N.J. Stat. tit. 40, ch. 41A

N.J. Stat. tit. 40, ch. 41A
in effect

N.J. Stat. § 40:41A-1 Submission of charter study question.

1. a. Whenever authorized by resolution of the board of freeholders or on petition of the registered voters of any county, an election shall be held in the county upon the question, "Shall a charter study commission be created to study the present governmental structure of. . . county, to consider and make findings concerning the form of county government and to make recommendations thereon?" A petition calling for such an election shall bear the signatures of a number of persons registered to vote in the county equal to or exceeding in number ten percent of the persons registered to vote in the county on the 40th day preceding the most recent previous primary or general election. Whenever such resolution or petition shall be filed with him, the county clerk shall provide for submission of the question at the next general election occurring not less than 60 days after the date of such filing. At the election, the question shall be submitted in the same manner as other public questions. When a resolution or petition for the creation of a charter study commission has been duly filed with the county clerk, no other such resolution or petition and no other proceedings for the adoption of any other charter or form of government available to the county may be filed unless the voters shall decide the aforesaid question in the negative or until the charter study commission created by the voters shall have been discharged. b. On and after the effective date of P.L.2020, c.67, for the purposes of P.L.1972, c.154 (C.40:41A-1 et seq.), the term "board of chosen freeholders" shall be replaced by the term "board of county commissioners" and the terms "freeholder" and "chosen freeholder" shall be replaced by the term "county commissioner." After the effective date of P.L.2020, c.67, the county letterheads, stationery, and other writings, once exhausted, shall be replaced with new letterheads, stationery, and other writings with the title of board of county commissioners. No later than one year following the effective date of P.L.2020, c.67, the Internet website of a county, shall bear the title of board of county commissioners. Any county signs or other writings bearing the former title of board of chosen freeholders, which would require the expenditure of county funds to update or replace, shall be changed to bear the title of board of county commissioners upon the next update or replacement made in the ordinary course of business. L.1972, c.154, s.1; amended 1975, c.84, s.1; 2020, c.67, s.3.

N.J. Stat. § 40:41A-2 Election of charter study commission

At the same election as the public question is submitted, seven members of an 11-member charter study commission shall be elected by the county's registered voters. There shall be placed on the ballot the names of charter study commission candidates who shall have been nominated in the same manner as provided by law for candidates nominated by petition for freeholder, except that they shall be listed without party or other designation or slogan. The voting instructions shall state that the voter may vote on the question and that, regardless of how or whether he voted on the charter question, he may vote for seven members of a charter study commission who shall serve if the question is determined in the affirmative. L.1972, c. 154, s. 2, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 2, eff. May 5, 1975.

N.J. Stat. § 40:41A-3 Nominating petitions

Candidates for the charter study commission shall be persons who were registered voters of the county as of the date of the most recent preceding general election. They may be nominated by petition signed by at least 200 registered voters. Said petition shall be filed not less than 40 days before the date of the election. a. Each nominating petition shall set forth the name, place of residence, and post office address of the candidate thereby nominated, that the nomination is for the office of charter study commissioner and that the petitioners are legally qualified to vote for such candidate. Every voter signing a nominating petition shall add to his signature, his place of residence, post office address and street number, if any. No voter shall sign petitions for more than nine candidates. No petition shall set forth the name of more than one candidate. b. Each nominating petition shall, before it may be filed with the county clerk, contain an acceptance of such nomination in writing, signed by the candidate therein nominated, upon or annexed to such petition, or if the same person be named in more than one petition, upon or annexed to one of such petitions. Such acceptance shall certify that the nominee is a registered voter of the county, that he consents to stand as a candidate at the election and that, if elected, he agrees to take office and serve. c. Each nominating petition shall be verified by an oath or affirmation of one or more of the signers thereof, taken and subscribed before a person qualified under the laws of New Jersey to administer an oath, to the effect that the petition was signed by each of the signers thereof in his proper handwriting, that the signers are, to the best knowledge and belief of the affiant, registered voters of the county, and that the petition is prepared and filed in good faith for the sole purpose of endorsing the person named therein for election as stated in the petition. d. All candidates shall be listed together on the same line or column of or position on the ballot, with no bracketing or separation into separate groups and with no slogans under any name. In no way shall slates or tickets be designated or suggested on the ballot. L.1972, c. 154, s. 3, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-4 Canvass of returns

The results of the votes cast for and against the charter study question shall be returned by election officers, and a canvass of such election had, as is provided by law in the case of other public questions put to the voters of a county. The votes cast for members of the charter study commission shall be counted, and the result thereof returned by the election officers, and a canvass of such election had, as is provided by law in the case of the election of members of the board of freeholders. The seven candidates receiving the greatest number of votes shall be elected to the charter study commission, provided that if a majority of those voting on the public question shall vote against the election of a charter study commission, none of the candidates shall be elected. If two or more candidates shall receive the same number of votes, and such number of votes shall qualify both election to the seventh and last remaining vacancy on the commission, they shall draw lots to determine which one shall be elected. Prior to the convening of the first meeting of the charter study commission, four additional members shall be appointed to the commission from among the citizens and residents of the county. Of the four appointed members, two shall be appointed by the chairman of the county committee of each of the two political parties whose candidates for Governor received the largest number of votes at the most recent gubernatorial election. L.1972, c. 154, s. 4, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 3, eff. May 5, 1975.

N.J. Stat. § 40:41A-5 Organization meeting of commission

The county clerk shall convene the first meeting of the charter study commission as soon as possible and in any event no later than 15 days after its election. At that meeting the charter study commission shall organize itself and elect one of its members as chairman, and another as vice-chairman, fix its hours and place or places of meeting, and adopt such rules for the conduct of its business as it may deem necessary and advisable. A majority of the members of said commission shall constitute a quorum for the transaction of business but no recommendation of said commission shall have any legal effect pursuant to sections 12 through 14 of this act unless adopted by a majority of the whole number of the members of the commission. The chairman of the charter commission shall thereafter convene and preside over all meetings. In his absence or if he is disabled, the vice-chairman shall serve in his place. L.1972, c. 154, s. 5, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-6 Vacancies

Any vacancy occurring in any of the offices held by the seven elected members to the charter commission shall be filled by the unsuccessful candidate who shall have received the greatest number of votes in the charter study commission election if he shall be available to fill such vacancy. In the event that the vacancy cannot be filled in this manner, the remaining members of the charter study commission shall appoint some other properly qualified citizen. Any vacancy in the office of any of the appointed members to the charter study commission shall be filled in the same manner as the original appointment. L.1972, c. 154, s. 6, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 4, eff. May 5, 1975.

N.J. Stat. § 40:41A-7 Duties of commission

It shall be the function and duty of the charter study commission to study the form of government of the county, to compare it with other forms available under the laws of this State, to determine whether or not in its judgment the government of the county could be strengthened, made more clearly responsive or accountable to the people or whether its operation could be more economical or efficient, under a changed form of government. L.1972, c. 154, s. 7, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-8 Advisors to the charter study commission

In any county in which a charter study commission has been established under this act, there shall also be established an advisory body to be known as the advisory board whose members shall have the right to participate in the deliberations of the charter study commission, but without the right to vote on commission recommendations or to endorse or dissent from any report of the commission by virtue of their official advisory role, although this in no way shall be deemed to inhibit their right to make comments as individuals after the release to the public of the charter study commission's report. The advisory board shall consist of the persons who, as of the second Tuesday of January next following the commission's organization meeting, shall hold the following offices: the director of the county board of freeholders, the county chairmen of the two political parties which received the largest vote in the county in three out of four of the most recent gubernatorial elections, the mayor of the municipality having the largest population in the county and the mayor of the municipality having the smallest population of over 250 in the county, according to the last population estimate published by the New Jersey Department of Labor and Industry, one Senator and one member of the General Assembly, both of whom shall be residents of the county at the time of their election to the advisory body. The Senator and member of the General Assembly shall be elected to the advisory body by a majority vote of the whole number of the county's board of chosen freeholders within 1 week of the approval of the charter study referendum by the county's voters. Nothing in this act shall be deemed to prohibit the board of chosen freeholders from electing as legislative members of the advisory body any persons who are not at the time of their election to the advisory board incumbent legislators but who will be legislators as of 3 p.m. on the second Tuesday of January following the election of the charter study commission. If there is not at least one Senator and one member of the General Assembly residing in the county as of 7 days after the approval of the charter study referendum by the voters, the board of freeholders shall fill the seat or seats in question by electing one or two mayors of municipalities within the county to membership on the advisory board. If the advisory board shall include among its members three or four mayors pursuant to the above provisions, no more than two of these mayors shall be of the same political party, unless there are no mayors of another party or without party affiliation in the county who will accept election to the advisory board. The mayor of any municipality operating under a nonpartisan form of government shall be deemed to be a member of the party in whose primary election he last voted. If he shall never have voted in a primary election, he shall be deemed to have no party affiliation. The membership of the advisory board shall be promulgated by the chairman of the charter study commission not later than 3 p.m. on the second Tuesday of January following the commission's organization meeting. If for any reason any member of the advisory board shall vacate the office by virtue of which he sits on the board, his successor, regardless of such successor's party affiliation, shall also succeed him on the board on the effective date of his assuming his predecessor's office. L.1972, c. 154, s. 8, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 5, eff. May 5, 1975.

