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)
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)
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.
