[HISTORY: Adopted by the Board of Chosen Freeholders of Mercer
County as Ch. 2.03 of the 2003 Mercer County Code. 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 “Board
of Chosen Freeholders” and replace it with the term “Board
of County Commissioners.” In addition, the terms “Freeholder”
and “Chosen Freeholder” have been deleted and replaced
by the term “County Commissioner.”]
[Amended by Ord. No. 76-5]
The constitutional officers are the County Clerk, Sheriff, Surrogate
and County Prosecutor. In accordance with the Charter, this chapter
is not intended to change the powers and duties of these officers.
[Amended by Ord. No. 76-5; Ord. No. 77-50; Ord. No. 88-35]
Each of the constitutional officers shall be subject to such
direction and supervision with respect to program, functions, powers
and duties as may be otherwise provided by law, and shall be subject
to the requirements of the Charter and this chapter as to budgetary
matters, financial controls, personnel management and purchasing.
The Sheriff and the County Executive shall be the joint collective
bargaining agents for Collective Bargaining with employees of the
Sheriff's office. Pursuant to N.J.S.A. 40A:9-117, the Sheriff shall
fix the compensation of those employees in accordance with the generally
accepted salary ranges and within the confines of the Sheriff's budget
allocation as established by the Board. The Sheriff shall have the
exclusive authority to select and employ the personnel of his office.
As the employer, the Sheriff shall be responsible for the disciplining
of any member of his office.
The Surrogate shall have all the powers designated by New Jersey
Statutes including, but not limited to, the power to appoint a Deputy
Surrogate, Special Deputy Surrogate and Special Probate Clerk, each
of whom shall serve at the pleasure of the Surrogate, as well as to
select and appoint an Executive Secretary, Chief Clerk and engage
any other necessary employees who shall receive such compensation
as shall be recommended by the Surrogate and approved by the County
governing body. The Special Deputy Surrogate shall be an existing
employee.
[Amended 10-22-2019 by Ord. No. 2019-5]
In order to upgrade and modernize services provided by the Surrogate's
Office, the County Treasurer shall return to the County Surrogate
the amount set forth in N.J.S.A. 22A:4-17.2 from each fee received
for the probate of a will, for the grant of general administration,
for the grant of letters of guardianship and for the grant of letters
of trusteeship for the filing of inventories; for the filing of accountings;
and for any other proceeding filed, recorded or issued in the Surrogate's
court. All such sums shall be returned by the Treasurer to the Surrogate
within 10 days of the receipt of such funds pursuant to N.J.S.A. 22A:4-17.2.
[Amended by Ord. No. 76-5]
The County Executive, members of the Board of County Commissioners,
and such offices as required by the Constitution shall be the only
elective County offices. Persons holding them shall have such qualifications
as the Charter may require. They shall be nominated and elected as
provided therein or in the state election laws, Article 19, N.J.S.A.
[Amended by Ord. No. 76-5; Ord. No. 79-27]
It shall not be incompatible for an employee to head two or
more departments or to head a division within a department he/she
heads, or to head two or more divisions within a department.
[Amended by Ord. No. 79-14; Ord. No. 92-3]
The person holding and exercising the office of Sheriff of Mercer
County may simultaneously hold and exercise the office of County Disaster
Control Coordinator, but shall not receive any compensation or any
other benefits otherwise attached to the office of County Disaster
Control Coordinator during such time as such person shall hold both
such offices.
[Amended by Ord. No. 76-5]
During the temporary absence or disability of an appointive
officer or employee, or during a vacancy in an appointive office,
the appointing authority may designate a qualified person to serve
temporarily in an acting capacity in that office. Such an appointment
shall have all the functions, powers and duties of a permanent incumbent
until the absence or disability terminates or the vacancy is filled
by permanent appointment.
[Amended by Ord. No. 76-5]
A.
Every officer or employee of the County who is entrusted with the
receipt, custody or expenditure of moneys shall be bonded in such
manner and amount as shall protect the County against financial loss
due to dishonest or negligent conduct.
B.
Every officer or employee who is required by law to give bond shall
execute it with sufficient surety and deliver it to the Clerk of the
Board before entering upon the duties of his/her office or employment.
The Clerk shall deliver his/her bond to the County Treasurer.
C.
The office or position of any officer or employee who shall neglect
to execute and deliver his/her bond as required by this section within
30 days after due notification of his or her obligation to do so,
shall be declared vacant pursuant to that individual's failure to
comply with the statutory requirement of N.J.S.A. 40A:5-34 if such
action is a condition of the holding of such office, position or employment.
D.
Bonds may be individual, schedule or blanket. They shall be secured
by a corporate surety authorized to do business in this state and
shall be approved by the County Counsel for legal form and sufficiency.
All premiums shall be paid by the County.
Any person holding a public office, position or employment,
elective or appointive, shall forfeit that office, position or appointment
as set forth under the terms and conditions of N.J.S.A. 2C:51-2 or
such office, position, employment or appointment shall be subject
to forfeiture as set forth in the terms and conditions of N.J.S.A.
2A:81-17.2a1.
[Amended by Ord. No. 76-5]
Every officer or employee shall, upon termination, deliver forthwith
to his/her successor or, if there by no successor, to the County Executive,
all moneys, papers, books, memoranda, accounts and data pertaining
to his/her office.
[Amended by Ord. No. 76-5]
Every County officer and employee whose compensation is established
on a full-time basis shall devote his/her entire time during his/her
regular hours of employment to the duties of his/her office.
[Amended by Ord. No. 82-9; Ord. No. 85-3]
A.
Unless otherwise provided by law, all officials or employees of the
County shall be required, after the effective date of the ordinance
codified in this section, to be bona fide residents of the County.
B.