N.J. Stat. § 40:41A-9 State participation in charter studies

The Commissioner of the New Jersey Department of Community Affairs or his designee shall serve ex officio as a nonvoting advisor to all charter study commissions established under this act. It shall be his duty to collect, evaluate and transmit to each charter study commission such information, advice, plans, and policies as he may deem pertinent to county government and its relationship to State and municipal government. He shall meet with the charter study commission as frequently as the commission shall request in order to assist the commission in determining the best form to recommend for the county's government. L.1972, c. 154, s. 9, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-10 Expenses and compensation of the commission

Members of the charter study commission shall serve without compensation but shall be reimbursed by the county for their necessary expenses incurred in the performance of their duties. Upon submission of a budget by the charter study commission during the first week of January next following its election, the board of freeholders shall appropriate a sum adequate to support a full study of the county's government as set forth in section 7, as well as the printing, and publication of its reports, findings and recommendations as set forth in section 12 of this act. Within the limits of such appropriations and privately contributed funds and services as shall be made available to it, the charter study commission may appoint one or more consultants and clerical and other assistants to serve at the pleasure of the commission and may fix a reasonable compensation to be paid such consultants and clerical and other assistants. L.1972, c. 154, s. 10, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-11 Dissemination of information

The charter study commission shall hold public hearings, may hold private hearings, sponsor public forums and otherwise provide for the widest possible dissemination of information and the stimulation of public discussion respecting the purposes and progress of its work. L.1972, c. 154, s. 11, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-12 Report and publication of findings

The charter study commission shall report its findings and recommendations to the citizens of the county on or before the end of the ninth calendar month next following the date of its election in the form of a final report which it shall file with the county clerk. It shall cause a sufficient number of copies of its final report to be published and delivered to the county clerk, who shall distribute it to all elected county and municipal officials. In addition, there shall be printed and made available at cost to the public at large a number of copies equal to at least 1% of the county's registered voters as of forty days before the most recent previous primary or general election. The commission shall publish on two successive weeks in the manner provided by section 142 of this act the full text of the proposed charter, together with a summary of its findings and recommendations, a summary of the provisions of the plan, if any, which it recommends for approval, and an analysis of and commentary upon such plan. L.1972, c. 154, s. 12, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-13 Recommendations

The charter study commission may report and recommend: a. That a referendum be held to submit to the voters of the county the question of adopting that one of the optional forms of government set forth in articles 3 to 6, inclusive, of this act, that the commission has designated; or b. That the board of freeholders shall petition the Legislature for the enactment of a special charter, the text of which shall be appended to the charter study commission's report pursuant to Article IV, Section VII, Paragraph 10, of the State Constitution 1947 and to the enabling legislation enacted thereunder to the extent that such legislation is not inconsistent herewith; or c. That the form of government of the county shall remain unchanged. The commission may also draft and submit to the freeholders whatever recommendations it deems appropriate for the efficient administration of the county. Such recommendations may include a model administrative code. Such recommendations may be adopted by the freeholders in whole or in part, whether or not a new charter proposal is recommended by the commission or approved by the voters. L.1972, c. 154, s. 13, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-14 Additional recommendations

If the charter study commission shall vote to recommend adoption of one of the optional forms set forth in articles 3 to 6, inclusive, of this act, it shall also consider and make findings with respect to each of the three subjects set forth in subsections a, b, and c of this section and determine which plan would provide the best representation of the people of the county. The final report shall set forth said findings and determinations in detail. Based upon said findings and determinations, the commission shall designate, as an integral part of its recommended plan, its choice of alternatives as follows: a. Board size and term. The commission shall recommend that the board be composed of five, seven or nine members, each of whom shall hold office for a term of 3 years. b. Concurrency of terms. The commission shall recommend either a continuation of the present system of nonconcurrent terms or the adoption of a new system of concurrent terms. c. Constituencies. The commission shall recommend that all board members be elected at large, or that they be elected by districts, or that they be elected both at large and by districts. If the last recommendation is made, the number of freeholders elected by districts shall be as follows: in a county selecting a five-member board three shall be by district; in a county selecting a seven-member board four shall be by districts; and in a county selecting a nine-member board five shall be by districts. Nothing in this paragraph shall apply to those officials whose constituency, term or method of election is defined in subsequent sections of this act. L.1972, c. 154, s. 14, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-15 Date of charter referendum

If the charter study commission shall have recommended the adoption of one of the optional forms of government authorized by articles 3 to 6 inclusive, of this act, the county clerk shall cause a referendum question conforming with the requirements of section 16 to be placed upon the ballot at such time and in such form as the commission shall in its report specify. The commission may specify that the question be submitted at the general election occurring not less than 60 days next following the filing of the commission's report with the county clerk, or, if there be no general election within 120 days next following the filing of its report, then at a special election occurring not less than 60 days or more than 120 days next following such filing of the report. At such election, the referendum question shall appear on the ballot in the same manner as other public questions are printed on the ballot. If the charter study commission shall have prepared an interpretive statement to accompany such question, such interpretive statement shall immediately precede the referendum question on the ballot. L.1972, c. 154, s. 15, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-16 Form of the referendum question

If the charter study commission shall have recommended that the voters approve one of the optional forms contained in this act, the following question, framed by the commission to conform with its recommendations shall be submitted to the voters: "Shall the (designating the caption of article 3, 4, 5 or 6) of the Optional County Charter Law be adopted for county, with provision for a board of freeholders of (designating 5, 7 or 9) members elected for (concurrent or nonconcurrent, as the case may be) terms and elected (all at large, or all from 5, 7 or 9 districts) (or with a combination of 2 at large, 3 by districts, or 3 at large, 4 by districts or 4 at large, 5 by districts, as the case may be)?" L.1972, c. 154, s. 16, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-17 Petition for special charter

If the charter study commission shall have proposed a special charter, it shall be the duty of the board of freeholders to petition the Legislature forthwith for a special law or laws, pursuant to the State Constitution and in the manner provided by general enabling legislation thereunder, to carry out the recommendations of the charter study commission. Upon enactment of such enabling legislation, the special charter shall be submitted to the voters of the petitioning county for adoption in a manner provided in sections 15 and 16 of this act, or as may otherwise be appropriate. No special charter shall become operative until approved by a majority of all of the votes cast for and against said adoption. L.1972, c. 154, s. 17, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 6, eff. May 5, 1975.

N.J. Stat. § 40:41A-18 Discharge of commission

If the commission shall recommend that no change in the form of the county's government be made, the commission shall be discharged as of the date of the filing of its report. If the commission shall recommend that one of the optional plans set forth in articles 3 through 6 of this act be adopted, it shall be discharged when the plan is approved or rejected by the electorate. If the commission shall recommend that a petition be presented to the Legislature for a special charter, the commission shall be discharged when the board of freeholders shall have taken all necessary steps to present the bill to the Legislature. L.1972, c. 154, s. 18, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-19 Adoption of optional plan

The registered voters of any county may, without a charter study commission, adopt any of the optional plans provided in articles 3 through 6 inclusive, of this act upon petition and referendum, as hereinafter provided. L.1972, c. 154, s. 19, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-20 Petition; contents; filing; election; ballot

Upon the filing with the county clerk of such petition of the registered voters of any county, an election shall be held in the county upon the question of adopting any of the optional plans of government provided in articles 3 through 6 inclusive of this act. The petition calling for such election shall be signed by a number of registered voters not less than 15% of the number of persons registered to vote in the county as of 40 days before the primary or general election next preceding the date of filing of such petition. The petition shall designate the plan to be voted upon and the question to be placed upon the ballot shall be in the same form as is required by section 16 of this act. L.1972, c. 154, s. 20, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-21 Election; time; ballot

The county clerk shall cause the question to be submitted at the general election occurring not less than 60 days next following the filing of the petition, or, if there be no general election with 120 days next following the filing of the petition, then at a special election occurring not less than 60 days and not more than 120 days next following the filing of such petition. At such election, the referendum question shall appear on the ballot in the same manner as other public questions are printed on the ballot. L.1972, c. 154, s. 21, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-22 Moratorium on other petitions

When a petition for a referendum pursuant to section 19 shall have been duly filed with the county clerk, no other such petition, and no resolution or other proceedings for the adoption of any other charter or form of government available to the county may be filed unless and until the voters shall decide said referendum question in the negative. L.1972, c. 154, s. 22, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-23 After adoption or rejection, no vote on change for 3 years

Whenever the question of whether to adopt one of the optional forms of government provided in articles 3, 4, 5 or 6 of this act shall have been placed before the voters of a county in a referendum at a general or special election, no subsequent referendum question to change the form of government shall be submitted to the voters until not less than 3 years shall have elapsed after the effective date of the optional form approved by the voters, or, in the case of a proposed change which was defeated at a referendum election, until 3 years shall have elapsed after the date of the election. L.1972, c. 154, s. 23, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 7, eff. May 5, 1975.

