This chapter, together with any and all amendments
thereto, if any, shall be known and may be cited as the "Atlantic
County Administrative Code." The purpose of this chapter is to set
forth the details of administration of the Atlantic County government
consistent and in harmony with the purposes, intent and provisions
of the Atlantic County Charter and to establish the duties and responsibilities
and powers of all County officials and agencies.
Atlantic County, upon adoption of this chapter
as hereinafter provided, shall be and remain a municipal corporation
under its then name and shall exercise all of the rights, privileges,
functions and powers conferred upon it by the Charter, this chapter
or any other applicable statute not inconsistent with the Charter,
including all powers necessarily incidental to or which may be fairly
implied from the powers specifically conferred upon the County.
The Charter and this chapter provide a form
and structure of County government in accordance with the provisions
of N.J.S.A. 40:41A-1 to 40:41A-144, as amended and supplemented, and
all special laws relating to Atlantic County and all general laws
of the State of New Jersey shall continue in full force and effect
to the extent that such laws have not been repealed, amended, modified
or superseded in their application to Atlantic County by enactment
and adoption of the Charter and this chapter. Within the limits prescribed
in said N.J.S.A. 40:41A-1 et seq., the Optional County Charter Law,
wherever and whenever any state law, general, special or local in
effect, conflicts with the Charter or is inconsistent therewith, such
law shall be deemed, to the extent of such conflict or inconsistency,
to be superseded by the Charter insofar as the County of Atlantic
and its government are concerned.
All laws, ordinances and resolutions of the
Board of County Commissioners of the County of Atlantic 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that they have been repealed, amended, modified or superseded in their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 Atlantic County by the enactment and adoption of the
Charter and this chapter.
Wherever used in this chapter, unless otherwise
expressly stated or unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
The County Executive and all departments, divisions, boards,
agencies, commissions and authorities.
Any agency authorized by the Charter, this chapter or applicable
law, including but not limited to those authorized by County law to
receive and expend County funds for a County purpose.
The Board of County Commissioners, the elective legislative
body of Atlantic County.
[1]Articles 2, 3 and 7 of the Optional County Charter Law, including
N.J.S.A. 40:41A-24 to 40:41A-44 and N.J.S.A. 40:41A-86 to 40:41A-144,
as amended and supplemented thereto.
[Amended 11-9-1977]
The Atlantic County Administrative Code[2] and all amendments and supplements thereto.
The County of Atlantic, State of New Jersey.
An organization unit or group of organized units of the County
government, established or designated as a department by this chapter.
The administrative head of a department, regardless of his
or her title.
The administrative head of a division, regardless of his
or her title.
A suborganization unit or group of organization units of
a department of the County government, established or designated as
a division by this chapter.
The officer by that title duly elected and serving pursuant
to the Charter.
Regular County business hours for all County employees, as
provided for in all applicable collective bargaining agreements or
by County management policy as established by the County Executive.
[Amended 12-29-1981 by Ord. No. 24-1981]
As defined in the Charter.
The Board of County Commissioners.
An ordinance and the procedural requirements established
in the Optional County Charter Law (N.J.S.A. 40:41A-101) are those
actions purporting to establish governmental policy or action by the
County government, including, but not by way of limitation, the creation
of positions within the County government, the establishment of salaries
and/or salary ranges of County personnel, the incurrence of indebtedness
or liability on behalf of the County, the creation or dissolution
of any County boards, agencies or authorities or any amendments to
the Administrative Code.
[Amended 11-9-1977]
The time which an employee shall work that is less than full
time. The number of hours for each part-time position is to be determined
by the head of a department or the director of a division.
Any individual, corporation, firm, partnership, association,
organization or other entity.
A majority of the whole number of the membership of the Board
of County Commissioners, County commissions, boards and authorities,
body or other group of persons or officers charged with any County
public power, authority or duty.
A declaratory statement of opinion and/or policy of the Board
of County Commissioners 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
of County Commissioners, ratification of contracts and adoption of
the annual budget.
[Amended 11-9-1977]
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.
The calendar periods unless otherwise specifically provided.
[Amended 9-25-1990 by Ord. No. 30-1990]
The following design is hereby adopted as the
official and standard design of the Seal of the County of Atlantic
to be used for all authorized and official County purposes:
For the purposes of this chapter and any other
ordinances and resolutions heretofore or hereafter adopted, except
as the context may otherwise require:
A.
The present tense includes the past and future tenses,
and the future, the present.
B.
The masculine gender includes the feminine and neuter.
C.
The singular number includes the plural, and the plural,
the singular.
D.
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 is a Sunday or a legal holiday, that day shall be excluded.
E.
"Writing" and "written" shall include printing, typewriting,
stenciling, duplicating and any other visual mode of reproducing words
or figures on paper or paperlike material which is in general use.
A.
The grant of powers under the Charter and this chapter
is intended to be as broad as is consistent with the Constitution
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 are performed by the agency previously established
or by a new agency or another department of County government.
B.
This chapter shall be construed as intending to give
the County power to establish innovative programs and to perform such
regional services as any unit that has the legal right to perform
such service for itself may determine, in its own best interest, to
have the County perform on a contractual basis.
C.
This chapter shall be interpreted and administered
so as to maintain the separation of legislative and administrative
powers.
The County Charter, as amended and supplemented,
is made a part of this Administrative Code by reference, as if fully
recited herein at length.