"Official or employee" means any person holding an office, position
or employment in the County whether part-time or full-time in nature
and whether paid or unpaid. The term includes all officers elected
by voters in the County, members on all boards, authorities, commissions
or other bodies having general control of the affairs of a unit of
County government.
C.
A "bona fide resident," for the purpose of this section, is a person
having a permanent domicile within the County, and one which has not
been adopted with the intention of again taking up or claiming a previous
residence acquired outside the boundaries of the County.
D.
All applicants for positions and employments in the classified service
of the County shall be bona fide residents of the County at the time
of the closing date following the announcement of examination by the
Merit System Board; provided, however, that if the Board, after ample
advertisement determines that an insufficient number of qualified
residents exist for available positions or employments in the County,
it may open eligibility lists for positions and employments to qualified
nonresidents.
F.
The responsibility and duty to enforce this section shall be with
the Mercer County Department of Personnel. The failure of any employee
who is required to establish residency, hired after the effective
date of the ordinance codified in this section, to maintain a bona
fide residence in the County shall be cause for removal or discharge
from service. In the event such employee fails to maintain a bona
fide residence in the County, the County Executive shall notify such
employee that failure again to take up bona fide residency in the
County, within six months of such notification, will result in the
removal or discharge from service. Such removal or discharge shall
have the right to such appeals as are available pursuant to law.
[Amended 10-22-2019 by Ord. No. 2019-5]
G.
Classification of applicants.
(1)
Where the Department of Personnel shall determine that there
cannot be recruited a sufficient number of qualified residents for
available specific positions or employments, they shall advertise
for other qualified applicants. Thereafter, they shall thereupon classify
all qualified applicants for such positions or employments in the
following manner:
[Amended 10-22-2019 by Ord. No. 2019-5]
(2)
The County Executive shall first appoint all those in class
1 and then those in each succeeding class in the order above listed
and shall appoint a person or persons in any such class as to a position
or positions or employment or employments remaining after all qualified
applicants in the preceding class or classes have been appointed or
have declined an offer of appointment.
(3)
The preference established by this subsection shall in no way
diminish, reduce or affect the preferences granted pursuant to any
other provisions of the law.
(4)
Any employee hired pursuant to this subsection shall be hired
by the County Executive on an individual basis.
H.
Where the County Executive shall determine that there are certain
specific positions or employments, requiring special talents or skills
which are necessary for the operations of the County and which are
not likely to be found among residents of the County, such positions
or employments so determined shall be filled without reference to
residency. Any such determination shall be made pursuant to the following
criteria:
(1)
The position is deemed by the County Executive to be needed
to perform services permitted by statute.
(2)
The duties and task of the position require individuals possessing
specialized talents or skills, including the completion of training
leading to technical or professional degrees or other certification;
and/or demonstrated effective experience in performing those duties
requiring such specialized talents or skills.
(3)
It can be shown by the record of the department head, or the
New Jersey Department of Personnel that it was necessary to go outside
the County to recruit a sufficient number of qualified applicants
for the position within the past 12 months.
I.
Hardship exemption.
[Added 3-13-2014 by Ord.
No. 2014-4]
(1)
Any employee may request an exemption from the provisions of this section on the
basis of critical need or hardship from the County Executive.
(2)
The decision on whether to approve an application from any person
shall only be made by the County Executive.
(3)
The provisions of this amendment have no bearing on the state
law known as the "New Jersey First Act," N.J.S.A. 52:14-7, as same
may be amended and supplemented, the provisions of which must be independently
met.
[Amended 10-22-2019 by Ord. No. 2019-5]
[Added 2-26-2004 by Ord.
No. 2004-1]
No former officer or employee or special officer or employee
of the County shall become employed as a consultant by any authority,
improvement authority, commission, board or agency created or established
by County government, whether by himself/herself or through any partnership,
firm, limited-liability company or corporation in which he or she
has an interest or through any partner, officer or employee thereof,
for a period of one year subsequent to the retirement of that employee.
[Added 6-26-2008 by Ord.
No. 2008-4]
A.
Except as hereinafter stated, the County shall provide a defense
and indemnification for any person holding an office or employment
under the jurisdiction of the County whenever any action has been
or shall be brought against such person, arising from acts or omissions
alleged to have been committed by the employee within the scope of
his or her duties as an employee of the County.
B.
In indemnifying and defending such persons, the County shall incur
all costs of defending such action, including reasonable counsel fees
and expenses, together with the costs of appeal, if any, and shall
save harmless and protect such person for any financial loss resulting
therefrom.
C.
Said defense shall be provided by County Counsel. When County Counsel
is for any reason unable to provide said defense, the employee or
official shall submit the name of the attorney of his or her choice
to the County Counsel for approval and agreement as to the cost of
services, which shall not exceed the approved government rate.
D.
In the event that any employee or official engages an attorney without
the approval of the County Counsel and prior agreement as to the cost
of services, all costs so incurred shall be the sole responsibility
of that officer or employee.
E.
Notwithstanding anything to the contrary set forth above, the County
will not be responsible for a defense or indemnification under the
following conditions:
(1)
The action or proceeding was initiated by the County or any
of its agencies or boards;
(2)
The Board is of the opinion that the employee's or official's
conduct as alleged constituted a criminal act, actual fraud, actual
malice, gross misconduct, or an intentional tort;
(3)
There is a finding or judgment by a court of competent jurisdiction
that the employee or official engaged in actual fraud, actual malice,
gross misconduct, or an intentional tort;
(4)
Any judgment is rendered for punitive or exemplary damages,
unless the Board is of the opinion that the employee's or official's
actions did not constitute actual fraud, actual malice, gross misconduct,
or an intentional tort;
(5)
Any insurance coverage is available;
(6)
The employee or official is found to have acted in violation
of any applicable ethics law, code or policy.
