A.
General. There shall be eight departments organized
under the jurisdiction of the Executive. They shall be:
B.
Intent. It is the intent of this code to establish
basic units for the conduct of County affairs and performance of services.
The Board recognizes that only through day-to-day administration can
the full details of County reorganization be completed at the lower
operational levels. Since this administration is within the province
of the Executive, the Board intends that the Executive be allowed
to present to the Board proposed organizational plans within divisions
and that if the Board has not expressed its disapproval of such plan
by resolution within 30 days of receipt thereof, the Executive is
authorized to promulgate same as an administrative regulation.
[Amended 12-13-2006 by Ord. No. O-2006-00016]
C.
Qualifications of department heads and division directors.
Each department head shall have advanced academic training and significant
practical experience in at least one discipline within the department's
area of concern and proven administrative ability. The head of each
division shall have some formal training in the major function of
that division and some practical experience therein.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
D.
Advisory boards.
[Added 4-17-1979 by Ord. No. O-1979-00112]
(1)
In all instances in which advisory boards are created
under this article, they shall consist of at least five members plus
two Commissioner members. The members shall all be nominated by the
Executive subject to the advice and consent of the Board.
(2)
Each advisory board shall have broad authority to
organize itself and to study the functions and services in its area
of concern and to propose such programs and innovations as it in its
experience feel would be beneficial to the County and its citizens.
(3)
The composition of each advisory board shall be such
that it reflects the population of the County and the public served
by the agency being advised. To the greatest extent possible such
boards shall have diverse racial and political representation as well
as representation of both sexes.
(4)
Advisory boards shall be provided with such meeting
facilities and secretarial and logistical assistance as is necessary
for them to fulfill their function of advising the Executive, the
Board, and the department to which they are attached. Each department
shall be responsible for the provision of such assistance as is required
herein.
A.
Department generally. There shall be a Department
of Administration and Finance, the head of which may be the Administrator.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
B.
Divisions. The work of the Department shall be organized
among and within divisions designated as follows:
C.
Division of Budget and Management. The head of the
Division of Budget and Management shall be the division head. The
Division, under the direction and supervision of the Administrator,
shall:
[Amended 4-17-1979 by Ord. No. O-1979-00112]
(1)
Assist the Executive in preparing and evaluating budget
estimates and preparing comprehensive operating and capital budgets.
(2)
Study present and future program needs, consider alternative
means of satisfying these needs, recommend to the Executive new and
revised programs, and continually review existing operations to determine
how they may be improved.
(3)
Develop, install and enforce a system of work programs
and quarterly allotments for budget operations.
(4)
Maintain continuing and specialized study of County
organization and management in the interest of economy and efficiency.
(5)
Develop and report to the Executive and the Board
appropriate unit costs of budget expenditures.
(6)
Assist the departments and other budgeted agencies
in the evaluation and selection of federal and state-aid programs
of interest to be County and expedite the requisite applications.
(7)
Develop and maintain management information systems
which keep the Executive and the Board informed of trends and progress
in the County government and problems which may be anticipated.
(8)
Review, evaluate and recommend electronic data processing
systems and their applications in the management of County functions.
(9)
Be responsible for implementation, management and
enforcement of grants management procedures.
(10)
Develop, implement and monitor a contract administrative
system.
(11)
Develop, implement and monitor a grant management
payroll allocation system for all Essex County grants.
(12)
Be responsible for financial control of contracts
and reporting procedures and compliance for all Essex County grants.
(13)
Be responsible for financial control of contracts
and reporting procedures and compliance for all federal and state
reimbursements to Essex County.
(14)
Be responsible for quantitative analysis of grants
and reimbursements as may be required.
(15)
Be responsible for updating and monitoring the Essex
County indirect cost allocation rate, and developing new application
of said rate; coordinate with federal and state agencies as to the
utilization of said rates.
(16)
Be responsible for providing assistance in the development
of all grant applications regarding financial controls and contracts
and report procedures.
(17)
Report to the Executive and Administrator for submission
to the Board of any and all discrepancies or variations which might
create budget overexpenditures and any and all information of an unusual
nature with regard to the operation and administration of all grants
so that the Executive and the Board shall be notified at the earliest
possible date of any difficulty in the administration of any grant.
D.
Division of Accounts and Control.
(1)
The head of the Division of Accounts and Control shall
be the County Controller. Under the direction and supervision of the
Controller, the Division shall:
(a)
Install and maintain the County's central accounting
system and records.
(b)
Prescribe and enforce a uniform system of accounts
for all departments and other budgeted agencies under the County government,
provided that such system shall, insofar as consistent with sound
accounting principles, facilitate the production of records of the
cost of performance of each functional program or activity, measured
in such cost units as may be prescribed or approved by the Executive.
(c)
Preaudit and warrant for payment all bills,
claims and demands against the County, including payrolls.
(d)
Require reports of receipts and disbursements
of each department and other budgeted agency to be made daily or at
such intervals as the Controller may determine will most efficiently
protect the County's interest.
(e)
Operate and maintain a central payroll system
covering all personnel paid out of funds appropriated by the Board.
(f)
Control all expenditures to assure that budget
appropriations and quarterly allotments are not exceeded; pass upon
each proposed expenditure for conformity with the Charter and this
code; and warrant that payment of bills, claims and demands and payrolls
upon the proper certification of the appropriate department head and
in accordance with the results of the preaudit.
(2)
Unless the Controller shall certify that there is
an unencumbered balance of appropriations and funds available within
the approved allotment, no appropriation shall be encumbered and no
expenditures shall be made by any department. The Division shall install
and maintain books and records of account for the exercise of the
financial and budgetary controls herein required.
E.
Division of the Treasury.
(1)
The head of the Division of the Treasury shall be
the County Treasurer. The Division, subject to the direction and supervision
of the Director shall:
(a)
Receive and deposit all funds of the County
in depositories designated by the Board; and report quarterly to the
Board or more often, as provided by law, amounts deposited, the institutions
of deposit, and rates of interest.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
(b)
Maintain and reconcile records of deposits and
withdrawals from all County depositories.
