Intent. It is the intent of this code to establish basic units for the conduct of County affairs and performance of services. The Board recognizes that only through day-to-day administration can the full details of County reorganization be completed at the lower operational levels. Since this administration is within the province of the Executive, the Board intends that the Executive be allowed to present to the Board proposed organizational plans within divisions and that if the Board has not expressed its disapproval of such plan by resolution within 30 days of receipt thereof, the Executive is authorized to promulgate same as an administrative regulation.

[Amended 12-13-2006 by Ord. No. O-2006-00016]

Qualifications of department heads and division directors. Each department head shall have advanced academic training and significant practical experience in at least one discipline within the department's area of concern and proven administrative ability. The head of each division shall have some formal training in the major function of that division and some practical experience therein.

[Amended 4-17-1979 by Ord. No. O-1979-00112]

Advisory boards.

[Added 4-17-1979 by Ord. No. O-1979-00112]

(1)

In all instances in which advisory boards are created under this article, they shall consist of at least five members plus two Commissioner members. The members shall all be nominated by the Executive subject to the advice and consent of the Board.

(2)

Each advisory board shall have broad authority to organize itself and to study the functions and services in its area of concern and to propose such programs and innovations as it in its experience feel would be beneficial to the County and its citizens.

(3)

The composition of each advisory board shall be such that it reflects the population of the County and the public served by the agency being advised. To the greatest extent possible such boards shall have diverse racial and political representation as well as representation of both sexes.

(4)

Advisory boards shall be provided with such meeting facilities and secretarial and logistical assistance as is necessary for them to fulfill their function of advising the Executive, the Board, and the department to which they are attached. Each department shall be responsible for the provision of such assistance as is required herein.

§ 2-69 Department of Administration and Finance.

Department generally. There shall be a Department of Administration and Finance, the head of which may be the Administrator.

[Amended 4-17-1979 by Ord. No. O-1979-00112]

Divisions. The work of the Department shall be organized among and within divisions designated as follows:

(1)

Budget and Management.

(2)

Accounts and Control.

Treasury.

Purchasing.

(Reserved)[1]

Editor's Note: Former Subsection B(5), Data Processing, was repealed 9-7-2011 by Ord. No. O-2011-00011

(6)

Human Resources.

[Amended 9-7-2011 by Ord. No. O-2011-00011]

(7)

Public Information.

Division of Budget and Management. The head of the Division of Budget and Management shall be the division head. The Division, under the direction and supervision of the Administrator, shall:

[Amended 4-17-1979 by Ord. No. O-1979-00112]

(1)

Assist the Executive in preparing and evaluating budget estimates and preparing comprehensive operating and capital budgets.

(2)

Study present and future program needs, consider alternative means of satisfying these needs, recommend to the Executive new and revised programs, and continually review existing operations to determine how they may be improved.

(3)

Develop, install and enforce a system of work programs and quarterly allotments for budget operations.

(4)

Maintain continuing and specialized study of County organization and management in the interest of economy and efficiency.

(5)

Develop and report to the Executive and the Board appropriate unit costs of budget expenditures.

(6)

Assist the departments and other budgeted agencies in the evaluation and selection of federal and state-aid programs of interest to be County and expedite the requisite applications.

(7)

Develop and maintain management information systems which keep the Executive and the Board informed of trends and progress in the County government and problems which may be anticipated.

(8)

Review, evaluate and recommend electronic data processing systems and their applications in the management of County functions.

(9)

Be responsible for implementation, management and enforcement of grants management procedures.

(10)

Develop, implement and monitor a contract administrative system.

(11)

Develop, implement and monitor a grant management payroll allocation system for all Essex County grants.

(12)

Be responsible for financial control of contracts and reporting procedures and compliance for all Essex County grants.

(13)

Be responsible for financial control of contracts and reporting procedures and compliance for all federal and state reimbursements to Essex County.

(14)

Be responsible for quantitative analysis of grants and reimbursements as may be required.

(15)

Be responsible for updating and monitoring the Essex County indirect cost allocation rate, and developing new application of said rate; coordinate with federal and state agencies as to the utilization of said rates.

(16)

Be responsible for providing assistance in the development of all grant applications regarding financial controls and contracts and report procedures.

(17)

Report to the Executive and Administrator for submission to the Board of any and all discrepancies or variations which might create budget overexpenditures and any and all information of an unusual nature with regard to the operation and administration of all grants so that the Executive and the Board shall be notified at the earliest possible date of any difficulty in the administration of any grant.

Division of Accounts and Control.

(1)

The head of the Division of Accounts and Control shall be the County Controller. Under the direction and supervision of the Controller, the Division shall:

(a)

Install and maintain the County's central accounting system and records.

(b)

Prescribe and enforce a uniform system of accounts for all departments and other budgeted agencies under the County government, provided that such system shall, insofar as consistent with sound accounting principles, facilitate the production of records of the cost of performance of each functional program or activity, measured in such cost units as may be prescribed or approved by the Executive.

(c)

Preaudit and warrant for payment all bills, claims and demands against the County, including payrolls.

(d)

Require reports of receipts and disbursements of each department and other budgeted agency to be made daily or at such intervals as the Controller may determine will most efficiently protect the County's interest.

(e)

Operate and maintain a central payroll system covering all personnel paid out of funds appropriated by the Board.

(f)

Control all expenditures to assure that budget appropriations and quarterly allotments are not exceeded; pass upon each proposed expenditure for conformity with the Charter and this code; and warrant that payment of bills, claims and demands and payrolls upon the proper certification of the appropriate department head and in accordance with the results of the preaudit.

(2)

Unless the Controller shall certify that there is an unencumbered balance of appropriations and funds available within the approved allotment, no appropriation shall be encumbered and no expenditures shall be made by any department. The Division shall install and maintain books and records of account for the exercise of the financial and budgetary controls herein required.

Division of the Treasury.

(1)

The head of the Division of the Treasury shall be the County Treasurer. The Division, subject to the direction and supervision of the Director shall:

(a)

Receive and deposit all funds of the County in depositories designated by the Board; and report quarterly to the Board or more often, as provided by law, amounts deposited, the institutions of deposit, and rates of interest.

[Amended 4-17-1979 by Ord. No. O-1979-00112]

(b)

Maintain and reconcile records of deposits and withdrawals from all County depositories.

