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County of Mercer, NJ
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Chosen Freeholders of Mercer County as Ch. 2.02 of the 2003 Mercer County Code (Ord. No. 76-5). Amendments noted where applicable.]
[Pursuant to P.L. 2020, c. 67, effective 1-1-2021, the Code of Mercer County has been amended to delete the term โ€œBoard of Chosen Freeholdersโ€ and replace it with the term โ€œBoard of County Commissioners.โ€ In addition, the terms โ€œFreeholderโ€ and โ€œChosen Freeholderโ€ have been deleted and replaced by the term โ€œCounty Commissioner.โ€]
[Amended by Ord. No. 77-44; Ord. No. 77-50; Ord. No. 82-6; Ord. No. 92-3]
The administrative branch shall consist of the office of the County Executive; departments, divisions, offices and agencies under his/her discretion and control; agencies independent except for compliance with administrative procedures pertaining to budgeting, purchasing and related functions as specified herein; state-appointed boards, agencies and advisory boards established pursuant to Chapter 3.01, Boards, Commissions and Agencies Generally.
A.ย 
The departments shall be:
[Amended 9-25-2014 by Ord. No. 2014-10]
(1)ย 
Administration, Chapter 2.05.
(2)ย 
Corrections, Chapter 2.11.
(3)ย 
Economic Development and Sustainability, Chapter 2.14.
(4)ย 
Finance, Chapter 2.09.
(5)ย 
Human Services, Chapter 2.08.
(6)ย 
Personnel, Chapter 2.10.
(7)ย 
Planning, Chapter 2.15.
(8)ย 
Transportation and Infrastructure, Chapter 2.13.
B.ย 
The independent agencies shall be:
(1)ย 
Mercer County Board of Social Services.
(2)ย 
Improvement Authority.
(3)ย 
Park Commission.
(4)ย 
Vocational-Technical Board of Education.
(5)ย 
Board of Trustees of the Mercer County Community College.
(6)ย 
Special Services School District.
(7)ย 
Library Commission.
C.ย 
The state-appointed boards and agencies shall be:
(1)ย 
Office of Superintendent of Elections.
(2)ย 
Board of Elections.
(3)ย 
County Board of Taxation.
(4)ย 
Superintendent of Schools.
[Amended by Ord. No. 92-3]
A.ย 
The County Executive may organize and reorganize functions, powers and duties within departments, offices and agencies under his/her jurisdiction, subject to available appropriations; provided, that he/she shall not do so between departments, without first submitting a plan therefor to the Board for approval. Any such plan may go into effect 45 days after submission unless the Board shall, by resolution, reject it or return it for revision.
B.ย 
New departments shall be created, or existing ones abolished or consolidated by amendment of this chapter.
[Amended by Ord. No. 92-3]
Department heads shall be qualified by education and experience for their duties. They shall be appointed by the County Executive, with advice and consent of the Board, and serve at his/her pleasure; provided, that the Board may overrule dismissal of a department head by a 2/3 vote, pursuant to Sections 41 and 87 of the Charter.[1]
[1]
Editor's Note: See N.J.S.A. 40:41A-41 and 40:41A-87.
Each department head, subject to the direction and supervision of the County Executive, shall:
A.ย 
Plan and organize the work of the department;
B.ย 
Direct and supervise the personnel of the department;
C.ย 
Authorize all department purchase requisitions and payrolls and approve all vouchers;
D.ย 
Appoint, discipline and remove departmental employees, subject to civil service requirements and to written delegation of the appointing and removal authority by the County Executive.
[Amended by Ord. No. 92-3]
A vacancy in any office subject to appointment by the County Executive with advice and consent of the Board, may be filled temporarily by appointment of an acting officer with all the functions, powers and duties of a permanent appointee.
[Amended by Ord. No. 92-3]
Suspensions and removals of officers or employees by department heads shall be subject to the requirement of civil service or of Section 87b of the Charter,[1] whichever is applicable in a given case.
[1]
Editor's Note: See N.J.S.A. 40:41A-87b.
[Amended by Ord. No. 77-50; Ord. No. 92-3]
A.ย 
Subject to prior approval of the County Executive and such general rules as may be in effect, the head of each department or agency may issue and enforce regulations governing the care, use and custody of County property under his/her jurisdiction, the rendering of services by his/her department, and the conduct and discipline of employees.
B.ย 
No such regulation made by any department, officer, agency or authority of the County, except such as relates to the organization or internal management of the County government or a part thereof, shall take effect until it is filed by the Clerk to the Board with the clerk of each municipality in the County, and in such other manner as may be provided by ordinance. The Clerk to the Board shall provide for the prompt publication of such rules and regulations.
[Amended by Ord. No. 92-3; 9-25-2014 by Ord. No. 2014-10[1]]
The office of the County Executive shall include the Administrator, Chief of Staff, County Counsel; the offices of Intergovernmental Affairs, Veterans Affairs and Public Information; such positions as may be authorized for budget preparation and control, management systems, data processing and related functions; the County Executive may organize the office, at his/her discretion, subject to civil service position classification requirements.
[1]
Editor's Note: This ordinance also repealed original ยงยงย  2.02.090, Division of Finance; 2.02.100, Division of Employee Relations, and 2.02.110, Division of Central Service Administration, which previously followed this section.
[Amended by Ord. No. 92-3]
The Chief of Staff shall serve at the pleasure of the County Executive and shall be responsible only to the Executive. The Chief of Staff shall be qualified by education, experience and ability to assist the County Executive in the areas of policy, development and strategic planning and coordination between all boards, commissions and constitutional offices. The Chief of Staff shall be responsible for such related functions as the County Executive may assign.[1]
[1]
Editor's Note: Original ยงยง 2.02.150, Division of Economic Development and Housing, and 2.02.160, Division of Planning, which immediately followed this section, were repealed 9-25-2014 by Ord. No. 2014-10.
[Amended by Ord. No. 77-50; Ord. No. 79-27; Ord. No. 92-3]
As continued by Chapter 3.01, Boards, Commissions and Agencies Generally, of the Code of Mercer County, the following advisory bodies are assigned to the Office of County Executive:
A.ย 
Advisory Solid Waste Council.
B.ย 
Economic Development Commission.
C.ย 
Commission on the Status of Women.