County of Monmouth, NJ
 
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Table of Contents
Table of Contents
The property, finances and affairs of the County shall be managed, controlled and governed by the Board elected therein, known as "the Board of Chosen Freeholders of the County of Monmouth." The executive and legislative powers of the County shall be vested in that Board, except where by law any specific powers or duties are imposed or vested in a Constitutional Officer. (N.J.S.A. 40:20-1)
The Board in the County of Monmouth shall consist of five (5) members.
The Board members shall be elected at-large by the voters of Monmouth County at the general election and shall hold office for three (3) years from the annual stated meeting of the Board next succeeding their election and until their successors are elected and qualified. (N.J.S.A. 40:20-23)
Any elective County officer desirous of resigning shall send his resignation, in writing, to the Governor. All such resignations shall be filed in the office of the Secretary of State. No resignation made in any other way or pretended to be made, shall be valid. (N.J.S.A. 40A:9-24)
The Board constituted and elected shall organize at the annual meeting of the Board next succeeding the election of the members, and at the annual stated meeting in each year thereafter. (N.J.S.A. 40:20-23)
At the annual reorganization meeting of the Board, the members of the Board shall by resolution designate to each Freeholder the areas of responsibility for the year. (Res. No. 09-60)
The Board shall, at each annual meeting, elect one of its members to preside at its meetings. He shall be called the Director of the Board and in case of his absence or temporary disability the Board shall select another of its members as Deputy Director to preside at any meeting. (N.J.S.A. 40:20-71) (Res. No. 09-60)
Whenever the Director of the Board is specified as a member of any County board, the Deputy Director or such other member of the Board as he shall designate may serve in his/her place whereby in Monmouth County that person will be the Deputy Director. The term of the designated member of the Board shall expire with his term as Freeholder, with the term, as presiding member, of the Director of the Board appointing him or with the term specified by law for the position filled, whichever occurs first. (N.J.S.A. 40:20-71.1) (Res. No. 09-60)
No member of the Board during the term for which he is elected shall be eligible for appointment to any office or position required to be filled by the Board unless he shall resign and cease to be such a member at least three (3) months prior to his appointment, except in cases where such office or position, by law, may be filled by a member of the Board or the appointment is to the position of County Counsel or County Treasurer. (N.J.S.A. 40A:9-23)
Notwithstanding the provisions of any law, rule or regulation to the contrary, whenever an elected member of the Board is appointed to a position on any public authority, board, commission, agency or other public entity created by the State or any of its political subdivisions, and when such appointment is made by virtue of the member's position on the Board, the term of appointment shall be the same as the member's term of office on the Board. Nothing shall preclude the reappointment to a position with an appropriate public entity of a person whose term of office on the Board has expired, but who has been reelected to succeed himself on the public authority, board, commission, agency or other public entity. (N.J.S.A. 40A:9-23.1)
The Board has created the office of Administrator pursuant to the provisions of N.J.S. 40A:9-42. The Board may, by resolution, delegate to that office such administrative powers, duties, functions and responsibilities as the Board may deem appropriate and as provided by this Code and/or statute. (N.J.S.A. 40:20-1) (Res. No. 09-60)
Notwithstanding the provisions of any law to the contrary, all boards, bodies or commissions appointed by the Board and receiving funds or using funds made available by the Board, shall render quarterly fiscal reports covering both operating and capital construction and improvement funds, on a calendar basis, to the Board. (N.J.S.A. 40:20-1.1)
The grant of powers under this amendatory and supplementary act is intended to be as broad as is consistent with the Constitution of the State of New Jersey and with general law relating to local government. The grant of powers shall be construed as liberally as possible in regard to the County's right to reorganize its structure and to alter or abolish its agencies, subject to the general mandate of performing services, whether they be performed by the agency previously established or by a new agency or another department of County government. All County offices, boards, commissions, and authorities authorized or established by statute, other than those boards and offices which are subject to the provisions of N.J.S.A. 40:20-1.3 and other than educational institutions authorized or established pursuant to Title 18A of the New Jersey Statutes, shall be considered to be County agencies for the purposes of this section. (N.J.S.A. 40:20-1.2)
a. 
Pursuant to N.J.S.A. 40:20-1.3 the Board adopts this 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.
b. 