(c)

Manage the investment of idle County funds pending their need for current operations and have custody of all investments and invested funds of the County government, or in the possession of the County in a fiduciary capacity, except as may be otherwise provided by law.

(d)

Administer the County debt, and have the safekeeping of all bonds and notes of the County and the receipt and delivery of County bonds and notes for transfer, registration or exchange.

(e)

Make disbursements of County funds, upon warrant of the Controller by an individual warrant check for each bill, claim, and demand authorized to be paid, as audited and allowed by the Controller, except that a single warrant may be used for an entire payroll or part of a payroll.

(2)

Each warrant check shall be authorized, signed and countersigned as provided in Article VII of this code. The Executive of the County may prescribe such additional procedures for the control of disbursements as may be desirable to protect the public interest.

(3)

Access to safe deposit boxes used or rented by the County shall be restricted to the County Treasurer or acting Treasurer in conjunction with the County Executive or his/her designee.

Division of Purchasing. The head of the Division of Purchasing shall be the Purchasing Agent. The Division, subject to the direction and supervision of the Purchasing Agent, shall:

[Amended 4-17-1979 by Ord. No. O-1979-00112]

(1)

Establish, maintain and operate, in accordance with regulations prescribed by the executive officer, a centralized purchasing system for the procurement, storage and distribution of supplies, materials, equipment, real estate and insurance required by any and all County departments and budgeted agencies.

(2)

Be responsible for the collection, sale and disposal of surplus property.

(3)

Develop and install a comprehensive inventory and control system for all equipment.

(Reserved)[2]

[2]

Editor's Note: Former Subsection G, Division of Data Processing, was repealed 9-7-2011 by Ord. No. O-2011-00011.

Division of Human Resources. The head of the Division of Human Resources shall be the Personnel Director. The Division, subject to the direction and supervision of the Director, shall:

[Amended 9-7-2011 by Ord. No. O-2011-00011]

(1)

Develop and administer the County's personnel program, including up-to-date job classification and pay plans, active recruitment of needed personnel and in-service training programs.

(2)

Design, install and maintain personnel records for each County officer and employee, including the education, training and experience of the employee, any professional or trade licenses held, all personnel actions taken with respect to the employee, compensation, civil service and pension status and such other pertinent information as the Executive may determine.

(3)

Develop, install and administer an orderly procedure for the consideration, review and adjustment of employee personnel problems.

(4)

Coordinate the processes of appointment and removal of County employees within the various departments and, to this end, review and report on proposed appointment, promotions, transfers and discharges to the Executive and the Board.

(5)

Study present and future area labor market trends and wage levels.

(6)

Assist the Executive and Administrator in evaluating the personnel component of future program needs.

(7)

Assist the Executive and the Board to insure that the County shall take affirmative action to recruit, appoint, evaluate and promote employees without regard to race, sex, color, marital status, religion, age, physical disability, political affiliation, national origin or liability for service in the armed forces of the United States. It is the policy of Essex County government to provide equal employment opportunities. This policy shall apply to all phases of employment, including but not limited to recruitment, hiring, placement, promotion, transfer, layoff, recall or termination, rates of pay or other forms of compensation and selection for training.

[Amended 4-17-1979 by Ord. No. O-1979-00112]

(a)

All persons including handicapped and minority persons, applying to any department or instrumentality of the County for employment shall be required to file an application and to apply to take any test required for employment, regardless of whether vacancies exist at the time of the application. Such applications shall be reviewed periodically, and whenever a vacancy occurs, and before advertising the same to the public, applicants on file shall be contacted to determine if they are still desirous of filling such vacancy; Affirmative action shall be a constant and ongoing activity; therefor, plans, goals and statistics shall be under constant review;

(b)

There is hereby established the full-time position of Affirmative Action Officer, Personnel Division, who shall:

[1]

Review affirmative action plans submitted by all County departments and instrumentalities, including their recruitment procedures and records.

[2]

Recommend and develop programs to insure upward mobility of all employees and those serving in appointive positions.

[3]

Recommend and develop relevant training programs.

[4]

Review and update statistics relating to affirmative action goals.

[5]

Be responsible for informing all employees of their rights and available remedies for redress of grievances.

[6]

Circulate all vacancies and new positions to all County employees prior to public advertising. Such advertising shall be made through minority as well as the regular news media and by notice to the major women's and minority organizations within the County. Such advertising shall be accompanied by the statement: "Essex County is an equal opportunity employer."

[7]

Be responsible for seeing that each department or instrumentality of the County prepares and submits an Affirmative Action Plan, which shall be reviewed at least every nine months. Such plans shall include guidelines for upward mobility and personnel data identifying areas of under-utilization of women, the handicapped and minorities, with specific goals for remedying such areas. Such updating shall contain a review of department employees, showing progressions in equal opportunity for their advancement in measure commensurate with their abilities. They shall also contain accurate up-to-date job descriptions for each position. The Affirmative Action Officer shall have available full job descriptions and salary ranges for each position in County government, and shall have input into decisions regarding appointive position.

(c)

The Affirmative Action Officer shall be directly responsible to the County Executive, and through him/her, to the Board, in all matters relating to affirmative action.

(d)

Grievances involving equal employment opportunity shall be grieved in the same manner as prescribed for other employee grievances.

(8)

Provide assistance in collective bargaining for the County as the Executive may direct.

[Amended 4-17-1979 by Ord. No. O-1979-00112]

Division of Public Information. Within the Department there shall be a Division of Public Information. Under the direction and supervision of the department head, the Division shall develop a public information program to provide the public with information or understanding of County programs and activities.

[Amended 4-17-1979 by Ord. No. O-1979-00112]

Other responsibilities.

[Amended 4-17-1979 by Ord. No. O-1979-00112]

(1)

Retirement system. The department head shall further be responsible for the continuation of the existing County Employees Retirement System through the Department of Administration and Finance.

(2)

Administrative rules and regulations.

(a)

The Executive through the Department of Administration and Finance shall:

[1]

Make, promulgate and enforce rules and regulations governing care, use and custody of County property, the rendering of services of any department, and the conduct and discipline of employees in any department.

[2]

Make no rule or regulation, except such as relates to the organization or internal management of the County government or a part thereof, which shall take effect until at least 10 days after it is filed with the Clerk of the Board and with the Clerk of each municipality in the County and it has been published at least once in the manner provided by law for the publication of official notices. A declaration by the County Executive that an emergency situation affecting public health, safety and welfare exists shall permit immediate implementation of such rule or regulation.