(c)
Manage the investment of idle County funds pending
their need for current operations and have custody of all investments
and invested funds of the County government, or in the possession
of the County in a fiduciary capacity, except as may be otherwise
provided by law.
(d)
Administer the County debt, and have the safekeeping
of all bonds and notes of the County and the receipt and delivery
of County bonds and notes for transfer, registration or exchange.
(e)
Make disbursements of County funds, upon warrant
of the Controller by an individual warrant check for each bill, claim,
and demand authorized to be paid, as audited and allowed by the Controller,
except that a single warrant may be used for an entire payroll or
part of a payroll.
(2)
Each warrant check shall be authorized, signed and countersigned as provided in Article VII of this code. The Executive of the County may prescribe such additional procedures for the control of disbursements as may be desirable to protect the public interest.
(3)
Access to safe deposit boxes used or rented by the
County shall be restricted to the County Treasurer or acting Treasurer
in conjunction with the County Executive or his/her designee.
F.
Division of Purchasing. The head of the Division of
Purchasing shall be the Purchasing Agent. The Division, subject to
the direction and supervision of the Purchasing Agent, shall:
[Amended 4-17-1979 by Ord. No. O-1979-00112]
(1)
Establish, maintain and operate, in accordance with
regulations prescribed by the executive officer, a centralized purchasing
system for the procurement, storage and distribution of supplies,
materials, equipment, real estate and insurance required by any and
all County departments and budgeted agencies.
(2)
Be responsible for the collection, sale and disposal
of surplus property.
(3)
Develop and install a comprehensive inventory and
control system for all equipment.
H.
Division of Human Resources. The head of the Division
of Human Resources shall be the Personnel Director. The Division,
subject to the direction and supervision of the Director, shall:
[Amended 9-7-2011 by Ord.
No. O-2011-00011]
(1)
Develop and administer the County's personnel program,
including up-to-date job classification and pay plans, active recruitment
of needed personnel and in-service training programs.
(2)
Design, install and maintain personnel records for
each County officer and employee, including the education, training
and experience of the employee, any professional or trade licenses
held, all personnel actions taken with respect to the employee, compensation,
civil service and pension status and such other pertinent information
as the Executive may determine.
(3)
Develop, install and administer an orderly procedure
for the consideration, review and adjustment of employee personnel
problems.
(4)
Coordinate the processes of appointment and removal
of County employees within the various departments and, to this end,
review and report on proposed appointment, promotions, transfers and
discharges to the Executive and the Board.
(5)
Study present and future area labor market trends
and wage levels.
(6)
Assist the Executive and Administrator in evaluating
the personnel component of future program needs.
(7)
Assist the Executive and the Board to insure that
the County shall take affirmative action to recruit, appoint, evaluate
and promote employees without regard to race, sex, color, marital
status, religion, age, physical disability, political affiliation,
national origin or liability for service in the armed forces of the
United States. It is the policy of Essex County government to provide
equal employment opportunities. This policy shall apply to all phases
of employment, including but not limited to recruitment, hiring, placement,
promotion, transfer, layoff, recall or termination, rates of pay or
other forms of compensation and selection for training.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
(a)
All persons including handicapped and minority
persons, applying to any department or instrumentality of the County
for employment shall be required to file an application and to apply
to take any test required for employment, regardless of whether vacancies
exist at the time of the application. Such applications shall be reviewed
periodically, and whenever a vacancy occurs, and before advertising
the same to the public, applicants on file shall be contacted to determine
if they are still desirous of filling such vacancy; Affirmative action
shall be a constant and ongoing activity; therefor, plans, goals and
statistics shall be under constant review;
(b)
There is hereby established the full-time position
of Affirmative Action Officer, Personnel Division, who shall:
[1]
Review affirmative action plans submitted by
all County departments and instrumentalities, including their recruitment
procedures and records.
[2]
Recommend and develop programs to insure upward
mobility of all employees and those serving in appointive positions.
[3]
Recommend and develop relevant training programs.
[4]
Review and update statistics relating to affirmative
action goals.
[5]
Be responsible for informing all employees of
their rights and available remedies for redress of grievances.
[6]
Circulate all vacancies and new positions to
all County employees prior to public advertising. Such advertising
shall be made through minority as well as the regular news media and
by notice to the major women's and minority organizations within the
County. Such advertising shall be accompanied by the statement: "Essex
County is an equal opportunity employer."
[7]
Be responsible for seeing that each department
or instrumentality of the County prepares and submits an Affirmative
Action Plan, which shall be reviewed at least every nine months. Such
plans shall include guidelines for upward mobility and personnel data
identifying areas of under-utilization of women, the handicapped and
minorities, with specific goals for remedying such areas. Such updating
shall contain a review of department employees, showing progressions
in equal opportunity for their advancement in measure commensurate
with their abilities. They shall also contain accurate up-to-date
job descriptions for each position. The Affirmative Action Officer
shall have available full job descriptions and salary ranges for each
position in County government, and shall have input into decisions
regarding appointive position.
(c)
The Affirmative Action Officer shall be directly
responsible to the County Executive, and through him/her, to the Board,
in all matters relating to affirmative action.
(d)
Grievances involving equal employment opportunity
shall be grieved in the same manner as prescribed for other employee
grievances.
(8)
Provide assistance in collective bargaining for the
County as the Executive may direct.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
I.
Division of Public Information. Within the Department
there shall be a Division of Public Information. Under the direction
and supervision of the department head, the Division shall develop
a public information program to provide the public with information
or understanding of County programs and activities.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
J.
Other responsibilities.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
(1)
Retirement system. The department head shall further
be responsible for the continuation of the existing County Employees
Retirement System through the Department of Administration and Finance.
(2)
Administrative rules and regulations.
(a)
The Executive through the Department of Administration
and Finance shall:
[1]
Make, promulgate and enforce rules and regulations
governing care, use and custody of County property, the rendering
of services of any department, and the conduct and discipline of employees
in any department.
