Questions about eCode360? Municipal users Join us Monday through Wednesday between 12pm and 1pm EDT to get answers and other tips!
Atlantic County, NJ
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Amended 5-27-1980; 2-15-1992 by Ord. No. 12-1992]
There shall be a Department of Law, the head of which shall be the County Counsel, who shall be appointed by the County Executive with the advice and consent of the Board of Chosen Freeholders, who shall be a member of the unclassified service and who shall serve as chief legal officer of the County. In addition thereto, there shall be a Legislative Counsel to the Board of Chosen Freeholders, appointed by it, to serve at the pleasure of the Board.
[1]
Editor's Note: Former § 4-43.1, Division of Consumer Affairs, added 8-21-1984 by Ord. No. 21A-1984, was repealed 1-17-2012 by Ord. No. 1-2012. This ordinance also provided that the County shall continue to conduct the statutory operation of weights and measures under the Office of Weights and Measures, which shall be a separate office located within the Atlantic County Department of Law, the personnel of which shall report to the County Counsel and/or his/her designee.
A. 
Provision of legal services.
[Amended 12-29-1981 by Ord. No. 24-1981; 2-15-1992 by Ord. No. 12-1992]
(1) 
The County Counsel and his or her assistant or assistants shall provide necessary legal services to the County, its officers, boards, commissions, constitutional officers or other bodies, excluding those authorities or boards otherwise designated by this chapter as autonomous and excluding those functions and duties expressly designated to the Legislative Counsel.
[Amended 8-6-1996 by Ord. No. 12-1996]
(2) 
In the event that the County Counsel cannot represent a constitutional officer, that officer may seek representation from the Attorney General of the State of New Jersey; and if the Attorney General's Office refuses to provide representation, the constitutional officer may, within available appropriations, designate special counsel to provide representation, subject to prior Board of Freeholders approval where the retention of special counsel requires execution of a professional services agreement.
(3) 
In the event that the County Counsel cannot represent the County Executive in a specific legal matter, the County Executive may either retain separate counsel pursuant to a duly authorized professional services agreement or may appoint a Counsel to the Executive to represent him or her in said matter. Executive Counsel shall serve at the pleasure of the County Executive, and N.J.S.A. 40:41A-87 shall not apply to Executive Counsel.
(4) 
In the event that a specific legal matter has the County of Atlantic and/or multiple individual County employees as parties and the County Counsel, under applicable law and court rules regarding conflicts cannot provide representation for all parties, the County Counsel shall designate a New Jersey licensed attorney(s) outside of the Law Department to represent any parties the County Counsel is unable to represent.
(5) 
In the event that an individual County employee is named as a defendant in a criminal proceeding in Municipal Court, representation for said employee shall be in accordance with the Special Counsel Policy.
B. 
The County Counsel shall represent the County of Atlantic in all judicial and administrative hearings, except those directly involving a conflict between the executive branch and the legislative branch of the County government. He or she shall prepare all resolutions and ordinances requested by the County Executive or the County Administrator and, together with the Legislative Counsel, shall review all contracts. He or she shall render legal opinions upon request for and to all departments and divisions and render such legal opinions to the Board of Freeholders as shall be requested by it.
[Amended 12-29-1981 by Ord. No. 24-1981; 4-11-1989 by Ord. No. 8-1989]
C. 
The County Counsel shall maintain records of all actions, suits and proceedings of a legal nature and shall report thereon, from time to time, and as requested by the Board and/or the County Executive.
D. 
The County Counsel may designate to his or her assistants such responsibilities and duties as he or she deems appropriate, including the designation of an Assistant County Counsel to perform as County Adjuster. In the event of a vacancy in the office of County Counsel, an Assistant County Counsel shall be designated by the County Executive to act until the appointment and qualification of a County Counsel.
[Amended 12-29-1981 by Ord. No. 24-1981]
E. 
The Law Department shall handle the investigation, administration and litigation of all workers compensation and general liability claims.
[Added 10-12-1992 by Ord. No. 14-1982; 2-15-1992 by Ord. No. 12-1992]
[Added 9-5-2000 by Ord. No. 9-2000]
A. 
There shall be an Office of Risk, Insurance, Safety and Claims (RISC), the Manager of which shall be a member of the unclassified service and shall be qualified by training, education and experience for the duties of the office.
B. 
The Office shall:
(1) 
Establish a program of risk management, including loss prevention, risk avoidance and other proactive programs to ensure safety in the workplace, in County facilities, County installations and on County highways.
(2) 
Be responsible for the insurance needs of the County, including general, property, automobile, professional services and other. The Office shall, from time to time, issue appropriate requests for proposals to determine the availability of risk shifting alternatives within the marketplace and evaluate the financial costs and benefits of same. The Office shall monitor all contractual relationships, ensuring that the County receives adequate protection by requiring and receiving appropriate bid bonds, performance bonds and other guarantees.