The County Board of Taxation, County Board of Elections, Jury Commissioners of the County, County Register of Deeds,[1] County Clerk, Surrogate and Sheriff shall be subject to such annual budgetary procedures and requirements as may be specified therein. These procedures and requirements may include, but shall not be limited to, the preparation and submission of an annual budget in accordance with the provisions of the Administrative Code, and the submission of such periodic budget reports as may be provided therein. The County Board of Taxation, County Board of Elections, Jury Commissioners of the County, County Register of Deeds,[2] County Clerk, Surrogate and Sheriff shall be subject to such accounting controls, central purchasing practices, personnel procedures, and central data processing services as are specified in the Code, or in administrative orders adopted pursuant thereto; provided, however, that nothing herein shall restrict or limit the authority of the County Board of Taxation, County Board of Elections, Jury Commissioners of the County, County Register of Deeds,[3] County Clerk, Surrogate and Sheriff as the appointing authority of their respective offices.
[1]
Editor's Note: Pursuant to N.J.S.A. 40A:9-80 the office of the Register of Deeds is consolidated with the office of the County Clerk.
[2]
Editor's Note: Pursuant to N.J.S.A. 40A:9-80 the office of the Register of Deeds is consolidated with the office of the County Clerk.
[3]
Editor's Note: Pursuant to N.J.S.A. 40A:9-80 the office of the Register of Deeds is consolidated with the office of the County Clerk.
c. 
Nothing in the Administrative Code shall change the duties or powers of County officers whose existence is mandated by the Constitution or shall diminish the duties, responsibilities or powers of those County officers.
d. 
An Administrative Code adopted pursuant to this section shall enter into effect thirty (30) days after its adoption, and all theretofore existing agencies shall assume the form, perform the duties, and exercise the powers granted them under the Administrative Code and shall do so in the manner prescribed therein. (N.J.S.A. 40:20-1.3) (Res. No. 09-60)
In addition to the powers set forth in N.J.S.A. 40:20-1.2 and 40:20-1.3, the Board is authorized and empowered to make policy and management decisions related to those activities of any independent boards of County government or State appointed officials of County government, which are duplicative in nature or which duplicate the activities, responsibilities or duties of any other agency or department of County government. (N.J.S.A. 40:20-1.4)
The Board may raise by taxation, in the method prescribed by law, all money necessary to pay for any improvement or property which it is authorized to make or acquire, and to pay the current expenses of maintaining the same, and for the execution and performance of any power or authority given to the County or the Board, and to pay the principal of and interest upon all obligations and debts of the County, for the maintenance of County parks, and for the fulfillment of all obligations imposed by law upon the County. (N.J.S.A. 40:23-7)
The powers and duties of the Board are not limited to those powers established by this section but shall include all applicable laws and regulations.
a. 
Creation of New Committees.
The Board may by resolution designate all committees thereof, define their duties and determine the number of members of which any committee shall be composed, and may at any time abolish any committee created by it. (N.J.S.A. 40:20-80)
b. 
Appointment of Members of Committees.
The Board shall appoint the members of all committees of the Board, except where otherwise provided by law. A majority of the members of the Board may discharge any member of any committee from further service thereon. (N.J.S.A. 40:20-81) (Res. No. 09-60)
c. 
Investigations by Committees; Member May Administer Oath.
Whenever the Board shall have appointed a committee of its members upon any matter within its jurisdiction, or to examine any officer of the Board, or holding an appointment from the Board in relation to the discharge of his official duties or conduct, or to the receipt or disbursement by him of any moneys in the discharge of said duties, or concerning the possession or disposal by him, in his official capacity of any property belonging to the Board or to the County, or to inspect or examine any book, account, voucher or document in the possession or under the control of such officer, relating to the affairs or interest of the County, the chairman of the committee, or any member thereof, may administer an oath to any person attending as a witness before that committee. (N.J.S.A. 40:20-82)
d. 
Subpoenas; Testimony.
The Board and any committee thereof may subpoena witnesses and take testimony with respect to any lawful matter of inquiry by the Board or committee. Any such subpoena shall be enforceable, and misconduct of a witness may be dealt with, in the manner provided by the County and Municipal Investigations Law (1952). (N.J.S.A. 40:20-83)
e. 
Perjury.
