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ti+ <br /> Honorable Constance Kiriu <br /> March 11, 2005 <br /> Page 2 <br /> (5) Appoint necessary staff for which appropriations have been <br /> made by the council, subject to civil service laws and <br /> classifications, and exercise the same power with respect to <br /> the personnel of the clerk's office as the department heads in <br /> the executive branch. <br /> The aforementioned Charter provision clearly and unambiguously states <br /> that the County Clerk is appointed by the Council. The Charter provision also <br /> clearly and unambiguously states the County Clerk shall appoint the deputy <br /> county clerk and legislative auditor, subject to Council approval. <br /> The Charter, however, is silent on the method of removal of the County <br /> Clerk, Deputy County Clerk, and Legislative Auditor. <br /> However, based on the authorities and reasons cited in this opinion, we <br /> find that in cases where there is no express provision in the Charter to the <br /> contrary, it is the appointing authority who has the power to remove an appointed <br /> official: <br /> POSITION APPOINTMENT COUNCIL REMOVAL COUNCIL <br /> APPROVAL? APPROVAL? <br /> County Council Yes Council Yes <br /> Clerk <br /> Deputy County Clerk Yes County No <br /> County Clerk <br /> Clerk <br /> Legislative County Clerk Yes County No <br /> Auditor Clerk <br />