(3) 
Develop, implement and manage a comprehensive, Countywide safety program providing appropriate training and assistance in ensuring work place safety for County employees and premises safety for visitors and clientele.
(4) 
Manage any and all claims which are presented to the County, including worker's compensation, property damage and personal injury claims.
[1]
Editor's Note: Former § 4-45, Functions and duties of Legislative Counsel, was repealed 8-6-1996 by Ord. No. 12-1996.
[Added 2-15-1992 by Ord. No. 12-1992[1]]
A. 
There shall be an Office of Equal Employment Opportunity, the head of which may be a member of either the classified or unclassified service and who shall be qualified by training, education and experience for the duties of the office and the office will reside in the Department of Administrative Services.
[Amended 12-9-2014 by Ord. No. 22-2014]
B. 
The Office shall:
(1) 
Exercise the duties and responsibilities established by the Atlantic County Affirmative Action Ordinance.
(2) 
Participate in the review of employee and/or union grievances involving claims of discrimination or harassment.[2]
[2]
Editor’s Note: Former Subsection C, which immediately followed, listing activities/duties that have since been shifted to the Division of Facilities, Planning and Engineering and Public Works, was repealed 12-9-2014 by Ord. No. 22-2014.
(3) 
Make recommendations regarding the provision of equal employment opportunities for ethnic minorities, women, handicapped persons, veterans, older workers and County residents.
C. 
The appointed Affirmative Action Officer shall:
[Added 8-28-2018 by Ord. No. 12-2018]
(1) 
Prepare and submit an affirmative action plan which includes guidelines for upward mobility and personnel data identifying underutilization of minorities and females, with specific remedial goals and timetables identified; revise and review the affirmative action plan annually; and present a written report evaluating the progress made and implementation of the plan to the Executive and, through him or her, to the Board of Chosen Freeholders annually.
(2) 
Review and regularly update statistics relative to minority and female population, labor force and employment with county government.
(3) 
Review recruitment procedures and personnel records procedures to identify barriers to equal employment.
(4) 
Work with the Division of Personnel to effectively ensure the appropriateness of recruitment, screening and selection of employees.
D. 
Review of Atlantic County's Affirmative Action Plan will occur annually with the Affirmative Action Committee. Review will include the following information:
[Added 8-28-2018 by Ord. No. 12-2018]
(1) 
Gathering of statistical data identifying female and minority representation in the County population and the County work force.
(2) 
Gathering of statistical data identifying female and minority representation in applicants for County employment, categorized by job posting.
(3) 
Gathering of statistical data identifying current minority and female representation in the County government work force for various organization levels (skilled/unskilled, management/staff, etc.).
E. 
Grievance procedure.
[Added 8-28-2018 by Ord. No. 12-2018]
(1) 
The grievance procedure shall be the same as that process identified in negotiated agreements with the employee bargaining agent, with the exception that for any grievance in which the charge of discrimination or unfair treatment in areas of equal employment opportunity is leveled, there shall be in the third formal step of the grievance process the inclusion of the Affirmative Action Officer, in addition to the Personnel Director, as joint hearing/disposition officers.
(2) 
Should the matter not be resolved to the employee's satisfaction, the employee may file a formal discrimination complaint or, through the bargaining agent, bring the matter to arbitration.
(3) 
All affirmative action grievance proceedings shall be confidential. Individuals outside of county employ can petition the Affirmative Action Officer to review the employment practices of all public and private bodies addressed in this chapter. Should the Affirmative Action Officer find sufficient grounds for further inquiry, an investigation will be conducted with findings and disposition forwarded to the County Executive.
[1]
Editor's Note: This ordinance also repealed former § 4-46, Functions and duties of Counsel to the Executive, added 12-29-1981 by Ord. No. 24-1981. See now § 4-44A.
[Added 2-15-1992 by Ord. No. 12-1992]
A. 
There shall be an Office of the County Adjuster, the head of which shall be a member of the classified service and who shall be qualified by training, experience or education for the duties of the office.
B. 
The office shall:
(1) 
Receive notification of admissions to state mental and DDD facilities and schedule commitment hearings for persons admitted to mental hospitals.
(2) 
Conduct comprehensive investigation on all admissions to determine the financial ability of a patient or legally responsible relative to pay, identify and pursue any available third-party payments and determine if the County is chargeable.
(3) 
Audit state institutional billing to the County, make appropriate deductions and process payment.
(4) 
Monitor/track rebates and credits due to the County from the state to ensure the accuracy and receipt thereof.
Nothing herein contained shall restrict or limit the proper responsibilities, powers and duties of the office of County Counsel as established by law and by this chapter.
[1]
Editor's Note: Section 8.5 of the original ordinance, on Special Counsel, which formerly preceded this section, was repealed 5-27-1980.