[1]
Editor's Note: Pursuant to N.J.S.A. 40:20-1 et seq., effective January 1, 2021, the name of the Board of Chosen Freeholders has been changed to the Board of County Commissioners.
A. 
Term. The Board shall consist of nine members whose terms shall be concurrent in accordance with N.J.S.A. 40:41A-124. Five members shall be elected from districts as promulgated in accordance with N.J.S.A. 40:41A-117 et seq., and four shall be elected at large.
B. 
Election, vacancies. Commissioners shall be elected at the annual general election in November. Any vacancy in the Board not caused by the expiration of a term shall be filled in the manner prescribed in N.J.S.A. 40:41A-145.1 et seq.
[Amended 12-13-2006 by Ord. No. O-2006-00016]
C. 
Compensation. The compensation of members of the Board shall be fixed annually by the Board.
[Added 4-17-1979 by Ord. No. O-1979-00112]
A. 
Date, time and place. During the month of December each year the Board shall, by resolution, establish the date, time and place it shall meet during the first week of January to hold its annual organization meeting.
B. 
Organization meeting agenda. At its annual organization meeting the Board shall by majority vote of the whole number of its members elect from among its number one Commissioner to serve as President and another to serve as Vice President. The Board shall also undertake at that meeting such other business as is necessary for the continuity of the County's government pending the year's first regular business meeting, including the adoption of bylaws not inconsistent with this code.
A. 
The President and Vice President shall serve for a term of one year and until their successor has been duly elected and qualified. Each may be reelected to successive terms.
B. 
The President shall preside over all meetings of the Board, exercise overall supervision over the central staff of the Board, appoint all members to committees of the Board, and by his/her signature thereto authenticate all ordinances and resolutions passed by the Board. In the absence or inability to serve of the President, the Vice President shall act in his/hers place and stead. In the absence or inability to serve of both the President and Vice President, the Board shall elect from among its members a President Pro Tempore for the meeting to serve only so long as both the President and Vice President are absent or unable to serve.
C. 
The Board President shall have exclusive authority to appoint two members of the Board of County Commissioners to serve as voting members on advisory committees. At the request of any member of the Board so appointed, the President shall appoint an alternate to serve in the place of or in the absence of such member.
[Added 9-7-2011 by Ord. No. O-2011-00011]
The legislative and investigative powers of County government as granted by the Optional County Charter Law shall be vested in the Board. Pursuant to the grant of powers in the Charter, the Board shall:
A. 
Adopt and amend an Administrative Code organizing the administration of the County government, setting forth the duties and responsibilities and powers of all County officials and agencies, and the manner of performance needed. Nothing in the Administrative Code shall change the duties or powers of County officers whose existence is mandated by the constitution or shall diminish the duties, responsibilities or powers of the Executive or County Administrator.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
B. 
Advise and consent to appointments of all department heads and division directors, the County Counsel and Administrator, the members of all boards, commissions and authorities and of such other unclassified positions for which such advice and consent may be permitted by law.
C. 
Pass in accordance with law whatever ordinances and resolutions it deems necessary and proper for the good governance of the County.
D. 
Appoint a Clerk to the Board pursuant to § 2-17 hereof and shall appoint a member of the staff as Deputy Clerk, in conformance with the New Jersey Department of Personnel Specifications, to serve in the absence of the Clerk to the Board.
[Amended 4-17-1979 by Ord. No. O-1979-00112; 9-7-2011 by Ord. No. O-2011-00011]
E. 
Appoint a Counsel to the Board to serve at the pleasure of the Board.
F. 
Pass a resolution of disapproval or dismissal, subject to the provisions of N.J.S.A. 40:41A-87b.
G. 
Override a veto of the County Executive by a two-thirds vote of its full membership.
H. 
Approve the annual operating and capital budgets by resolution pursuant to the Local Budget Law.
I. 
Appoint annually a registered municipal accountant of New Jersey to perform an independent audit of the County's books, accounts and financial transactions pursuant to N.J.S.A. 40A:5-4.
J. 
Conduct such investigations as are germane to the exercise of its legislative and budgetary powers under the code and as otherwise authorized by law.
K. 
Designate which of the Board's staff shall be responsible for process in and approving funding requests by the Board and its staff for submission to the Department of Administration and Finance.
L. 
Order cessation of expenditures in any appropriation they have approved for any agency not under the jurisdiction of the Executive if it is apparent to the Board that funds are not being used for the purposes authorized or are being misused, or if the possibility of overexpenditure exists.