(b)

All rules and regulations relating to the organization or internal management of the County or any part thereof shall become effective 15 days after being filed with the Clerk of the Board and posted prominently in the offices of all affected agencies. A declaration by the County Executive that an emergency situation affecting public health, safety and welfare exists shall permit immediate implementation of such rule or regulation.

§ 2-70 Department of Health and Rehabilitation.

General purpose.

(1)

The Essex County Hospital Center, the Essex County Geriatrics Center and the various community health facilities and programs shall be and constitute a department of the County for the purpose of planning, coordinating and supervising the administration of the divisions thereof, as hereinafter provided. The head of the Department shall be responsible to the County Executive for its operation.

[Amended 4-17-1979 by Ord. No. O-1979-00112]

(2)

The Department of Health and Rehabilitation, in addition to its other responsibilities and functions, is also established as the County's Health Department pursuant to N.J.S.A. 26:3A2-6(b) of the Local Health Services Act, N.J.S.A. 26:3A2-1 et seq., and shall exercise all the powers authority provided to a County health department under the Local Health Services Act, the County Environmental Health Act, N.J.S.A. 26:3A2-21 et seq., and otherwise provided bylaw. These powers and responsibilities shall be exercised under the Department directly or may be exercised, in whole or in part, by the Division of Community Health Services, as the Department Director shall determine.

[Added 3-25-1992 by Ord. No. O-1992-00001]

Departmental organization. The Department shall be organized as follows:

[Amended 9-24-1980 by Ord. No. O-1980-01073]

(1)

Division of Hospital Center.

(2)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(2), Division of Geriatrics Center, was repealed 9-7-2011 by O-2011-00011.

(3)

Division of Community Health Services.

(4)

Office on Handicapped Services.

(5)

Office of Public Health Management.

[Added 2-1-2023 by Ord. No. O-2023-00002]

Division of Essex County Hospital Center. Under the direction and supervision of the Division Director, the Division shall be responsible for the operation of the Essex County Hospital Center.

(Reserved)[2]

[2]

Editor's Note: Former Subsection D, Division of Geriatrics Center, was repealed 9-7-2011 by Ord. No. O-2011-00011.

Division of Community Health Services.

(1)

Functions and responsibilities. Under the direction and supervision of the Department Head, the Division of Community Health Services shall:

[Amended 4-17-1979 by Ord. No. O-1979-00112]

(a)

Be responsible for the diagnostic evaluation and treatment of County residents, children through young adult ages, and related adults.

(b)

Provide psychiatric treatment, psychotherapy, casework, alcoholism, drug treatment and counseling on both an individual and group basis.

(c)

Provide educational training to needy children.

(d)

Supply various mental and public health assistance.

(e)

Receive, expend, and administer funds made available for public and community health purposes pursuant to law, in the same manner as all other County funds are received and expended.

(f)

Promote or provide medical and health services for inmates of prisons or jails maintained and operated by the County.

(g)

Maintain and operate or provide for public health centers and clinics to provide basic health, education, alcoholism and drug treatment services, or environmental health services, as may be permitted by law.

(h)

This Division may contract with non-County agencies to provide health services as allowed by law.

(i)

Maintain and provide such facilities and services for the handicapped as may be provided for by law, and coordinate and promote other programs for the handicapped.

(2)

Advisory boards. This Division shall have the following advisory boards established pursuant to law;

[Amended 3-26-1980 by Ord. No. O-1980-00612; 9-24-1980 by Ord. No. O-1980-01073]

(a)

Mental Health.

(b)

Alcoholism.

(3)

Division head. The Director of the Division of Community Health Services shall be the head of the Division and shall be responsible to the head of the Department for its operation.

Office of the Disabled

[Added 9-24-1980 by Ord. No. O-1980-01073; amended 9-7-2011 by Ord. No. O-2011-00011]

(1)

Under the direction and supervision of a Coordinator, the office shall be responsible for:

(a)

Promoting communication and coordination among the federal and state programs that assist the handicapped in Essex County.

(b)

Developing a meaningful public awareness program on the rights of the handicapped.

(c)

Securing private and public compliance with Sections 503 and 504 of the Rehabilitation Acts of 1973 and 1978.

(2)

There shall be an Advisory Board on Handicapped Services.

§ 2-71 Department of Citizen Services.

Department generally. There shall be a Department of Citizen Services, the head of which shall be the Director. The Department of Citizen Services shall be responsible for the administration of all service areas providing direct human services to individuals and families and shall act as a contact agency for those other government and nongovernment agencies which provide such services.

Divisions. The work of the Department shall be organized among and within Divisions designated as follows:

(1)

Division of Family Assistance and Benefits.

[Amended 2-17-2016 by Ord. No. O-2016-00004]

(2)

Division of Senior Services.

[Amended 8-15-2007 by Ord. No. O-2007-00021]

(3)

Division of Youth Services.

(4)

Division of Consumer Services.

[Amended 4-28-1982 by Ord. No. O-1982-02351]

Division of Family Assistance and Benefits. There shall be a Division of Family Assistance and Benefits, the head of which shall be the Family Assistance and Benefits Director.

[Amended 2-17-2016 by Ord. No. O-2016-00004]

(1)

Powers and duties. Under the direction and supervision of the Director, the Division shall have, exercise and discharge all the functions, powers and duties of a County welfare board.

(2)

Family Assistance and Benefits Advisory Board. There shall be a County Family Assistance and Benefits Advisory Board, consisting of not less than five residents of the County who shall be nominated by the County Executive and with the advice and consent of the Board, appointed to nonconcurrent five-year terms. Of the first Advisory Board so appointed, at least one shall be appointed for a one-year term, one for a two-year term, one for three years, one for four and one for five years. The Family Assistance and Benefits Advisory Board shall advise and consult with the Division Director, the Department head, the Executive and the Board on all matters relating to welfare and related services within the County.

Division of Consumer Services.

[Amended 2-11-1981 by Ord. No. O-1981-01404; 4-28-1982 by Ord. No. O-1982-02351; 11-23-1983 by Ord. No. O-1983-03722]

(1)

Within the Department there shall be a Division of Consumer Services. Under the direction and supervision of the Division Director, the Division shall:

(a)

Have, exercise and discharge the functions, powers and duties of a County Superintendent of Weights and Measures as heretofore or hereafter authorized by laws and exercise such other functions to protect consumers as the Board shall authorize.

