There shall be a Board of County Commissioners
which shall consist of nine members whose terms of office shall be
staggered as set forth in the Charter.
A.
Election, term and compensation. There shall be a
Board of County Commissioners which shall consist of nine members
whose terms of office shall be staggered as set forth in the Charter,
of which five shall be elected from County Commissioners Districts
and four shall be elected at large for three-year terms beginning
January 1 of the year following the November general election at which
they were elected. They shall receive such compensation as shall be
provided by ordinance.
B.
Powers and duties. The Board of County Commissioners
shall have and exercise all the powers and duties now or hereafter
conferred or imposed upon it by the Charter or other applicable laws
or Acts of Legislature not inconsistent with the Charter, including
the power to make such studies and to cause such investigations and
inquiries to be made as it deems to be in the best interest of the
County and germane to any act or problem of the County and to the
exercise of its legislative powers, and in connection therewith to
obtain and employ professional and technical advice, appoint temporary
legislative advisory boards of citizens, subpoena witnesses, administer
oaths and require the production of books, papers and other evidence
deemed necessary or material to such study or inquiry, all in accordance
with the provisions of N.J.S.A. 40:20-82 et seq. and N.J.S.A. 2A:67A-1
et seq., including the advice and consent of the executive appointments
of the Administrator, department heads, division heads and the members
of all boards, commissions and authorities.
(1)
The Board, with the approval of the County Executive,
may establish a revolving petty cash fund for any administrative unit
or subdivision thereof or officer in such amounts as it deems necessary.
Any petty cash fund heretofore established by the Board shall be continued
in existence as a petty cash fund for the administrative unit or subdivision
thereof or officer for which it was established or the successor of
such unit or officer created pursuant to the provisions of the Charter
or this chapter. The County Executive shall determine which administrative
unit, subdivision or officer shall be considered to be the successor
administrative unit, subdivision or officer for the purpose of this
section. The Board, upon recommendation of the County Executive, may
increase, decrease or abolish any petty cash fund established or continued
pursuant to this section. Any petty cash fund shall otherwise continue
in existence from year to year until abolished.
(2)
Expenditures from a petty cash fund may be made only
for payment of properly itemized and verified or certified bills for
materials, supplies or services other than regular employment furnished
to the County for the conduct of its affairs and upon terms calling
for payment to the vendor upon the delivery of any such materials
or supplies or the rendering of any such services. Moneys in any such
fund also may be used for the purpose of making change when such is
required in the performance of official duties. Moneys in any such
fund established for the office of the Sheriff or County Prosecutor,
County Clerk or Surrogate may also be used to advance travel funds
to personnel in said departments when required to travel on official
business and as certified to be the aforesaid specific department
heads thereof.
[Amended 2-15-1992 by Ord. No. 12-1992]
(3)
Upon audit of bills, such petty cash fund shall be
reimbursed from the appropriate budgetary item or items in the amount
equal to the amount audited and allowed. The Treasurer immediately
shall notify the Executive, in writing, of the disallowance of any
such bills or any portion thereof, stating the amount in each case
disallowed and the reason therefor. Any of such bills or any portion
thereof as shall be disallowed upon audit shall be the personal liability
of the official responsible for the use of the petty cash fund from
which payment on account thereof was made. Such official shall forthwith
reimburse such petty cash fund in the amount of such disallowances.
If such reimbursement has not been made by the time of the first payment
of salary to such official after the disallowance of any such bill
or any portion thereof, the amount of such disallowance shall be deducted
from such salary payment and, if necessary, subsequent salary payments,
and paid into such petty cash fund until an amount equal to the amount
of such disallowance has been repaid to such petty cash fund.
(4)
The Chairman of the Board of County Commissioners
shall notify the Treasurer of encumbrances of petty cash funds and
shall be the authorizing agent for any petty cash budget established
for use by the Board.
(5)
Post audit. The Board shall approve a contract to
retain a registered municipal accountant of New Jersey to prepare
and submit annually a post audit of all County accounts and financial
transactions in accordance with state laws and regulations.
C.
Vacancies.
(1)
Unless otherwise provided by law, the office of County
Commissioner shall become vacant upon his or her death, resignation
or removal from or forfeiture of office in any manner authorized by
law.
(2)
In the event of a vacancy in the office of County
Commissioner, the vacancy shall be filled as provided by law.
D.
Rules of the Board. The rules of the Board of County
Commissioners (also referred to as "bylaws") shall be attached hereto
and incorporated by this reference. Except as may be provided in the
Charter, questions of order, methods of organization and the conduct
of business of the Board of County Commissioners shall be governed
by Robert's Rules of Order, Revised (75th Edition), in all cases to
which they are applicable and in which they are not inconsistent with
the rules of procedure adopted by the Board of County Commissioners,
as amended and supplemented from time to time.
E.
Functions and duties of Legislative Counsel.