M. 
Be vested with the exclusive power to name County buildings, roads, or other facilities. This power shall be exercised by ordinance. However, should the Board desire, as an expression of policy or opinion, to temporarily rename a County building, road or facility in commemoration of some individual or special event, for a period not to exceed one month, then such expression of Board policy or opinion may be done by resolution.
[Added 10-24-1979 by Ord. No. O-1979-00344]
In addition to persons appointed pursuant to § 2-11 above, the Board may, within the limits of budgetary appropriations for such purposes, retain such other professional and clerical staff and consultants as may be necessary to assist them in the proper performance of the responsibilities imposed on them by law.
[1]
Editor's Note: Former § 2-13, Membership on advisory committees, as amended, was repealed 12-13-2006 by Ord. No. O-2006-00016. See now § 2-40.1.
A. 
Regular meetings. Within seven days of the annual organization meeting, a schedule of meetings shall be adopted by resolution pursuant to § 2-18.2 hereof. There shall be at least one regular Board meeting each year in each of the five districts.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
B. 
Special meetings. The President may and, upon written request of three members of the Board, shall call a special meeting of the Board. In the call, he/she shall designate the purpose of the special meeting, and no other business shall be considered at such meeting. The call for a special meeting shall be filed with the Clerk of the Board during regular business hours at least 48 hours before the time for which the meeting is called, and the Clerk shall forthwith serve notice thereof upon each of the members of the Board by leaving a copy of the call at their respective places of residence and by telephone communication, if possible, at such place as each member may, in writing, designate. The Clerk shall also forthwith mail, telephone, e-mail or hand deliver copies of the call to at least two newspapers designated for such notices and post at least one copy in a prominent place near the entrance to the meeting place in the place reserved for such or similar announcements and file a copy with the County Clerk.
[Amended 4-17-1979 by Ord. No. O-1979-00112; 12-13-2006 by Ord. No. O-2006-00016; 9-7-2011 by Ord. No. O-2011-00011]
C. 
Emergency meetings. The President, under the provisions of Article II, may call an emergency meeting when such emergency affects the public health, safety or welfare and requires an immediate decision.
[Amended 9-7-2011 by Ord. No. O-2011-00011]
D. 
All meetings of the Board shall conform to Article III and to N.J.S.A. 10:4-6 et seq. The Board shall hold its meetings at the Hall of Records, Newark, New Jersey, unless by resolution it determines to hold a meeting at some other location in Essex County.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
In addition to such rules as may be set forth in bylaws adopted by resolution of the Board pursuant to N.J.S.A. 40:41A-100, the following rules of procedure shall apply:
A. 
Presiding officers. The President, and in his/her absence the Vice President, shall take the Chair at the time appointed for the meeting and shall call the Board to order. In the absence of the President and Vice President, the Clerk shall call the Board to order, determine whether a quorum is present and if so, he/she shall call for election of a president pro tem who shall take the Chair as soon as elected. When the President or Vice President arrives, the president pro tem shall relinquish the Chair.
B. 
Quorum. Five members of the Board shall constitute a quorum.
C. 
Attendance. At the beginning of each regular or special Board meeting, the Clerk shall call the roll in alphabetical order, except that the presiding officer shall be called last, and enter the names of those present in the minutes. If any member arrives or is excused after the roll call, his/her arrival or departure time shall be entered in the minutes. Should no quorum attend within 30 minutes after the hour appointed for the meeting, the presiding officer shall adjourn the meeting until the next day, unless by unanimous consent the members present select another hour or day. The Clerk shall record in the minutes the names of members present and the action taken.
D. 
Order of business.
(1) 
At each regular meeting of the Board, the order of business shall be as follows:
(a) 
Roll call.
(b) 
Pledge of allegiance, moment of silence.
(c) 
Open Public Meetings Act[1] announcement.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(d) 
Approval of the minutes of the previous regular and intervening special meetings. Minutes need not be read at length if they have been distributed to members at least 24 hours before the meeting.
(e) 
Communications.
(f) 
Public comment on agenda items.
(g) 
Ordinances:
[1] 
Introduction and first reading.
[2] 
Second reading and public hearing.
[3] 
Action after public hearing.
(h) 
Resolutions.
(i) 
Reports of Board committees.
(j) 
Written communications and petitions.
(k) 
Administrative communications.
(l) 
Unfinished business.
