[HISTORY: Adopted by the Board of Chosen Freeholders of Mercer
County as Ch. 2.01 of the 2003 Mercer County Code. Amendments noted
where applicable.]
[Pursuant to P.L. 2020, c. 67, effective 1-1-2021, the Code
of Mercer County has been amended to delete the term “Board
of Chosen Freeholders” and replace it with the term “Board
of County Commissioners.” In addition, the terms “Freeholder”
and “Chosen Freeholder” have been deleted and replaced
by the term “County Commissioner.”]
The legislative power of the County shall be vested in the Board
of County Commissioners. Such legislative power shall be exercised
by ordinance, except for the exercise of the following powers, which
are required to be, or are permitted to be, exercised by resolution:
A.
The establishment of a municipal advisory council pursuant to Section
29 of P.L. 1972, c. 154 (N.J.S.A. 40:41A-29);
B.
The conduct of an inquiry or investigation pursuant to Section 86
of such act (N.J.S.A. 40:41A-86);
C.
The expression of disapproval of the suspension or dismissal of officers
or employees pursuant to Section 87 of such act (N.J.S.A.40:41A-87);
D.
The exercise of the power of advice and consent to actions of the
executive pursuant to Section 41a. of such act (N.J.S.A. 40:41A-41a.);
E.
The override of a veto of the County executive pursuant to Section
41f. of such act (N.J.S.A. 40:41A-41f.);
F.
The adoption of rules for the Board pursuant to Section 100 of such
act (N.J.S.A. 40:41A-100);
G.
The establishment of times and places for board meetings pursuant
to Section 99 of such act (N.J.S.A. 40:41A-99);
H.
The establishment of the Board as a committee of the whole and the
delegation of any number of its members as an ad hoc committee, both
pursuant to Section 86 of such act (N.J.S.A. 40:41A-86);
I.
The declaration of emergencies pursuant to Section 101c. of such
act (N.J.S.A. 40:41A-101c.);
J.
The identification of emergency situations pursuant to Section 128
of such act (N.J.S.A. 40:41A-128);
K.
Application for a County department of civil service pursuant to
Section 130 of such act (N.J.S.A.40:41A-130);
L.
Designation of qualified newspapers pursuant to Section 142 of such
act (N.J.S.A. 40:41A-142);
M.
The appointment and removal of such officers and employees as the
Board is permitted by law;
N.
Approval of contracts presented by the County Executive;
O.
Actions specified as resolutions in the Local Budget Law (N.J.S.A.
40A:4-1 et seq.);
P.
Consent to municipal ordinances or resolutions regulating traffic
or parking on County roads pursuant to Section 1 of P.L. 1957, c.
69 (N.J.S.A. 39:4-197.2), except that the resolution of consent shall
be subject to the approval or veto of the County executive, as provided
for in the case of ordinances by Subsection g. of Section 37 of P.L.1972,
c. 154 (N.J.S.A. 40:41A-37g.), and to the requirements set forth therein
for overriding a veto; and
Q.
The expression of such board policies or opinions as require no formal
action by the governing body.
R.
Conduct such investigations as are germane to the exercise of its
legislative and budgetary powers under this Code and as otherwise
authorized by law as in the provisions of N.J.S.A. 40:41A-86. The
Board may, by majority vote of the Board, require the County Executive
to appear without subpoena before the Board sitting as a Committee
of the Whole, and to bring before the Board such records and reports,
and such officials and employees of the County without the requirement
of subpoena, as the Board shall deem necessary to insure clarification
of the matter under study.
S.
Designate which of the Board's staff shall be responsible for processing
funding requests by the Board and its staff for submission and prompt
payment by the Executive.
T.
Retain and employ such professional and clerical staff, and interns
as may be necessary to assist the Board in the proper performance
of the responsibilities imposed on them by law.
The Board of County Commissioners:
A.
Shall advise and consent to all appointment by the executive for
which board confirmation is specified under this article;
B.