N.J. Stat. § 40:41A-24 Incorporation

The inhabitants of any county shall within the boundaries of that county be and remain a body corporate and politic, with perpetual succession. L.1972, c. 154, s. 24, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-25 Government of county after adoption of optional plan

Upon adoption by the registered voters of any county of any of the optional forms of government set forth in this act, the county shall thereafter be governed by the plan adopted, by the provisions of this law applicable to all optional plans, and by all general laws, subject to the transitional provisions in article 7 of this act. L.1972, c. 154, s. 25, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-26 General law

For the purposes of this act, a "general law" shall be deemed to be such law or part thereof, heretofore or hereafter enacted, that: a. Is not inconsistent with this act; and b. Is by its terms applicable to or available to all counties, or; c. Is applicable to all counties or to any category or class of counties, and deals with one or more of the following subjects: the administration of the judicial system, education, elections, health, county public authorities, taxation, and finance, and welfare. Nothing in this act shall be construed to prevent counties from abolishing or consolidating agencies the existence of which has heretofore been mandated by State statute providing that such abolition or consolidation shall not alter the obligation of the county to continue providing the services previously provided by such abolished or consolidated agency. The intent of this act is to enable a county that has adopted a charter pursuant to this act to cause any duty that has been mandated to it by the Legislature to be performed in the most efficient and expeditious manner, and, absent a clear legislative declaration to the contrary, without regard to organizational, structural or personnel provisions contained in the legislation mandating such duty. L.1972, c. 154, s. 26, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 8, eff. May 5, 1975.

N.J. Stat. § 40:41A-27 County powers generally

Any county that has adopted a charter pursuant to this act may, subject to the provisions of such charter, general law and the State Constitution: a. Organize and regulate its internal affairs; create, alter and abolish offices, positions and employments and define the functions, powers and duties thereof; establish qualifications for persons holding offices, positions and employments; and provide for the manner of their appointment and removal and for their term, tenure and compensation. b. Adopt, amend, enforce, and repeal ordinances and resolutions as defined in sections 100 and 101, notwithstanding the effect of any referendum conducted prior to the county's adoption of its charter pursuant to this act. c. Construct, acquire, operate or maintain public improvements, projects or enterprises for any public purposes, subject to such referendum as may otherwise be imposed by law; d. Exercise powers of eminent domain, borrowing and taxation only as provided by general State law; e. Exercise all powers of county government in such manner as its board of freeholders may determine; f. Sue and be sued; have a corporate seal; contract and be contracted with; buy, sell, lease, hold and dispose of real and personal property; appropriate and expend moneys for county purposes; g. Enter into contractual agreements with any other governmental body or group of bodies within or without the borders of the county but within the borders of the State; without regard to whether such other governmental body or group of bodies be a unit of State, county, or municipal government or a school district, authority or special district, to perform on behalf of that unit, any service or function which that unit would be authorized to provide for itself or for any other unit of government; provided, however, that no county shall contract to provide a service or function to any unit in any other county unless the board of freeholders of such other county shall first approve the proposed contract. All contracts under this section shall be specific as to the terms for rendering of services, the level, quality, and scope of the services to be performed, the cost of providing these services, and the duration of the contract. Such contract may provide for binding arbitration or for binding fact-finding procedures to settle disputes or questions arising as to the terms of service and quality and quantity levels thereof to be provided under the contract. All services shall be performed on a cost basis, and no contract shall be for a duration of more than 7 years. Nothing in this section shall be construed to prevent two or more counties from jointly undertaking a contract to provide a service or function to any other unit or group of units. For the purposes of this section, the county shall be deemed to be the general agent of the other party or parties to the contract with respect to the performance of the service or services as specified in the contract, with full powers of performance and maintenance of the service contracted for and full powers to undertake any operation ancillary thereto, and all other powers of enforcement and administrative regulation which are or might be exercised by the contracting principal. Except that no contracting party shall be liable for any part or share of the cost of constructing or maintaining any capital facility built by the county to provide such service unless such part or share of the cost of such capital facility's construction or maintenance is provided for in the contract between the two parties and the governing bodies of such contracting parties shall have ratified the contract. Nothing in this section shall be construed to prevent the contracting for provision of more than one service or group of services by the county, and the county may become the agent of any other unit of government in the performance of any and all functions which the contracting unit sees fit to employ the county as agent to perform. However, the administration of municipal civil service may not be contracted to any county under this section. L.1972, c. 154, s. 27, eff. Sept. 19, 1972. Amended by L.1974, c. 144, s. 1, eff. Nov. 11, 1974; L.1975, c. 84, s. 9, eff. May 5, 1975.

N.J. Stat. § 40:41A-28 Municipal powers

Nothing in this act shall be construed to impair or diminish or infringe on the powers and duties of municipalities under the general law of this State. It is the intent of this act only to permit municipalities to employ services and facilities of the county for more effective, efficient, and adequate provision of services if and when municipalities may deem it desirable to do so. Municipalities are and shall remain the broad repository of local police power in terms of the right and power to legislate for the general health, safety and welfare of their residents. L.1972, c. 154, s. 28, eff. Sept. 19, 1972. Amended by L.1981, c. 48, s. 1, eff. Feb. 25, 1981.

N.J. Stat. § 40:41A-29 Municipal or regional advisory councils

The board of freeholders shall by resolution establish a municipal advisory council consisting of the mayors of all municipalities in the county and in addition, the board may establish regional advisory councils consisting of the mayors of neighboring municipalities or municipalities that have common interests or problems. The board of freeholders shall meet periodically with the advisory councils to discuss county and municipal problems, county-municipal relations, cooperation in service problems, coordination of operations and capital facilities development, and other subjects of mutual interest in order to provide closer county-municipal liaison and cooperation. L.1972, c. 154, s. 29, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 10, eff. May 5, 1975.

N.J. Stat. § 40:41A-30 Grant of powers to county

30. The grant of powers under this act is intended to be as broad as is consistent with the Constitution of New Jersey and with general law relating to local government. The grant of powers shall be construed as liberally as possible in regard to the county's right to reorganize its own form of government, to reorganize its structure and to alter or abolish its agencies, subject to the general mandate of performing services, whether they be performed by the agency previously established or by a new agency or another department of county government. All county offices, boards, commissions and authorities authorized or established by statute, other than an authority organized under the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.), those boards and offices which are subject to the provisions of subsection b. of section 125 of P.L.1972, c.154 (C.40:41A-125), and other than educational institutions authorized or established pursuant to Title 18A of the New Jersey Statutes, shall be considered to be county agencies for the purposes of this section. Based on the need to develop effective services to meet problems which cross municipal boundaries and which cannot be met effectively on an individual basis by the municipalities or the State, this act shall be construed as intending to give the county power to establish innovative programs and to perform such regional services as any municipality or the State may determine, in its own best interest, to have the county perform on a contractual basis. L.1972,c.154,s.30; amended 1981,c.48,s.2; 1997,c.39,s.1.

N.J. Stat. § 40:41A-31 Form; designation

The form of government provided in this article shall be known as the "county executive plan," and shall, together with articles 2 and 7 of this act, govern any county whose voters have adopted it pursuant to this act. L.1972, c. 154, s. 31, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-32 Elected officers; governing body defined; exercise of administrative or executive functions by county executive

a. Each county operating under this article shall be governed by an elected board of freeholders and an elected county executive and by such other officers and employees as may be duly appointed pursuant to this act, general law, or ordinance. b. In each county operating under this article, the term "governing body" of the county shall be construed to include both the board of freeholders and the county executive. For the purpose of the construction of all other applicable statutes, any and all administrative or executive functions heretofore assigned by general law to the board of freeholders shall be exercised by the county executive, and any and all legislative and investigative functions heretofore assigned by general law to the board of freeholders shall be exercised by the board, all in accordance with the separation of powers provided for in section 86 of the act of which this act is amendatory (C. 40:41A-86). L.1972, c. 154, s. 32, eff. Sept. 19, 1972. Amended by L.1978, c. 141, s. 1, eff. Nov. 13, 1978.

N.J. Stat. § 40:41A-33 Qualifications, election, term

The county executive shall be a qualified voter of the county residing in the county. He shall be elected from the county at large for a term of 4 years commencing on January 1 next following his election. L.1972, c. 154, s. 33, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-34 Salary

The salary of the county executive shall be fixed by ordinance of the board of freeholders; such salary shall be reasonable and commensurate with the duties of the office and with the fact that the position of county executive is and shall be a full-time position. The salary of the county executive may not be lowered during his tenure in office. L.1972, c. 154, s. 34, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-35 County executive, filling of vacancy in office; procedure.

