There shall be a Department of Law, the Director of which shall be the County Counsel. The County Counsel shall be appointed by the County Executive and shall serve pursuant to N.J.S.A. 40:41A-37(b) as amended, or as it may be amended.
A.
The County Counsel may appoint legal assistants, and may designate as Deputy County Counsel(s), secretaries, clerical personnel, law clerks, investigators and a Director of Labor Relations within available budget appropriations. 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/them by the County Counsel.
B.
All persons heretofore or hereafter appointed to serve within the Department of Law shall continue to serve at the pleasure of the County Counsel and the County Executive, and CS-6 Forms shall require the signature of both.
A.
The County Counsel shall be the chief legal advisor of the County government and the attorney of record in all civil proceedings wherein the County or any of its officers, employees, boards, commissions or other bodies shall be a party, except that this shall not apply as to any agency which is not supported in whole or in part from funds appropriated by the Board and which is represented by other counsel under appropriate law.
B.
The Department, under the supervision of the County Counsel, shall:
(1)
Advise the County Executive and all officers, departments, boards, commissions and employees, when requested to do so, with respect to their official responsibilities;
(2)
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;
(3)
Represent the County in all matters of litigation, appeals in the courts, proceedings before any administrative agency and in other appropriate matters; and recommend to the Board settlement of any matters;
(4)
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 Board may require;
(5)
Operate and maintain an Office of Collective Bargaining which may, in addition to providing collective bargaining services to the County and its agencies, provide services to such municipality and its agencies as the County Counsel deems feasible pursuant to a written contract;
(6)
Act as liaison to the judicial branch of the government;
(7)
Render such advisory opinions as are requested;
(8)
Perform such investigations as necessary, whether directly or through the assistance of outside counsel;
(10)
Ensure that records are maintained in a format compatible with existing laws and updated technology.
The Deputy County Counsel(s) shall, during the absence or disability of the County Counsel, possess all the powers and perform all the duties of the County Counsel and in the event of a vacancy in that office shall act as County Counsel until the appointment and qualification of a County Counsel.
A.
The County Counsel is authorized, with the approval of the Commissioner Board and within available appropriations, to employ such special counsel to aid in the trial, argument or preparation of such cases or matters of importance in which the County may be a part or be interested, as he/she may deem necessary. If the County Counsel should be disqualified with respect to any matter, the Board may designate special counsel by resolution to represent the County for and with respect to such matter.
B.
In the event of a dispute between the County Executive and the Commissioner Board, involving the official duties of the County Executive, which requires in the opinion of the County Counsel that the County Executive be represented by counsel, the County Executive, within the limits of available appropriations, may retain special counsel to represent him/her/them for and with respect to such matters.
A.
Within the Department of Law there may be appointed by the County Executive with the advice and consent of the Board of County Commissioners a person who shall be the County Adjuster.
B.
The County Adjuster shall be in charge and supervise the preparation of all matters and procedures relative to the civil commitment of persons with mental illness pursuant to N.J.S.A. 30:4-34 along with any other duty stated in applicable statutes or regulations.
C.
In the event the position of County Adjuster becomes vacant, during such vacancy, the County Counsel shall temporarily serve as the County Adjuster.
There shall be within the department an Office of Labor Relations, the head of which shall be the Director of Labor Relations. The Office of Labor Relations shall:
A.
Act as the liaison between the County and the collective bargaining representative for County employees.
B.
Provide guidance and advise as to all aspects of labor relations.
C.
Provide recommendations as to collective bargaining statutes.
D.
Be responsible for the negotiations of collective bargaining agreements involving the County.
E.
Provide recommendations as to the terms and conditions of collective bargaining agreements.
F.
Provide guidance and assistance to all County departments and constitutional officers as to matters relative to collective bargaining issues.
Upon any severance, resignation or removal from office the County Counsel shall forthwith surrender to his/her/their successor or to the several County officers charged with the custody thereof all deeds, leases, conveyances, obligations, bonds, contracts, agreements, maps, reports and other papers in his/her/their custody belonging to the County. He/she/they shall deliver to his/her/their successor in office all property, legal papers, files and documents relating to the business of the County, together with a written consent of substitution of his/her/their successor in all actions then pending and undetermined in which the County is a party. Upon any severance, resignation or removal from office, all personnel of the Law Department shall forthwith surrender to the County Counsel or his/her/their designee all papers and documents relating to the business of the County.
There shall be within the Department of Law an Office of Risk Management, the head of which shall be an Office Administrator. The Office of Risk Management shall:
A.