(b)

Plan, develop and administer programs and activities of interest and benefit to consumers within the County and coordinate such services otherwise made available by federal, state and municipal agencies.

(c)

Provide services and assistance to veterans and/or coordinate within the County such services as provided by federal, state and municipal agencies and as heretofore or hereafter authorized by general law, ordinance or resolution.

(d)

Cooperate in and encourage the coordination of such volunteer services as may now exist or as may hereinafter be created within the County with private volunteer services.

(e)

Have, exercise and discharge the functions, powers and duties of a County Office of Consumer Affairs as heretofore or hereafter authorized by law.

(2)

There shall be a County Extension Service to provide programs to help Essex County citizens become more proficient in agriculture and family living. The County Extension Service shall also provide programs for youth development. The Extension Service, being a part of Rutgers University, and required as such to fulfill obligations mandated by that institution, shall prepare a yearly budget in accordance with the university guidelines, as well as established County procedures.

[Added 2-8-1984 by Ord. No. O-1984-03905]

Division of Senior Services.

[Amended 1-21-1981 by Ord. No. O-1981-01356; 8-15-2007 by Ord. No. O-2007-00021]

(1)

Within the Department there shall be a Division of Senior Services. Under the direction and supervision of the Division Director, the Division shall have, exercise and discharge the functions, powers and duties of the Division of Senior Services as heretofore or hereafter provided by general law, ordinance or resolution.

(2)

Advisory Board. Within the Division there shall be an Advisory Board for the Division of Senior Services.[1]

[1]

Editor's Note: Original Section 9.3.5, Extension Service, was repealed 2-8-1984 by Ord. No. O-1984-03905. See § 2-71D(2) of this chapter.

Division of Youth Services.

[Amended 1-21-1981 by Ord. No. O-1981-01356; 8-8-1984 by Ord. No. O-1984-04362]

(1)

Under the direction and supervision of the Director, the Division shall:

(a)

Provide for the temporary custodial care, without physical restriction, of juveniles who are homeless or abandoned, abused, neglected or cruelly treated, or awaiting court disposition and provide for juvenile/family crisis intervention, in accordance with state law and rules and regulations pertaining thereto. The Division may also receive and expend funds in the same manner as all other County funds are received and expended, for the purpose of providing counseling or support services for youths, including juveniles and families in crisis, and as provided by law, may coordinate other youth and family services.

(b)

Operate and maintain in a safe, sanitary and humane manner the Youth House and have and exercise custody according to law of such persons as may be committed thereto by any court of competent jurisdiction, according to the terms of such commitment.

[Added 4-17-1985 by Ord. No. O-1985-00005]

(2)

Youth Services Commission. Within the Division there shall be an advisory board known as the "Youth Services Commission."

Miscellaneous functions. The Department will also have, exercise and discharge the functions, powers and duties of the Youth and Economic Rehabilitation Commission as permitted by law.

[Amended 4-17-1979 by Ord. No. O-1979-00112]

Departmental Advisory Boards. The Department shall have the following advisory boards:

[Amended 4-17-1979 by Ord. No. O-1979-00112; 1-21-1981 by Ord. No. O-1981-01356]

(1)

Advisory Board on Citizen Services for the Department of Citizen Services. The existing Essex County Citizens Services Council is hereby recognized as the Departmental Advisory Board on Citizen Services. This Departmental Advisory Board shall be organized in accordance with § 2-68D(1) of this Administrative Code, and its membership shall include one designated representative of each of the following bodies within the Department:

(a)

Advisory Board for Division of Senior Services.

[Amended 8-15-2007 by Ord. No. O-2007-00021]

(b)

Division of Family Assistance and Benefits Advisory Board.

[Amended 2-17-2016 by Ord. No. O-2016-00004]

(c)

Youth Services Commission in accordance with the State of New Jersey Administrative Code Subchapter 2, County Youth Services Commission, 13:90-2.1 et seq.

[Amended 8-8-1984 by Ord. No. O-1984-04362; 4-15-2009 by Ord. No. O-2009-00011]

(d)

Advisory Board on Status of Women.

(e)

Extension Service.

(f)

Community Action Board.

(2)

Advisory Board on the Status of Women. Within the Department there shall be an Advisory Board on the Status of Women.

(3)

Veterans' Advisory Board.

[Added 12-14-1988 by Ord. No. O-1988-00039]

(a)

The purpose for which this Advisory Board is established shall include, but is not limited to, addressing the concerns of our veteran population and to accord them recognition for their devotion and patriotism to the United States of America.

(b)

The Board shall consist of 15 members, the majority of whom shall be veterans.

(c)

Members shall serve a three-year membership term from date of appointment, except that for inaugural members appointed, five shall serve for a one-year term, five for a two-year term and five for a three-year term.

[Added 9-25-2013 by Ord. No. O-2013-00012]

(d)

There shall be two representatives of the Board of County Commissioners appointed by the Board of County Commissioners.

[Added 9-25-2013 by Ord. No. O-2013-00012]

(4)

Hispanic Advisory Board (pursuant to N.J.S.A. 40:10C-1). Within the Department of Citizen Services shall be an advisory board known as the Hispanic Advisory Board which shall advise the Department and governing body on matters concerning the needs of the Essex County Hispanic community and the impact of County action on said community. The Board shall consist of: a) five members to be appointed by the County Executive with the advice and consent of the Board of County Commissioners who shall be residents of Essex County and shall represent the Hispanic community and who shall serve three-year terms from date of appointment, except that, for members first appointed, one shall serve a one-year term, two for two years and three for three years; and b) two members of the Board of County Commissioners appointed by the Board of County Commissioners.

[Added 8-14-1991 by Ord. No. O-1991-00015]

§ 2-72 Department of Law.

Department generally. There shall be a Department of Law, the Director of which shall be the County Counsel. The County Counsel shall be appointed by and shall serve at the pleasure of the Executive.

Staff appointments. There shall be appointed, within available appropriations, Assistant County Counsels, one of whom may be designated as Deputy County Counsel, Inspector General, secretaries, clerical personnel, law Clerks and investigators. Each assistant and all other employees in the Department shall have and exercise such powers and duties within the Department as shall be allocated and assigned to him/her by the County Counsel.

