The legislative power of the County shall be vested in and exercised by the Board pursuant to law. Such legislative power shall be exercised by ordinance, except for the exercise of the following powers which are required to be, or are permitted to be, exercised by resolution:
A. 
Establishment of a municipal advisory council pursuant to N.J.S.A. 40:41A-29.
B. 
Conduct of an inquiry or investigation pursuant to N.J.S.A. 40:41A-86.
C. 
Expression or disapproval of the suspension or dismissal of officers or employees pursuant to N.J.S.A. 40:41A-87.
D. 
Exercise of the power of advice and consent to actions of the County Executive pursuant to N.J.S.A. 40:41A-41(a).
E. 
Override of a veto of the County Executive pursuant to N.J.S.A. 40:41A-41(f).
F. 
Adoption of rules for the Board pursuant to N.J.S.A. 40:41A-100.
G. 
Establishment of times and places for Board meetings pursuant to N.J.S.A. 40:41A-99.
H. 
Establishment of the Board as a committee of the whole and the delegation of any number of its members as an ad hoc committee, both pursuant to N.J.S.A. 40:41A-86.
I. 
Declaration of emergencies pursuant to N.J.S.A. 40:41A-101(c).
J. 
Identification of emergency situations pursuant to N.J.S.A. 40:41A-128.
K. 
Application for a County department of civil service pursuant to N.J.S.A. 40:41A-13.
L. 
Designation of qualified newspapers pursuant to N.J.S.A. 40:41A-142.
M. 
Appointment and removal of such officers and employees as the Board is permitted by law.
N. 
Approval of contracts presented by the County Executive.
O. 
Actions specified as resolutions in the local budget.
P. 
Consent to municipal ordinances or resolutions regulating traffic or parking on County roads pursuant to Section 1 of P.L. 1957, c. 69 (N.J.S.A. 39:4-197.2), except that the resolution of consent shall be subject to the approval or veto of the County Executive, as provided for in the case of ordinances by Subsection G of Section 37 of P.L. 1972, c. 154 [N.J.S.A. 40:41A-37(g)], and to the requirements set forth therein for overriding a veto.
Q. 
Expression of such Board policies or opinions as require no formal action by the governing body.
The Board of County Commissioners:
A. 
Shall advise and consent to all appointments by the Executive for which Board confirmation is specified in N.J.S.A. 40:41A-37;
B. 
Shall pass in accordance with this act whatever ordinances and resolutions it deems necessary and proper for the good governance of the County;
C. 
May pass a resolution of disapproval or dismissal, subject to the provisions of N.J.S.A. 40:41A-87(b);
D. 
May override a veto of the County Executive by a two-thirds vote of its full membership; and
E. 
Shall approve the annual operating and capital budgets pursuant to the Local Budget Law (N.J.S.A. 40A:4-1 et seq.).
The Board will organize in the first week of January in each year at the Hudson County Administration Annex Building on such day and at such time as the Board shall by resolution determine. Newly elected members may take and subscribe the oath of office at or before the annual organization meeting of the Board. Upon so qualifying, a member shall be entitled to take his/her seat and assume the duties of the office.
A. 
Whenever a vacancy occurs in the membership of the Board for any reason other than the expiration of a term, it shall be filled for the unexpired term at the next general election occurring not less than 60 days from the date of such vacancy; provided, however, that if the vacancy occurs at any time after 60 days prior to the general election occurring in the next to the last year in the term of office, the vacancy may be filled by appointment for the remainder of the unexpired term in the same manner as hereinafter provided for temporary appointments. Nominations and elections for the filling of a vacancy for the unexpired term shall be made in accordance with the pertinent provision of Title 19 of the Revised Statutes and the Optional County Charter Law (P.L. 1972, c. 154; N.J.S.A. 40:41A-1 et seq.).
B. 
The Board may, by majority vote of its remaining members, fill a vacancy temporarily by appointment until the election and qualification of a successor. If the Board shall fail to fill the vacancy within 30 days of its occurrence, the office shall remain vacant until the election and qualification of a person to fill the vacancy for the unexpired term or to fill a full new term, as the case may be.