Shall pass in accordance with this act whatever ordinances and resolutions
it deems necessary and proper for the good governance of the County;
C.
Shall appoint a clerk to the Board who shall keep the records and
minutes of the Board, and who shall serve at the pleasure of the Board
or for such term, not to exceed three years, as may be provided by
the administrative code; provided, however, that an ordinance providing
for the adoption of any such term shall not be enacted between October
1 of any year and January 1 of the succeeding year;
D.
May appoint counsel to the Board, if such position is created by
the administrative code, to serve at the pleasure of the Board;
F.
May override a veto of the County Executive by a 2/3 vote of its
full membership;
G.
Shall approve the annual operating and capital budgets pursuant to
the Local Budget Law.
[Amended by Ord. No. 76-5; Ord. No. 79-27]
A vacancy in the office of Commissioners shall be filled in
the manner provided by N.J.S.A. 40:41A-145.1 through 40:41A-145.3
[Amended by Ord. No. 76-5]
The Board shall meet during the first week of January in each
year to elect its Chair and Vice-Chair by a majority of the whole
Board and to conduct such other business as may come before it. Newly
elected members may take the oath of office on or before the date
of organization, but shall not take their seats or assume the duties
of office prior thereto, except as provided in the next section.
[Amended by Ord. No. 76-5]
Members-elect of the Board shall be notified of all meetings
of the Board to be held between election day and organization day,
the same as incumbent members. They shall be entitled to attend all
such meetings, and to participate in all informal conferences without
vote.
[Amended by Ord. No. 76-5; Ord. No. 77-50]
The Chair and Vice-Chair shall serve for one year and until
the election and qualification of their successors. The Chair shall
preside over all meetings of the Board, may appoint Board committees
and standing committees, and by his/her signature thereto shall authenticate
all ordinances passed by the Board in his presence. In absence of
the Chair, the Vice-Chair shall act in his/her stead. In absence of
both, the Board shall elect from among its members a chairperson pro
tempore for the meeting to serve only as long as either is absent.
[Amended by Ord. No. 76-5; Ord. No. 77-50; Ord. No. 79-27; Ord. No. 92-9]
A.
The Board shall, by resolution every year at its annual reorganizational
meeting, fix the dates, times and location of its regular meetings
for the year which shall be at least monthly pursuant to N.J.S.A.
40:41A-99.
B.
Agenda meetings. Agenda meetings shall be held in preparation for
regular meetings at a time and place as established by resolution
by the Board of County Commissioners.
C.
Special meetings. The Chair may call special meetings or informal
conferences of the Board. The Board may also order such meetings or
conferences by motion at any regular meeting. The call shall designate
the purposes for meeting and no other business shall be considered.
The call shall be filed with the Clerk during regular business hours
at least 48 hours before the time for which meeting is called. The
Clerk shall forthwith notify each member and member elect. The Clerk
shall also make copies of the call available to the press and post
at least one copy in a prominent place near the entrance to the meeting
place.
D.
Emergency meetings. The Chair or the County Executive may call an
emergency meeting when such emergency affects the public health, safety
or welfare which requires an immediate decision.
[Amended by Ord. No. 76-5]
All meetings of the Board, including agenda meetings and informal
conferences held at such times and places as the Board may fix, shall
be open to the public in accordance with the Open Public Meetings
Act (N.J.S.A. 10:4-6 et seq.). Exceptions, if any, shall be as authorized
therein.
[Amended by Ord. No. 76-5; Ord. No. 77-50; Ord. No. 79-27]
In addition to such rules as may be set forth in bylaws adopted
by resolution of the Board pursuant to Section 100 of the Charter,[1] the following rules of procedure shall apply:
A.
Presiding officers. The Chair, and in his/her absence, the Vice-Chair,
shall take the Chair at the time appointed for the meeting and shall
call the Board to order. In absence of the Chair and Vice-Chair, 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 chairperson
pro tem who shall take the chair as soon as elected. When the Chair
or Vice-Chair arrives, the chairperson pro tem shall relinquish the
chair.