[Amended 9-7-2011 by Ord. No. O-2011-00011]

Department duties.

[Amended 4-17-1979 by Ord. No. O-1979-00112; 11-12-1980 by Ord. No. O-1980-01206]

(1)

The County Counsel shall be the chief legal advisor of the executive branch and of each constitutional officer; and the attorney of record in all civil proceedings wherein the executive branch or a Constitutional officer shall be a party.

(2)

The Department, under the supervision of the County Counsel, shall:

(a)

Advise the Executive, all agencies under his/hers jurisdiction and the constitutional officers when requested to do so, with respect to their official responsibilities.

(b)

Supervise the legal form and sufficiency of all contracts, deeds, correspondence and other documents and all ordinances, resolutions and actions referred to the Department for preparation or review.

(c)

Represent the Executive and agencies under his/hers jurisdiction in all matters of litigation, appeals in the courts, proceedings before any administrative agency and in other appropriate matters; and recommend to the Executive settlement of any matter.

(d)

Maintain records of all actions, suits, proceedings and matters which relate to the County's interest and report thereon from time to time as the Executive may require.

(e)

Represent the constitutional officers in all legal matters including, but not limited to, litigation, appeals in the courts, proceedings before any administrative agency and in other appropriate matters.

(f)

Render such advisory opinions as are requested.

Deputy County Counsel. The Deputy County Counsel shall, during the absence or disability of the County Counsel, possess all the powers and perform all the duties of the County Counsel.

County Adjuster. The County Counsel may designate one or more of his/hers assistants or employees to exercise such powers and duties and perform such functions under his/hers supervision as provided by law for the County Adjuster.

Outside counsel.

[Amended 4-17-1979 by Ord. No. O-1979-00112; 11-12-1980 by Ord. No. O-1980-01206; 12-13-2006 by Ord. No. O-2006-0016]

(1)

The County Counsel is authorized, with the approval of the Executive and within available appropriations, to retain such outside counsel to aid in the trial, argument or preparation of such cases or matters of importance in which the County may be a party or be interested, as he/she may seem necessary. If the County Counsel should be disqualified with respect to any matter, except as set forth in Subsection F(2) herein, the Executive may designate outside counsel to represent him/her for and with respect to such matter.

(2)

If the County Counsel should determine that he/she should be disqualified with respect to the representation of a constitutional officer in any matter, the constitutional officer shall request representation on such matter by the Attorney General of the State of New Jersey. In the event that the Attorney General refuses to represent the constitutional officer on such matter, the constitutional officer may, within available appropriations, designate outside counsel to represent him/her for and with respect to such matter subject to prior Board approval.

(3)

All outside counsel shall be retained under a professional services contract.

Qualifications. The County Counsel and all Deputy, Special and Assistant County Counsels shall have been duly admitted to practice law in New Jersey.

Other activities. To the extent that the Right of Way Commission shall be utilized it shall be deemed to be a part of the Department for administrative purposes, and the head of the Department shall be responsible for its records and continuity.

Inspector General. The Inspector General shall report to the County Counsel. In the event a specific matter under the Inspector General's review concerns accusations made against the County Counsel, then the Inspector General shall report such matter(s) to the County Executive. In the event a specific matter under the Inspector General’s review concerns accusations made against a member or members of the Board of County Commissioners and/or the County Executive, then the Inspector General shall report such matter(s) to the Office of the Essex County Prosecutor.

[Added 9-7-2011 by Ord. No. O-2011-00011]

§ 2-73 Department of Parks, Recreation and Cultural Affairs.

[Amended 4-17-1979 by Ord. No. O-1979-00112]

General purpose; departmental organization.

(1)

There shall be a Department of Parks, Recreation and Cultural Affairs for the purpose of operating park and recreational facilities and conducting and coordinating cultural affairs within the County; the head of the Department shall be responsible to the County Executive for its operation.

(2)

Within the Department, there shall be the following divisions:

(a)

Division of Parks and Recreation.

(b)

Division of Cultural and Historic Affairs.

[Amended 10-28-1987 by Ord. No. O-1987-00031]

Division of Parks and Recreation.

(1)

Functions and responsibilities. Under the direction and supervision of the Department head, the Division of Parks and Recreation shall, subject to budgetary appropriations, be responsible for:

(a)

The maintenance and development of public parks, playgrounds and recreational places within the County.

(b)

Preserving, caring for, laying out, constructing, maintaining and improving park and recreational facilities.

(c)

Providing for the care, cultivation, planting and replanting of trees, shrubs, and lawns on County parklands.

(d)

The development and administration of programs to facilitate public use and enjoyment of County parks, playgrounds and places of recreation, including special recreational facilities for the handicapped.

[Amended 2-14-1990 by Ord. No. O-1990-00003]

(e)

The operation and maintenance of all recreational facilities.

(f)

The coordination of park and recreational programs of the County with other public and private recreational programs, and facilities within the County.

(g)

The operation of such programs and facilities as may be permitted for a County Park Commission.

(2)

Division head. The Director of the Division of Parks and Recreation shall be responsible to the head of the Department of Parks, Recreation and Cultural Affairs and shall be responsible for its operation.

Division of Cultural and Historic Affairs.

[Amended 10-28-1987 by Ord. No. O-1987-00031]

(1)

Functions and responsibilities. The Division of Cultural and Historic Affairs shall:

(a)

Promote, coordinate, and develop artistic and cultural activities and programs.

(b)

Exercise and discharge the functions, powers and duties of the Cultural and Heritage Commission as provided by law.

(2)

Advisory Board. Within this Division there shall be established a Citizens Advisory Board for the Arts and History.

[Amended 9-7-2011 by Ord. No. O-2011-00011]

(3)

Division head. The head of the Division of Cultural and Historic Affairs shall be responsible for its operation under the supervision of the Department head.

Miscellaneous.

(1)

Leases and concessions. The County Executive may, subject to law and to Board approval, lease to the highest responsible bidder, upon open competitive bids, parklands or concessions therein to produce revenues from facilities required for or incidental to the operation of such public parks, playgrounds or recreational places. The period of any such lease shall not exceed five years.

