The Executive shall be a qualified voter of
the County, residing in the County. He/She shall be elected from the
County at large for a term of four years commencing on January 1 next
following his/her election.
The salary of the 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 Executive is and shall be a full-time position. The salary of the
Executive may not be lowered during his/her tenure in office.
[Amended 12-13-2006 by Ord. O-2006-00016]
A.
The office of County Executive shall be deemed vacant
if the incumbent moves his residence from the County or he is by death,
physical or mental illness or other casualty unable to continue to
serve as County Executive. Any vacancy in the office of County Executive
shall be filled by election for the unexpired term only at the next
general election occurring not less than 51 days after the occurrence
of the vacancy, except that no such vacancy shall be filled at the
general election which immediately precedes the expiration of the
term in which the vacancy occurs.
B.
In the event a vacancy eligible to be filled by election
hereunder occurs on or before the sixth day preceding the last day
for filing petitions for nomination for the primary election, such
petitions may be prepared and filed for nomination in that primary
election in the manner provided by Article 3 of Chapter 23 of Title
19 of the Revised Statutes.
C.
In the event the vacancy occurs after that sixth day
preceding the last day for filing petitions for nomination for the
primary election, a political party may select a candidate for the
office in question in the manner prescribed in Subsections a. and
b. of N.J.S.A. 19:13-20 for selecting candidates to fill vacancies
among candidates nominated at primary elections . A statement of such
selection under N.J.S.A. 19:13-20 shall be filed with the County Clerk
not later than the 48th day preceding the date of the general election.
D.
Besides the selection of candidates by each political
party, candidates may also be nominated by petition in a manner similar
to direct nomination by petition for the general election; but if
the candidate of any party to fill the vacancy will be chosen at a
primary election, such petition shall be filed with the County Clerk
at least 55 days prior to the primary election; and if no candidate
of any party will be chosen at a primary election, such petition shall
be filed with the County Clerk not later than 12:00 noon of the day
on which the first selection meeting by any party is held under this
section to select a nominee to fill the vacancy.
E.
When the vacancy occurs, the County Clerk of the County
shall forthwith give notice thereof to the chairman of the County
committee of each political party.
F.
During the temporary absence or temporary disability
of the County Executive the Chief Administrator shall serve as Acting
County Executive.
[Added 12-13-2006 by Ord. O-2006-00016]
A.
In the case of a vacancy occurring with respect to
a County Executive who was elected as the candidate of a political
party which at the last preceding general election held received the
largest number of votes or the next largest number of votes in the
County for members of the Board of County Commissioners, for the interim
period pending the election and qualification of a permanent successor
to fill the vacancy, or for the interim period constituting the remainder
of the term in the case of a vacancy occurring which cannot be filled
pursuant to Section 35 of P.L. 1972, c. 154 (N.J.S.A. 40:41A-35) at
a general election, the vacancy shall be filled within 35 days by
a member of the political party of which the person who vacated the
office was the candidate at the time of the candidate's election thereto.
The interim successor shall be selected by the appropriate political
party's County committee in the same manner prescribed in Subsections
a. and b. of N.J.S.A. 19:13-20 for selecting candidates to fill vacancies
among candidates nominated at primary elections. Members of the political
party's County committee who are empowered to select a candidate for
the vacated office shall only nominate a candidate from the floor
during the selection meeting called under N.J.S.A. 19:13-20 by the
chairman or chairmen of the committee and shall present written evidence
of the nominee's acceptance of the nomination. A statement of the
selection of that successor shall be certified to and filed with the
County Clerk in the same manner prescribed by Subsection d. of that
section for certifying statements concerning the selection of such
candidates.
B.
The County Clerk shall thereupon issue to the interim
successor a certificate of selection based upon that filed statement
of selection, and shall sign the Clerk's name and affix the seal of
the state thereto, and shall without delay deliver that statement
to the person so selected.
In order to exercise the executive power of
Essex County, the Executive shall:
A.
Report annually to the Board and to the people on
the state of the County, and the work of the previous year; he/she
shall also recommend to the Board whatever action or programs he/she
deems necessary for the improvement of the County and the welfare
of its residents. He/She may from time to time at his/her discretion
recommend to the Board in a manner consistent with the code any course
of action or programs he/she deems necessary or desirable for the
County to undertake.
B.
In accordance with Article VII hereof, prepare and submit to the Board for its consideration and adoption an annual operating and capital budget and program, establish the schedules and procedures to be followed by all County departments, offices and agencies in connection therewith and supervise and administer all phases of the budgetary process.
C.
Enforce the County Charter, the County's laws and
all general laws applicable thereto.
D.
Supervise the care and custody of all County property,
institutions and agencies placed under his/her control by the Code.
E.
Supervise the collection of revenues, preaudit and control all disbursements and expenditures and prepare a complete account of all expenditures in accordance with Article VII and with state law.
F.
Sign all contracts, bonds or other instruments requiring
the consent of the County.
G.
Review, analyze and forecast trends of County services
and finances and programs of all boards, commissions, agencies and
other County bodies, and report and recommend thereon to the Board.
I.
Negotiate contracts for the County subject to Board
approval; make recommendations concerning the nature and location
of County improvements and execute improvements determined by the
Board.
J.
Assure that all terms and conditions, imposed in favor
of the County or its inhabitants in any statute, franchise or other
contract, are faithfully kept and performed.
K.
Serve as an ex officio nonvoting member of all appointive
bodies in County government.
L.
Ensure that all funds are utilized for the purposes
and programs for which such funds are appropriated in the annual budget.
The Executive:
A.
Shall supervise, direct and control all County administrative
departments.
B.
