[1]
Editor's Note: Former §§ 2-19 through 2-28,
as amended, were repealed 9-7-2011 by Ord. No. O-2011-00011.
A.
Resolutions shall set forth the statutory authority
for proceeding by resolution and the statutory or other authority
for the proposed action by the Board. A resolution shall indicate
on its face whether it is being proposed by the executive or legislative
branch.
B.
Resolutions may be introduced by any member of the
Board at any regular Board meeting, in the proper order of business.
Such resolution shall be duplicated and distributed to all members
of the Board and the County Executive at least 48 hours prior to the
conference meeting. Each resolution shall be read by title and in
synopsis form by the Clerk providing copies are available for the
public and further providing that no member of the Board asks for
it to be read in full. A motion to adopt the resolution shall then
be in order, and, upon its being duly seconded, the motion shall be
open to debate and a roll call vote in the usual course.
C.
Resolutions proposed by the executive branch shall
be drafted and approved as to form and legality by the County Counsel.
Resolutions shall be submitted to the Clerk of the Board of County
Commissioners no later than 24 working hours prior to the Board of
conference meeting, preceding the regular Board meeting, at which
such resolution is to be considered. Said hours are to be based upon
a six-hour working day as per the hours worked in the Clerk of the
Board of County Commissioners' office. Resolutions from the executive
branch which shall fail to meet the above-stated deadline shall not
be considered except upon approval of the President of the Board of
County Commissioners.
[Amended 4-8-1981 by Ord. No. O-1981-01537]
D.
The Board may act by resolution in the following areas:
(1)
The conduct of an investigation pursuant to N.J.S.A.
40:41A-86.
(2)
The override of a veto of the County Executive pursuant
to Section 41f. of such act (N.J.S.A. 40:41A-41f.).
[Amended 12-13-2006 by Ord. O-2006-00016]
(3)
Adoption of rules of procedure.
(4)
Establishing the time, date and place of meetings.
(6)
Declaration of emergencies pursuant to § 2-18.2 hereof or emergencies as otherwise authorized by law.
[Amended 12-13-2006 by Ord. O-2006-00016; 9-7-2011 by Ord. No.
O-2011-00011]
(7)
Application for a County department of civil service.
(8)
Appointment and removal of officers as the Board may
appoint or remove.
(9)
Designation of official newspapers pursuant to the
Charter.
(10)
Approval of contracts and state and federal documents
requiring Board approval by resolution.
(11)
Actions specified as resolutions, such as passage
of the annual budget, under the Local Budget Law (N.J.S.A. 40A:4-1
et seq.).
(12)
The expression of such Board policies or opinion as
require no formal Board action.
(13)
Establishment of a municipal advisory council pursuant
to N.J.S.A. 40:41A-29.
(14)
Exercise the power of advise and consent to actions
of the Executive as specified by law or this code.
(15)
The establishment of the Board as a committee of the
whole and the delegation of any number of its members as an ad hoc
committee, both pursuant to Section 86 of such act (N.J.S.A. 40:41A-86).
[Added 12-13-2006 by Ord. O-2006-00016]
(16)
Consent to municipal ordinances or resolutions regulating
traffic or parking on County roads pursuant to Section 1 of P.L. 1957,
c. 69 (N.J.S.A. 39:4-197.2), except that the resolution of consent
shall be subject to the approval or veto of the County Executive,
as provided for in the case of ordinances by Subsection g. of Section
37 of P.L. 1972, c. 154 (N.J.S.A. 40:41A-37g.), and to the requirements
set forth therein for overriding a veto.
[Added 12-13-2006 by Ord. O-2006-00016]
A.
Ordinances shall set forth the statutory authority
for proceeding by ordinance and the statutory or other authority for
the proposed action by the Board. An ordinance shall indicate on its
face whether it is being proposed by the executive or the legislative
branch. Ordinances proposed by the executive branch shall be drafted
and approved as to form and legality by the County Counsel. Ordinances
proposed by the Commissioners shall be drafted and approved as to
form and legality by the Counsel to the Board. Prior to introduction,
each proposed ordinance requiring or permitting administrative action
shall be submitted to the Executive of the County who shall submit
to the Board an opinion as to the administrative implications of the
proposed ordinance. Each ordinance shall have attached thereto a fiscal
note signed by the head of the Department of Administration/Finance
estimating the cost of implementing such ordinance and cost implications
or other impact on the municipalities of the County. Each ordinance
shall be prepared in writing, duplicated and distributed to the members
of the Board at least 48 hours before the conference meeting at which
it may be considered.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
B.