[2]
Make no rule or regulation, except such as relates
to the organization or internal management of the County government
or a part thereof, which shall take effect until at least 10 days
after it is filed with the Clerk of the Board and with the Clerk of
each municipality in the County and it has been published at least
once in the manner provided by law for the publication of official
notices. A declaration by the County Executive that an emergency situation
affecting public health, safety and welfare exists shall permit immediate
implementation of such rule or regulation.
(b)
All rules and regulations relating to the organization
or internal management of the County or any part thereof shall become
effective 15 days after being filed with the Clerk of the Board and
posted prominently in the offices of all affected agencies. A declaration
by the County Executive that an emergency situation affecting public
health, safety and welfare exists shall permit immediate implementation
of such rule or regulation.
A.
General purpose.
(1)
The Essex County Hospital Center, the Essex County
Geriatrics Center and the various community health facilities and
programs shall be and constitute a department of the County for the
purpose of planning, coordinating and supervising the administration
of the divisions thereof, as hereinafter provided. The head of the
Department shall be responsible to the County Executive for its operation.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
(2)
The Department of Health and Rehabilitation, in addition
to its other responsibilities and functions, is also established as
the County's Health Department pursuant to N.J.S.A. 26:3A2-6(b) of
the Local Health Services Act, N.J.S.A. 26:3A2-1 et seq., and shall
exercise all the powers authority provided to a County health department
under the Local Health Services Act, the County Environmental Health
Act, N.J.S.A. 26:3A2-21 et seq., and otherwise provided bylaw. These
powers and responsibilities shall be exercised under the Department
directly or may be exercised, in whole or in part, by the Division
of Community Health Services, as the Department Director shall determine.
[Added 3-25-1992 by Ord. No. O-1992-00001]
B.
Departmental organization. The Department shall be
organized as follows:
[Amended 9-24-1980 by Ord. No. O-1980-01073]
C.
Division of Essex County Hospital Center. Under the
direction and supervision of the Division Director, the Division shall
be responsible for the operation of the Essex County Hospital Center.
E.
Division of Community Health Services.
(1)
Functions and responsibilities. Under the direction
and supervision of the Department Head, the Division of Community
Health Services shall:
[Amended 4-17-1979 by Ord. No. O-1979-00112]
(a)
Be responsible for the diagnostic evaluation
and treatment of County residents, children through young adult ages,
and related adults.
(b)
Provide psychiatric treatment, psychotherapy,
casework, alcoholism, drug treatment and counseling on both an individual
and group basis.
(c)
Provide educational training to needy children.
(d)
Supply various mental and public health assistance.
(e)
Receive, expend, and administer funds made available
for public and community health purposes pursuant to law, in the same
manner as all other County funds are received and expended.
(f)
Promote or provide medical and health services
for inmates of prisons or jails maintained and operated by the County.
(g)
Maintain and operate or provide for public health
centers and clinics to provide basic health, education, alcoholism
and drug treatment services, or environmental health services, as
may be permitted by law.
(h)
This Division may contract with non-County agencies
to provide health services as allowed by law.
(i)
Maintain and provide such facilities and services
for the handicapped as may be provided for by law, and coordinate
and promote other programs for the handicapped.
(3)
Division head. The Director of the Division of Community
Health Services shall be the head of the Division and shall be responsible
to the head of the Department for its operation.
F.
Office of the Disabled
[Added 9-24-1980 by Ord. No. O-1980-01073; amended 9-7-2011 by Ord. No. O-2011-00011]
(1)
Under the direction and supervision of a Coordinator,
the office shall be responsible for:
(a)
Promoting communication and coordination among
the federal and state programs that assist the handicapped in Essex
County.
(b)
Developing a meaningful public awareness program
on the rights of the handicapped.
(c)
Securing private and public compliance with
Sections 503 and 504 of the Rehabilitation Acts of 1973 and 1978.
(2)
There shall be an Advisory Board on Handicapped Services.
A.
Department generally. There shall be a Department
of Citizen Services, the head of which shall be the Director. The
Department of Citizen Services shall be responsible for the administration
of all service areas providing direct human services to individuals
and families and shall act as a contact agency for those other government
and nongovernment agencies which provide such services.
B.
Divisions. The work of the Department shall be organized
among and within Divisions designated as follows:
C.
Division of Family Assistance and Benefits. There
shall be a Division of Family Assistance and Benefits, the head of
which shall be the Family Assistance and Benefits Director.
[Amended 2-17-2016 by Ord. No. O-2016-00004]
(1)
Powers and duties. Under the direction and supervision
of the Director, the Division shall have, exercise and discharge all
the functions, powers and duties of a County welfare board.
(2)
Family Assistance and Benefits Advisory Board. There
shall be a County Family Assistance and Benefits Advisory Board, consisting
of not less than five residents of the County who shall be nominated
by the County Executive and with the advice and consent of the Board,
appointed to nonconcurrent five-year terms. Of the first Advisory
Board so appointed, at least one shall be appointed for a one-year
term, one for a two-year term, one for three years, one for four and
one for five years. The Family Assistance and Benefits Advisory Board
shall advise and consult with the Division Director, the Department
head, the Executive and the Board on all matters relating to welfare
and related services within the County.
D.
Division of Consumer Services.
[Amended 2-11-1981 by Ord. No. O-1981-01404; 4-28-1982 by Ord. No. O-1982-02351; 11-23-1983 by Ord. No. O-1983-03722]
(1)
Within the Department there shall be a Division of
Consumer Services. Under the direction and supervision of the Division
Director, the Division shall:
(a)
Have, exercise and discharge the functions,
powers and duties of a County Superintendent of Weights and Measures
as heretofore or hereafter authorized by laws and exercise such other
functions to protect consumers as the Board shall authorize.
(b)
Plan, develop and administer programs and activities
of interest and benefit to consumers within the County and coordinate
such services otherwise made available by federal, state and municipal
agencies.