[Added 8-6-1996 by Ord. No. 12-1996]
(1)
The counsel to the Board, also known as the "Legislative
Counsel," shall advise the Board on all legal matters relevant to
the performance of the functions and duties of the Board. He or she
shall act as parliamentarian at all meetings of the Board if so designated
by the Chairman, shall prepare all resolutions required by the Board,
shall review all negotiated contracts prior to approval by the Board
and shall represent the Board in any litigation or dispute with the
Executive Branch.
A.
Appointment; term; compensation. The Board shall create
an office of the Clerk and shall appoint a Clerk to the Board of County
Commissioners and such other personnel to perform functions, including
secretarial, investigative and legislative areas, as may be required.
The Clerk shall serve for a term of three years and shall receive
such compensation as shall be provided by ordinance.
[Amended 11-9-1977; 8-21-1984 by Ord. No. 21A-1984]
B.
Powers and duties. The Clerk of the Board shall have
and exercise all the powers and duties now or hereafter conferred
or imposed upon him or her by the Charter or other applicable laws
or Acts of the Legislature not inconsistent with the Charter and also
such other duties as may be, from time to time, assigned to him or
her by the Board. The Clerk of the Board shall supervise the legislative
and investigative acts of the Board and shall administer the office
of the Clerk of the Board. His or her other duties shall include but
not be limited to the following:
(1)
Recording secretary to the Board. The Clerk shall
keep minutes of the proceedings of the Board and shall engross all
ordinances and all resolutions of a permanent character in the books
to be provided for that purpose. After each ordinance he or she shall
also engross and certify the proof of publication thereof, as required
by law. Each ordinance so engrossed shall be signed by the presiding
officer of the Board and the Clerk, who shall attest that it was duly
adopted upon a date stated, pursuant to law. When so signed, the engrossed
copy shall be deemed to be a public record. Any omission by the Clerk
or presiding officer of the Board to engross, sign or certify as herein
required shall not impair or affect the validity of any ordinance
which has been duly adopted. At the close of each year, with the advice
and assistance of County Counsel, the Clerk shall bind, compile or
codify all the ordinances and resolutions or true copies thereof which
then remain in force and effect. He or she shall properly index the
record books, compilation or codification of ordinances or resolutions.
The Clerk shall supervise the administrative, legislative and clerical
staff of the Board.
(2)
Custodian of records. The Clerk shall have custody
of and shall safely keep all original copies of the records, books
and documents of the County, except such as shall be committed by
Charter or ordinance to any other office or except such as shall be
transferred to any other office by resolution of the Board. He or
she shall provide to the County Executive a copy of all contracts,
bonds or other instruments requiring the consent of the County Executive.
He or she shall, upon request and upon the payment of fees prescribed
therefor by ordinance of the Board, furnish a certified copy of any
such paper in his or her custody, under the seal of the County. The
Risk Manager shall be the depository and custodian of all official
surety bonds furnished by or on account of any County officer or employee
and of all insurance policies upon or with respect to risks insured
for the benefit of the County or to protect it against any claim,
demand or liability whatsoever; all formal contracts for work, labor,
services, supplies, equipment and materials to which the County may
be a party; and all leases of property owned by the County.
[Amended 2-15-1992 by Ord. No. 12-1992]
(3)
Corporate seal. The Board Clerk shall cause the corporate
seal of the County to be affixed to any instruments and writings when
authorized to do so by any ordinance or resolution of the Board or
when necessary to exemplify any document on record in his or her office
or to certify any act or paper which from the records of his or her
office shall appear to have been a public act of the County or a public
document. He or she shall not affix the said seal or permit it to
be affixed to any instrument or writing or other paper, except as
herein provided, unless required to do so by law or ordinance.
(4)
Notice to attend meetings of the board. The Board
Clerk, in addition to issuing notices to the members of the Board,
shall also issue notices to all other persons whose attendance is
required by the Board at any regular or special meetings of the Board.
Such notice shall be in accordance with the schedule which the Clerk
is required to prepare at the organization meeting of the Board.
(5)
Personnel forms. The Clerk of the Board, acting for
the Board of County Commissioners, shall receive a copy of all Civil
Service 6 forms as soon as they have been executed and shall receive
an updated record of other personnel actions immediately upon their
execution.
(6)
Preparation of agenda. The Clerk of the Board shall
prepare an agenda, in writing, for all meetings of the Board, except
special emergency meetings, after consultation with all County Commissioners;
and the same shall be distributed to all County Commissioners at least
24 hours prior to the meeting.
[Added 11-9-1977]
(7)
Coordination of committees. The Clerk of the Board
shall work in conjunction with the respective chairmen of the committees
of the Board and shall coordinate the gathering of information for
use by such committees.
[Added 11-9-1977]
(8)
Assistance to legislative aides. The Clerk of the
Board and his or her staff shall assist all legislative aides in gathering
information in preparing reports, when requested.
[Added 11-9-1977]
(9)
Summaries of work meetings. The Clerk of the Board
shall prepare written summaries of work meetings, which shall include
all issues discussed and decisions reached, copies of which shall
be sent to all County Commissioners
[Added 11-9-1977]