Develop and establish a comprehensive risk management program for the County of Hudson.
B.
Develop and establish the criteria for measuring all property, casualty and liability exposures of the County of Hudson so as to eliminate, minimize or transfer the risk of their exposure wherever feasible.
C.
Develop and maintain loss experience and claims information data for the purpose of determining loss frequency and severity in order to assure maintenance of appropriate loss control procedures and adequacy of funding for expected loss levels.
D.
Centralize the purchase of commercial insurance as a means of risk transfer wherever same is fiscally prudent and responsible.
E.
Develop and review self-insurance programs giving consideration to rational retention limits and the purchase of commercial insurance above the levels of desired self-retention consistent with sound risk management analysis.
F.
Evaluate existing provisions for fidelity bonds statutorily required of County officials and employees as well as recommend such additional coverage limits as are appropriate commensurate with experience.
G.
Be responsible for ensuring compliance with the County's responsibilities under the Worker and Community Right to Know Act (N.J.S.A. 34:5A-1 et seq.).
H.
Oversee the activities of the County Fire Marshal.
Within the Office of Risk Management in this Department there shall be a County Fire Marshal, who shall act in an advisory capacity to all of the fire companies within the County, conduct investigations pertaining to the elimination of fire hazards, and make recommendations in reference thereto. He/she/they shall also to the extent not inconsistent with state law:
A.
Regulate the use, storage and disposal of flammable or combustible materials;
B.
Provide for the protection of life and property from danger of fires and explosions;
C.
Provide for inspection of fire hazards in buildings, discharge, wharves, warehouses and other places;
D.
Take action for removal or destruction of any building or other structure which is, or is likely to become, a fire hazard, but only on written notice to the owner or person in control of said premises and pursuant to the requirements of N.J.S.A. 40A:14-4;[1]
[1]
Editor's Note: Said statutory provision was repealed by L.1999, c. 351, § 3, eff. Jan. 14, 2000.
E.
Inspect County facilities; and
There shall be designated annually a Public Agency Compliance Officer by way of Executive Order pursuant to N.J.A.C. 17:27-3.3. Such designation shall be noticed to the New Jersey Division of Public Contracts no later than January 10 of each year.
A.
The Public Agency Compliance Officer shall monitor and demand compliance with and to report appropriately to the State of New Jersey on all matters relative to the New Jersey Department of Treasury-Division of Contract Compliance and Equal Employment Opportunity in Public Contracts.
B.
It shall be the responsibility of that person designated as the Public Agency Compliance Officer to oversee and ensure contractors' and vendor compliance with the collective acts of the County whether by ordinance or executive order, collectively referred to "living wage."
C.
All regulations promulgated now or as from time to time may be amended or adopted by the New Jersey Department of Treasury, Division of Contract Compliance and Equal Opportunity in Public Contracts, are incorporated into this Hudson County Administrative Code by reference. At the request of the County Executive, County Administrator or County Counsel, the Public Agency Compliance Officer shall prepare any report so requested in any form so requested in a timely and complete fashion.
D.
It shall be the responsibility of the Public Agency Compliance Officer to monitor those Rules and Regulations promulgated by the New Jersey State Treasurer's Division of Contract Compliance and Equal Employment Opportunity in Public Contracts and Affirmative Action Rules presently cited in N.J.A.C. 17:27-3.2 or as they may be from time to time amended.
F.
At the request of the County Executive, County Administrator or County Counsel, the Office of Business Opportunity and Community Services (or any member thereof) shall prepare any report so requested in any form so requested in a timely and complete fashion. That person responsible for filing reports with the State Division of Contract Compliance shall do so in compliance with all applicable laws and regulations, and shall review all such reports with the County Counsel or his/her designee prior to transmittal for review and approval of legal form.
Within the Department shall be a Office of Consumer Protection, the head of which shall be an Office Administrator. Under the direction and supervision of the Director, the Office shall, in accordance with all applicable law, plan develop and administer programs and activities of interest and benefit to consumers within the County and exercise such other functions to protect consumers as authorized by law.
Within the Department of Law shall be the Office of the Hudson County Public Safety Training Center (the "Center"), which shall be charged with the operation of a facility to provide training to candidates for public safety positions, as well as for supplemental training to already employed public safety employees. The day-to-day operations of the Office shall be overseen by the Center Director, who shall be a County employee.
A.
Duties and functions of the Center Director. The Center Director shall be accountable to the Director of the Department of Law, and the Center Director shall be responsible to:
(1)
Supervise and oversee the day-to-day operations of the Center.