(c)
Provide services and assistance to veterans
and/or coordinate within the County such services as provided by federal,
state and municipal agencies and as heretofore or hereafter authorized
by general law, ordinance or resolution.
(d)
Cooperate in and encourage the coordination
of such volunteer services as may now exist or as may hereinafter
be created within the County with private volunteer services.
(e)
Have, exercise and discharge the functions,
powers and duties of a County Office of Consumer Affairs as heretofore
or hereafter authorized by law.
(2)
There shall be a County Extension Service to provide
programs to help Essex County citizens become more proficient in agriculture
and family living. The County Extension Service shall also provide
programs for youth development. The Extension Service, being a part
of Rutgers University, and required as such to fulfill obligations
mandated by that institution, shall prepare a yearly budget in accordance
with the university guidelines, as well as established County procedures.
[Added 2-8-1984 by Ord. No. O-1984-03905]
E.
Division of Senior Services.
[Amended 1-21-1981 by Ord. No. O-1981-01356; 8-15-2007 by Ord. No. O-2007-00021]
(1)
Within the Department there shall be a Division of
Senior Services. Under the direction and supervision of the Division
Director, the Division shall have, exercise and discharge the functions,
powers and duties of the Division of Senior Services as heretofore
or hereafter provided by general law, ordinance or resolution.
F.
Division of Youth Services.
[Amended 1-21-1981 by Ord. No. O-1981-01356; 8-8-1984 by Ord. No. O-1984-04362]
(1)
Under the direction and supervision of the Director,
the Division shall:
(a)
Provide for the temporary custodial care, without
physical restriction, of juveniles who are homeless or abandoned,
abused, neglected or cruelly treated, or awaiting court disposition
and provide for juvenile/family crisis intervention, in accordance
with state law and rules and regulations pertaining thereto. The Division
may also receive and expend funds in the same manner as all other
County funds are received and expended, for the purpose of providing
counseling or support services for youths, including juveniles and
families in crisis, and as provided by law, may coordinate other youth
and family services.
(b)
Operate and maintain in a safe, sanitary and
humane manner the Youth House and have and exercise custody according
to law of such persons as may be committed thereto by any court of
competent jurisdiction, according to the terms of such commitment.
[Added 4-17-1985 by Ord. No. O-1985-00005]
(2)
Youth Services Commission. Within the Division there
shall be an advisory board known as the "Youth Services Commission."
G.
Miscellaneous functions. The Department will also
have, exercise and discharge the functions, powers and duties of the
Youth and Economic Rehabilitation Commission as permitted by law.
[Amended 4-17-1979 by Ord. No. O-1979-00112]
H.
Departmental Advisory Boards. The Department shall
have the following advisory boards:
[Amended 4-17-1979 by Ord. No. O-1979-00112; 1-21-1981 by Ord. No. O-1981-01356]
(1)
Advisory Board on Citizen Services for the Department of Citizen Services. The existing Essex County Citizens Services Council is hereby recognized as the Departmental Advisory Board on Citizen Services. This Departmental Advisory Board shall be organized in accordance with § 2-68D(1) of this Administrative Code, and its membership shall include one designated representative of each of the following bodies within the Department:
(a)
Advisory Board for Division of Senior Services.
[Amended 8-15-2007 by Ord. No. O-2007-00021]
(b)
Division of Family Assistance and Benefits Advisory
Board.
[Amended 2-17-2016 by Ord. No. O-2016-00004]
(c)
Youth Services Commission in accordance with
the State of New Jersey Administrative Code Subchapter 2, County Youth
Services Commission, 13:90-2.1 et seq.
[Amended 8-8-1984 by Ord. No. O-1984-04362; 4-15-2009 by Ord. No. O-2009-00011]
(d)
Advisory Board on Status of Women.
(e)
Extension Service.
(f)
Community Action Board.
(2)
Advisory Board on the Status of Women. Within the
Department there shall be an Advisory Board on the Status of Women.
(3)
Veterans' Advisory Board.
[Added 12-14-1988 by Ord. No. O-1988-00039]
(a)
The purpose for which this Advisory Board is
established shall include, but is not limited to, addressing the concerns
of our veteran population and to accord them recognition for their
devotion and patriotism to the United States of America.
(b)
The Board shall consist of 15 members, the majority
of whom shall be veterans.
(c)
Members shall serve a three-year membership term from date of
appointment, except that for inaugural members appointed, five shall
serve for a one-year term, five for a two-year term and five for a
three-year term.
[Added 9-25-2013 by Ord. No. O-2013-00012]
(d)
There shall be two representatives of the Board of County Commissioners
appointed by the Board of County Commissioners.
[Added 9-25-2013 by Ord. No. O-2013-00012]
(4)
Hispanic Advisory Board (pursuant to N.J.S.A. 40:10C-1).
Within the Department of Citizen Services shall be an advisory board
known as the Hispanic Advisory Board which shall advise the Department
and governing body on matters concerning the needs of the Essex County
Hispanic community and the impact of County action on said community.
The Board shall consist of: a) five members to be appointed by the
County Executive with the advice and consent of the Board of County
Commissioners who shall be residents of Essex County and shall represent
the Hispanic community and who shall serve three-year terms from date
of appointment, except that, for members first appointed, one shall
serve a one-year term, two for two years and three for three years;
and b) two members of the Board of County Commissioners appointed
by the Board of County Commissioners.
[Added 8-14-1991 by Ord. No. O-1991-00015]
A.
Department generally. There shall be a Department
of Law, the Director of which shall be the County Counsel. The County
Counsel shall be appointed by and shall serve at the pleasure of the
Executive.
B.
Staff appointments. There shall be appointed, within
available appropriations, Assistant County Counsels, one of whom may
be designated as Deputy County Counsel, Inspector General, secretaries,
clerical personnel, law Clerks and investigators. Each assistant and
all other employees in the Department shall have and exercise such
powers and duties within the Department as shall be allocated and
assigned to him/her by the County Counsel.
[Amended 9-7-2011 by Ord.