(2)

Fees and revenues. The Department may charge and collect for the use of the County a reasonable fee for admission to or the use of facilities, programs and activities provided under this article only as specifically authorized by ordinance of the Board. All such fees shall be paid over to the Department of Administration and Finance.

(3)

Rules and regulations. The Department may recommend adoption of reasonable rules and regulations for the safety and conduct of persons using parks and recreational facilities, and for the preservation of public peace and order at public events in accordance with this code. Any person who shall violate an such rule or regulation maybe prosecuted in accordance with the penalties established therein.

(4)

County indebtedness. The adoption of this code shall not in any way impair the obligation of the County with respect to indebtedness, or the debt service thereon, heretofore incurred by the County Park Commission for park purposes. The County Executive is authorized and directed to enter into appropriate contractual and other arrangements to establish the obligation of the County and its assumption of any and all such debt, notwithstanding the abolition of the Park Commission.

Advisory Council on Parks and Recreation.

(1)

Within the Division of Parks and Recreation there shall be an unsalaried Advisory Council on Parks and Recreation. The Council shall consist of nine members. Each member shall serve for a term of three years, except that of those first appointed, three shall be appointed to serve for a term of one year, three for two years, and three for three years.

(2)

The Advisory Council shall organize and adopt rules for the conduct of its business. Such rules shall provide for the selection of a Chair and a secretary and other officers of the Council, for the maintenance of a record of its proceedings, and for such other matters as the Council may deem appropriate.

(3)

The Council shall advise and consult with the Director from time to time as to matters of program, planning and budget, and shall develop and sponsor plans for the improvement and support of the County Park and Recreational Program.

§ 2-74 Department of Economic Development, Training and Employment.

[Amended 4-17-1979 by Ord. No. O-1979-00112; 2-17-1980 by Ord. No. O-1980-00532; 4-9-1980 by Ord. No. O-1980-00672; 2-23-1980 by Ord. No. O-1980-03066; 11-23-1983 by Ord. No. O-1983-03722; 2-10-1999 by Ord. No. O-1999-00001]

Department generally. There shall be a Department of Economic Development, Training and Employment, the head of which shall be the Director. Within the Department there shall be:

(1)

A Division of Economic Growth and Job Development.

(2)

A Division of Housing and Community Development.

(3)

A Division of Training and Employment.

(4)

An office of Workforce Development Board.

[Amended 2-17-2016 by Ord. No. O-2016-00005]

Division of Economic Growth and Job Development. There shall be a Division of Economic Growth and Job Development. The Division, under the direction and supervision of the Director, shall encourage, promote and stimulate the maximum use of the commercial, industrial and residential resources of the County and its municipalities. The Division shall:

(1)

Assist business and industry in relocating, remaining and expanding in Essex County and planning for future development.

(2)

Coordinate with business and industry to promote the creation of jobs in Essex County.

Division of Housing and Community Development. There shall be a Division of Housing and Community Development within the Department. The Division, under the direction and supervision of the Director, shall:

(1)

Perform all functions related to implementing a housing and community development program as required by federal law.

(2)

Maintain close communication with the United States Department of Housing and Urban Development (HUD) so as to take advantage of all grant and loan monies available, including, but not limited to, lines of credit and low-cost loans for the rehabilitation of housing, infrastructure, public facilities and the development of businesses throughout the County.

(3)

Maintain close communication with the New Jersey Department of Community Affairs so as to take advantage of incentive programs, loans and grant monies available for the rehabilitation and creation of housing and businesses throughout the County.

(4)

Provide technical assistance to the County Community Development Revenue Sharing Committee and other agencies and the municipalities in preparing applications for federal and state grants and loans.

(5)

Establish a data bank for housing statistics and an inventory of housing program information;

(6)

Establish an inventory of potential housing and business development projects and provide assistance and information concerning HUD and state funds that may be available to fuel same.

(7)

Prepare an annual report of all housing and community conditions and needs in Essex County.

(8)

Prepare an annual report of small businesses in Essex County and projections for recommended small business development in the County.

(9)

Assist the municipalities, housing agencies, and other interested groups in identifying areas suitable for rehabilitation and in initiating housing and business development programs.

Division of Training and Employment. There shall be a Division of Training and Employment within the Department. The Division, under the direction and supervision of the Director, shall include two units as follows:

(1)

There shall be a unit of Training which will develop and administer the County's employment training program according to federal and state guidelines.

(2)

There shall be a unit of Employment which will coordinate and implement the County's welfare-to-work program to maximize the number of jobs welfare clients in training, in work-related activities and in permanent employment.

Workforce Development Board. The Workforce Developtment Board shall act as the policy and planning body that will coordinate welfare-to-work, school-to-work, literacy-to-work, employment training and job placement programs in the local workforce investment area. The Executive Director of the Workforce Development Board shall report to the Director of the Department.

[Amended 2-17-2016 by Ord. No. O-2016-00005]

(Reserved)[1]

[1]

Editor's Note: Former Subsection F, regarding the Essex County Improvement Authority, was removed at the direction of the County.

Division Directors. Each Division shall be headed by a Director who shall be under the supervision and direction of the Director of the Department.[2]

[2]

Editor's Note: Former Subsection H, Division of Solid Waste Management, which immediately followed this subsection, was repealed 12-13-2006 by Ord. No. O-2006-00016. See now § 2-76H(2).

§ 2-75 Department of Corrections.

[Amended 4-17-1979 by Ord. No. O-1979-00112; 1-21-1981 by Ord. No. O-1981-01355; 3-11-1981 by Ord. No. O-1981-01485; 6-8-1983 by Ord. No. O-1983-03321; 4-17-1985 by Ord. No. O-1985-00005; 5-7-1997 by Ord. No. O-1997-00006; 8-14-1997 by Ord. No. O-1997-00012; 2-11-2004 by Ord. No. O-2004-00003]

Department generally. There shall be a Department of Corrections, the head of which shall be the Department Director, who shall by education and experience have the qualifications to administer large custodial institutions and to supervise law enforcement personnel. The Department, under the direction and supervision of the Director shall:

(1)

Operate and maintain in a safe, sanitary and humane manner the County jail and jail annex as required by federal and state laws, rules and regulations.

(2)

Exercise custodial rights over such persons as may be committed thereto by any court of competent jurisdiction according to the terms of such commitment.

The Essex County Police Academy is a Division of the Essex County Department of Corrections.