B.
Quorum. Four 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 or 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, invocation or prayer.
(c)
Open Public Meetings Act announcement.
(d)
Approval of the minutes of 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)
Approval of contracts and other documents for signature of the
County Executive or Administrator;
(g)
Resolutions;
(i)
Citizen comment;
(j)
Adjournment.
(2)
Citizens may be heard on any matter requiring a vote before
the vote is taken.
E.
Rules of order. The conduct of Board meetings shall be governed by
Robert's Rules of Order Newly Revised, except as otherwise provided
by the Charter or this Code.
F.
Rights of presiding officers. The presiding officer may move, second
and debate from the chair and shall not be deprived of any of the
rights or privileges of Board members by reason of presiding.
G.
Voting. The vote on every motion, resolution or ordinance shall be
taken by roll call in alphabetical order, except that the presiding
officer shall be polled last. The vote of each member shall be entered
on the minutes. During roll call, no member shall discuss or explain
his/her vote.
H.
Minutes. The Clerk of the Board shall keep minutes of all regular
and special meetings. The minutes shall record the time and place
of meeting, the members attending and every action of the Board whether
by motion, resolution or ordinance, with the names of the mover and
seconder. They may include other pertinent matter, as suggested by
the order of business. Copies shall be provided to each Commissioner
and Commissioner-Elect, to the County Executive and to the County
Counsel, as promptly as possible. Minutes shall be kept permanently
as public records.
[1]
Editor's Note: See N.J.S.A. 40:41A-100.
[Amended by Ord. No. 76-5; Ord. No. 77-38; Ord. No. 79-27]
In order to fulfill its legislative functions, the Board shall
establish and maintain the following legislative committees in order
to examine 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 may be given same.
A.
The following committees are established and given the following
areas of jurisdiction:
(1)
Budget and Fiscal Affairs. To review all aspects of operating
and capital budget, execution of Board budget policies and matters
relating to the financial health of the County;
(2)
Economic Growth. To review all matters relating to the infrastructure
of Mercer County and the County's role in economic development, transportation,
environmental protection, and public and private capital investment
in the economy;
(3)
Intergovernmental Relations. To review all aspects of regional
and intergovernmental services and contracts and to work with Mayors'
Advisory Council in improving the County's relationship with municipal
governments as well as to deal with federal and state governments
in matters of legislative importance;
(4)
Health and Human Services. To review all matters in the area
of legislative policy in health, education, welfare and other human
concerns;
(5)
Planning. To review all aspects of policy in terms of services,
facilities and environment in Mercer County;
(6)
Organization, Rules and Procedures. To function as a continuing
subcommittee to review the administrative code in order to achieve
maximum effectiveness thereof, and further, to examine legislation
relating to administrative and personnel policy and particularly interagency
and intergovernmental aspects thereof in such areas as affirmative
action, labor relations, contract negotiation and grant compliance,
as well as to review and revise the rules and bylaws of the Board.
B.
Membership. The committee shall consist of three members, one of
whom shall be the Chair of the Board. The Chair shall designate one
member to be chairperson. The committee shall be furnished, within
their legal authority and within budgetary appropriation, with such
staff as the Board deems necessary. Nothing in this section shall
preclude any member of the Board of County Commissioners from participating
on any committee as a voting member. Any two members of each committee
shall constitute a quorum for the conduct of the committee's business.
C.
Vacancies. Any vacancy shall be fixed in the manner of the original
appointment.
D.
Function.
(1)
The committees shall receive from the Board such legislative
matters as the Board refers for their review. The committees shall
report such matters back to the Board with comments and recommendations.
The Board may accept or reject the reports.
(2)
The committees shall have the power to call before them any
person/persons they deem helpful in the performance of their functions
as committees. This power shall be subject to N.J.S.A. 40:41A-86.