(2)
Set goals and objectives and establish priorities and plans for the training activities of the Center.
(3)
Interact with County and public safety agencies throughout the state to assess their training needs and to recommend training programs at the Center.
(4)
Recommend and oversee the annual budget for the Center.
(5)
Identify the financial needs of the Center, including but not limited to academic and facility improvements, and prepare a recommendation to the capital budget to meet these needs.
(6)
Develop appropriate training course curriculum and amendments to the curriculum required for the operation of the Center as a public safety training facility.
(7)
Research, develop and implement continuing education courses for public safety employees.
(8)
Recommend and oversee qualified teaching staff at the Center.
(9)
Ensure that all courses, workshops, seminars, field exercises and training programs meet the training needs and requirements set forth by County, state and federal regulations and directives.
(10)
Develop relationships with educational institutions and recommend the terms of affiliation agreements with those institutions.
(11)
Oversee the receipt and retention by the Center of any certification(s) required by the New Jersey Police Training Commission or any other governmental regulatory body in order to maintain the status of the Center as a public safety training center by the State of New Jersey.
(12)
Interact with public entities in the County and throughout the State of New Jersey in order to solicit enrollees in the Center.
(13)
Prepare written procedures and guidelines pertinent to the operation of the Center.
(14)
Implement, adjudicate and enforces all rules, regulations, policies, procedures and safety standards promulgated by the New Jersey Police Training Commission relative to the training of public safety candidates.
(15)
Maintain discipline within the confines of the Center.
(16)
Recommend fees to be charged by the County to any attendees of the Center.
(17)
Prepare reports as needed and requested by the County Executive and the Commissioner Board regarding the operations of the Center.
(18)
Develop a long-term strategic plan for the Center and a review of that plan on a bi-annual basis.
(19)
Maintain the appropriate records and ensure that the rules and regulations promulgated by the New Jersey Police Training Commission pursuant to N.J.A.C. 13:1-7.1 for the operation of a training center are complied with by the County in the operation of the Center.
(20)
Develop policies and procedures relative to the day-to-day operations of the Center.
(21)
Perform other related duties as required.
B.
Public Safety Advisory Board.
(1)
There is hereby created the Hudson County Public Safety Advisory Board (the "Center Board"), consisting of nine members, who shall be appointed by the County Executive with the advice and consent of the Commissioner Board. The membership of the Advisory Board shall consist of the following:
(a)
The Hudson County Prosecutor.
(b)
The Hudson County Sheriff.
(c)
The Chief of Staff to the County Executive.
(d)
The Director of the Hudson County Department of Corrections and Rehabilitation.
(e)
The Chairperson of Public Safety Committee of the Hudson County Board of County Commissioners.
(f)
The President of the Hudson County Community College.
(g)
The President of the Hudson County Police Chiefs Association.
(h)
The President of the Hudson County Fire Chiefs Association.
(i)
The Director of the Department of Health and Human Services.
(2)
The Hudson County Prosecutor, the Hudson County Sheriff and the Chief of Staff shall have the right to designate a person to act in their stead, provided that the person designated is a member of their respective offices.
(3)
The School Director and the County Administrator, or his/her designee, shall serve as ex officio, nonvoting members of the Center Board and each of them, or their respective designee, shall attend the meetings of the Center Board. The County Administrator, or his/her designee, shall serve as a Chairperson of the Center Board.
(4)
The members of the Advisory Board shall serve without compensation, other than the compensation those members who are County employees receive as County employees.
C.
Functions of the Advisory Board. The Advisory Board shall function as an advisory group to the Executive Branch of County government and in doing so shall:
(1)
Recommend changes to the curriculum and the course of study at the Center.
(2)
Recommend capital improvements to the Center facilities.
(3)
Recommend expansion of the training operations of the Center.
(4)
Provide evaluations of the current training programs.
(5)
Recommend continuing education training programs.
(6)
Provide comments to the annual budget request submitted by the Center Director.
(7)
Provide comments to any capital budget requests submitted by the Center Director.
(8)
Assist the Center Director in the development of a strategic plan for the Center.
(9)
Provide comment and guidance to the Center Director relative to the daily operations of the Center.
D.
Meetings of the Advisory Board.
(1)
The Advisory Board shall meet on an as-needed basis, but at least twice a year. The members of the Advisory Board shall be able to participate telephonically and there shall be no minimum number of attendees required to be present in order for a meeting to occur.
(2)
The date and time of all meetings shall be set by the Center Director upon 10 days' written notice to all Advisory Board members. The meetings shall not be classified as public meetings, as defined by the New Jersey Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.).