No. O-2011-00011]
C.
Department duties.
[Amended 4-17-1979 by Ord. No. O-1979-00112; 11-12-1980 by Ord. No. O-1980-01206]
(1)
The County Counsel shall be the chief legal advisor
of the executive branch and of each constitutional officer; and the
attorney of record in all civil proceedings wherein the executive
branch or a Constitutional officer shall be a party.
(2)
The Department, under the supervision of the County
Counsel, shall:
(a)
Advise the Executive, all agencies under his/hers
jurisdiction and the constitutional officers when requested to do
so, with respect to their official responsibilities.
(b)
Supervise the legal form and sufficiency of
all contracts, deeds, correspondence and other documents and all ordinances,
resolutions and actions referred to the Department for preparation
or review.
(c)
Represent the Executive and agencies under his/hers
jurisdiction in all matters of litigation, appeals in the courts,
proceedings before any administrative agency and in other appropriate
matters; and recommend to the Executive settlement of any matter.
(d)
Maintain records of all actions, suits, proceedings
and matters which relate to the County's interest and report thereon
from time to time as the Executive may require.
(e)
Represent the constitutional officers in all
legal matters including, but not limited to, litigation, appeals in
the courts, proceedings before any administrative agency and in other
appropriate matters.
(f)
Render such advisory opinions as are requested.
D.
Deputy County Counsel. The Deputy County Counsel shall,
during the absence or disability of the County Counsel, possess all
the powers and perform all the duties of the County Counsel.
E.
County Adjuster. The County Counsel may designate
one or more of his/hers assistants or employees to exercise such powers
and duties and perform such functions under his/hers supervision as
provided by law for the County Adjuster.
F.
Outside counsel.
[Amended 4-17-1979 by Ord. No. O-1979-00112; 11-12-1980 by Ord. No. O-1980-01206; 12-13-2006 by Ord. No. O-2006-0016]
(1)
The County Counsel is authorized, with the approval of the Executive and within available appropriations, to retain such outside counsel to aid in the trial, argument or preparation of such cases or matters of importance in which the County may be a party or be interested, as he/she may seem necessary. If the County Counsel should be disqualified with respect to any matter, except as set forth in Subsection F(2) herein, the Executive may designate outside counsel to represent him/her for and with respect to such matter.
(2)
If the County Counsel should determine that he/she
should be disqualified with respect to the representation of a constitutional
officer in any matter, the constitutional officer shall request representation
on such matter by the Attorney General of the State of New Jersey.
In the event that the Attorney General refuses to represent the constitutional
officer on such matter, the constitutional officer may, within available
appropriations, designate outside counsel to represent him/her for
and with respect to such matter subject to prior Board approval.
(3)
All outside counsel shall be retained under a professional
services contract.
G.
Qualifications. The County Counsel and all Deputy,
Special and Assistant County Counsels shall have been duly admitted
to practice law in New Jersey.
H.
Other activities. To the extent that the Right of
Way Commission shall be utilized it shall be deemed to be a part of
the Department for administrative purposes, and the head of the Department
shall be responsible for its records and continuity.
I.
Inspector
General. The Inspector General shall report to the County Counsel.
In the event a specific matter under the Inspector General's review
concerns accusations made against the County Counsel, then the Inspector
General shall report such matter(s) to the County Executive. In the
event a specific matter under the Inspector General’s review
concerns accusations made against a member or members of the Board
of County Commissioners and/or the County Executive, then the Inspector
General shall report such matter(s) to the Office of the Essex County
Prosecutor.
[Added 9-7-2011 by Ord.
No. O-2011-00011]
[Amended 4-17-1979 by Ord. No. O-1979-00112]
A.
General purpose; departmental organization.
(1)
There shall be a Department of Parks, Recreation and
Cultural Affairs for the purpose of operating park and recreational
facilities and conducting and coordinating cultural affairs within
the County; the head of the Department shall be responsible to the
County Executive for its operation.
B.
Division of Parks and Recreation.
(1)
Functions and responsibilities. Under the direction
and supervision of the Department head, the Division of Parks and
Recreation shall, subject to budgetary appropriations, be responsible
for:
(a)
The maintenance and development of public parks,
playgrounds and recreational places within the County.
(b)
Preserving, caring for, laying out, constructing,
maintaining and improving park and recreational facilities.
(c)
Providing for the care, cultivation, planting
and replanting of trees, shrubs, and lawns on County parklands.
(d)
The development and administration of programs
to facilitate public use and enjoyment of County parks, playgrounds
and places of recreation, including special recreational facilities
for the handicapped.
[Amended 2-14-1990 by Ord. No. O-1990-00003]
(e)
The operation and maintenance of all recreational
facilities.
(f)
The coordination of park and recreational programs
of the County with other public and private recreational programs,
and facilities within the County.
(g)
The operation of such programs and facilities
as may be permitted for a County Park Commission.
(2)
Division head. The Director of the Division of Parks
and Recreation shall be responsible to the head of the Department
of Parks, Recreation and Cultural Affairs and shall be responsible
for its operation.
C.
Division of Cultural and Historic Affairs.
[Amended 10-28-1987 by Ord. No. O-1987-00031]
(2)
Advisory Board. Within this Division there shall be
established a Citizens Advisory Board for the Arts and History.
[Amended 9-7-2011 by Ord.
No. O-2011-00011]
(3)
Division head. The head of the Division of Cultural
and Historic Affairs shall be responsible for its operation under
the supervision of the Department head.
D.
Miscellaneous.
(1)
Leases and concessions. The County Executive may,
subject to law and to Board approval, lease to the highest responsible
bidder, upon open competitive bids, parklands or concessions therein
to produce revenues from facilities required for or incidental to
the operation of such public parks, playgrounds or recreational places.
The period of any such lease shall not exceed five years.
(2)
Fees and revenues. The Department may charge and collect
for the use of the County a reasonable fee for admission to or the
use of facilities, programs and activities provided under this article
only as specifically authorized by ordinance of the Board. All such
fees shall be paid over to the Department of Administration and Finance.
