[HISTORY: Adopted by the Board of Chosen Freeholders of Mercer
County as Ch. 2.12 of the 2003 Mercer County Code (Ord. No. 79-27). 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.”]
It is the intent of this chapter to delineate the respective
powers and duties of the Executive and the Board in a manner that
will facilitate the efficient operation of Mercer County while maintaining
the classic and necessary system of checks and balances between the
Executive and Legislative Branches.
The term "governing body" of the County shall be construed to
include both the Board of County Commissioners and the County Executive.
For the purpose of the construction of all other applicable statutes
any and all administrative or executive functions heretofore assigned
by general law to the Board of County Commissioners shall be exercised
by the County Executive, and any and all legislative functions heretofore
assigned by general law to the Board of County Commissioners shall
be exercised by the Board, all in accordance with the separation of
powers provided in Section 86 of the Charter.[1]
A.
Administration. The Board and individual members thereof shall deal
with County employees only through the County Executive or the Administrator.
All actions and communications regarding administration of the County
shall be with the County Executive and his/her designated representative.
B.
Inquiry. The Board shall have complete authority under the Charter
and this chapter to inquire into any act or problem in administration
of the County. A majority of the Board may designate one or more of
its members as a special committee to consult with the County Executive
on any matter and report to the Board thereon. Any Commissioner may
require a report on any aspect of County government at any time by
written request to the County Executive. Such reports shall be written.
C.
Executive appearances. A majority of the whole Board may require
the County Executive to appear before it sitting as a committee of
the whole and to bring such records, reports and personnel as the
Board shall request.
[1]
Editor's Note: See N.J.S.A. 40:41A-86.
It shall be the obligation of the Board and the Executive to
assist each other whenever action is required by one to facilitate
the other in performing his/her duties. To this end:
A.
The Board shall act on all nominations for appointments presented by the Executive within 30 days after the Executive has filed such nominations pursuant to § 2.01.190 of the Code of Mercer County;
B.
The Board shall observe N.J.S.A. 40:41A-86 and direct all communications
concerning administration through the Executive;
C.
All persons retained by or on behalf of the Board shall be subject
to Board appointment and removal;
D.
The Board shall initiate action on all legislative proposals of the
Executive within 90 days after receipt thereof;
E.
The Executive shall provide the Board with copies of all agency budget
requests as received in September and any amendments thereto, upon
receipt thereof. He/she shall further perform the duties set forth
in Title 4, Revenue and Finance, of the Code of Mercer County in a
timely fashion so that the Board may examine and approve the budget
in the manner intended by this chapter and by law;
F.
A copy of any proposed salary increase or change in salary range
or title for any employee or position in the Executive branch shall
be furnished to the Board at least 10 days prior to the effective
date of such proposals or 48 hours after implementation of a retroactive
salary increase or retroactive change in title or classification;
G.
The Board of County Commissioners shall have the power and authority
to establish the salaries for:
H.
The Executive shall provide the Board and its members with offices,
equipment and other facilities for their exclusive use which are appropriate
and adequate to the governing body of the County.
