The Executive shall be a qualified voter of
the County, residing in the County. He/She shall be elected from the
County at large for a term of four years commencing on January 1 next
following his/her election.
The salary of the Executive shall be fixed by
ordinance of the Board; such salary shall be reasonable and commensurate
with the duties of the office and with the fact that the position
of Executive is and shall be a full-time position. The salary of the
Executive may not be lowered during his/her tenure in office.
[Amended 12-13-2006 by Ord. O-2006-00016]
A. The office of County Executive shall be deemed vacant
if the incumbent moves his residence from the County or he is by death,
physical or mental illness or other casualty unable to continue to
serve as County Executive. Any vacancy in the office of County Executive
shall be filled by election for the unexpired term only at the next
general election occurring not less than 51 days after the occurrence
of the vacancy, except that no such vacancy shall be filled at the
general election which immediately precedes the expiration of the
term in which the vacancy occurs.
B. In the event a vacancy eligible to be filled by election
hereunder occurs on or before the sixth day preceding the last day
for filing petitions for nomination for the primary election, such
petitions may be prepared and filed for nomination in that primary
election in the manner provided by Article 3 of Chapter 23 of Title
19 of the Revised Statutes.
C. In the event the vacancy occurs after that sixth day
preceding the last day for filing petitions for nomination for the
primary election, a political party may select a candidate for the
office in question in the manner prescribed in Subsections a. and
b. of N.J.S.A. 19:13-20 for selecting candidates to fill vacancies
among candidates nominated at primary elections . A statement of such
selection under N.J.S.A. 19:13-20 shall be filed with the County Clerk
not later than the 48th day preceding the date of the general election.
D. Besides the selection of candidates by each political
party, candidates may also be nominated by petition in a manner similar
to direct nomination by petition for the general election; but if
the candidate of any party to fill the vacancy will be chosen at a
primary election, such petition shall be filed with the County Clerk
at least 55 days prior to the primary election; and if no candidate
of any party will be chosen at a primary election, such petition shall
be filed with the County Clerk not later than 12:00 noon of the day
on which the first selection meeting by any party is held under this
section to select a nominee to fill the vacancy.
E. When the vacancy occurs, the County Clerk of the County
shall forthwith give notice thereof to the chairman of the County
committee of each political party.
F. During the temporary absence or temporary disability
of the County Executive the Chief Administrator shall serve as Acting
County Executive.
[Added 12-13-2006 by Ord. O-2006-00016]
A. In the case of a vacancy occurring with respect to
a County Executive who was elected as the candidate of a political
party which at the last preceding general election held received the
largest number of votes or the next largest number of votes in the
County for members of the Board of County Commissioners, for the interim
period pending the election and qualification of a permanent successor
to fill the vacancy, or for the interim period constituting the remainder
of the term in the case of a vacancy occurring which cannot be filled
pursuant to Section 35 of P.L. 1972, c. 154 (N.J.S.A. 40:41A-35) at
a general election, the vacancy shall be filled within 35 days by
a member of the political party of which the person who vacated the
office was the candidate at the time of the candidate's election thereto.
The interim successor shall be selected by the appropriate political
party's County committee in the same manner prescribed in Subsections
a. and b. of N.J.S.A. 19:13-20 for selecting candidates to fill vacancies
among candidates nominated at primary elections. Members of the political
party's County committee who are empowered to select a candidate for
the vacated office shall only nominate a candidate from the floor
during the selection meeting called under N.J.S.A. 19:13-20 by the
chairman or chairmen of the committee and shall present written evidence
of the nominee's acceptance of the nomination. A statement of the
selection of that successor shall be certified to and filed with the
County Clerk in the same manner prescribed by Subsection d. of that
section for certifying statements concerning the selection of such
candidates.
B. The County Clerk shall thereupon issue to the interim
successor a certificate of selection based upon that filed statement
of selection, and shall sign the Clerk's name and affix the seal of
the state thereto, and shall without delay deliver that statement
to the person so selected.
In order to exercise the executive power of
Essex County, the Executive shall:
A. Report annually to the Board and to the people on
the state of the County, and the work of the previous year; he/she
shall also recommend to the Board whatever action or programs he/she
deems necessary for the improvement of the County and the welfare
of its residents. He/She may from time to time at his/her discretion
recommend to the Board in a manner consistent with the code any course
of action or programs he/she deems necessary or desirable for the
County to undertake.
B. In accordance with Article
VII hereof, prepare and submit to the Board for its consideration and adoption an annual operating and capital budget and program, establish the schedules and procedures to be followed by all County departments, offices and agencies in connection therewith and supervise and administer all phases of the budgetary process.
C. Enforce the County Charter, the County's laws and
all general laws applicable thereto.
D. Supervise the care and custody of all County property,
institutions and agencies placed under his/her control by the Code.
E. Supervise the collection of revenues, preaudit and control all disbursements and expenditures and prepare a complete account of all expenditures in accordance with Article
VII and with state law.
F. Sign all contracts, bonds or other instruments requiring
the consent of the County.
G. Review, analyze and forecast trends of County services
and finances and programs of all boards, commissions, agencies and
other County bodies, and report and recommend thereon to the Board.
H. Develop, install and maintain centralized budgeting, personnel and purchasing procedures as are authorized by Articles
VI through
IX, inclusive, of this code.
I. Negotiate contracts for the County subject to Board
approval; make recommendations concerning the nature and location
of County improvements and execute improvements determined by the
Board.
J. Assure that all terms and conditions, imposed in favor
of the County or its inhabitants in any statute, franchise or other
contract, are faithfully kept and performed.
K. Serve as an ex officio nonvoting member of all appointive
bodies in County government.
L. Ensure that all funds are utilized for the purposes
and programs for which such funds are appropriated in the annual budget.
[Added 12-13-2006 by Ord. No. O-2006-00016; amended 9-7-2011 by Ord. No.
O-2011-00011; 12-7-2011 by Ord. No. O-2011-00015]
Essex County Lesbian, Gay, Bisexual, Transgendered and Questioning
Advisory Board. (Pursuant to N.J.S.A. 40:10C-1.) Within the Office
of the County Executive shall be an advisory board known as the "Essex
County Lesbian, Gay, Bisexual, Transgendered and Questioning Advisory
Board," which shall advise the County Executive and governing body
on matters concerning the needs of the lesbian, gay, bisexual, transgendered
and questioning community and the impact of County action on said
community. The Board shall consist of: a) 15 members to be appointed
by the County Executive with the advise and consent of the Board of
County Commissioners who shall be residents of Essex County and shall
represent the lesbian, gay, bisexual, transgendered and questioning
community and who shall serve three-year terms from date of appointment;
except that, for members first appointed, five shall serve a one-year
term, five shall serve for two years, and five for three years; and
b) two members of the Board of County Commissioners appointed by the
Board of County Commissioners.