35. The office of county executive shall be deemed vacant if the incumbent moves his residence from the county or he is by death, physical or mental illness or other casualty unable to continue to serve as county executive. Any vacancy in the office of county executive shall be filled by election for the unexpired term only at the next general election occurring not less than 51 days after the occurrence of the vacancy, except that no such vacancy shall be filled at the general election which immediately precedes the expiration of the term in which the vacancy occurs. In the event a vacancy eligible to be filled by election hereunder occurs on or before the sixth day preceding the last day for filing petitions for nomination for the primary election, such petitions may be prepared and filed for nomination in that primary election in the manner provided by article 3 of chapter 23 of Title 19 of the Revised Statutes. In the event the vacancy occurs after that sixth day preceding the last day for filing petitions for nomination for the primary election, a political party may select a candidate for the office in question in the manner prescribed in subsections a. and b. of R.S.19:13-20 for selecting candidates to fill vacancies among candidates nominated at primary elections. A statement of such selection under R.S.19:13-20 shall be filed with the county clerk not later than the 48th day preceding the date of the general election. Besides the selection of candidates by each political party, candidates may also be nominated by petition in a manner similar to direct nomination by petition for the general election; but if the candidate of any party to fill the vacancy will be chosen at a primary election, such petition shall be filed with the county clerk at least 55 days prior to the primary election; and if no candidate of any party will be chosen at a primary election, such petition shall be filed with the county clerk not later than 12 o'clock noon of the day on which the first selection meeting by any party is held under this section to select a nominee to fill the vacancy. When the vacancy occurs, the county clerk of the county shall forthwith give notice thereof to the chairman of the county committee of each political party. During the temporary absence or temporary disability of the county executive the chief administrator shall serve as acting county executive. L.1972,c.154,s.35; amended 2000, c.131, s.1.

N.J. Stat. § 40:41A-35.1 Filling of vacancy, interim selection pending election of successor.

2. In the case of a vacancy occurring with respect to a county executive who was elected as the candidate of a political party which at the last preceding general election held received the largest number of votes or the next largest number of votes in the county for members of the board of chosen freeholders, for the interim period pending the election and qualification of a permanent successor to fill the vacancy, or for the interim period constituting the remainder of the term in the case of a vacancy occurring which cannot be filled pursuant to section 35 of P.L.1972, c.154 (C.40:41A-35) at a general election, the vacancy shall be filled within 35 days by a member of the political party of which the person who vacated the office was the candidate at the time of the candidate's election thereto. The interim successor shall be selected by the appropriate political party's county committee in the same manner prescribed in subsections a. and b. of R.S.19:13-20 for selecting candidates to fill vacancies among candidates nominated at primary elections. Members of the political party's county committee who are empowered to select a candidate for the vacated office shall only nominate a candidate from the floor during the selection meeting called under R.S.19:13-20 by the chairman or chairmen of the committee and shall present written evidence of the nominee's acceptance of the nomination. A statement of the selection of that successor shall be certified to and filed with the county clerk in the same manner prescribed by subsection d. of that section for certifying statements concerning the selection of such candidates. The county clerk shall thereupon issue to the interim successor a certificate of selection based upon that filed statement of selection, and shall sign the clerk's name and affix the seal of the State thereto, and shall without delay deliver that statement to the person so selected. L.2000,c.131,s.2.

N.J. Stat. § 40:41A-36 Duties

The executive power of the county shall be exercised by the county executive. He shall: a. Report annually to the board of freeholders 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. L.1972, c. 154, s. 36, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 11, eff. May 5, 1975.

N.J. Stat. § 40:41A-37 Powers of county executive

37. 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; c. May, at his discretion, remove or suspend any official in the unclassified service of the county over whose office the county executive has power of appointment in accordance with the provisions of section 87b.; 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 article; 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 two-thirds 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. 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 (C.40:14A-1 et seq.), P.L.1957, c.183 (C.40:14B-1 et seq.) or P.L.1960, c.183 (C.40:37A-44 et seq.). If, within the 10-day period, the county executive returns to the authority and to the board of freeholders 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 freeholders 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 10-day period. If the county executive takes no action with respect to the minutes within the 10-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. 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. If two-thirds 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 24-hour period, the minutes shall be deemed approved. If, within the 24-hour period, the county executive returns to the authority and to the board of freeholders 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 freeholders overrides the veto of the action by a majority vote of its full membership within 48 hours of the receipt of the veto action. L.1972,c.154,s.37; amended 1975,c.84,s.12; 1975,c.257,s.1; 1978,c.141,s.2; 1995,c.91,s.1.

N.J. Stat. § 40:41A-38 Legislative power; exercise by ordinance; exceptions; exercise by resolution

The legislative power of the county shall be vested in the board of chosen freeholders. Such legislative power shall be exercised by ordinance, except for the exercise of the following powers which are required to be, or are permitted to be, exercised by resolution: a. The establishment of a municipal advisory council pursuant to section 29 of P.L.1972, c. 154 (C. 40:41A-29); b. The conduct of an inquiry or investigation pursuant to section 86 of such act (C. 40:41A-86); c. The expression of disapproval of the suspension or dismissal of officers or employees pursuant to section 87 of such act (C. 40:41A-87); d. The exercise of the power of advice and consent to actions of the executive pursuant to section 41a. of such act (C. 40:41A-41a.); e. The override of a veto of the county executive pursuant to section 41f. of such act (C. 40:41A-41f.); f. The adoption of rules for the board pursuant to section 100 of such act (C. 40:41A-100); g. The establishment of times and places for board meetings pursuant to section 99 of such act (C. 40:41A-99); h. 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 (C. 40:41A-86); i. The declaration of emergencies pursuant to section 101c. of such act (C. 40:41A-101c.); j. The identification of emergency situations pursuant to section 128 of such act (C. 40:41A-128); k. Application for a county department of civil service pursuant to section 130 of such act (C. 40:41A-130); l . Designation of qualified newspapers pursuant to section 142 of such act (C. 40:41A-142); m. The appointment and removal of such officers and employees as the board is permitted by law; n. Approval of contracts presented by the county executive; o. Actions specified as resolutions in the "Local Budget Law" (N.J.S. 40A:4-1 et seq.); p. Consent to municipal ordinances or resolutions regulating traffic or parking on county roads pursuant to section 1 of P.L. 1957, c. 69 (C. 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 (C. 40:41A-37g.), and to the requirements set forth therein for overriding a veto; and q. The expression of such board policies or opinions as require no formal action by the governing body. L.1972, c. 154, s. 38; eff. Sept. 19, 1972. Amended by L.1978, c. 141, s. 3, eff. Nov. 13, 1978; L.1983, c. 199, s. 1, eff. May 31, 1983.

N.J. Stat. § 40:41A-39 Chairman and vice-chairman; selection

At its organizational meeting each January the board shall select one of its members to serve as chairman and one as vice-chairman for the year. L.1972, c. 154, s. 39, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-40 County executive at meetings

The county executive may be present and participate in discussions at all board meetings. L.1972, c. 154, s. 40, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-41 Board powers

The board of freeholders: a. Shall advise and consent to all appointment by the executive for which board confirmation is specified under this article; b. Shall pass in accordance with this act whatever ordinances and resolutions it deems necessary and proper for the good governance of the county; c. Shall appoint a clerk to the board who shall keep the records and minutes of the board, and who shall serve at the pleasure of the board or for such term, not to exceed 3 years, as may be provided by the administrative code; provided, however, that an ordinance providing for the adoption of any such term shall not be enacted between October 1 of any year and January 1 of the succeeding year; d. May appoint counsel to the board, if such position is created by the administrative code, to serve at the pleasure of the board; e. May pass a resolution of disapproval or dismissal, subject to the provisions of section 87b. of this act; f. May override a veto of the county executive by a two-thirds vote of its full membership; g. Shall approve the annual operating and capital budgets pursuant to the Local Budget Law. L.1972, c. 154, s. 41, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 13, eff. May 5, 1975; L.1978, c. 141, s. 4, eff. Nov. 13, 1978.

N.J. Stat. § 40:41A-42 Appointment

The county executive shall appoint an administrator who shall serve at his pleasure. The board shall advise and consent to his nomination but shall not prevent his suspension or dismissal by passage of a resolution of disapproval. L.1972, c. 154, s. 42, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 14, eff. May 5, 1975.

N.J. Stat. § 40:41A-43 Qualifications

The administrator shall by education, experience and ability be qualified to perform the duties established for him. He need not be a resident of the county at the time of his appointment, but during his tenure he may live outside the county only with the permission of the county executive. L.1972, c. 154, s. 43, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 15, eff. May 5, 1975.

N.J. Stat. § 40:41A-44 Duties

The administrator shall be responsible only to the executive. He shall, under the direction and supervision of the executive, undertake to assist in the orderly and efficient administration of the county, performing whatever supervisory or administrative duties the executive deems necessary and proper. Nothing in this section shall be deemed to prohibit the administrator's being appointed to head one or more departments on a temporary or permanent basis. L.1972, c. 154, s. 44, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 16, eff. May 5, 1975.