Any person who shall willfully and corruptly testify falsely to any matter upon oath administered by any member of the committee, upon such investigation or inquiry shall, upon conviction thereof, be guilty of perjury. (N.J.S.A. 40:20-84)
The Board may provide and furnish the books, blanks and stationery necessary for use by the Courts, County Clerk, Surrogate, Register[1] and Sheriff of the County. (N.J.S.A. 40:23-1)
[1]
Editor's Note: Pursuant to N.J.S.A. 40A:9-80 the office of the Register of Deeds is consolidated with the office of the County Clerk.
The printing required in the office of the County Superintendent of Schools shall be paid for as other County printing, but the sum expended for this purpose shall be determined by the Board. (N.J.S.A. 40:23-2)
The Board may prepare, maintain and display any exhibition of the products and industries of the County, or any poultry or agricultural exhibitions, or may contribute funds towards the maintenance or conduct of any such exhibition. (N.J.S.A. 40:23-3)
The Board, when contemplating the making of any improvement or the doing of any work, may accept any sum contributed by any person towards the cost or expense thereof, which sum shall be used only for the purpose for which it was accepted.
The Board may also agree in writing with any person that he shall pay such sum towards, or proportion of the cost or expense of such improvement or work as may be specified in the agreement. (N.J.S.A. 40:23-4)
The Board may appropriate such sums as it shall deem necessary for the purpose of advertising in newspapers, magazines or otherwise, either within or without the State, the advantages and attractions of the County for residence and business purposes.
Pursuant to N.J.S.A. 40:23-5.1 through 40:23-5.6, the Board may, by resolution, establish an office or department to study economic resources and encourage economic development of the County. (N.J.S.A. 40:23-5.1)
The County may agree to contribute and expend in any one (1) year, for membership in and the service of the New Jersey Association of Counties and the County Officers Association of New Jersey, such sums as the County may determine. (N.J.S.A. 40:23-6)
a. 
Authority to Establish Summer Camps. Pursuant to N.J.S.A. 40:23-6.1 through 40:23-6.16, the Board shall have the power to conduct and operate a summer camp for undernourished and underprivileged children of the County, and children of the County whose health may be benefited by it, and to establish rules and regulations for admission to the same. (N.J.S.A. 40:23-6.1)
b. 
Upon the establishment of a summer camp, a commission or board shall be constituted and appointed by the Board. (N.J.S.A. 40:23-6.2)
a. 
Pursuant to N.J.S.A. 40:23-6.17 through 40:23-6.19, the Board may enter into contracts with the United States Government, or any of its agencies, for the care and treatment in any County hospital, including clinic or out-patient service, of any soldier, sailor, marine or nurse under the jurisdiction of the Veterans Administration of the United States Government, and to receive and care for such soldiers, sailors, marines and nurses upon such terms and conditions, and upon such payments by the United States Government, as shall be mutually agreed upon between the Board and the proper officials of the United States Government. (N.J.S.A. 40:23-6.17)
b. 
Necessary Funds; Appropriation.
The Board may appropriate and raise funds annually in the same manner as appropriations are made for County purposes. (N.J.S.A. 40:23-6.18)
Monmouth County has a population in excess of four hundred thousand inhabitants. Pursuant to N.J.S.A. 40:23-6.20, the Board or any of its contractors shall not be required to pay any municipal fee or charge in order to secure a building permit for the erection or alteration of any County building or part thereof to the municipality wherein such building may be located. (N.J.S.A. 40:23-6.20)
The Board may provide by contract, and appropriate funds for the support and maintenance of existing museum facilities and services for the educational or recreational use and benefit of the public.
Such museum facilities and services may include exhibition in a museum building or elsewhere of subjects of natural, historical, educational, scientific, industrial or cultural nature; operation of arts, crafts and other hobby workshops; conduct of field trips and other projects of an educational or recreational nature and provision for the personal services required in connection with any of the foregoing. (N.J.S.A. 40:23-6.22)
a. 
Distribution of Federal Surplus Food Commodities; Contracts for Sharing Cost.
The Board is authorized to enter into a contract or contracts with the municipalities within the County for sharing the cost of distribution by the municipalities, of Federal surplus food commodities to the recipients of old age assistance, permanent and total disability assistance, and blind assistance on the rolls of the County Welfare Board[2] Of the County, resident in the municipalities, upon such terms and conditions as may be agreed upon between the Board and the municipality. The Board may designate the County Welfare Board[3] as agent for the purpose of negotiating and carrying out the terms of such contract. (N.J.S.A. 40:23-6.23)
[2]
Editor's Note: These services are provided by the Division of Social Services in the Department of Human Services.