[Added 10-23-2019 by Ord. No. O-2019-00014]

§ 2-76 Department of Public Works.

Department generally. There shall be a Department of Public Works, the head of which shall be the Director. The Department shall consist of the following divisions:

(1)

Engineering.

(2)

Roads and Bridges.

(3)

Environmental Services.

(4)

Fleet Management.

(5)

Building and Grounds.

(6)

Security.

(7)

Division of Planning.

[Added 2-10-1999 by Ord. No. O-1999-00001]

Division of Engineering. Within the Department there shall be a Division of Engineering, the head of which shall be the County Engineer. He/she shall be a licensed professional engineer of New Jersey with at least five years of responsible public works experience. Under the direction and supervision of the Director, the Division shall:

(1)

Render professional engineering services, advice and assistance to the Department and such other departments, divisions, bureaus, offices, boards and commissions as the Executive shall designate;

(2)

Maintain County maps, charts, engineering data and records as may be required for the proper and efficient administration of County projects or property;

(3)

Perform such surveys, field inspections and such other actions as may be necessary or desirable for County projects;

(4)

Assist the County Planning Board;

(5)

Inspect the work performed under County contracts and certify for payment work which is approved as in compliance with the contract when required;

(6)

Perform such duties as may be required in connection with bridges operated jointly with one or more counties; and

[Added 9-10-1980 by Ord. No. O-1980-00964]

(7)

Report monthly to the Board of County Commissioners on the status of all traffic ordinances which have been passed by the Board of County Commissioners but which have not yet received required Department of Transportation approval.

[Added 10-26-1983 by Ord. No. O-1983-03598]

Division of Roads and Bridges. Within the Department of Public Works, there shall be a Division of Roads and Bridges. The head of the Division shall be the Director of the Division. The Division, under the direction and supervision of the Director, shall:

[Amended 9-10-1980 by Ord. No. O-1980-00964]

(1)

Maintain, repair, construct and reconstruct County roads and bridges;

(2)

Maintain County roads and bridges in a clean and safe condition for passage, properly lighted as authorized pursuant to law, free of obstructions and hazards and remove leaves, snow, ice and debris therefrom as required;

(3)

Install, maintain and repair road signs, traffic signs, signals, markers, devices and lines as authorized pursuant to law; and

(4)

Have, exercise and discharge the functions, powers and duties of a Shade Tree Commission.

Division of Environmental Services. Within the Department, there shall be a Division of Environmental Services. The head of the Division shall be the Director of the Division. Under the supervision and direction of the Director, the Division shall:

(1)

Operate and maintain any County sanitary landfill and such other County services as may be authorized for the collection and disposal of solid wastes;

(2)

Construct, install and maintain facilities of the County drainage system for mosquito abatement, erosion and for flood control and flood damage reduction;

(3)

Construct, operate and maintain such County water supply system as may be authorized pursuant to law;

(4)

Develop and administer plans, programs and facilities for the surveillance and monitoring of environmental conditions within the County including, without limitation thereto, the quality of public water supply sources, the operation of wastewater treatment plants, sources of air pollution, air quality, solid waste disposal facilities and endorse the law with respect thereto;

(5)

Within the limits of available appropriations, the Division shall develop County plans and programs to coordinate environmental services of local government within the County, to provide at the County level such services to the extent that they are not provided at that level of local government and to offer to the municipalities of the County under appropriate contracts, such environmental services as any of them may wish to obtain by contract;

(6)

Administer state programs for the prevention and correction of sedimentation and erosion in and along the public waters of the County;

(7)

Develop and administer plans and programs for the prevention and correction of sedimentation and erosion in and along the public waters of the County; and

(8)

Have, exercise and discharge the functions, powers and duties of a Mosquito Extermination Commission.

Division of Fleet Management. Within the Department, there shall be a Division of Fleet Management. The head of the Division shall be the Director of the Division. Under the direction and supervision of the Director, the Division:

(1)

Shall provide for the maintenance and repair of all County-owned motor vehicles and motorized equipment;

(2)

Shall provide for the storage, servicing and control of the use of all County-owned vehicles and motorized equipment, the scheduling of preventive maintenance thereon, the supplying and control of vehicles, equipment parts inventories, labor, materials, fuel and lubricants and pursue manufacturers' and dealers' guarantees and warranties on vehicles and equipment; and

(3)

May operate such facilities for garage and motor vehicle services for such municipalities as may be contracted for pursuant to law.

Division of Buildings and Grounds. Within the Department, there shall be a Division of Buildings and Grounds, which Division shall be headed by a Director. The Division, under the direction and supervision of the Director, shall:

(1)

Provide technical and mechanical services required by any department for the safe and efficient operation of heating, ventilating, air conditioning, plumbing and electrical systems of County buildings;

(2)

Operate, maintain and repair public parking areas and facilities acquired by the County pursuant to law; and

(3)

Maintain and repair County buildings and properties as required;

(4)

Provide custodial and janitorial services for all County buildings; and

(5)

Operate and maintain central facilities, to be used by County departments and budget agencies, for duplication, telephone, mail and other communications.

[Added 4-17-1979 by Ord. No. O-1979-00112]

Division of Security. Security shall be under the direction and supervision of the Office of the Sheriff and that office shall:

[Amended 3-29-2000 by Ord. No. O-2000-00003]

(1)

Provide for security against theft and vandalism within the County facilities.

(2)

Develop and implement security procedure and proceed to insure a sound security program.

Division of Planning.

[Amended 4-17-1979 by Ord. No. O-1979-00112; 11-23-1983 by Ord. No. O-1983-03722; 2-10-1999 by Ord. No. O-1999-00001]

(1)

The County Division of Planning shall include within it the Office of Transportation Planning and Coordination. The Division, within the limits of available appropriations, shall:

(a)

Provide administrative staff to the Planning Board.

(b)

Engage in long-range planning relating to the development and conservation of lands and resources within the County, including, without limitations thereto, population studies, health, educational, welfare, cultural, environmental, drainage, protective, traffic and transportation facilities and services and plans relating thereto.

(c)

Review subdivision plans and site plans pursuant to law.

(d)

Coordinate local and regional planning activities and perform federal clearinghouse/metropolitan review function.

(e)

Assist the County Budget Officer in the preparation of a capital budget and a capital program.

(f)

Assist other departments to maximize the use of available state and federal grants.