N.J. Stat. § 40:41A-45 Form; designation

The form of government provided in this article shall be known as the "county manager plan," and shall, together with articles 2 and 7 of this act, govern any county whose voters have adopted it pursuant to this act. L.1972, c. 154, s. 45, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-46 Officers

Each county operating under this article shall be governed by an elected board of freeholders and an appointed county manager and by such other officers and employees as may be duly appointed pursuant to this article, general law, or ordinance. L.1972, c. 154, s. 46, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-47 Qualifications, appointment, term

The county manager shall be qualified by either administrative or executive experience and ability to serve as the chief administrator of the county. The county manager shall be appointed by a majority vote of the entire membership of the board of freeholders and shall serve either for a definite contractual term of not less than one year or more than three years, or at the pleasure of the board of freeholders, as determined by resolution at the time of appointment. A contract for a definite term of employment of not less than one year or more than three years may be offered by the board of freeholders to a county manager appointed to serve at the pleasure of the board of freeholders at any time subsequent to that appointment. A contract with a county manager appointed for a definite term of not less than one year or more than three years shall set forth the terms and conditions of employment. The county manager may be removed by a majority vote of the board for cause, or breach of contract, subject to due notice and a public hearing. Such notice shall be in writing and shall be accompanied by a written bill of particular charges and complaints and public hearing on these charges shall be no less than 15 nor more than 30 days after personal service of notice and charges. A county manager serving at the pleasure of the board of freeholders may also be removed by resolution approved by a majority vote of the entire membership of the board. At the time of appointment the county manager need not be a resident of the county but after appointment the county manager may reside outside the county by contractual consent, if there is a contract, or by waiver of a majority of the entire membership of the board of freeholders if the county manager serves at the pleasure of the board of freeholders. A waiver shall not be required if the county manager has already received a waiver from the board of freeholders while employed by the county in another capacity. L.1972,c.154,s.47; amended 1991,c.71,s.1.

N.J. Stat. § 40:41A-48 Salary

The salary of the county manager shall be fixed by the board of freeholders; such salary shall be reasonable and commensurate with the fact that the position of county manager is and shall be a full-time position. The salary of the county manager may not be lowered during his tenure in office. L.1972, c. 154, s. 48, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-49 Vacancies

The office of county manager shall be deemed vacant if: the incumbent moves his residence from the county without board permission; or he is by death, physical or mental illness or other casualty unable to continue to serve as county manager. Any vacancy in the office of county manager shall be filled in the manner prescribed in section 47 of this article. The board of freeholders may appoint the deputy manager or any department head to serve as acting county manager until a successor has been appointed. During the temporary absence or temporary disability of the county manager the deputy manager or a department head designated by the manager if there be no deputy manager, shall serve as acting county manager. L.1972, c. 154, s. 49, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-50 Duties

The executive power of county shall be exercised by the county manager. The county manager shall: a. Report annually to the board of freeholders and to the people on the state of the county, the work of the previous year and 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. Organize the work of county departments subject to the administrative code adopted by the board. He shall further review their administration and operation and make recommendations pertaining thereto to the board; h. 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; i. Develop, install and maintain centralized budgeting, personnel and purchasing procedures as may be authorized by the administrative code; j. Negotiate contracts for the county subject to board approval and make recommendations concerning the nature and location of county improvements and execute improvements determined by the board; k. 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; l. Serve as ex-officio nonvoting member of all appointive bodies in county government. L.1972, c. 154, s. 50, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 17, eff. May 5, 1975.

N.J. Stat. § 40:41A-51 Powers

The county manager: a. Shall supervise, direct and control all county administrative departments; b. Shall appoint the deputy manager, if that position is created by the board, the heads of all county departments and any divisions created within such departments, and all other administrative officers and county personnel the manner of whose appointment is not prescribed elsewhere in this article; c. May, at his discretion, remove or suspend any official in the unclassified service of the county over whose office the county manager has power of appointment in accordance with the provisions of section 87b.; d. May, at his discretion, but subject to any pertinent provisions of the administrative code or civil service requirements, delegate to any department head powers of appointment and removal of their departmental employees. If the county manager 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 the article; 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 to do so. L.1972, c. 154, s. 51, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 18, eff. May 5, 1975; L.1975, c. 257, s. 2, eff. Dec. 9, 1975; L.1978, c. 141, s. 5, eff. Nov. 13, 1978.

N.J. Stat. § 40:41A-52 Legislative power; exercise by ordinance; exceptions; exercise by resolution

The legislative power of the county shall be vested in the board of chosen freeholders. Such legislative power shall be exercised by ordinance, except for the exercise of the following powers which are required to be, or are permitted to be, exercised by resolution: a. The establishment of a municipal advisory council pursuant to section 29 of P.L. 1972, c. 154 (C. 40:41A-29); b. The conduct of an inquiry or investigation pursuant to section 86 of such act (C. 40:41A-86); c. The expression of disapproval of the suspension or dismissal of officers or employees pursuant to section 87 of such act (C. 40:41A-87); d. The adoption of rules for the board pursuant to section 100 of such act (C. 40:41A-100); e. The establishment of times and places for board meetings pursuant to section 99 of such act (C. 40:41A-99); f. 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 (C. 40:41A-86); g. The declaration of emergencies pursuant to section 101c. of such act (C. 40:41A-101c.); h. The identification of emergency situations pursuant to section 128 of such act (C. 40:41A-128); i. Application for a county department of civil service pursuant to section 130 of such act (C. 40:41A-130); j. The election, appointment and removal of such officers and employees as the board is permitted by law; k. Designation of qualified newspapers pursuant to section 142 of such act (C. 40:41A-142); l. Approval of contracts presented by the county manager; m. Actions specified as resolutions in the "Local Budget Law" (N.J.S. 40A:4-1 et seq.); n. Consent to municipal ordinances or resolutions regulating traffic or parking on county roads pursuant to section 1 of P.L.1957, c. 69 (C. 39:4-197.2); and o. The expression of such board policies or opinions as require no formal board action. L.1972, c. 154, s. 52, eff. Sept. 19, 1972. Amended by L.1978, c. 141, s. 6, eff. Nov. 13, 1978; L.1983, c. 199, s. 2, eff. May 31, 1983.

N.J. Stat. § 40:41A-53 Chairman and vice-chairman; election; duties

At its organizational meeting each January the board shall select one of its members to serve as chairman and one to serve as vice-chairman for the year. The chairman shall preside over board meetings during his tenure, and in his absence the vice-chairman shall preside. L.1972, c. 154, s. 53, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-54 County manager; rights at meetings

The county manager may be present at all board meetings and participate in all deliberations, without the right to vote. L.1972, c. 154, s. 54, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-55 Board powers

The board of freeholders: a. Shall appoint a county manager under the provisions of section 47 of this article and may create the office of deputy manager; b. Shall appoint a clerk to the board who shall keep the records and minutes of the board, and who shall serve at the pleasure of the board or for such term, not to exceed 3 years, as may be provided by the administrative code; provided, however, that an ordinance providing for the adoption of any such term shall not be enacted between October 1 of any year and January 1 of the succeeding year; c. Shall appoint a county counsel, who shall head the county's legal department, and who shall serve at the pleasure of the board or for such term, not to exceed 4 years, as may be provided by the administrative code; provided, however, that an ordinance providing for the adoption of any such term shall not be enacted between October 1 of any year and January 1 of the succeeding year. The administrative code may also establish a term, not to exceed 3 years, for the position of assistant county counsel; d. Shall appoint members of all boards and commissions and other bodies whose manner of appointment is not otherwise specified in this article; e. May pass a resolution of disapproval of a suspension or dismissal, subject to the provisions of section 87b. of this act; f. Shall approve the annual operating and capital budgets; g. Shall pass in accordance with this act whatever ordinances and resolutions it deems necessary and proper for the good governance of the county. L.1972, c. 154, s. 55, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 19, eff. May 5, 1975; L.1978, c. 141, s. 7, eff. Nov. 13, 1978.

N.J. Stat. § 40:41A-56 Appointment

Subject to creation of such position the county manager may appoint a deputy manager who shall serve at his pleasure; the board may not prevent his suspension or dismissal by passage of a resolution of disapproval. L.1972, c. 154, s. 56, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-57 Qualifications

The deputy manager shall by education, experience and ability be qualified to perform the duties established for him. He need not be a resident of the county at the time of his appointment, but during his tenure may live outside the county only with the permission of the manager. L.1972, c. 154, s. 57, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-58 Duties

The deputy manager shall be responsible only to the manager. He shall, under the direction and supervision of the manager, undertake to assist in the orderly and efficient administration of the county, performing whatever supervisory or administrative duties the manager deems necessary and proper. Nothing in this section shall be deemed to prohibit the deputy manager's being appointed to head one or more departments on a temporary or permanent basis. L.1972, c. 154, s. 58, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 20, eff. May 5, 1975.

N.J. Stat. § 40:41A-59 Form; designation

The form of government provided in this article shall be known as the "county supervisor plan," and shall, together with articles 2 and 7 of this act, govern any county whose voters have adopted it pursuant to this act. L.1972, c. 154, s. 59, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-60 Elected officers; governing body; definition; exercise of administrative or executive functions by county supervisor

a. Each county operating under this article shall be governed by an elected board of freeholders and an elected county supervisor and by such other officers and employees as may be duly appointed pursuant to this article, general law, or ordinance. b. In each county operating under this article, the term "governing body" of the county shall be construed to include the board of freeholders and the county supervisor. For the purpose of the construction of all other applicable statutes, any and all administrative or executive functions heretofore assigned by general law to the board of freeholders shall be exercised by the county supervisor, and any and all legislative and investigative functions heretofore assigned by general law to the board of freeholders shall be exercised by the board, all in accordance with the separation of powers provided for in section 86 of the act of which this act is amendatory (C. 40:41A-86). L.1972, c. 154, s. 60, eff. Sept. 19, 1972. Amended by L.1978, c. 141, s. 8, eff. Nov. 13, 1978.