(m) 
New business.
(n) 
Public comment.
(o) 
Commissioner comment.
(p) 
Adjournment.
(2) 
Citizens may be heard on any matter requiring a vote before the vote is taken.
E. 
Rules of order. As to any matter of procedure not prescribed by law or by the Board, the conduct of the matter shall be determined by reference to the most recent edition of Robert's Rules of Order, Newly Revised.
F. 
Right of presiding officers. The presiding officer may move and second from the Chair and shall not be deprived of any of the rights or privileges or Board membership by reason of presiding, except that if the President wishes to join in debate he/she shall relinquish the Chair while engaged in such debate.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
G. 
Voting. The vote on every resolution or ordinance shall be taken by roll call votes. The sequential call of such votes during each meeting shall alternate between calls in alphabetical order and calls in reverse alphabetical order. The vote of each member shall be entered on the minutes. During roll call, no member shall discuss or explain his/her vote.
In order to fulfill its legislative functions, the Board may, from time to time, establish legislative committees in areas such as intergovernmental relations, planning and policy, fiscal affairs, and Administrative Code revision. Such committees shall be established by resolution for a definite period, and members of such committees shall be appointed by the President. During the existence of such committees, any current or proposed law or problem which might lead to legislation by the Board and which the Board deems worthy of study in depth before full legislative consideration by the Board sitting as a committee of the whole may be referred by majority vote of the Board to the appropriate committee for study.
[Amended 4-17-1979 by Ord. No. O-1979-00112; 9-7-2011 by Ord. No. O-2011-00011; 2-8-2012 by Ord. No. O-2012-00005]
The Board shall appoint a qualified person to serve at its pleasure or for a term not to exceed three years as Clerk of the Board; at least 14 days prior to any person's appointment as Clerk his/her curriculum vitae shall be made available to the public and posted in the manner of public notices. The Clerk shall:
A. 
Attend all meetings of the Board.
B. 
Take and preserve the minutes of the Board, which shall record all actions and votes taken and the substance of discussions and debate relating thereto, and of all other matters.
C. 
Keep and compile all ordinances, resolutions and minutes and retain in his/her custody for safekeeping all papers necessary and appropriate to Board functions.
D. 
Have custody of the County Seal, and may affix it to appropriate documents without charge.
E. 
Provide secretarial services for Board members, expedite the handling of their correspondence, and have such other and different powers and duties as may be provided by resolution of the Board.
F. 
Provide to the County Executive in a timely manner all documents requiring his/her signature.
G. 
Prepare an agenda for each Board meeting and cause same to be delivered to the Board, the Executive and the Administrator at least 72 hours before such meeting.
H. 
Provide copies of all meeting notices and agenda pursuant to § 2-18.2.
I. 
Provide for the mailing of all notices and copies of documents to municipalities as is required under § 2-18.2.
J. 
Supervise such secretarial and other staff as the Board shall provide for itself in the annual budget.
There shall be a Counsel to the Board who shall be appointed by the Board to serve at its pleasure. Counsel to the Board shall advise the Board on legal matters pertinent to Board functions and duties. He/she shall act as parliamentarian at Board meetings if so designated by the President, shall prepare resolutions and ordinances as required by the Board, review negotiated contracts prior to Board approval and represent the Board in any litigation or dispute with the executive branch, and represent the Board in any appeals from the Planning Board.
[Added 12-13-2006 by Ord. No. O-2006-00016]
A. 
Where the Charter requires that the power of appointment by the Executive is subject to the advice and consent of the Board, the Executive shall communicate to the Board, in writing, at least 14 days before such appointment should be considered the name of his/her nominee for appointment together with a curriculum vitae indicating the qualifications of such nominee for the office proposed. Such curriculum vitae shall immediately become available to the public and shall be posted in the manner and place of posting public notices. Whenever more than one appointment is to be made to a commission or other multimember body, the Board shall consider and vote upon each nominee separately.
B. 
With respect to appointments to be made by the Board, any member of the Board may nominate as many candidates as there are offices to be filled. Where there is more than one office to be filled to a board, commission or other multimember body, the same procedure shall be followed with respect to each office separately until the total number of appointments to be made has been completed. A group of nominations may be considered together upon a majority vote of the Board where there is no apparent division in the Board as to the nominees included in the group.
[Added 12-13-2006 by Ord. O-2006-00016]
The County shall operate under and comply with the provisions of the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.) in the notification and conduct of meetings.