997; Ord. No. 11-13, 10-3-2011; Ord. of 4-6-2012)