N.J. Stat. § 40:41A-61 Qualifications, election, term

The county supervisor shall be a qualified voter of the county residing in the county. He shall be elected from the county at large for a term of 3 years commencing on January 1 next following his election. L.1972, c. 154, s. 61, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-62 Salary

The salary of the county supervisor shall be fixed by ordinance of the board of freeholders; such salary shall be reasonable and commensurate with the duties of the office and may not be lowered during his tenure in office. L.1972, c. 154, s. 62, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-63 Vacancies

The office of county supervisor shall be deemed vacant if the incumbent moves his residence from the county or he is by death, physical or mental illness or other casualty unable to continue to serve as county supervisor. Any vacancy in the office of county supervisor shall be filled in the manner prescribed by law for the election of county officers at the next general election occurring not less than 60 days after the occurrence of the vacancy. The board of freeholders shall appoint one of their number to serve as acting county supervisor until a successor has been elected. During the temporary absence or temporary disability of the county supervisor the administrative officer shall serve as acting county supervisor, except that he shall not preside over freeholder board meetings. L.1972, c. 154, s. 63, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 21, eff. May 5, 1975.

N.J. Stat. § 40:41A-64 Duties

The executive power of the county shall be exercised by the county supervisor. The county supervisor shall: a. Report annually to the board of freeholders 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. Preside over board meetings, with the right to vote in cases of ties; during his absence the board shall designate one of their members to serve as chairman pro tempore of the board; c. Serve as spokesman for the board on matters concerning policies and programs; d. Serve as representative of the board at ceremonial and civic occasions; e. Through the county administrative officer; enforce the county charter, the county's laws and all general laws applicable thereto; f. Serve as ex-officio nonvoting member of all appointive bodies in county government; g. Represent the board in all dealings with the county administrative officer, except as otherwise specified herein; h. Sign all contracts, bonds or other instruments requiring the consent of the county. L.1972, c. 154, s. 64, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 22, eff. May 5, 1975.

N.J. Stat. § 40:41A-65 Powers

The county supervisor shall: a. Insure adequate supervision, direction and control of all county administrative departments, and care and maintenance of all county properties, institutions and agencies by the county administrator; b. With the advice and consent of the board, appoint members of boards, commissions and authorities, and all other officials whose manner of appointment is not prescribed elsewhere in this article; c. At his discretion, remove or suspend anyone occupying one of the offices over which the county supervisor has power of appointment in accordance with the provisions of section 87b.; d. At his discretion, require from the county administrative officer reports, and examine the accounts, records and operations of any agency of county government; e. 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 to do so; f. 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 two-thirds of the full membership of the board, upon reconsideration of the measure, shall vote for it, the supervisor's veto shall be overridden and the ordinance shall become law without the supervisor's signature in accordance with the provisions of law. L.1972, c. 154, s. 65, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 23, eff. May 5, 1975; L.1975, c. 257, s. 3, eff. Dec. 9, 1975.

N.J. Stat. § 40:41A-66 Legislative power; exercise by ordinance; exceptions; exercise by resolution

The legislative power of the county shall be vested in the board of chosen freeholders. Such legislative power shall be exercised by ordinance, except for the exercise of the following powers which are required to be, or are permitted to be, exercised by resolution: a. The establishment of a municipal advisory council pursuant to section 29 of P.L.1972, c. 154 (C. 40:41A-29); b. The conduct of an inquiry or investigation pursuant to section 86 of such act (C. 40:41A-86); c. The expression of disapproval of the suspension or dismissal of officers or employees pursuant to section 87 of such act (C. 40:41A-87); d. The exercise of the power of advice and consent to actions of the supervisor pursuant to section 67c. of such act (C. 40:41A-67c.); e. The override of a veto of the county supervisor pursuant to section 67g. of such act (C. 40:41A-67g.); f. The adoption of rules for the board pursuant to section 100 of such act (C. 40:41A-100); g. The establishment of times and places for board meetings pursuant to section 99 of such act (C. 40:41A-99); h. 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 (C. 40:41A-86); i. The declaration of emergencies pursuant to section 101c. of such act (C. 40:41A-101c.); j. The identification of emergency situations pursuant to section 128 of such act (C. 40:41A-128); k. Application for a county department of civil service pursuant to section 130 of such act (C. 40:41A-130); l. Designation of qualified newspapers pursuant to section 142 of such act (C. 40:41A-142); m. The appointment and removal of such officers and employees as the board is permitted by law; n. Approval of contracts presented by the county administrator; o. Actions specified as resolutions in the "Local Budget Law" (N.J.S. 40A:4-1 et seq.); p. Consent to municipal ordinances or resolutions regulating traffic or parking on county roads pursuant to section 1 of P.L.1957, c. 69 (C. 39:4-197.2), except that the resolution of consent shall be subject to the approval or veto of the county supervisor, as provided for in the case of ordinances by subsection f. of section 65 of P.L.1972, c. 154 (C. 40:41A-65f.), and to the requirements set forth therein for overriding a veto; and q. The expression of such board policies or opinions as require no formal action by the governing body. L.1972, c. 154, s. 66, eff. Sept. 19, 1972. Amended by L.1978, c. 141, s. 9, eff. Nov. 13, 1978; L.1983, c. 199, s. 3, eff. May 31, 1983.

N.J. Stat. § 40:41A-67 Board powers

The board of freeholders: a. Shall pass in accordance with this act whatever ordinances and resolutions it deems necessary and proper for the good governance of the county; b. Shall appoint and remove the county administrative officer by a majority vote and may create the office of, appoint and remove, a deputy administrative officer by a majority vote; c. Shall advise and consent to all appointments by the supervisor; d. Shall appoint a clerk to the board who shall keep the records and minutes of the board, and who shall serve at the pleasure of the board or for such term, not to exceed 3 years, as may be provided by the administrative code; provided, however, that a ordinance providing for the adoption of any such term shall not be enacted between October 1 of any year and January 1 of the succeeding year; e. Shall appoint the county counsel, who shall head the county's legal department, and who shall serve at the pleasure of the board or for such term, not to exceed 4 years, as may be provided by the administrative code; provided, however, that an ordinance providing for the adoption of any such term shall not be enacted between October 1 of any year and January 1 of the succeeding year. The administrative code may also establish a term, not to exceed 3 years, for the position of assistant county counsel; f. May pass a resolution of disapproval of a suspension or dismissal, subject to the provisions of section 87b. of this act; g. May override a veto of the county supervisor by a two-thirds vote of its full membership; h. Shall approve the annual operating and capital budgets. L.1972, c. 154, s. 67, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 24, eff. May 5, 1975; L.1978, c. 141, s. 10, eff. Nov. 13, 1978.

N.J. Stat. § 40:41A-68 Appointment

The administrative officer shall serve at the pleasure of the board. L.1972, c. 154, s. 68, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 25, eff. May 5, 1975.

N.J. Stat. § 40:41A-69 Qualifications

The administrative officer shall by education, experience and ability, be qualified to perform the duties established for him. He need not be a resident of the county at the time of his appointment, but during his tenure he may live outside the county only with the permission of the board. L.1972, c. 154, s. 69, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 26, eff. May 5, 1975.

N.J. Stat. § 40:41A-70 Duties

The administrative officer shall be responsible to the board through the supervisor except as specified below. He shall be responsible for the efficient administration of the county's government. He shall: a. Prepare and submit directly 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; b. Supervise the collection of revenues, audit and control all disbursements and expenditures and prepare a complete account of all expenditures; c. Supervise the care and custody of all county property, institutions and agencies; d. Organize the work of county departments, subject to the administrative code adopted by the board. He shall further review administration and make recommendations pertaining thereto to the board through the supervisor; e. 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; f. Develop, install and maintain centralized budgeting, personnel and purchasing procedures as may be authorized by the administrative code; g. Negotiate contracts for the county subject to board approval and make recommendations concerning the nature and location of county improvements to be determined by the board; h. 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. L.1972, c. 154, s. 70, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 27, eff. May 5, 1975.

N.J. Stat. § 40:41A-71 Powers

The administrative officer shall: a. Supervise, direct and control all county administrative departments; b. Appoint the heads of all county departments and, if so provided in the administrative code, of any designated divisions within such departments, and all other county personnel the manner of whose appointment is not prescribed elsewhere in this article; c. At his discretion, remove or suspend any official in the unclassified service of the county over whose office the administrative officer has power of appointment in accordance with the provisions of section 87b.; d. At his discretion, but subject to any pertinent provisions of the administrative code or civil service requirements, delegate to any department head powers of appointment and removal of their departmental employees. If the administrative officer 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; e. At his discretion, require reports and examine the accounts, records and operation 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 to do so. L.1972, c. 154, s. 71, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 28, eff. May 5, 1975; L.1975, c. 257, s. 4, eff. Dec. 9, 1975.

N.J. Stat. § 40:41A-72 Form; designation

The form of government provided in this article shall be known as the "board president plan," and shall, together with articles 2 and 7 of this act, govern any county whose voters have adopted it pursuant to this act. L.1972, c. 154, s. 72, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-73 Elected officers

Each county operating under this article shall be governed by an elected board of freeholders and a freeholder board president and by such other officers and employees as may be duly appointed pursuant to this article, general law, or ordinance. L.1972, c. 154, s. 73, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-74 Qualifications, election, term

The board president shall be a duly elected member of the board of freeholders. He shall be elected by the board of freeholders at their organizational meeting for a term of 1 year, such term to begin immediately after his election. L.1972, c. 154, s. 74, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 29, eff. May 5, 1975.