[3]
Editor's Note: These services are provided by the Division of Social Services in the Department of Human Services.
b. 
Appropriating or Raising Funds for Surplus Food Distribution.
It shall be lawful for each Board to appropriate and raise funds annually for the purposes aforesaid in the same manner as appropriations are made for other County purposes. In the event that the Board shall designate the County Welfare Board[4] as its agent, it may turn such moneys over to the County Welfare Board[5] to meet the costs incurred under any such contracts. (N.J.S.A. 40:23-6.24)
[4]
Editor's Note: These services are provided by the Division of Social Services in the Department of Human Services.
[5]
Editor's Note: These services are provided by the Division of Social Services in the Department of Human Services.
c. 
Payment of Costs of Surplus Food Distribution by Board.
Nothing in this act shall be construed as requiring, in the absence of any such contract, the Board to pay any part of the cost of the distribution of the Federal surplus food commodities to such persons on the rolls of the County Welfare Board.[6] (N.J.S.A. 40:23-6.25)
[6]
Editor's Note: These services are provided by the Division of Social Services in the Department of Human Services.
[1]
Editor's Note: These services are provided by the Division of Social Services in the Department of Human Services.
a. 
Contracts with Municipalities for Services or Facilities by Counties over 500,000 Population.
The Board, by resolution, may provide for the entering into a contract with any municipality located in the County, or with two (2) or more such municipalities acting jointly to provide for the furnishing by the County to the municipality or municipalities with any service or facility which the municipality or municipalities may otherwise lawfully furnish or provide to the inhabitants thereof or to others. The entering into any such contract by the municipality shall be authorized by an ordinance adopted by the governing body. (N.J.S.A. 40:23-6.26)
b. 
Term of Contract; Advertisement for Bids.
Any such contract shall be and remain in force for such term not exceeding ten (10) years as shall be provided therein and no provision of any law requiring advertisement for bids before the making of any contract involving the expenditure of money shall be applicable to the making of any such contract between the County and the municipality, but any contract entered into by the County for services or facilities to be provided to a municipality shall be advertised and awarded in accordance with N.J.S.A. 40A:11-1 et seq. (N.J.S.A. 40:23-6.27)
c. 
Contract; Required Provisions.
Any such contract by the County and one (1) or more municipalities shall provide in detail the extent, manner and type of services or facilities to be furnished or performed thereunder by the County and shall specify the cost thereof to the municipality or municipalities and the manner in which it shall be paid to the County. (N.J.S.A. 40:23-6.28)
d. 
Appropriation of Funds; Purchase or Lease of Machinery and Equipment; Acquisition of Lands.
The County and municipality entering into a contract authorized by this subsection may appropriate the necessary funds to provide for the carrying out thereof. The County may purchase or lease all machinery and equipment and may acquire by gift, purchase, lease or condemnation all such lands as may be necessary in order to perform the terms thereof. (N.J.S.A. 40:23-6.29)
a. 
Construction of Additional Entrances and Exits to Highway Projects.
The Board is authorized to contract with the New Jersey Turnpike Authority for the construction by the Authority of additional entrances and exits, to a highway project operated by the Authority, which entrances or exits the Authority refuses to construct at its own expense on the basis of financial feasibility studies. Any entrance or exit constructed pursuant to this subsection shall become the property of, and a part of the highway project of the Authority. (N.J.S.A. 40:23-6.32)
b. 
Appropriation of Funds to Pay for Additional Entrances and Exits to Highway Projects.
The Board entering into a contract pursuant to paragraph a above is authorized to appropriate and pay to the New Jersey Turnpike Authority such sums as shall be called for under such contract. (N.J.S.A. 40:23-6.33)
a. 
Establishment of County Office on Aging by Resolution.
The Board has by resolution established a County Office on Aging. (N.J.S.A. 40:23-6.39) (Res. 1-2-1975; Res. No. 09-60)
b. 
Powers and Duties.
The County Office on Aging shall have the power and duty and it shall be the function of the Office to:
1. 
Maintain a central source of information on programs and services for older people;
2. 
Circulate current knowledge related to aging to the public at large and to individuals and groups to which such knowledge would be of benefit;
3. 