Nothing in this section shall be deemed to reduce the powers, responsibilities
or functions of the Board of County Commissioners as described in
this Code.
E.
Records. Each committee shall appoint a person to act as secretary
of that committee. The secretary of each committee shall be responsible
for the recording and retaining of minutes and proceedings of the
committee. The secretary shall furnish each member of the Board of
County Commissioners, the County Executive and the Clerk to the Board
with a copy of all minutes. The secretary shall in scheduling meetings
meet the requirements of the Open Public Meetings Law, Chapter 231,
P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
F.
Special committees. The Board may provide by resolution for special
committees for legislative or investigative purposes, to be appointed
by the Chair.
[Amended by Ord. No. 76-5; Ord. No. 77-50; Ord. No. 79-27]
Pursuant to New Jersey Statutes, there shall be a Clerk to the
Board, who shall:
A.
Have and exercise all the powers and duties now or hereafter conferred
or imposed upon him/her by the Charter or other applicable laws or
acts of the legislature not inconsistent with the Charter and also
such duties as may be from time to time assigned to him/her by the
Board;
B.
Prepare agendas for all Board meetings and forward copies of all
pertinent materials in advance of each agenda to each Commissioner,
Commissioner-Elect, County Executive, County Counsel and Counsel to
the Board;
C.
In serving as recording secretary to the Board, attend all meetings
of the Board, preserve the minutes of the Board, ordinances and resolutions
of a permanent character, in the book so designated as permanent County
records;
D.
Attest to all ordinances as being duly adopted, and when so signed,
such engrossed copy shall be deemed to be a public record;
E.
Have custody of and shall safely keep all original copies of the
records, books and documents of the County, except such as shall be
transferred to any other office by resolution of the Board;
F.
Retain all insurance policies upon or with respect to risks insured
for the benefit of the County, or to protect it against any claim,
demand or liability whatsoever, all formal contracts for work, labor,
services, supplies, equipment and materials to which the County may
be a party; all leases of property owned by the County;
G.
Secure the signature of the County Executive on all contracts and
documents so authorized by resolution of the Board and attest to same;
H.
Be the depository and custodian of all official surety bonds furnished
by or on account of any County office or officer or employee;
I.
Cause the corporate seal of the County to be affixed to any instruments,
documents or bonds or notes, when authorized to do so by ordinance
or resolution of the Board or when necessary to exemplify any document
on record in his/her office, or to certify any act or paper which
from the records shall appear to have been a public act of the County
or a public document;
J.
Serve as administrative liaison between the Board and the Administration;
K.
Assist the Counsel to the Board in the review and coordination of
the legislative and investigative acts of the Board;
L.
Assist the Board in their official correspondence
M.
Acting for the Board of County Commissioners, receive a copy of all
civil service forms as soon as they have been executed, and shall
receive an updated record of other personnel actions immediately upon
their execution;
N.
Upon request and upon payment of fees prescribed therefor by resolution
of the Board, furnish a copy of such paper in his/her custody, under
the seal of the County;
O.
Be charged with the duty of causing such publication of any legal
notice resulting from action of the Board.
There shall be 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. As required by the Board, he/she shall prepare resolutions
and ordinances for the Board, review negotiated contracts prior to
Board approval, represent the Board in any litigation or dispute with
the Executive Branch, represent the Board in any appeals from the
Planning Board, and act, if so designated by the Chair, as parliamentarian
at Board meetings.
[Amended by Ord. No. 76-5; Ord. No. 79-27]
A.
Any member of the Board may introduce a resolution in writing at
any meeting, if it is on the agenda or is allowed by a 2/3 vote of
the Board, in the proper order of business. When possible, it shall
be duplicated and distributed to members of the Board before the meeting.
The resolution shall be read by title only, unless requested to be
read in full by any member of the Board, by the Clerk when introduced
and may be adopted immediately; provided that a resolution to adopt
or amend a budget shall be subject to the procedures specified in
the Local Budget Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:4-1 et seq.