N.J. Stat. § 40:41A-75 Salary

The salary of the board president shall be fixed by ordinance of the board of freeholders; such salary shall be reasonable and commensurate with the duties of the office. L.1972, c. 154, s. 75, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-76 Vacancies

The office of board president shall be deemed vacant if: the incumbent moves his residence from the county; or he is by death, physical or mental illness or other casualty unable to continue to serve as board president. Any vacancy in the office of board president shall be filled by the board of freeholders, which shall appoint one of their number to serve as board president for the remainder of the unexpired term. During the temporary absence or temporary disability of the board president the vice president shall serve as acting president. L.1972, c. 154, s. 76, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 30, eff. May 5, 1975.

N.J. Stat. § 40:41A-77 Duties

The executive power of the county shall be exercised by the board president. He shall: a. Report annually to the board of freeholders and to the people on the state of the county, the work of the previous year and 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. Preside over board meetings with the right to vote on all questions; c. Serve as spokesman for the board on matters concerning policies and programs; d. Serve as representative of the board at ceremonial and civic occasions; e. Through the administrative officer: enforce the county charter, the county's laws and all general laws applicable thereto; f. Represent the board in all dealings with the administrative officer except as otherwise specified herein; g. Execute all contracts, bonds or other instruments requiring the consent of the county. L.1972, c. 154, s. 77, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 31, eff. May 5, 1975.

N.J. Stat. § 40:41A-78 Powers

The board president shall: a. Insure adequate supervision, direction and control of all county administrative departments, and care and maintenance of all county properties, institutions and agencies by the administrative officer; b. With the advice and consent of the board, appoint all members of boards, commissions and authorities, and all other officials not serving in the administrative service of the county the manner of whose appointment is not prescribed elsewhere in this article; c. Serve as an ex-officio nonvoting member of all appointive bodies in county government; d. At his discretion, require from the administrative officer reports and examine the accounts, records and operations of any agency of county government; e. At his discretion, remove or suspend anyone occupying one of the offices specified in subsection b. of this section subject to the procedures set forth in section 87b. of this act. L.1972, c. 154, s. 78, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 32, eff. May 5, 1975; L.1975, c. 257, s. 5, eff. Dec. 9, 1975.

N.J. Stat. § 40:41A-79 Legislative power; exercise by ordinance; exceptions; exercise by resolution

The legislative power of the county shall be vested in the board of chosen freeholders. Such legislative power shall be exercised by ordinance, except for the exercise of the following powers which are required to be, or are permitted to be, exercised by resolution: a. The establishment of a municipal advisory council pursuant to section 29 of P.L. 1972, c. 154 (C. 40:41A-29); b. The conduct of an inquiry or investigation pursuant to section 86 of such act (C. 40:41A-86); c. The expression of disapproval of the suspension or dismissal of officers or employees pursuant to section 87 of such act (C. 40:41A-87); d. The exercise of the power of advice and consent to actions of the president and administrative officer pursuant to section 81c. of such act (C. 40:41A-81c.); e. The adoption of rules for the board pursuant to section 100 of such act (C. 40:41A-100); f. The establishment of times and places for board meetings pursuant to section 99 of such act (C. 40:41A-99); g. 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 (C. 40:41A-86); h. The declaration of emergencies pursuant to section 101c. of such act (C. 40:41A-101c.); i. The identification of emergency situations pursuant to section 128 of such act (C. 40:41A-128); j. Application for a county department of civil service pursuant to section 130 of such act (C. 40:41A-130); k. Designation of qualified newspapers pursuant to section 142 of such act (C. 40:41A-142); l . The appointment and removal of such officers and employees as the board is permitted by law; m. Approval of contracts presented by the county administrator; n. Actions specified as resolutions in the "Local Budget Law" (N.J.S. 40A:4-1 et seq.); o. Consent to municipal ordinances or resolutions regulating traffic or parking on county roads pursuant to section 1 of P.L.1957, c. 69 (C. 39:4-197.2); and p. The expression of such board policies or opinions as require no formal board action. L.1972, c. 154, s. 79, eff. Sept. 19, 1972. Amended by L.1978, c. 141, s. 11, eff. Nov. 13, 1978; L.1983, c. 199, s. 4, eff. May 31, 1983.

N.J. Stat. § 40:41A-80 President and vice-president; election

The board shall elect a president as specified in this article. At its organizational meeting each January the board shall select one of its members to serve as vice-president for the year. L.1972, c. 154, s. 80, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-81 Board powers

The board of freeholders: a. Shall pass in accordance with this act whatever ordinances or resolutions it deems necessary and proper for the good governance of the county; b. Shall appoint and remove the administrative officer by a majority vote and may create the office of, appoint and remove, a deputy administrative officer by a majority vote; c. Shall advise and consent to all appointments by the president and administrative officer for which board confirmation is specified under this article; d. Shall appoint a clerk to the board who shall keep the records and minutes of the board, and who shall serve at the pleasure of the board or for such term, not to exceed 3 years, as may be provided by the administrative code; provided, however, that an ordinance providing for the adoption of any such term shall not be enacted between October 1 of any year and January 1 of the succeeding year; e. Shall appoint the county counsel, to head the county's legal department, and serve at the pleasure of the board or for such term, not to exceed 4 years, as may be provided by the administrative code; provided, however, that an ordinance providing for the adoption of any such term shall not be enacted between October 1 of any year and January 1 of the succeeding year. The administrative code may also establish a term, not to exceed 3 years, for the position of assistant county counsel; f. May pass a resolution of disapproval of a suspension or dismissal, subject to the provisions of section 87b. of this act; g. Shall approve the annual operating and capital budgets. L.1972, c. 154, s. 81, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 33, eff. May 5, 1975; L.1978, c. 141, s. 12, eff. Nov. 13, 1978.

N.J. Stat. § 40:41A-82 Appointment

The administrative officer shall serve at the pleasure of the board. L.1972, c. 154, s. 82, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 34, eff. May 5, 1975.

N.J. Stat. § 40:41A-83 Qualification

The administrative officer shall by education, experience and ability, be qualified to perform the duties established for him. He need not be a resident of the county at the time of his appointment, but during his tenure he may live outside the county only with the permission of the board. L.1972, c. 154, s. 83, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 35, eff. May 5, 1975.

N.J. Stat. § 40:41A-84 Duties

The administrative officer shall be responsible to the board through the president except as specified below. He shall be responsible for the efficient administration of the county's government. He shall: a. Prepare and submit directly 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; b. Supervise the collection of revenues, and he shall audit and control disbursements and expenditures and shall prepare a complete account of all expenditures; c. Supervise the care and custody of all county property, institutions and agencies; d. Organize the work of county departments, subject to the administrative code adopted by the board. He shall further review their administration and make recommendations pertaining thereto to the board; e. 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; f. Develop, install and maintain centralized budgeting, personnel and purchasing procedures as may be authorized by the administrative code; g. Negotiate contracts for the county subject to board approval and make recommendations concerning the nature and location of county improvements and execute improvements determined by the board; h. 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. L.1972, c. 154, s. 84, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 36, eff. May 5, 1975.

N.J. Stat. § 40:41A-85 Powers

The administrative officer shall: a. Supervise, direct and control all county administrative departments; b. Appoint the heads of all county departments and, if so provided in the administrative code, of any designated divisions within such departments, with the advice and consent of the board of freeholders, and appoint all other county personnel the manner of whose appointment is not prescribed elsewhere in this article; c. At his discretion, remove or suspend any official in the unclassified service of the county over whose office the administrative officer has power of appointment, in accordance with the provisions of section 87b.; d. At his discretion, but subject to any pertinent provisions of the administrative code or civil service requirements, delegate to any department head powers of appointment and removal of his departmental employees. If the administrative officer 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 article; e. At his discretion, require reports and examine the accounts, records and operations of any agency of county government; f. 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 proper and efficient administration to do so. L.1972, c. 154, s. 85, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 37, eff. May 5, 1975; L.1975, c. 257, s. 6, eff. Dec. 1, 1975.