(3)
Rules and regulations. The Department may recommend
adoption of reasonable rules and regulations for the safety and conduct
of persons using parks and recreational facilities, and for the preservation
of public peace and order at public events in accordance with this
code. Any person who shall violate an such rule or regulation maybe
prosecuted in accordance with the penalties established therein.
(4)
County indebtedness. The adoption of this code shall
not in any way impair the obligation of the County with respect to
indebtedness, or the debt service thereon, heretofore incurred by
the County Park Commission for park purposes. The County Executive
is authorized and directed to enter into appropriate contractual and
other arrangements to establish the obligation of the County and its
assumption of any and all such debt, notwithstanding the abolition
of the Park Commission.
E.
Advisory Council on Parks and Recreation.
(1)
Within the Division of Parks and Recreation there
shall be an unsalaried Advisory Council on Parks and Recreation. The
Council shall consist of nine members. Each member shall serve for
a term of three years, except that of those first appointed, three
shall be appointed to serve for a term of one year, three for two
years, and three for three years.
(2)
The Advisory Council shall organize and adopt rules
for the conduct of its business. Such rules shall provide for the
selection of a Chair and a secretary and other officers of the Council,
for the maintenance of a record of its proceedings, and for such other
matters as the Council may deem appropriate.
(3)
The Council shall advise and consult with the Director
from time to time as to matters of program, planning and budget, and
shall develop and sponsor plans for the improvement and support of
the County Park and Recreational Program.
[Amended 4-17-1979 by Ord. No. O-1979-00112; 2-17-1980 by Ord. No. O-1980-00532; 4-9-1980 by Ord. No. O-1980-00672; 2-23-1980 by Ord. No.
O-1980-03066; 11-23-1983 by Ord. No. O-1983-03722; 2-10-1999 by Ord. No. O-1999-00001]
A.
Department generally. There shall be a Department
of Economic Development, Training and Employment, the head of which
shall be the Director. Within the Department there shall be:
B.
Division of Economic Growth and Job Development. There
shall be a Division of Economic Growth and Job Development. The Division,
under the direction and supervision of the Director, shall encourage,
promote and stimulate the maximum use of the commercial, industrial
and residential resources of the County and its municipalities. The
Division shall:
C.
Division of Housing and Community Development. There
shall be a Division of Housing and Community Development within the
Department. The Division, under the direction and supervision of the
Director, shall:
(1)
Perform all functions related to implementing a housing
and community development program as required by federal law.
(2)
Maintain close communication with the United States
Department of Housing and Urban Development (HUD) so as to take advantage
of all grant and loan monies available, including, but not limited
to, lines of credit and low-cost loans for the rehabilitation of housing,
infrastructure, public facilities and the development of businesses
throughout the County.
(3)
Maintain close communication with the New Jersey Department
of Community Affairs so as to take advantage of incentive programs,
loans and grant monies available for the rehabilitation and creation
of housing and businesses throughout the County.
(4)
Provide technical assistance to the County Community
Development Revenue Sharing Committee and other agencies and the municipalities
in preparing applications for federal and state grants and loans.
(5)
Establish a data bank for housing statistics and an
inventory of housing program information;
(6)
Establish an inventory of potential housing and business
development projects and provide assistance and information concerning
HUD and state funds that may be available to fuel same.
(7)
Prepare an annual report of all housing and community
conditions and needs in Essex County.
(8)
Prepare an annual report of small businesses in Essex
County and projections for recommended small business development
in the County.
(9)
Assist the municipalities, housing agencies, and other
interested groups in identifying areas suitable for rehabilitation
and in initiating housing and business development programs.
D.
Division of Training and Employment. There shall be
a Division of Training and Employment within the Department. The Division,
under the direction and supervision of the Director, shall include
two units as follows:
(1)
There shall be a unit of Training which will develop
and administer the County's employment training program according
to federal and state guidelines.
(2)
There shall be a unit of Employment which will coordinate
and implement the County's welfare-to-work program to maximize the
number of jobs welfare clients in training, in work-related activities
and in permanent employment.
E.
Workforce Development Board. The Workforce Developtment
Board shall act as the policy and planning body that will coordinate
welfare-to-work, school-to-work, literacy-to-work, employment training
and job placement programs in the local workforce investment area.
The Executive Director of the Workforce Development Board shall report
to the Director of the Department.
[Amended 2-17-2016 by Ord. No. O-2016-00005]
[Amended 4-17-1979 by Ord. No. O-1979-00112; 1-21-1981 by Ord. No. O-1981-01355; 3-11-1981 by Ord. No. O-1981-01485; 6-8-1983 by Ord. No.
O-1983-03321; 4-17-1985 by Ord. No. O-1985-00005; 5-7-1997 by Ord. No. O-1997-00006; 8-14-1997 by Ord. No. O-1997-00012; 2-11-2004 by Ord. No.
O-2004-00003]
A.
Department generally. There shall be a Department
of Corrections, the head of which shall be the Department Director,
who shall by education and experience have the qualifications to administer
large custodial institutions and to supervise law enforcement personnel.
The Department, under the direction and supervision of the Director
shall:
(1)
Operate and maintain in a safe, sanitary and humane
manner the County jail and jail annex as required by federal and state
laws, rules and regulations.
(2)
Exercise custodial rights over such persons as may
be committed thereto by any court of competent jurisdiction according
to the terms of such commitment.
B.
The Essex
County Police Academy is a Division of the Essex County Department
of Corrections.
[Added 10-23-2019 by Ord. No. O-2019-00014]
A.
Department generally. There shall be a Department
of Public Works, the head of which shall be the Director. The Department
shall consist of the following divisions:
B.