B.
Resolutions proposed by the Executive Branch shall be drafted and
approved as to form and legality by the County Counsel. Resolutions
proposed by the Commissioners shall be drafted and approved as to
form and legality by the Counsel to the Board.
C.
The Board may act by resolution in the following areas:
(1)
The conduct of an investigation pursuant to N.J.S.A. 40:41A-86;
(2)
Passage of a resolution of disapproval pursuant to N.J.S.A.
40:41A-87a;
(3)
Adoption of rules of procedure;
(4)
Establishing the time, date and place of meetings;
(5)
Establishing committees, as provided pursuant to § 2.01.100 of this chapter and as authorized by law
(6)
Declaration of emergencies pursuant to § 2.01.070 of this chapter or emergencies as otherwise authorized by law;
(7)
Application for a County Department of Civil Service;
(8)
Appointment and removal of officers as the Board may appoint
or remove;
(9)
Designation of official newspapers pursuant to the Charter;
(10)
Approval of contracts and state and federal documents requiring
Board approval by resolution;
(11)
Actions specified as resolutions, such as passage of the annual
budget, under the Local Budget Law (N.J.S.A. 40A:4-1 et seq.);
(12)
The expression of such Board policies or opinions as require
no formal Board action;
(13)
Establishment of a municipal advisory council pursuant to N.J.S.A.
40:41A-29;
(14)
Exercise the power of advice and consent to actions of the Executive
as specified by law or this Code.
[Amended by Ord. No. 76-5; Ord. No. 77-50; Ord. No. 79-27]
A.
Ordinances shall set forth the statutory authority for proceeding
by ordinance and the statutory or other authority for the proposed
action by the Board. An ordinance shall indicate on its face whether
it is being proposed by the Executive or the Legislative Branch. Ordinances
proposed by the Executive Branch shall be drafted and approved as
to form and legality by the County Counsel. Ordinances proposed by
the Commissioners shall be drafted and approved as to form and legality
by the Counsel to the Board. Prior to introduction, each proposed
ordinance requiring or permitting administrative action shall be submitted
to the office of the County Executive, which shall submit to the Board
an opinion as to the administrative implications of the proposed ordinance.
Each ordinance shall have attached thereto a fiscal note signed by
the office of the County Executive estimating the cost implications
or other impact on the municipalities of the County. Each ordinance
shall be prepared in writing, duplicated and distributed to the members
of the Board at least 48 hours before the conference meeting at which
it may be considered.
B.
An ordinance may be introduced by any member of the Board. After
passage on first reading, which may be by title, it shall be published
in the manner provided by the Charter. A copy of the proposed ordinance
shall also be sent by regular mail to the clerk of each municipality
in the County not less than one week prior to the date of hearing
on second reading. Prior to the second reading, a copy of the ordinance
shall be posted on the bulletin board or other place upon which publication
notices are customarily posted in the building in which the Board
regularly meets, and copies of the ordinance shall be made available
to the general public upon request.
C.
A public hearing shall be held on the proposed ordinance in the manner
provided by the Charter, at which time all persons interested shall
be given an opportunity to be heard concerning the ordinance. Upon
the opening of the hearing, the ordinance shall be given a second
reading, which reading may be by title and thereafter, it may be passed
by a majority of the whole number of the Board, with or without amendments,
or rejected. If any amendment be adopted altering the substance of
the proposed ordinance, the ordinance as so amended may only be finally
adopted pursuant to N.J.S.A. 40:41A-101b(3).
D.
Upon passage, every ordinance, or its title, together with a notice
of the date of passage or approval, or both, shall be published in
the manner provided by the Charter; and one certified copy of the
full text of every ordinance so adopted shall be filed with the clerk
of each municipality within the County not later than 10 days after
the date of final passage.
E.
