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Concept
Commandant en second
Résumé
An executive officer is a person who is principally responsible for leading all or part of an organization, although the exact nature of the role varies depending on the organization. In many militaries and police forces, an executive officer, or "XO", is the second-in-command, reporting to the commanding officer. The XO is typically responsible for the management of day-to-day activities, freeing the commander to concentrate on strategy and planning the unit's next move.
While there is no clear line between principal executive officers and inferior executive officers, principal officers are high-level officials in the executive branch of U.S. government such as department heads of independent agencies. In Humphrey's Executor v. United States, 295 U.S. 602 (1935), the Court distinguished between executive officers and quasi-legislative or quasi-judicial officers by stating that the former serve at the pleasure of the president and may be removed at their discretion. The latter are removed only with procedures consistent with statutory conditions enacted by Congress. The decision by the Court was that the Federal Trade Commission was a quasi-legislative body because of other powers it had, and therefore, the president could not fire an FTC member for political reasons. Congress can't retain removal power over officials with executive function (Bowsher v. Synar). However, statutes can restrict removal if not purely executive (Humphrey’s executor), but can't restrict removal of purely executive officer (Myers v. United States, 272 U.S. 52 (1926)). The standard is whether restriction "impedes the president’s ability to perform his constitutional duty" (Morrison v. Olson, 487 U.S. 654 (1988)).
In business, executive officers are usually the top staff members of a corporation, the chief executive officer (CEO) being the best-known type. The definition varies; for instance, the California Corporate Disclosure Act defines "executive officers" as the five most highly compensated officers not also sitting on the board of directors.
Source officielle
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