At its organization meeting, the Board will elect from among its members a Chairperson, Vice Chairperson and Chairperson Pro Tempore. Each shall serve for a term of one year and until the election and qualification of his/her/their successor. The Chairperson, Vice Chairperson and Chairperson Pro Tempore may be reelected. Election shall be by majority vote of the whole number of members of the Board. The Chairperson shall preside over all meetings of the Board, supervise the staff of the Board, appoint all committees of the Board, and by his/her/their signature thereto authenticate all ordinances and resolutions passed by the Board in his/her/their presence. In the absence or inability to serve of the Chairperson, the Vice Chairperson shall act in his/her/their place and stead. In the absence or inability to serve of both the Chairperson and Vice Chairperson, the Chairperson Pro Tempore shall serve only so long as both the Chairperson and Vice Chairperson are absent or unable to serve. In the absence or inability to serve of the Chairperson, the Vice Chairperson and Chairperson Pro Tempore, the Board shall elect from among its members an acting Chairperson Pro Tempore for the meeting to serve only so long as the Chairperson, the Vice Chairperson and the Chairperson Pro Tempore are absent or unable to serve. The Chairperson or, in his/her/their absence or inability to serve, his/her/their designee shall serve as an ex officio nonvoting member of all appointive bodies in County government during his/her/their term as Chairperson and until his/her/their successor is duly elected and qualified.
A. 
Regular meetings of the Board shall be held at the County Commissioners' Chambers as required by the Optional County Charter Law, N.J.S.A. 40:41A-1 et seq. The Board of County Commissioners shall by resolution designate the days and times for regular meetings and agenda conferences.
B. 
The Chairperson or the County Executive may, and upon written request of a majority of the members of the Board shall, call a special meeting of the Board. In the call he/she shall designate the purpose of the special meeting, and no other business shall be considered at such meeting. The call for a special meeting shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.). The Clerk shall forthwith serve notice hereof upon each of the members of the Board by leaving a copy of the call at their respective places of residence and by telephone communication, if possible, at such place as each member may, in writing, designate.
A. 
All meetings of the Board shall be open to the public. Preceding each regular meeting, the Board may hold such agenda conferences as may be designated by the resolution promulgated pursuant to Section 2.
B. 
The Board may also hold informal conferences at such times and places as it may determine. All such conferences shall be open to the public.
Except as hereinafter provided, rules of procedure shall be set forth in the bylaws adopted by resolution of the Board pursuant to the Charter. In addition thereto, the following rules of procedure shall apply:
A. 
Presiding officer. The Chairperson, or in his/her/their absence the Vice Chairperson, or, in the absence of both the Chairperson and the Vice Chairperson, the Chairperson Pro Tempore, shall take the chair at the hour appointed for the meeting and shall immediately call the Board to order. In the absence of the Chairperson, the Vice Chairperson and the Chairperson Pro Tempore, the Clerk shall call the Board to order and shall determine whether a quorum is present. In the event a quorum is present, the Clerk shall call for the election of an Acting Chairperson Pro Tempore who shall be elected by a majority of those present. Upon the appearance of the Chairperson, the Vice Chairperson or the Chairperson Pro Tempore, the Acting Chairperson Pro Tempore shall forthwith relinquish the chair upon the conclusion of the business immediately before the Board. When the Chairperson Pro Tempore is presiding he/she/they must relinquish the chair upon the appearance of the Chairperson or Vice Chairperson, and when the Vice Chairperson is presiding he/she/they shall likewise relinquish the chair upon the appearance of the Chairperson.
B. 
Roll call. At the beginning of each meeting of the Board, the Clerk of the Board shall call the roll of the members in alphabetical order and the names of those present shall be entered in the minutes. If any member appears after the roll call, the Clerk shall enter in the minutes the time of attendance of such member.
C. 
Quorum. A majority of the whole number of members of the Board shall constitute a quorum. Should no quorum attend within 30 minutes after the hour appointed for the meeting of the Board, the person presiding may thereupon adjourn to the next regular meeting, unless by unanimous agreement those members present select another hour or day. The names of the members present and their action at such meeting shall be recorded in the minutes by the Clerk.
D. 
Order of business. At each regular meeting of the Board the order of business shall be as follows:
(1) 
The Clerk of the Board shall call the roll.
(2) 
Pledge of allegiance.
(3) 
Approval of the minutes of the previous meeting, which shall not be read at length unless three or more members request such reading.
(4) 
Communications and referral thereof by the Chairperson for reply.
(5) 
Report from the County Executive.
(6) 
Report from the County Counsel.
(7) 
Reports of any special committees of the Board.
(8) 
Unfinished business.
(9) 
New business.
(10) 
Introduction of ordinances on first reading.
(11) 
Public hearings.
(12) 
Consideration of ordinances for passage on second reading.
(13) 
Comments from the public.
(14) 
Adjournment.
E. 
Rules of order. The procedure for the conduct of the business of the Board shall be governed by Robert's Rules of Order Revised, except as otherwise provided by the Charter Code or the bylaws.
F. 
Public comments. Public comments, with respect to agenda items, shall be limited in duration to five minutes. Public comments on other matters shall be limited in duration to five minutes.
G. 
The Chairperson or such other member of the Board as may be presiding may move, second and debate from the chair, and no member shall be deprived of any of the rights and privileges of a member of the Board by reason of his/her being the presiding officer.