Stimulate expansion of existing services to more adequately meet the needs of older people and, where desirable, encourage new programs to meet these needs. (N.J.S.A. 40:23-6.40)
c. 
Executive Director; Appointment; Qualifications.
The Board shall appoint an executive director, who shall be a person qualified by training and experience to direct the work of the Office, to administer the work of the County Office on Aging. (N.J.S.A. 40:23-6.41)
d. 
Receipt and Expenditure of Moneys.
The Board may receive and expend moneys from the State, Federal government or private individuals, corporations or associations thereof, to meet the expenses of the County Office on Aging. (N.J.S.A. 40:23-6.42)
e. 
Appropriations and Payments of State Aid.
There shall be appropriated and paid annually to each County Office on Aging, subject to the approval of the Commissioner of the Department of Community Affairs, an amount equal to one-half (1/2) of the amount of annual expense of the County Office on Aging; provided, however, that no County shall receive more than twenty thousand ($20,000.00) dollars in State aid hereunder in any calendar year. Payments shall be made by the State Treasurer, upon certificate of the Commissioner of the Department of Community Affairs and warrant of the Director of the Division of Budget and Accounting, on or before December 31 of each calendar year. This payment shall constitute reimbursement to the County for the State aid portion of the annual expense of each County Office on Aging during the year in which the payment is made. (N.J.S.A. 40:23-6.43)
f. 
Rules and Regulations by Director of the State Division on Aging.
The Director of the State Division on Aging shall issue and promulgate rules and regulations for the proper control and management of activities of the County Offices on Aging, for the certification of persons to hold the position of executive director and for the administration of grant funds available, and may issue and promulgate such other rules and regulations as necessary. (N.J.S.A. 40:23-6.44)
g. 
The County Office on Aging shall be assigned to the Department of Human Services. (Res. No. 09-60)
a. 
Lands of County; Use as Training Grounds for Firemen or Police.
The Board may, by resolution, make available any lands owned or leased by the County, or otherwise under its control, to be used as training grounds for paid, part-paid or volunteer fire companies and for police departments and forces located in any municipality or fire district in the County or adjoining counties. (N.J.S.A. 40:23-6.45)
b. 
Operation and Improvement of Properties for Training Purposes; Appropriation and Expenditure of Funds.
The Board may raise, appropriate and expend such sums of money as it may deem expedient for operating and improving any such properties for training purposes, including construction of buildings, installation of water mains and hydrants, and the construction on said lands of drill towers and training equipment, in order to instruct members of fire companies in the latest methods, procedures and techniques of fire fighting, to instruct members of police departments and forces in the latest methods, procedures and techniques of police work, and for the purpose of testing apparatus and equipment. (N.J.S.A. 40:23-6.46)
a. 
Establishment of the Department of Consumer Affairs; Employees.
The County, by resolution, has created and established a Department of Consumer Affairs to be administered by a County Director of Consumer Affairs who shall be appointed by the Board. In addition, the Board may provide for the employment of such other officers and employees as may be necessary or desirable for the proper conduct of the affairs of the office. The qualifications of the director and other officers and employees shall be established by the Attorney General. (N.J.S.A. 40:23-6.47)
b. 
Powers.
Offices created hereunder shall have the following powers:
1. 
Those powers granted to the Attorney General by P.L.1960, c. 39 (C. 56:8-1 et seq.) and all supplements thereto, which he may by rule or regulation delegate to them; provided, however, that the following powers shall not be delegable: the power to promulgate substantive regulations as authorized by P.L.1960, c. 39, subsection 4 (C. 56:8-4); the power to conduct administrative hearings and other powers connected therewith as authorized by P.L.1967, c. 97, subsection 1 (C. 56:8-3.1) and by P.L.1971, c. 247, subsections 3 through 6, inclusive (C. 56:8-15 through 56:8-18); and the power to grant immunity as authorized by P.L.1960, c. 39, subsection 7 (C. 56:8-7).
2. 
Such other powers not inconsistent with the provisions of this act or any other act or the rules and regulations promulgated thereunder which may be assigned to such offices by the Board of the County which created them. (N.J.S.A. 40:23-6.48)
c. 
Department of Consumer Affairs in County Established Prior to and in Conformity with This Act; Validation of Acts and Proceedings.
