[1]
Editor's Note: Pursuant to N.J.S.A. 40:20-1 et seq., effective
January 1, 2021, the name of the Board of Chosen Freeholders has been
changed to the Board of County Commissioners.
A.
Term. The Board shall consist of nine members whose
terms shall be concurrent in accordance with N.J.S.A. 40:41A-124.
Five members shall be elected from districts as promulgated in accordance
with N.J.S.A. 40:41A-117 et seq., and four shall be elected at large.
B.
Election, vacancies. Commissioners shall be elected
at the annual general election in November. Any vacancy in the Board
not caused by the expiration of a term shall be filled in the manner
prescribed in N.J.S.A. 40:41A-145.1 et seq.
[Amended 12-13-2006 by Ord. No. O-2006-00016]
C.
Compensation. The compensation of members of the Board
shall be fixed annually by the Board.
[Added 4-17-1979 by Ord. No. O-1979-00112]
A.
Date, time and place. During the month of December
each year the Board shall, by resolution, establish the date, time
and place it shall meet during the first week of January to hold its
annual organization meeting.
B.
Organization meeting agenda. At its annual organization
meeting the Board shall by majority vote of the whole number of its
members elect from among its number one Commissioner to serve as President
and another to serve as Vice President. The Board shall also undertake
at that meeting such other business as is necessary for the continuity
of the County's government pending the year's first regular business
meeting, including the adoption of bylaws not inconsistent with this
code.
A.
The President and Vice President shall serve for a
term of one year and until their successor has been duly elected and
qualified. Each may be reelected to successive terms.
B.
The President shall preside over all meetings of the
Board, exercise overall supervision over the central staff of the
Board, appoint all members to committees of the Board, and by his/her
signature thereto authenticate all ordinances and resolutions passed
by the Board. In the absence or inability to serve of the President,
the Vice President shall act in his/hers place and stead. In the absence
or inability to serve of both the President and Vice President, the
Board shall elect from among its members a President Pro Tempore for
the meeting to serve only so long as both the President and Vice President
are absent or unable to serve.
C.
The Board
President shall have exclusive authority to appoint two members of
the Board of County Commissioners to serve as voting members on advisory
committees. At the request of any member of the Board so appointed,
the President shall appoint an alternate to serve in the place of
or in the absence of such member.
[Added 9-7-2011 by Ord.
No. O-2011-00011]
The legislative and investigative powers of
County government as granted by the Optional County Charter Law shall
be vested in the Board. Pursuant to the grant of powers in the Charter,
the Board shall:
A.
Adopt and amend an Administrative Code organizing
the administration of the County government, setting forth the duties
and responsibilities and powers of all County officials and agencies,
and the manner of performance needed. Nothing in the Administrative
Code shall change the duties or powers of County officers whose existence
is mandated by the constitution or shall diminish the duties, responsibilities
or powers of the Executive or County Administrator.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
B.
Advise and consent to appointments of all department
heads and division directors, the County Counsel and Administrator,
the members of all boards, commissions and authorities and of such
other unclassified positions for which such advice and consent may
be permitted by law.
C.
Pass in accordance with law whatever ordinances and
resolutions it deems necessary and proper for the good governance
of the County.
D.
Appoint a Clerk to the Board pursuant to § 2-17 hereof and shall appoint a member of the staff as Deputy Clerk, in conformance with the New Jersey Department of Personnel Specifications, to serve in the absence of the Clerk to the Board.
[Amended 4-17-1979 by Ord. No. O-1979-00112; 9-7-2011 by Ord. No. O-2011-00011]
E.
Appoint a Counsel to the Board to serve at the pleasure
of the Board.
F.
Pass a resolution of disapproval or dismissal, subject
to the provisions of N.J.S.A. 40:41A-87b.
G.
Override a veto of the County Executive by a two-thirds
vote of its full membership.
H.
Approve the annual operating and capital budgets by
resolution pursuant to the Local Budget Law.
I.
Appoint annually a registered municipal accountant
of New Jersey to perform an independent audit of the County's books,
accounts and financial transactions pursuant to N.J.S.A. 40A:5-4.
