This chapter, together with all amendments and
supplements thereto, may be cited as the "Administrative Code of the
County of Essex."
It is the purpose of this code is to fulfill
the mandate of the Optional County Charter Law[1] that the Board of County Commissioners organize the agencies
and affairs of the County under the charter plan adopted in the manner
most conducive of efficient and effective delivery of services and
of a high level of public confidence in the conduct of the County's
government.
[1]
Editor's Note: See N.J.S.A. 40:41A-1 et seq.
As of the effective date of this code, the inhabitants
of Essex County shall, within the boundaries of Essex County, continue
and remain a body corporate and politic with perpetual succession.
As of the effective date of this code, the County
of Essex shall be governed by federal law; the Constitution of the
State of New Jersey; the Optional County Charter Law and such other
state laws not inconsistent therewith or otherwise made applicable
by operation of N.J.S.A. 40:41A-26, this code, and all other ordinances
and resolutions duly adopted by the Board of County Commissioners.
A.
It is the intent of the Board in enacting this code:
(1)
To utilize fully the powers granted to the County
by the Optional County Charter Law to organize and regulate Essex
County's internal affairs; create, alter or abolish offices, positions
and employments and define the functions, powers and duties thereof;
establish qualifications for persons holding offices, positions and
employments; and provide for the manner of their appointment and removal
and for their term, tenure and compensation;
(2)
To provide for the establishment of innovative interlocal
service programs in any area of service in which a local unit desires
to contract with Essex County for the County to provide on a contract
basis to the local unit any service which the local unit could provide
for itself or vice versa;
(3)
To delineate with clarity the fundamental separation
of powers between legislative and executive branches of government
which lies at the base of the Optional County Charter Law.
B.
It is further the intent of this code that all grants
of power and assignments of duties and responsibilities be deemed
to include all those powers which are necessarily incidental to or
which may be fairly implied from the grants of power and assignments
of duties and responsibilities herein contained.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
For the purposes of this code 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;
the future includes the present;
B.
The singular number includes the plural, and the plural
the singular;
C.
The time within which an act is to be done shall be
computed by excluding the first and including the last day, but if
the last day be a Saturday, Sunday or legal holiday, then the next
day which is not a Saturday, Sunday or a legal holiday shall be the
last day;
D.
"Writing" and "written" shall include printing, typewriting,
and any other visual mode of communication using paper or similar
material which is in general use, as well as legible handwriting.
Electronic communication is included in this definition.
[Amended 12-13-2006 by Ord. No. O-2006-00016]
E.
Unless specifically indicated, no statement contained
in this code as to appointment or dismissal of any person in County
service is intended to modify or abrogate any provision of N.J.S.A.
11A:1-1 or of any regulation issued hereunder.
[Amended 12-13-2006 by Ord. No. O-2006-00016]
For the purpose of this code and in the interpretation
and application of all other ordinances and resolutions heretofore
or hereafter adopted by the County, except as the context may otherwise
require, the following terms shall have the meanings indicated:
Any functional unit of County Government.
The Board of County Commissioners of the County of Essex.
The laws governing the County as set forth in § 2-4.
The Optional County Charter Law (L. 1972, c. 154; N.J.S.A.
40:41A-1 et seq.), as amended and supplemented, as applicable to Essex
County by its adoption of the County Executive Plan.
For purposes of this chapter, the Essex County Administrative
Code together with any amendments and supplements thereto; for purposes
of other chapters of the Code, the Essex County Administrative Code
together with any amendments and supplements thereto or the Code of
the County of Essex together with any amendments and supplements thereto,
whichever is appropriate in the context.
[Amended 12-13-2006 by Ord. No. O-2006-00016]
The County of Essex, State of New Jersey.
The officer by that title duly elected and serving pursuant
to the Charter.
A primary organization unit or group of organization units
of the County government.
The administrative head of a department and its subdivisions,
regardless of his/her title.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
A suborganization unit or group of organization units of
a department of the County government established by or designated
as a division by this Administrative Code.
The administrative head of a division, regardless of his/her
title.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
A unit of County government within a department whose interaction
with other governments or agencies requires a distinct organizational
structure.
Includes any act or regulation of the Board, except an expense
or capital budget, required to be reduced to writing, published after
introduction, and considered for final passage after public hearing
at a meeting subsequent to the meeting at which it was introduced.
Any corporation, firm, partnership, association, organization
or other entity, as well as an individual.
Includes any act or regulation of the Board, required to
be reduced to writing but which may be finally passed at the meeting
at which it is introduced. The annual budget adopted pursuant to N.J.S.A.
40A:4-1 et seq. shall also be deemed to be adopted by resolution,
even though it cannot be adopted at the meeting at which it is introduced.
All personnel of any type of any department, division or
bureau except such personnel who would perform services which are
provided by any other department, division or bureau.
Nine, regardless of absences or vacancies for any reason
whatsoever. Any requirement for a majority vote of the Board shall
be deemed to require a majority of those present and voting unless
it specifically requires a majority of the whole number of the Board
or the whole number of members of the Board.