An ordinance may be introduced by any member of the
Board. After passage on first reading, which reading may be by title,
it shall be published in the manner provided by the Charter. A copy
of the proposed ordinance shall also be sent by regular mail to the
Clerk of each municipality in the County not less than one week prior
to the date of hearing on second reading. Prior to the second reading,
a copy of the ordinance shall be posted on the bulletin board or other
place upon which public notices are customarily posted in the building
in which the Board regularly meets, and copies of the ordinance shall
be made available to the general public upon request.
C.
A public hearing shall be held on the proposed ordinance
in the manner provided by the Charter, at which time all persons interested
shall be given an opportunity to be heard concerning the ordinance.
Upon the opening of the hearing, the ordinance shall be given a second
reading, which reading may be by title, and thereafter, it may be
passed by a majority of the whole number of the Board, with or without
amendments, or rejected, if any amendment be adopted altering the
substance of the proposed ordinance the ordinance as so amended may
only be finally adopted pursuant to N.J.S.A. 40:41A-101b(3).
[Amended 4-17-1979 by Ord. No. O-1979-00112]
D.
Upon passage, every ordinance, or its title, together
with a notice of the date of passage or approval, or both, shall be
published in the manner provided by the Charter, and one certified
copy of the full text of every ordinance so adopted shall be filed
with the Clerk of each municipality within the County not later than
10 days after the date of final passage.
E.
Upon passage of each ordinance the Clerk of the Board
shall promptly deliver it to the County Executive. If he/she approves,
he/she shall sign and return it to the Clerk. If he/she disapproves,
he/she shall return it to the Clerk within 10 days after its passage,
together with statement of the reasons for disapproval. If he/she
does not sign the ordinance within 10 days from the date of its passage
and does not return it with a veto message within said period, the
ordinance shall take effect according to its terms, notwithstanding
the failure of the Executive to act.
The Board shall reconsider any ordinance returned
by the County Executive with a veto message pursuant to the Charter.
Such reconsideration of the ordinance shall be at the next meeting
of the Board which occurs not less than three nor more than 30 days
following the return of the ordinance by the County Executive. If
upon such reconsideration, 2/3 of the members of the Board vote to
override the veto, the ordinance shall take effect 10 days thereafter.
Whenever an ordinance has been reconsidered by the Board following
a veto by the County Executive, the Clerk shall append to such ordinance
a certification of the action of the Board upon such reconsideration
in substantially the following form:
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"I HEREBY CERTIFY that the above ordinance adopted
by the Board on the__________ day of____________ 20____, was delivered
to the County Executive on the __________ day of__________ 20____,
and was returned to me on the __________ day of __________ 20____,
together with the County Executive's statement of the reasons for
which he/she constrained to withhold his/hers approval of such ordinance,
item or part thereof. On reconsideration thereof on the __________
day of__________ 20____ (the Board duly resolved by the affirmative
vote of 2/3 of its members to enact such ordinance notwithstanding
the County Executive's veto) or (the County Executive's veto was sustained.)"
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Dated:
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Clerk
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Whenever an ordinance shall take effect without
the County Executive's signature by reason of his/her failure to return
it after its passage, the Clerk shall append to such ordinance a certificate
in substantially the following form:
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"I HEREBY CERTIFY that the above ordinance was
adopted by the Board on the __________ day of __________ 20____, and
was presented to the County Executive duly certified on the __________
day of __________ 20____, and upon his/hers failure to sign it or
to return and file it with the Clerk within 10 days of its passage,
the said ordinance took effect in like manner as if the County Executive
had signed it on the 10th day after it passed."
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Dated:
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Clerk
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No ordinance shall take effect less than 20
days after its final passage by the Board and approval by the County
Executive unless the Board shall adopt a resolution declaring an emergency
and at least 2/3 of all members of the Board vote in favor of such
resolution.
[Amended 12-13-2006 by Ord. O-2006-00016]
The Clerk of the Board shall record all ordinances
and resolutions adopted by the Board and at the close of each year,
with the advice and assistance of the County Counsel and Counsel to
the Board shall compile or codify true copies of all the ordinances
and resolutions adopted during that year, properly indexed. He/she
shall cause sufficient copies thereof to be printed to enable him/her
to file one copy with the Clerk of each municipality within the County,
without charge, and also to make copies available to the general public,
at cost.