J.
Conduct such investigations as are germane to the
exercise of its legislative and budgetary powers under the code and
as otherwise authorized by law.
K.
Designate which of the Board's staff shall be responsible
for process in and approving funding requests by the Board and its
staff for submission to the Department of Administration and Finance.
L.
Order cessation of expenditures in any appropriation
they have approved for any agency not under the jurisdiction of the
Executive if it is apparent to the Board that funds are not being
used for the purposes authorized or are being misused, or if the possibility
of overexpenditure exists.
M.
Be vested with the exclusive power to name County
buildings, roads, or other facilities. This power shall be exercised
by ordinance. However, should the Board desire, as an expression of
policy or opinion, to temporarily rename a County building, road or
facility in commemoration of some individual or special event, for
a period not to exceed one month, then such expression of Board policy
or opinion may be done by resolution.
[Added 10-24-1979 by Ord. No. O-1979-00344]
In addition to persons appointed pursuant to § 2-11 above, the Board may, within the limits of budgetary appropriations for such purposes, retain such other professional and clerical staff and consultants as may be necessary to assist them in the proper performance of the responsibilities imposed on them by law.
A.
Regular meetings. Within seven days of the annual organization meeting, a schedule of meetings shall be adopted by resolution pursuant to § 2-18.2 hereof. There shall be at least one regular Board meeting each year in each of the five districts.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
B.
Special meetings. The President may and, upon written
request of three 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 be filed with the Clerk
of the Board during regular business hours at least 48 hours before
the time for which the meeting is called, and the Clerk shall forthwith
serve notice thereof 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. The Clerk shall also forthwith mail, telephone,
e-mail or hand deliver copies of the call to at least two newspapers
designated for such notices and post at least one copy in a prominent
place near the entrance to the meeting place in the place reserved
for such or similar announcements and file a copy with the County
Clerk.
[Amended 4-17-1979 by Ord. No. O-1979-00112; 12-13-2006 by Ord. No. O-2006-00016; 9-7-2011 by Ord. No. O-2011-00011]
C.
Emergency meetings. The President, under the provisions of Article II, may call an emergency meeting when such emergency affects the public health, safety or welfare and requires an immediate decision.
[Amended 9-7-2011 by Ord.
No. O-2011-00011]
D.
All meetings of the Board shall conform to Article III and to N.J.S.A. 10:4-6 et seq. The Board shall hold its meetings at the Hall of Records, Newark, New Jersey, unless by resolution it determines to hold a meeting at some other location in Essex County.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
In addition to such rules as may be set forth
in bylaws adopted by resolution of the Board pursuant to N.J.S.A.
40:41A-100, the following rules of procedure shall apply:
A.
Presiding officers. The President, and in his/her
absence the Vice President, shall take the Chair at the time appointed
for the meeting and shall call the Board to order. In the absence
of the President and Vice President, the Clerk shall call the Board
to order, determine whether a quorum is present and if so, he/she
shall call for election of a president pro tem who shall take the
Chair as soon as elected. When the President or Vice President arrives,
the president pro tem shall relinquish the Chair.
B.
Quorum. Five members of the Board shall constitute
a quorum.
C.
Attendance. At the beginning of each regular or special
Board meeting, the Clerk shall call the roll in alphabetical order,
except that the presiding officer shall be called last, and enter
the names of those present in the minutes. If any member arrives or
is excused after the roll call, his/her arrival or departure time
shall be entered in the minutes. Should no quorum attend within 30
minutes after the hour appointed for the meeting, the presiding officer
shall adjourn the meeting until the next day, unless by unanimous
consent the members present select another hour or day. The Clerk
shall record in the minutes the names of members present and the action
taken.
D.
Order of business.
(1)
At each regular meeting of the Board, the order of
business shall be as follows:
(a)
Roll call.
(b)
Pledge of allegiance, moment of silence.
(d)
Approval of the minutes of the previous regular
and intervening special meetings. Minutes need not be read at length
if they have been distributed to members at least 24 hours before
the meeting.
(e)
Communications.
(f)
Public comment on agenda items.