H. 
Voting. The vote upon every motion, resolution or ordinance shall be taken by roll call in alphabetical order except that the presiding officer shall be polled last; the yeas, nays and abstentions shall be entered upon the minutes. Upon the call of the roll no member shall discuss or explain his/her vote.
I. 
Committees. There shall be no standing committees of the Board, other than the committee of the whole. Special committees of the Board for legislative or investigative purposes may be appointed by the Chairperson pursuant to resolution.
J. 
Minutes. The Clerk of the Board shall keep minutes of all meetings. The minute records generally shall contain formal action of the Board whether such action is presented by a motion, resolution or an ordinance.
A. 
The Board shall appoint a qualified person to serve at its pleasure, or for a term not to exceed three years, as Clerk of the Board. The Clerk shall:
(1) 
Attend all meetings and conferences of the Board.
(2) 
Take and preserve the minutes of the Board, which shall record all actions and votes taken and the substance of discussions and debate relating thereto and of all other matters.
(3) 
Keep and compile all ordinances, resolutions and minutes and retain in his/her/their custody for safekeeping all contracts, deeds, surety bonds, insurance policies and other official papers delivered to him/her/them.
(4) 
Have custody of the County Seal and may affix it to appropriate documents without charge.
(5) 
Arrange for the clerical staff of the Board of County Commissioners and provide secretarial services for Board members, expedite the handling of their correspondence and have such other and different powers and duties as may be provided by resolution of the Board.
B. 
In the absence of the Clerk, the Chairperson may appoint an Acting Clerk to perform such duties.
The Board shall have the discretion to appoint a qualified person at its pleasure as Deputy Clerk of the Board. The Deputy Clerk shall assist the Clerk of the Board, at his/her direction, in the performance of those duties set forth in § 5-18 above.
A. 
Where the Charter requires that the power of appointment by the County Executive is subject to the advice and consent of the Board, the County Executive shall communicate to the Board, in writing, the name or names of his/her/their nominees for appointment together with pertinent information which shall thereupon be referred to the committee of the whole. Whenever more than one appointment is to be made to a board, commission or other multimember body, the Board shall consider and vote upon each nominee separately. In the discretion of the Chair, a group of nominations may be considered together in one resolution where there is no objection by any member of the Board as to the nominees included in the group.
B. 
With respect to appointments to be made by the Board, any member of the Board may nominate as many candidates as there are offices to be filled. The Board will consider such nominations in committee of the whole which will report to a regular meeting of the Board. Where there is more than one office to be filled to a board, commission or other multimember body, the same procedure shall be followed with respect to each office separately until the total number of appointments to be made has been completed. In the discretion of the Chair, a group of nominations may be considered at once where there is no objection by any member of the Board as to the nominees included in the group.
C. 
The Board shall act on all nominations for appointments presented by the County Executive within 30 days after receipt of the nomination unless the Board and the County Executive agree to a later time. Failure to act within such thirty-day period shall constitute an extension of the acting status of the acting officer (notwithstanding the provisions of § 5-27K of this chapter) until such time as the Board acts on such nomination. Prior thereto, the County Executive may designate any individual, including the nominee, to act in the capacity of the nominee, whose title shall include the word "Acting" until the nomination is confirmed. The County Executive may, but is not required to, designate the nominee as the person acting in the nominee's capacity.
A. 
The position of Counsel and Deputy Counsel to the Board of County Commissioners be and are hereby created and continued pursuant to the provisions of N.J.S.A. 40:41A-41(d).
B. 
Counsel and Deputy Counsel to the Board of County Commissioners shall be appointed by resolution of the Board of County Commissioners and shall serve at the pleasure of the Board.
A. 
Counsel to the Board of County Commissioners shall advise and represent the Board and, in the discretion of the Board, represent the Board in any litigation wherein the Board is a party.
B. 
Counsel to the Board of County Commissioners shall:
(1) 
Attend meetings of the Board and give opinions and advice on questions which may arise at Board meetings and shall act as parliamentarian at Board meetings.
(2) 
Advise the Board, its members, officers and employees, when requested to do so, with respect to their official responsibilities.
C. 
Anything stated in this section to the contrary notwithstanding, the powers of the County Counsel as granted by this code and by law shall remain in full force and effect.
In addition to clerical personnel appointed pursuant to this article as above set forth, the Board may, within the limits of budgetary appropriations for such purposes, retain such other aides or staff as may be permitted by law, including but not limited to a Chief of Staff to the Chairperson of the Board of Commissioners.
The salary of the County Executive shall be fixed by ordinance of the Board. Such salary shall be reasonable and commensurate with the duties of the office and with the fact that the position of County Executive is and shall be a full-time position. The salary of the County Executive may not be lowered during his/her tenure in office.