Division of Engineering. Within the Department there
shall be a Division of Engineering, the head of which shall be the
County Engineer. He/she shall be a licensed professional engineer
of New Jersey with at least five years of responsible public works
experience. Under the direction and supervision of the Director, the
Division shall:
(1)
Render professional engineering services, advice and
assistance to the Department and such other departments, divisions,
bureaus, offices, boards and commissions as the Executive shall designate;
(2)
Maintain County maps, charts, engineering data and
records as may be required for the proper and efficient administration
of County projects or property;
(3)
Perform such surveys, field inspections and such other
actions as may be necessary or desirable for County projects;
(4)
Assist the County Planning Board;
(5)
Inspect the work performed under County contracts
and certify for payment work which is approved as in compliance with
the contract when required;
(6)
Perform such duties as may be required in connection
with bridges operated jointly with one or more counties; and
[Added 9-10-1980 by Ord. No. O-1980-00964]
(7)
Report monthly to the Board of County Commissioners
on the status of all traffic ordinances which have been passed by
the Board of County Commissioners but which have not yet received
required Department of Transportation approval.
[Added 10-26-1983 by Ord. No. O-1983-03598]
C.
Division of Roads and Bridges. Within the Department
of Public Works, there shall be a Division of Roads and Bridges. The
head of the Division shall be the Director of the Division. The Division,
under the direction and supervision of the Director, shall:
[Amended 9-10-1980 by Ord. No. O-1980-00964]
(1)
Maintain, repair, construct and reconstruct County
roads and bridges;
(2)
Maintain County roads and bridges in a clean and safe
condition for passage, properly lighted as authorized pursuant to
law, free of obstructions and hazards and remove leaves, snow, ice
and debris therefrom as required;
(3)
Install, maintain and repair road signs, traffic signs,
signals, markers, devices and lines as authorized pursuant to law;
and
(4)
Have, exercise and discharge the functions, powers
and duties of a Shade Tree Commission.
D.
Division of Environmental Services. Within the Department,
there shall be a Division of Environmental Services. The head of the
Division shall be the Director of the Division. Under the supervision
and direction of the Director, the Division shall:
(1)
Operate and maintain any County sanitary landfill
and such other County services as may be authorized for the collection
and disposal of solid wastes;
(2)
Construct, install and maintain facilities of the
County drainage system for mosquito abatement, erosion and for flood
control and flood damage reduction;
(3)
Construct, operate and maintain such County water
supply system as may be authorized pursuant to law;
(4)
Develop and administer plans, programs and facilities
for the surveillance and monitoring of environmental conditions within
the County including, without limitation thereto, the quality of public
water supply sources, the operation of wastewater treatment plants,
sources of air pollution, air quality, solid waste disposal facilities
and endorse the law with respect thereto;
(5)
Within the limits of available appropriations, the
Division shall develop County plans and programs to coordinate environmental
services of local government within the County, to provide at the
County level such services to the extent that they are not provided
at that level of local government and to offer to the municipalities
of the County under appropriate contracts, such environmental services
as any of them may wish to obtain by contract;
(6)
Administer state programs for the prevention and correction
of sedimentation and erosion in and along the public waters of the
County;
(7)
Develop and administer plans and programs for the
prevention and correction of sedimentation and erosion in and along
the public waters of the County; and
(8)
Have, exercise and discharge the functions, powers
and duties of a Mosquito Extermination Commission.
E.
Division of Fleet Management. Within the Department,
there shall be a Division of Fleet Management. The head of the Division
shall be the Director of the Division. Under the direction and supervision
of the Director, the Division:
(1)
Shall provide for the maintenance and repair of all
County-owned motor vehicles and motorized equipment;
(2)
Shall provide for the storage, servicing and control
of the use of all County-owned vehicles and motorized equipment, the
scheduling of preventive maintenance thereon, the supplying and control
of vehicles, equipment parts inventories, labor, materials, fuel and
lubricants and pursue manufacturers' and dealers' guarantees and warranties
on vehicles and equipment; and
(3)
May operate such facilities for garage and motor vehicle
services for such municipalities as may be contracted for pursuant
to law.
F.
Division of Buildings and Grounds. Within the Department,
there shall be a Division of Buildings and Grounds, which Division
shall be headed by a Director. The Division, under the direction and
supervision of the Director, shall:
(1)
Provide technical and mechanical services required
by any department for the safe and efficient operation of heating,
ventilating, air conditioning, plumbing and electrical systems of
County buildings;
(2)
Operate, maintain and repair public parking areas
and facilities acquired by the County pursuant to law; and
(3)
Maintain and repair County buildings and properties
as required;
(4)
Provide custodial and janitorial services for all
County buildings; and
(5)
Operate and maintain central facilities, to be used
by County departments and budget agencies, for duplication, telephone,
mail and other communications.
[Added 4-17-1979 by Ord. No. O-1979-00112]
G.
Division of Security. Security shall be under the
direction and supervision of the Office of the Sheriff and that office
shall:
[Amended 3-29-2000 by Ord. No. O-2000-00003]
H.
Division of Planning.
[Amended 4-17-1979 by Ord. No. O-1979-00112; 11-23-1983 by Ord. No. O-1983-03722; 2-10-1999 by Ord. No. O-1999-00001]
(1)
The County Division of Planning shall include within
it the Office of Transportation Planning and Coordination. The Division,
within the limits of available appropriations, shall:
(a)
Provide administrative staff to the Planning
Board.
(b)
Engage in long-range planning relating to the
development and conservation of lands and resources within the County,
including, without limitations thereto, population studies, health,
educational, welfare, cultural, environmental, drainage, protective,
traffic and transportation facilities and services and plans relating
thereto.
(c)
Review subdivision plans and site plans pursuant
to law.
(d)
Coordinate local and regional planning activities
and perform federal clearinghouse/metropolitan review function.
(e)
Assist the County Budget Officer in the preparation
of a capital budget and a capital program.
(f)
Assist other departments to maximize the use
of available state and federal grants.
(g)
Assist municipal planning agencies upon request.
(h)
Through the Office of Transportation Planning
and Coordination provide assistance to the municipalities of the County
in the areas of planning, funding and implementing local transportation
facilities as well as other matters pertaining to public transportation.