(h)
Resolutions.
(i)
Reports of Board committees.
(j)
Written communications and petitions.
(k)
Administrative communications.
(l)
Unfinished business.
(m)
New business.
(n)
Public comment.
(o)
Commissioner comment.
(p)
Adjournment.
(2)
Citizens may be heard on any matter requiring a vote
before the vote is taken.
E.
Rules of order. As to any matter of procedure not
prescribed by law or by the Board, the conduct of the matter shall
be determined by reference to the most recent edition of Robert's
Rules of Order, Newly Revised.
F.
Right of presiding officers. The presiding officer
may move and second from the Chair and shall not be deprived of any
of the rights or privileges or Board membership by reason of presiding,
except that if the President wishes to join in debate he/she shall
relinquish the Chair while engaged in such debate.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
G.
Voting. The vote on every resolution or ordinance
shall be taken by roll call votes. The sequential call of such votes
during each meeting shall alternate between calls in alphabetical
order and calls in reverse alphabetical order. The vote of each member
shall be entered on the minutes. During roll call, no member shall
discuss or explain his/her vote.
In order to fulfill its legislative functions,
the Board may, from time to time, establish legislative committees
in areas such as intergovernmental relations, planning and policy,
fiscal affairs, and Administrative Code revision. Such committees
shall be established by resolution for a definite period, and members
of such committees shall be appointed by the President. During the
existence of such committees, any current or proposed law or problem
which might lead to legislation by the Board and which the Board deems
worthy of study in depth before full legislative consideration by
the Board sitting as a committee of the whole may be referred by majority
vote of the Board to the appropriate committee for study.
[Amended 4-17-1979 by Ord. No. O-1979-00112; 9-7-2011 by Ord. No. O-2011-00011; 2-8-2012 by Ord. No.
O-2012-00005]
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; at least 14 days prior to any person's appointment as
Clerk his/her curriculum vitae shall be made available to the public
and posted in the manner of public notices. The Clerk shall:
A.
Attend all meetings of the Board.
B.
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.
C.
Keep and compile all ordinances, resolutions and minutes
and retain in his/her custody for safekeeping all papers necessary
and appropriate to Board functions.
D.
Have custody of the County Seal, and may affix it
to appropriate documents without charge.
E.
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.
F.
Provide to the County Executive in a timely manner
all documents requiring his/her signature.
G.
Prepare an agenda for each Board meeting and cause
same to be delivered to the Board, the Executive and the Administrator
at least 72 hours before such meeting.
I.
Provide for the mailing of all notices and copies of documents to municipalities as is required under § 2-18.2.
J.
Supervise such secretarial and other staff as the
Board shall provide for itself in the annual budget.
There shall be a Counsel to the Board who shall
be appointed by the Board to serve at its pleasure. Counsel to the
Board shall advise the Board on legal matters pertinent to Board functions
and duties. He/she shall act as parliamentarian at Board meetings
if so designated by the President, shall prepare resolutions and ordinances
as required by the Board, review negotiated contracts prior to Board
approval and represent the Board in any litigation or dispute with
the executive branch, and represent the Board in any appeals from
the Planning Board.
[Added 12-13-2006 by Ord. No. O-2006-00016]
A.
Where the Charter requires that the power of appointment
by the Executive is subject to the advice and consent of the Board,
the Executive shall communicate to the Board, in writing, at least
14 days before such appointment should be considered the name of his/her
nominee for appointment together with a curriculum vitae indicating
the qualifications of such nominee for the office proposed. Such curriculum
vitae shall immediately become available to the public and shall be
posted in the manner and place of posting public notices. Whenever
more than one appointment is to be made to a commission or other multimember
body, the Board shall consider and vote upon each nominee separately.
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. 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. A group
of nominations may be considered together upon a majority vote of
the Board where there is no apparent division in the Board as to the
nominees included in the group.
[Added 12-13-2006 by Ord. O-2006-00016]
The County shall operate under and comply with
the provisions of the Open Public Meetings Act (N.J.S.A. 10:4-6 et
seq.) in the notification and conduct of meetings.
