This Administrative Code, together with any and all amendments thereto, shall be known and may be cited as "The Administrative Code of the County of Monmouth" or this "Code."
The purpose of this Code is to set forth the details of administration of the Monmouth County government and to establish the duties and responsibilities and powers of all County officials and agencies for efficient and effective delivery of services from the County government.
Pursuant to N.J.S.A. 40:20-1.3, the Board of Chosen Freeholders may adopt an Administrative Code organizing the administration of the County government, setting forth the duties and responsibilities and powers of all County officials and agencies, and the manner of performance needed. (N.J.S.A. 40:20-1.3)
Monmouth County, upon adoption of this Code as hereinabove provided, shall continue and remain a body corporate and politic with perpetual succession and shall exercise all of the rights, privileges, functions and powers conferred upon the County by any other applicable statute not otherwise inconsistent herewith.
As of the effective date of this Code, the County of Monmouth shall be governed by: Federal law; the Constitution of the State of New Jersey; state law and all other ordinances and resolutions duly adopted by the Board of Chosen Freeholders.
All laws, ordinances and resolutions of the Board heretofore adopted shall continue in full force and effect except to the extent that they have been repealed, amended, modified or superseded in their application to Monmouth County by the enactment and adoption of this Code.
All previous resolutions creating or specifying departmental status, organization, relationships, or operating procedures which are inconsistent with the provisions of this Administrative Code are repealed to the extent of their inconsistency. All references in such resolutions to departments, boards, and agencies shall be construed to refer to the respective agency specified by this Code.
Officers, employment and positions within the career (classified) service of the New Jersey Civil Service Commission under Title 11A of the Revised Statutes or which are held by an officer or employee protected by any other or law and their respective compensations, shall be continued. Nothing in this Code shall affect the compensation, tenure, or pension rights of any officer or employee in such classified civil service or who is otherwise protected by tenure. (Res. No. 09-60)
Wherever used in the Administrative Code, unless expressly stated or the context or subject matter requires otherwise, the following terms shall have the meanings indicated:
- Shall mean and include the County Administrator, Deputy County Administrators, and all department directors, division heads, and chairpersons of, boards, agencies, commissions and authorities. (Res. No. 09-60)
- Shall mean the County Administrator appointed by the Board of Chosen Freeholders. The County Administrator shall be referred to as "Administrator" throughout the Administrative Code. (Res. No. 09-60)
- Shall mean any agency authorized by this Code or applicable law, including but not limited to those authorized by County law to receive and expend County funds for a County purpose.
- Shall mean the Board of Chosen Freeholders, the elective body of Monmouth County. The Board of Chosen Freeholders shall be referred to as "Board" throughout the Administrative Code. (Res. No. 09-60)
- Shall mean the Administrative Code of the County of Monmouth and all amendments and supplements thereto.
- Shall mean the County of Monmouth, State of New Jersey.
- Shall mean an organization unit or group of organized units of the County government, established or designated as a department by this Code.
- DEPARTMENT HEAD
- Shall mean the administrative head of a department, regardless of title.
- Shall mean a suborganization unit or group of organization units of a department of the County government, established or designated as a division by this Code.
- DIVISION HEAD
- Shall be the principal officer of the division.
- FULL TIME
- Shall mean regular County business hours for all County employees, as provided for in all applicable collective bargaining agreements or by County management policy.
- Shall mean enactment by the Board of ordinances and resolutions. (Res. No. 09-60)
- Shall mean any act of the Board heretofore or hereafter adopted, so long as it shall have been adopted by the procedure required for the adoption of an ordinance and so long as it shall remain in force and effect pursuant to law. (Res. No. 09-60)
- PART TIME
- Shall mean the time which an employee shall work that is less than full time.
- Shall mean any individual, natural person, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
- Shall mean a majority of the whole number of the membership of the Board, County commissions, boards and authorities, body or other group of persons or officers charged with any County public power, authority or duty.
- Shall mean an act of local legislation heretofore or hereafter adopted, so long as it shall be adopted by the procedure required for the adoption of a resolution and so long as it shall remain in-force and effect pursuant to law. It shall also mean a declaratory statement of opinion and/or policy of the Board in regard to any matter affecting the County, including but not limited to the following: advice and consent on executive appointments, appointment of such personnel that the Board has power to name, establishment of rules of procedure for the Board, ratification of contracts and adoption of the annual budget.
- Shall mean seven (7) days.
- WHOLE NUMBER
- Shall mean the total number which the board, commission or body or other group of persons or officers would have where there are no vacancies and where none of the persons or officers are absent or disqualified from acting.
- Shall mean a calendar year unless otherwise specifically provided.
For the purpose of this Code and any other resolutions heretofore or hereafter adopted, except as the context may otherwise require:
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the singular.
"Shall" is mandatory and may is permissive.
The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be a Sunday or a legal holiday, that day shall be excluded unless otherwise provided by law.
"Writing" and "written" includes printing, typewriting and any other modes of communication using paper or similar material which is in general use, as well as legible handwriting and computer generated e-mails and documents. (Res. No. 09-60)
"And" may be construed as meaning or, and or as and, if the sense requires and indicates such meaning.
Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
Any citation of a statute, law, ordinance or resolution contained in this Code shall be deemed to refer to such statute, law, ordinance or resolution as amended, whether or not such designation is included in the citation.
"Chapter" shall mean one of the major divisions of this Code, identified by Arabic numbers, and divided by subject matter.
"Section" shall mean a major subdivision of a chapter.
"Subsection" shall mean a subdivision of a section, identified by a decimal number following the section number.
"Paragraph" shall mean a subdivision under a subsection, identified by an alphabetical letter and/or number.
The grant of powers under this Code is intended to be as broad as is consistent with the Constitution of New Jersey and with general law relating to County government.
The following seal is hereby adopted as the "Official Seal of Monmouth County" and shall be used for all official and authorized County purposes.