With the advice and consent of the Board, shall appoint
the County Counsel, the Administrator, the Deputy County Administrators,
the heads of all departments and divisions created within such departments,
and the members of all County boards including advisory boards, commissions
and authorities.
[Amended 9-7-2011 by Ord.
No. O-2011-00011]
C.
May, at his/her discretion, remove or suspend any
official in the unclassified service of the County over whose office
the Executive has power of appointment in accordance with the provisions
of N.J.S.A. 40:41A-87b.
D.
May, at his/her discretion, but subject to the Code
and civil service requirements, delegate to department heads powers
of appointment and removal of their departmental employees. Such delegation
shall be done by filing same in writing with the Clerk to the Board
and with the Newark office of the New Jersey Department of Civil Service.
If the Executive does not so delegate his/her power, he/she may appoint
and remove, subject to civil service requirements, all employees whose
positions have been created in accordance with this code and the manner
of whose appointment or removal is not specified herein.
E.
May require reports and examine the accounts, records
and operations of any agency of County government.
F.
May at his/her discretion order any agency under his/her
jurisdiction as specified in the Administrative Code to undertake
any task for any other agency on a temporary basis if he/she deems
it necessary for the proper and efficient administration of the County
government to do so.
G.
Shall approve each ordinance of the Board by signing
it, or may veto any ordinance by returning it to the Clerk of the
Board within 10 days of passage with a written statement of his/her
objections to the ordinance. If 2/3 of the full membership of the
Board upon reconsideration of the measure shall vote for it, the Executive's
veto shall be overridden and the ordinance shall become law without
the Executive's signature in accordance with the provisions of law.
H.
May order cessation of expenditures by any agency
under his/her jurisdiction when necessitated by a revenue shortfall
or when he/she has cause to believe that the agency is not using the
funds for the purposes for which they were appropriated.
[Added 12-13-2006 by Ord. No. O-2006-00016; amended 9-7-2011 by Ord. No.
O-2011-00011; 12-7-2011 by Ord. No. O-2011-00015]
Essex County Lesbian, Gay, Bisexual, Transgendered and Questioning
Advisory Board. (Pursuant to N.J.S.A. 40:10C-1.) Within the Office
of the County Executive shall be an advisory board known as the "Essex
County Lesbian, Gay, Bisexual, Transgendered and Questioning Advisory
Board," which shall advise the County Executive and governing body
on matters concerning the needs of the lesbian, gay, bisexual, transgendered
and questioning community and the impact of County action on said
community. The Board shall consist of: a) 15 members to be appointed
by the County Executive with the advise and consent of the Board of
County Commissioners who shall be residents of Essex County and shall
represent the lesbian, gay, bisexual, transgendered and questioning
community and who shall serve three-year terms from date of appointment;
except that, for members first appointed, five shall serve a one-year
term, five shall serve for two years, and five for three years; and
b) two members of the Board of County Commissioners appointed by the
Board of County Commissioners.
A.
Intent. It is the intent of this code to delineate
the respective powers and duties of the Executive and the Board in
a manner that will facilitate the efficient operation of Essex County
while maintaining the classic and necessary system of checks and balances
between the executive and legislative branches.
B.
Separation of powers. The term "governing body" of
the County shall be construed to include both the Board of County
Commissioners and the County Executive. For the purpose of the construction
of all other applicable statutes, any and all administrative or executive
functions heretofore assigned by general law to the Board of County
Commissioners shall be exercised by the County Executive, and any
and all legislative functions heretofore assigned by general law to
the Board of County Commissioners shall be exercised by the Board,
all in accordance with the separation of powers provided for in N.J.S.A.
40:41A-86.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
C.
Assistance in respective duties. It shall be the obligation
of the Board and the Executive to assist each other whenever action
is required by one to facilitate the other in performing his/her duties.
To this end:
(1)
The Board shall act on all nominations for appointments presented by the Executive within 28 days after the Executive has filed such nominations pursuant to § 2-18.1 hereof.
(2)
The Board shall observe N.J.S.A. 40:41A-36 and direct
all communications concerning administration through the Executive.
(3)
The Executive shall answer all such communications
in writing within five days of receipt thereof, except as specified
otherwise herein.
(4)
The Executive shall forthwith sign all contracts negotiated by the Board for services to itself subject only to availability of funds and legality of form and shall insure that all vouchers submitted and certified by the Board's approval officer shall, within the limits of available appropriations, be processed and all checks shall be delivered pursuant to § 2-63D forthwith.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
(5)
All persons retained by or on behalf of the Board
shall be subject to Board appointment and removal.
(6)
The Board shall initiate action on all legislative
proposals of the Executive within 90 days after receipt thereof.
(7)
The Executive shall provide the Board with copies of all agency budget requests as received in September and described in Article VII hereof, and an amendments thereto, upon receipt thereof. He/she shall further perform the duties set forth in Article VII in a timely fashion so that the Board may examine and approve the budget in the manner intended by this code and by law.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
(8)
A copy of any proposed salary increase or change in
salary range or title for any employee or position in the executive
branch shall be furnished to the Board at least 10 days prior to the
effective date of such proposals or 48 hours after implementation
of a retroactive salary increase or retroactive change in title or
classification.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
(9)
The Executive shall provide the Board and its members
with offices, equipment and other facilities including provisions
for a Commissioner office in a County facility in each of the Commissioner
districts as requested by the Board, for their exclusive use which
are appropriate and adequate to the governing body of the County.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
D.
Presence at board meetings.
(1)
The Executive shall have the right to be present and
participate in discussions at all Board meetings without the right
to vote.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
(2)
The Executive shall appoint the Administrator or a
comparable senior administrative official who shall be present at
all Board meetings unless otherwise directed by the Board and shall
be qualified to provide a constant and effective communications link
between the executive and legislative branches.
