[HISTORY: Adopted by the Board of Chosen Freeholders of Mercer
County as Ch. 2.04 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; Ord. No. 92-3]
As provided in the Charter, the County Executive shall be a
resident and qualified voter of the County, and shall be elected from
the County at large for a term of four years.
A.
During the temporary absence or temporary disability of the County
Executive, the Administrator shall serve as Acting County Executive,
with full powers thereto.
B.
The office of the County Executive shall be deemed vacant and shall
be filled as set forth in New Jersey Statutes pursuant to the terms
of N.J.S.A. 40:41A-35.
The Executive power of the County shall be exercised by the
County Executive. He shall:
A.
Report annually to the Board of County Commissioners and to the people
on the state of the County, and the work of the previous year; he
shall also recommend to the Board whatever action or programs he deems
necessary for the improvement of the County and the welfare of its
residents. He may from time to time at his discretion recommend any
course of action or programs he deems necessary or desirable for the
County to undertake;
B.
Prepare and submit to the Board for its consideration and adoption
an annual operating budget and a capital budget, establish the schedules
and procedures to be followed by all County departments, offices and
agencies in connection therewith, and supervise and administer all
phases of the budgetary process;
C.
Enforce the County charter, the County's laws and all general laws
applicable thereto;
D.
Supervise the care and custody of all County property, institutions
and agencies;
E.
Supervise the collection of revenues, audit and control all disbursements
and expenditures and prepare a complete account of all expenditures;
F.
Sign all contracts, bonds or other instruments requiring the consent
of the County;
G.
Review, analyze and forecast trends of County services and finances
and programs of all boards, commissions, agencies and other County
bodies, and report and recommend thereon to the Board;
H.
Develop, install and maintain centralized budgeting, personnel and
purchasing procedures as may be authorized by the administrative code;
I.
Negotiate contracts for the County subject to Board approval; make
recommendations concerning the nature and location of County improvements
and execute improvements determined by the Board;
J.
Assure that all terms and conditions, imposed in favor of the County
or its inhabitants in any statute, franchise or other contract, are
faithfully kept and performed;
K.
Serve as an ex officio nonvoting member of all appointive bodies
in County government.
The County Executive:
A.
Shall supervise, direct and control all County administrative departments;
B.
With the advice and consent of the Board, shall appoint the County
counsel, the administrator, the heads of all departments and any divisions
created within such departments, and the members of all County boards,
commissions and authorities;
D.
May, at his discretion, but subject to any pertinent provisions of
the administrative code or civil service requirements, delegate to
department heads powers of appointment and removal of their departmental
employees. If the County Executive does not so delegate his power,
he may appoint and remove, subject to civil service requirements,
all employees whose positions have been created in accordance with
the administrative code, and the manner of whose appointment is not
specified elsewhere in this chapter;
E.
May require reports and examine the accounts, records and operations
of any agency of County government;
F.
May at his discretion order any agency under his jurisdiction as
specified in the administrative code to undertake any task for any
other agency on a temporary basis if he deems it necessary for the
proper and efficient administration of the County government to do
so;
G.
Shall approve each ordinance of the Board by signing it, or may veto
any ordinance by returning it to the Clerk of the Board within 10
days of passage with a written statement of his objections to the
ordinance. If 2/3 of the full membership of the Board, upon reconsideration
of the measure, shall vote for it, the Executive's veto shall be overridden
and the ordinance shall become law without the Executive's signature
in accordance with the provisions of law;
H.
Approval of minutes and other actions.
(1)
Shall review and approve or veto, within 10 days of delivery
to him, except as otherwise provided herein, all or part of the minutes
of every meeting of a County authority organized pursuant to the provisions
of P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.), P.L. 1957, c. 183
(N.J.S.A. 40:14B-1 et seq.) or P.L. 1960, c. 183 (N.J.S.A. 40:14B-1
et seq.). If, within the ten-day period, the County Executive returns
to the authority and to the Board of Commissioners the copy of the
minutes with a veto of any action taken by the authority or any member
thereof at a meeting, together with a written explanation of the reasons
for his veto of the action, that action shall be of no effect unless
the Board of County Commissioners overrides the veto of the action
by a majority vote of its full membership within 10 days of the receipt
of the veto action. The County Executive may approve all or any part
of an action taken at a meeting prior to the expiration of the ten-day
period. If the County Executive takes no action with respect to the
minutes within the ten-day period, the minutes shall be deemed to
be approved. The veto powers accorded under this subsection shall
not affect in any way the covenants contained in the bond indentures
of the authority, or any collective bargaining agreement or binding
arbitration decisions affecting employees of the authority.
(2)
No resolution or other action of the authority providing for the
issuance or refunding of bonds or other financial obligations shall
be adopted or otherwise made effective by the authority without the
prior approval in writing of the County Executive. This power shall
be exercised with due regard for the rights of the holders of bonds
of the authority at any time outstanding, and nothing in, or done
pursuant to, this subsection shall in any way limit, restrict or alter
the obligation or powers of the authority or any representative or
officer of the authority to carry out and perform in every detail
each and every covenant, agreement or contract at any time made or
entered into by or on behalf of the authority with respect to its
bonds or for the benefit, protection or security of the holders thereof.
(3)
If 2/3 or more of the members of an authority make a determination
that an action taken at a meeting is in response to an emergency situation,
a copy of the minutes of that meeting shall be delivered to the County
Executive as soon as practicable following the meeting and the County
Executive shall have up to 24 hours after the copy of the minutes
has been delivered to approve or veto the minutes of that meeting.
If the County Executive takes no action with respect to the minutes
within the twenty-four-hour period, the minutes shall be deemed approved.
If, within the twenty-four-hour period, the County Executive returns
to the authority and to the Board of County Commissioners the copy
of the minutes with a veto of any action taken by the authority or
any member thereof at the meeting, together with a written explanation
of the reasons for his veto of the action, that action shall be of
no effect unless the Board of County Commissioners overrides the veto
of the action by a majority vote of its full membership within 48
hours of the receipt of the veto action.
[Amended by Ord. No. 76-5; Ord. No. 77-50; Ord. No. 92-3]
A.
The County Executive shall be the representative of the County government
for collective bargaining with employees, pursuant to law. He/she
may designate one or more subordinates to serve with him/her or in
his/her stead in negotiations.
B.
The Sheriff and the County Executive shall be the joint collective
bargaining agents for Collective Bargaining with employees of the
Sheriff's office.
C.
The Prosecutor shall be the representative of the County for collective
bargaining with employees of his office.
D.
The Superintendent of Elections shall be the representative of the
County for collective bargaining with employees of his office.