(i)
Establish, within the Office of Transportation
Planning and Coordination, a Citizen's Transportation Advisory Board
to work in conjunction with and advise the Office of Transportation
Planning and Coordination in the discharge of its duty. Said Board
shall consist of one representative from the private sector directly
involved with mass transportation within the County and representatives
from public interest groups concerned with transportation issues within
the County.
(2)
Within this Division there shall be established an
Essex County Solid Waste Advisory Council to perform the functions
outlined in the New Jersey Solid Waste Management Act. This Council
shall consist of at least one representative from each municipality.
(3)
Office of Environmental Affairs.
[Added 11-24-1998 by Ord. No. O-1998-00025]
(a)
Within the Division, there shall be a County
Office of Environmental Affairs whose purpose it shall be to insure
that all environmental matters of concern to the County and its residents
receive attention. There shall also be an advisory commission known
as the Essex County Environmental Commission which shall be comprised
of nine Essex County residents and two members of the Essex County
Board of County Commissioners and which shall advise the Office of
Environmental Affairs on environmental matters of concern to the County
and its residents. There shall also be an Environmental Alliance of
Municipalities which shall be comprised of one representative from
each of the County's 22 municipalities and which shall meet no less
than four times per year with the member of the Environmental Commission
who shall be appointed as liaison to the Alliance.
(b)
Environmental Commission and Environmental Alliance.
[1]
There is hereby established the Essex County Environmental Commission ("Commission") consisting of nine members, one of which shall be a representative of the Essex County Office of Environmental Affairs as a voting ex officio member. Appointments shall be made by the County Executive with the advice and consent of the Board of County Commissioners. Initial appointments shall be made as follows: three members, three-year terms; three members, two year terms; two members, one-year terms. Thereafter, appointments shall be for terms of three years. Membership on the Commission shall be limited to two consecutive terms and total service of 12 years. In addition, pursuant to § 2-10C of the Essex County Administrative Code, two members of the Board of County Commissioners shall be members of the Commission.
[2]
There is hereby established an Environmental
Alliance of Municipalities consisting of 22 members, one from each
of Essex County's municipalities. Appointments and terms thereof shall
be made by each municipality according to its own procedures, and
each municipality shall advise the Office of Environmental Affairs
of its appointee to the Alliance and the term thereof.
[3]
The Commission may employ or contract for independent
experts in environmental law, engineering and staff as required, subject
to budgetary limitations.
[4]
The Commission may seek the assistance of technical
consultants as advisors on an as-needed basis to assist in projects
beneficial to the County, which consultants may include, but not be
limited to:
[5]
Definition of the Commission's powers. Upon
request, the Commission shall provide assistance, advice and recommendations
to the County Executive, the Board of County Commissioners, the Essex
County Planning Board and the Essex County Health Department in such
matters as:
[a]
Assembling data on a continuing basis as part
of the preservation and protection of County environmental and natural
resources.
[b]
Responding to citizen requests for assistance
with environmental problems having cross-community impact.
[c]
Protecting groundwater and surface water resources.
[d]
Developing strategies for public education regarding
the environment and educational programs to be presented to the public
through the schools, mass media and service organizations. These programs
would be designed to increase public awareness of necessary decisions
to improve the environment and to recognize contributions to solutions
made by members of the community, including individuals, groups, companies
and public agencies.
[e]
Suggesting strategies for resolution of environmental
concerns.
[f]
Reviewing at the request of the County Executive
or the Board of County Commissioners County policy concerning the
environment with regard to:
[i]
Land development, redevelopment
and zoning considerations.
[ii]
Recreational use of watershed
areas and parklands.
[iii]
Actions to increase compliance
with standards.
[iv]
Preparation of new legislation
for state, County and local adoption in the fields of environmental
protection, conservation, watersheds, rivers, lakes, streams, aquifer/recharge
and any other area of public concern.
[v]
Means of cooperation and common
action with federal, state and local agencies and authorities in developing
and recommending enforcement of environmental standards.
[g]
Inventorying and evaluating the physical and
natural features and the establishment of priorities for preserving
and protecting the ecology of Essex County.
[h]
Reviewing, upon request of the Planning Board,
the environmental impact of development projects in or near Essex
County which are proposed by federal, state, local or private agencies.
[i]
Reviewing existing and proposed federal, state
and local laws, grant-in-aid programs relating to environmental matters
and advising the Board of County Commissioners as to the effect of
such legislation on the County and its agencies.
[j]
Performing such other advisory duties as are
requested for the aid and assistance of County boards and agencies.
[6]
The Commission shall specifically exempt itself
from matters concerning or involving solid waste, solid waste management
and the County of Essex's Solid Waste Management Plan. The Office
of Environmental Affairs and the Commission recognize that the Essex
County Solid Waste Advisory Council alone shall address solid waste
issues. Any solid waste issues brought to the attention of the Office
of Environmental Affairs or the Commission will be directed to the
Essex County Solid Waste Advisory Council, which may, in its discretion,
seek the participation, advice or assistance of the Commission.
I.
The Planning Board shall consist of the President
of the Board of County Commissioners, one Commissioner member, one
Commissioner alternate member nominated by the President of the Board
of County Commissioners, the County Engineer, the assistant County
Engineer to serve as an alternate to the County Engineer, six citizen
members and two alternate citizen members to be appointed by the County
Executive with advice and consent of the Board of County Commissioners.
Said members shall serve for the term prescribed by law and shall
perform such functions as provided by law.
[Amended 4-17-1979 by Ord. No. O-1979-00112; 12-7-1983 by Ord. No. O-1983-03786]
J.
Construction Board of Appeals. The Construction Board
of Appeals shall consist of five members, to be appointed by the Executive
with the advice and consent of the Commissioners, to serve for the
term prescribed by law. This Board shall perform such functions as
provided by law. The fee for an appeal to the Construction Board of
Appeals shall be $100.
[Added 2-13-1980 by Ord. No. O-1980-00509; amended 5-25-1985 by Ord. No. O-1985-00016]