All acts and things done or authorized by the County within the powers granted by this act prior to its enactment are hereby ratified and confirmed. Where any Office of Consumer Affairs has heretofore been established in substantial conformity with the provisions of this act under and by virtue of a county resolution which may be invalid by reason of lack of power in the County to pass such resolution, such resolution and all acts and proceedings thereunder are hereby validated and confirmed, including any proceeding initiated within ninety (90) days of the effective date of this act to compel compliance with or prevent the violation of such resolution, provided, however, that nothing in this section shall validate or authorize any act or thing which is expressly prohibited by the provisions of this act, or of any other statute of this State. (N.J.S.A. 40:23-6.49)
d. 
The Department of Consumer Affairs shall be assigned to the Department of Finance. (Res. No. 09-60; Res. No. 2011-0541)
The salaries of the members of the Board shall be fixed by resolution of the Board pursuant to N.J.S.A. 40:20-72.
The Director of the Board shall receive, in addition to his salary as a member, a sum not to exceed one thousand ($1,000.00) dollars per annum as fixed by resolution of the Board.
The salaries of members of the Board, including any additional compensation to Directors thereof, shall be in lieu of all fees or other compensation, excepting additional compensation for premiums on group insurance authorized under N.J.S.A. 40A:10-21, and shall be paid in equal installments by the County Treasurer.
Any change to the amount of salary or other compensation paid to any member of the Board or the Director shall be made by resolution. The procedure for introduction, publication, hearing and adoption of said resolution shall be the same as the procedure established by N.J.S.A. 40A:4-4 for the adoption of a County budget resolution. No such resolution shall take effect earlier than twenty (20) days from the time of adoption. (N.J.S.A. 40:20-72)
The annual meeting of the Board shall be held at the place of holding the Superior Court at 12:00 noon on either the first or second day of January or on some other hour on any day during the first week in January, annually, as the Board, by resolution passed before said meeting, may determine. If the date so fixed shall fall upon a Sunday the meeting shall be held the following day, unless the resolution authorizes the meeting to be held on a Sunday. (N.J.S.A. 40:20-75)
Regular meetings of the Board shall be held at such times and places as the Board, by resolution, shall determine. (N.J.S.A. 40:20-76)
a. 
Notice of Special Meeting.
Special meetings shall be held on the written or printed order of the Director, or of any three (3) members of the Board, specifying the business and object thereof, and the place where the meeting shall be held.
The Clerk of the Board shall call any such special meeting upon receipt of such order, by written notice directed to the respective members of the Board, and left at their respective places of abode, or mailed to the post office nearest thereto, at least five (5) days before the day of the meeting. The notices shall state the business and object of the meeting and the place where the meeting is to be held. (N.J.S.A. 40:20-77)
b. 
Penalty for Clerk's Failure to Call Meeting.
If the Clerk of the Board upon receipt of a proper order shall refuse or neglect to call or convene any special meeting of the Board, he shall forfeit twenty-five ($25.00) dollars, to be recovered, with costs, in an action in any court of competent jurisdiction, in the name and for the use of the County. (N.J.S.A. 40:20-78)
In case a sufficient number of the members of the Board to constitute a quorum shall not attend at the time and place of the annual or any other meeting of the Board, the members attending may adjourn the meeting to such time and place as they shall think proper. (N.J.S.A. 40:20-79)
The Board shall use a consent agenda at all public meetings. The consent agenda will be designed to facilitate a single vote of the entire Board on those items of a routine and noncontroversial nature for which extensive discussion or comment is not required. Any member of the Board may require the removal of an item from the consent agenda and that the item be separately treated by the Board. (Res. No. 06-529)
A resolution in writing may be introduced by any member of the Board at a meeting in the proper order of business, pursuant to the Open Public Meetings Act. Where possible it shall be duplicated and distributed to members of the Board prior to the meeting. It shall be thereupon read by title by the Freeholder Director or by the Clerk of the Board. A motion to adopt the resolution shall then be in order, and upon it being duly seconded, the motion shall be open to debate and acted upon.
Ordinances shall set forth the statutory authority for proceeding by ordinance and the statutory or other authority for the proposed action by the Board. Ordinances shall be drafted and approved as to form and legality by County Counsel. Each ordinance shall be prepared in writing, duplicated and distributed to the members of the Board at least forty-eight (48) hours before the Board meeting at which it may be considered.