(g)

Assist municipal planning agencies upon request.

(h)

Through the Office of Transportation Planning and Coordination provide assistance to the municipalities of the County in the areas of planning, funding and implementing local transportation facilities as well as other matters pertaining to public transportation.

(i)

Establish, within the Office of Transportation Planning and Coordination, a Citizen's Transportation Advisory Board to work in conjunction with and advise the Office of Transportation Planning and Coordination in the discharge of its duty. Said Board shall consist of one representative from the private sector directly involved with mass transportation within the County and representatives from public interest groups concerned with transportation issues within the County.

(2)

Within this Division there shall be established an Essex County Solid Waste Advisory Council to perform the functions outlined in the New Jersey Solid Waste Management Act. This Council shall consist of at least one representative from each municipality.

(3)

Office of Environmental Affairs.

[Added 11-24-1998 by Ord. No. O-1998-00025]

(a)

Within the Division, there shall be a County Office of Environmental Affairs whose purpose it shall be to insure that all environmental matters of concern to the County and its residents receive attention. There shall also be an advisory commission known as the Essex County Environmental Commission which shall be comprised of nine Essex County residents and two members of the Essex County Board of County Commissioners and which shall advise the Office of Environmental Affairs on environmental matters of concern to the County and its residents. There shall also be an Environmental Alliance of Municipalities which shall be comprised of one representative from each of the County's 22 municipalities and which shall meet no less than four times per year with the member of the Environmental Commission who shall be appointed as liaison to the Alliance.

(b)

Environmental Commission and Environmental Alliance.

[1]

There is hereby established the Essex County Environmental Commission ("Commission") consisting of nine members, one of which shall be a representative of the Essex County Office of Environmental Affairs as a voting ex officio member. Appointments shall be made by the County Executive with the advice and consent of the Board of County Commissioners. Initial appointments shall be made as follows: three members, three-year terms; three members, two year terms; two members, one-year terms. Thereafter, appointments shall be for terms of three years. Membership on the Commission shall be limited to two consecutive terms and total service of 12 years. In addition, pursuant to § 2-10C of the Essex County Administrative Code, two members of the Board of County Commissioners shall be members of the Commission.

[2]

There is hereby established an Environmental Alliance of Municipalities consisting of 22 members, one from each of Essex County's municipalities. Appointments and terms thereof shall be made by each municipality according to its own procedures, and each municipality shall advise the Office of Environmental Affairs of its appointee to the Alliance and the term thereof.

[3]

The Commission may employ or contract for independent experts in environmental law, engineering and staff as required, subject to budgetary limitations.

[4]

The Commission may seek the assistance of technical consultants as advisors on an as-needed basis to assist in projects beneficial to the County, which consultants may include, but not be limited to:

[a]

Members(s) of the Rutgers Cooperative Extension Service.

[b]

Essex County planning staff.

[c]

Essex County Health Department.

[d]

Certified geologist.

[e]

Public health specialist.

[f]

Land planner.

[g]

Environmental/Soil scientist.

[h]

Conservationist.

[i]

Arborist.

[5]

Definition of the Commission's powers. Upon request, the Commission shall provide assistance, advice and recommendations to the County Executive, the Board of County Commissioners, the Essex County Planning Board and the Essex County Health Department in such matters as:

[a]

Assembling data on a continuing basis as part of the preservation and protection of County environmental and natural resources.

[b]

Responding to citizen requests for assistance with environmental problems having cross-community impact.

[c]

Protecting groundwater and surface water resources.

[d]

Developing strategies for public education regarding the environment and educational programs to be presented to the public through the schools, mass media and service organizations. These programs would be designed to increase public awareness of necessary decisions to improve the environment and to recognize contributions to solutions made by members of the community, including individuals, groups, companies and public agencies.

[e]

Suggesting strategies for resolution of environmental concerns.

[f]

Reviewing at the request of the County Executive or the Board of County Commissioners County policy concerning the environment with regard to:

[i]

Land development, redevelopment and zoning considerations.

[ii]

Recreational use of watershed areas and parklands.

[iii]

Actions to increase compliance with standards.

[iv]

Preparation of new legislation for state, County and local adoption in the fields of environmental protection, conservation, watersheds, rivers, lakes, streams, aquifer/recharge and any other area of public concern.

[v]

Means of cooperation and common action with federal, state and local agencies and authorities in developing and recommending enforcement of environmental standards.

[g]

Inventorying and evaluating the physical and natural features and the establishment of priorities for preserving and protecting the ecology of Essex County.

[h]

Reviewing, upon request of the Planning Board, the environmental impact of development projects in or near Essex County which are proposed by federal, state, local or private agencies.

[i]

Reviewing existing and proposed federal, state and local laws, grant-in-aid programs relating to environmental matters and advising the Board of County Commissioners as to the effect of such legislation on the County and its agencies.

[j]

Performing such other advisory duties as are requested for the aid and assistance of County boards and agencies.

[6]

The Commission shall specifically exempt itself from matters concerning or involving solid waste, solid waste management and the County of Essex's Solid Waste Management Plan. The Office of Environmental Affairs and the Commission recognize that the Essex County Solid Waste Advisory Council alone shall address solid waste issues. Any solid waste issues brought to the attention of the Office of Environmental Affairs or the Commission will be directed to the Essex County Solid Waste Advisory Council, which may, in its discretion, seek the participation, advice or assistance of the Commission.

The Planning Board shall consist of the President of the Board of County Commissioners, one Commissioner member, one Commissioner alternate member nominated by the President of the Board of County Commissioners, the County Engineer, the assistant County Engineer to serve as an alternate to the County Engineer, six citizen members and two alternate citizen members to be appointed by the County Executive with advice and consent of the Board of County Commissioners. Said members shall serve for the term prescribed by law and shall perform such functions as provided by law.

[Amended 4-17-1979 by Ord. No. O-1979-00112; 12-7-1983 by Ord. No. O-1983-03786]

Construction Board of Appeals. The Construction Board of Appeals shall consist of five members, to be appointed by the Executive with the advice and consent of the Commissioners, to serve for the term prescribed by law. This Board shall perform such functions as provided by law. The fee for an appeal to the Construction Board of Appeals shall be $100.

[Added 2-13-1980 by Ord. No. O-1980-00509; amended 5-25-1985 by Ord. No. O-1985-00016]