Upon passage of each ordinance, the Clerk of the Board shall promptly
deliver a certified copy thereof to the County Executive. If he/she
approves, he/she shall sign and return it to the Clerk. If he/she
disapproves, he/she shall return it to the Clerk within 10 days after
its passage, together with a statement of the reasons for disapproval.
If he/she does not sign the ordinance within 10 days from the date
of its passage and does not return it with a veto message within such
period, the ordinance shall take effect according to its terms, notwithstanding
the failure of the Executive to act.
[Amended by Ord. No. 76-5; Ord. No. 77-50; Ord. No. 79-27]
The Board shall reconsider any ordinance returned by the County
Executive with a veto message pursuant to the Charter. Such reconsideration
of the ordinance shall be at the next meeting of the Board which occurs
not less than three nor more than 30 days following the return of
the ordinance by the County Executive. If, upon such reconsideration,
2/3 of the members of the Board vote to override the veto, the ordinance
shall take effect 10 days thereafter. Whenever an ordinance has been
reconsidered by the Board following a veto by the County Executive,
the Clerk shall append to such ordinance a certification of the action
of the Board upon such reconsideration in substantially the following
form:
|
I HEREBY CERTIFY that the above ordinance adopted by the Board
on the _____ day of _____, 20_____, was delivered to the County Executive
on the _____ day of __________, 20_____, and was returned to me on
the _____ day of __________, 20_____, together with the County Executive's
statement of the reasons for which he constrained to withhold his
approval of such ordinance, item or part thereof. On reconsideration
thereof on the _____ day of __________, 20_____, (the Board duly resolved
by the affirmative vote of 2/3 of its members to enact such ordinance
notwithstanding the County Executive's veto) or (the County Executive's
veto was sustained).
| |
|
Dated:
|
Clerk
|
[Amended by Ord. No. 76-5; Ord. No. 77-50; Ord. No. 79-27]
Whenever an ordinance shall take effect without the County Executive's
signature by reason of his/her failure to return it after its passage,
the Clerk shall append to such ordinance a certification in substantially
the following form:
|
I HEREBY CERTIFY that the above ordinance was adopted by the
Board on the _____ day of __________, 20_____, and was presented to
the County Executive duly certified on the _____ day of __________,
20_____, and upon his failure to sign it or to return it with the
Clerk within 10 days of its passage, the said ordinance took effect
in like manner as if the County Executive had signed it on the tenth
day after it passed.
| |
|
Dated:
|
Clerk
|
[Amended by Ord. No. 76-5; Ord. No. 77-50; Ord. No. 79-27]
No ordinance shall take effect less than 20 days after its final
passage by the Board and approval by the County Executive unless the
Board shall adopt a resolution declaring an emergency and at least
2/3 of all members of the Board vote in favor of such resolution.
[Amended by Ord. No. 82-6]
The Clerk of the Board of County Commissioners shall record
all ordinances and resolutions adopted by the Board, and at the close
of each year, with the advice and assistance of the County Counsel
shall bind, compile or codify true copies of all ordinances and resolutions
adopted during that year, properly indexed. He/she shall cause such
copies thereof to be printed and made available upon request to each
municipality within the County at no charge and to any member of the
general public, at cost.
A.
The County Executive may put before the Board his/her written nominations
for appointments and/or reappointments requiring Board advice and
consent with the qualifications of each nominee. The nominations shall
be submitted at least five days before a public meeting. Such nomination
shall be voted upon no later than the second regular meeting following
receipt of the nominations or within 30 days following submission
of the nomination, whichever is later. When multiple appointments
to any body are to be confirmed, each nominee shall be considered
and voted upon individually except where the Board, by majority vote,
chooses to entertain a group resolution to any body.
B.
The County Executive shall have 60 days from the date of the expiration
of a term to submit a potential candidate for the succeeding term.
The Board shall review and vote on the proposed candidate within two
meeting cycles. If the Board fails to act within this time frame,
the nominee for office will be appointed or reappointed and his/her
term will commence as of the date of the second meeting cycle, unless
a different commencement date is specified by law.