An ordinance may be introduced by any member of the Board. After passage on the first reading, which reading may be by title, it shall be published according to law.
A public hearing shall be held on the proposed ordinance in the manner provided by the New Jersey Statutes, at which time all interested persons shall be given the 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 unless otherwise provided by law as is the case for the adoption of bond ordinances. If any amendments be adopted altering the proposed ordinance, the ordinance as so amended may only be finally adopted, if re-advertised, according to law.
Any member of the Board may nominate as many candidates as there are offices to be filled. The Board will consider such nominations and act upon same at a regular meeting of the Board. Where there is more than one office to be filled on a board, commission or other multi-membered body, the same procedure may be followed with respect to each office separately until the total number of appointments to be made has been completed. At the discretion of the Director, a group of nominations may be considered at once where there is no apparent division in the Board as the nominees included in a group.
Where the Code or the Board delegates the power of appointment to the Administrator, the advice and consent of the Board shall be required. The Administrator shall communicate to the Board, in writing, at any meeting the name or names of his nominees for appointment, and the Board shall consider the nomination and present its decision to the Administrator. (Res. No. 09-60)
The Board shall appoint a Clerk to the Board for a term of three (3) years. (N.J.S.A. 40A:9-26)
Any person appointed to the office of Clerk of the Board having held such office continuously for a term of twenty (20) years from the date of his original appointment, shall not be removed from office except for good cause shown after a fair and impartial hearing upon notice and before the entire Board. The Clerk of the Board shall hold office during good behavior and shall not be removed except for cause as aforesaid. (N.J.S.A. 40A:9-26)
The Clerk of the Board shall keep in a book the minutes and a record of the orders and proceedings of the Board. The Clerk of the Board shall have custody of the official seal of the County and all records, documents and other official papers relating to the property and business of the County and perform such services as the Board from time to time shall direct. (N.J.S.A. 40A:9-26)
The Clerk of the Board shall have and exercise all the powers and duties now or hereafter conferred on him by this Code or other applicable laws or acts of the New Jersey Legislature and also such duties as may be assigned to him by the Board.
The Clerk of the Board shall:
a. 
Prepare agendas for all Board meetings and forward copies of all pertinent materials in advance of each meeting to each Freeholder, Freeholder-elect, Administrator and County Counsel;
b. 
In serving as recording secretary to the Board, attend all meetings of the Board, record all ordinances and resolutions adopted by the Board and at the close of each year, with the advice and assistance of County Counsel, compile or codify true copies of all ordinances and resolutions adopted during the year, properly indexed. He shall cause such copies thereof to be printed as the Board may require.
c. 
Attest to all ordinances and resolutions as being duly adopted;
d. 
Have custody of all records of the Board;
e. 
Retain copies of all formal contracts in which the County is a party;
f. 
Retain all official surety bonds furnished by any County officer or employee;
g. 
Have custody of the County Seal and affix the seal to such documents as may require it;
h. 
Receive on behalf of the Board copies of all personnel actions taken by the Administrator;
i. 
Provide for the mailing of all notices and copies of documents to municipalities as required by law;
j. 
Publish any legal notices required in connection with actions taken by the Board.
The Board shall appoint County Counsel for a term of three (3) years. (N.J.S.A. 40A:9-43)
County Counsel shall be the chief legal advisor to the Board and the Constitutional Officers of the County. He shall be the attorney of record in all civil proceedings where the County, the Board or any Constitutional Officer is a party.
County Counsel shall:
a. 
Advise the Board and all County agencies and advise the Constitutional Officers when requested to do so;
b. 
Approve the legal form and sufficiency of all contracts, deeds and other documents and prepare all ordinances and resolutions requested by the Board;
c. 
Represent the Board and the agencies under the Board's jurisdiction in all litigation, appeals, proceedings before the administrative agencies and recommend settlement in any matter where he feels it appropriate;
d. 
Maintain records of all actions, suits and proceedings relating to the County's interest and submit reports to the Board on such matters on request;
e. 
Represent the Constitutional Officers in all legal matters related to their official duties;
f. 
Render advisory opinions requested by the Board;
g. 
Be permitted to conduct private law practice.
There may be appointed in the County Counsel Office, Assistant County Counsels or Special Counsels, who shall be determined and appointed by resolution of the Board. All Counsels shall be in good standing and shall have been duly admitted to practice law in the State of New Jersey.