N.J. Stat. § 40:41A-86 Separation of powers

In any county that shall have adopted a charter under this act, the board of chosen freeholders shall deal with county employees only through the officials responsible for the over-all executive management of the county's affairs as designated in articles 3 through 6 of this act--i.e., through the county executive, the county manager, the county supervisor, and the board president, respectively. All contact with county employees, all actions and communications concerning the administration of the county's government and provision of services, shall be through the aforementioned officials, except as otherwise provided in this act. Nothing in this act shall be construed to prohibit the board's inquiry into any act or problem of the county's administration. Any freeholder may require a report on any aspect of the government of the county at any time by making a written request to the head of the executive branch of county government. The board may, be majority vote of the whole number of its members, require the head of the executive branch to appear before the board sitting as a committee of the whole, and to bring before the board such records and reports, and such officials and employees of the county as the board shall deem necessary to insure clarification of the matter under study. The board further may, by majority vote of the whole number of its members, delegate any number of its members as an ad hoc committee to consult with the head of the executive branch to study any matter and to report to the board thereon. It is the intent of this act to confer on the board general legislative and such investigative powers as are germane to the exercise of its legislative powers, but to retain in the head of the executive branch full control over the county administration and over the administration of county services provided for in this act. L.1972, c. 154, s. 86, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-87 Appointments and dismissal; suspension procedure

a. No member of any board of chosen freeholders in a county operating under a charter adopted pursuant to this act shall individually or collectively seek to influence the head of the executive branch to dismiss any person from, or to appoint or to promote any person to, any position in the executive branch of county government, except that the board may, by a resolution of disapproval, adopted by a two-thirds vote of the whole number of the board, prevent the dismissal of certain employees under conditions as set forth in subsection b. of this section. b. Suspensions will take effect immediately upon personal service of notice setting forth the order of suspension or dismissal. Dismissal or suspension for a definite term shall occur automatically in 30 calendar days from receipt of notice. But, if the officer or employee requests a public hearing on his dismissal or suspension for a definite term, no action beyond temporary suspension may be taken until the individual to be suspended or dismissed is given a public hearing not less than 15 nor more than 30 days after personal service of written notice of contemplated action. A copy of such notice shall be filed with the clerk to the board of freeholders immediately upon service of notice to the individual to be suspended or dismissed. In the event that within 35 days of receiving such notice, the board shall pass by a two-thirds vote of the whole number of the board, a resolution of disapproval, all proceedings and any suspension or dismissal of the individual shall be voided. In terms of recompense to the individual, a vote of disapproval shall be deemed to negative the suspension or dismissal order and for purposes of pay and civil service standing the action shall be deemed never to have transpired. If, however, the suspension or dismissal order shall allege that the individual against whom action is contemplated or pending has committed a criminal act in the conduct of his public trust, no resolution of the board shall stay proceedings and the matter shall be brought to a public hearing in the manner prescribed above. If at that hearing probable cause for prosecution is found, all evidence shall immediately be forwarded to the county prosecutor for further action. If any suspension or dismissal order is resolved upon hearing in favor of the officer or employee, he shall be restored to his original position without record of the action, or prejudice therefrom, and shall receive full compensation retroactive to the date of his suspension. L.1972, c. 154, s. 87, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 38, eff. May 5, 1975.

N.J. Stat. § 40:41A-88 Elective officers; removal by recall petition and vote

Any elective officer shall be subject to removal from office for cause connected with his office, after he has served at least 1 year, upon the filing of a recall petition and the affirmative vote of a majority of those voting on the question of removal at any general, regular county or special election. L.1972, c. 154, s. 88, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-89 Recall petition

A recall petition shall demand the removal of a designated incumbent, shall be signed by registered voters equal in number to not less than 20% of the registered voters as of 40 days before last most recent primary or general election. L.1972, c, 154, s. 89, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-90 Signatures to recall petition

Each signer of a recall petition shall add to his signature his place of residence giving the street and number or other significant designation if there shall be no street and number. One of the signers to each such paper shall take an oath that the statement therein made is true as he believes and that each signature appended to the paper is the genuine signature of the person whose name it purports to be. Within 10 days from date of filing the petition the county clerk shall complete his examination and ascertain whether or not such petition is signed by the requisite number of qualified voters, shall attach to the petition his certificate showing the result of his examination and shall by certified or registered mail send a copy of the certificate to the person filing the petition. If by that certificate the petition is shown to be insufficient it may be amended within 10 days from the date of said certificate. The county clerk shall within 5 days after such amendment make a similar examination and determination of the amended petition, and if the certificate shall show the same to be insufficient, it shall be returned to the person filing it without prejudice to the filing of a new petition to the same effect. L.1972, c. 154, s. 90, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-91 Notice to officer; recall election; notice of filing of petition

If the petition shall be sufficient the county clerk shall within 2 days notify the official whose recall is sought thereby. If such notice cannot be served personally upon the official affected, service may be made by registered mail addressed to the officer's last known address. If within 5 days after the service of the notice by the county clerk the official sought to be recalled by such petition does not resign or, having tendered his resignation, it shall not have been accepted by the board of freeholders, the county clerk shall order and fix a date for holding a recall election not less than 60 nor more than 90 days from the filing of the petition. Notice of the filing of the petition and of the date of the election shall be posted for public view in the office of the county clerk and he shall also publish the notice forthwith in the manner provided by section 142 of this act. L.1972, c. 154, s. 91, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-92 Ballots

The ballots at the recall election shall conform to the requirements respecting the election of county officers, as provided in this article or in Title 19 of the Revised Statutes (Elections), whichever shall apply in the county in accordance with the provisions of this act, except that the words "recall election" shall appear on the ballot. The recall features of the ballot shall appear at the top thereof and shall be separated from the portion of the ballot for the election of officers by a heavy black line. The proposal for recall shall be placed on the ballot in the following manner: "Shall (here insert name of incumbent) be removed from office by recall?" this matter shall occupy 2 lines in bold-face type. Immediately below the above wording shall appear the phrase "for recall," and immediately underneath such phrase the words "against recall." Immediately at the left of each of these two phrases shall be printed a square, in which the voter may make a cross ( x ) or plus (+) or a check ( X ) mark. Immediately below the foregoing shall appear the following: "Indicate your vote by placing a cross ( x ) or plus (+) or a check ( X ) mark in one of the squares above." L.1972, c. 154, s. 92, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-93 Removal of more than one officer

If the removal of more than one officer is sought the same provisions for submitting to the electors the question and direction herein before described shall be repeated in the case of each officer concerned and their position on the ballot for their recall shall be in the order of the filing of the petition with the county clerk. L.1972, c. 154, s. 93, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-94 Election of successor; use of recall ballot

The same ballot used for submitting the question or questions of recall shall be used for the election of a successor to the incumbent sought to be removed and immediately under the black line following the recall question shall appear the phrase "Nominees for successors of (here insert name of incumbent) in the event he is recalled." The names of all persons nominated as successors shall be placed upon the ballot in the manner provided for other elections of county officers. The incumbent sought to be removed may not run to succeed himself in the recall election. L.1972, c. 154, s. 94, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-95 Laws governing recall elections; selection of candidate for successor of recalled incumbent

The provisions of this article or of Title 19 of the Revised Statutes (Elections), whichever shall apply in the county in accordance with the provisions of this act, concerning the nomination of the county officers, preparation of the ballot, election of county officers, counting and canvassing of the results of the election of such officers, shall apply to the election for the recall of officers and the election of their successors. The county committee of each political party shall be authorized to select a candidate for successor of a recalled incumbent in the manner as provided by Title 19 of the Revised Statutes for nominations to fill vacancy after the last day for filing petitions for nominations in the primary elections. L.1972, c. 154, s. 95, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-96 Publication of notices of arrangements for recall elections; conduct

The county clerk shall cause to be made due publication of notices of arrangements for holding all recall elections and they shall be conducted as are other elections for county officers. L.1972, c. 154, s. 96, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-97 Results of elections

a. If a majority of voters in connection with the recall of any officer be in favor of the recall, the term of office of such officer shall terminate, upon the certification of the results of election by the county clerk; b. If the results of such recall election shall, by the certificate of the county clerk, be shown to be against the recall of the officer he shall continue in office as if no recall election had been held, and the vote for the election for the successor of such officer taken at the time of such attempted recall shall be void. L.1972, c. 154, s. 97, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-98 Successor where incumbent resigns or is recalled

If the office of the incumbent shall become vacant either by his resignation or by the result of the recall election, his successor shall be the nominee receiving the greatest number of votes at the recall election. The person so elected shall serve for the remainder of the unexpired term. L.1972, c. 154, s. 98, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-99 Meetings of board; journal

The board of freeholders shall by ordinance or resolution designate the time of holding regular meetings, which shall be at least monthly. All meetings of the board of freeholders shall be held at the county seat, except that meetings may upon resolution of the board be held at such other times and places as the board may deem fit. The county executive, or supervisor or board chairman or president may, and upon written request of a majority of the members of the board, shall, call a special meeting of the board. In the call he shall designate the purpose of the special meeting and not any other business shall be considered. The clerk to the board shall keep a journal of the board's proceedings and record, sign and present to the board for approval, the minutes of every meeting. All official action or votes of the board shall be taken at meetings open to the public. L.1972, c. 154, s. 99, eff. Sept. 19, 1972. Amended by L.1975, c. 255, s. 1, eff. Nov. 26, 1975.

N.J. Stat. § 40:41A-100 Rules of procedure; quorum; resolutions; compensation

a. The board shall promptly after its organization determine and adopt, by resolution, a set of bylaws prescribing its own rules of procedure. Said bylaws shall not be inconsistent with any lawful ordinance or statute; b. A majority of the whole number of the members of the board shall constitute a quorum; c. A resolution shall mean any act or regulation of the board required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced. The vote upon every resolution shall be taken by roll call and the yeas and nays shall be entered on the minutes; d. The compensation of the county executive, supervisor, manager or board president, and of freeholders and the administrative officer and department heads shall be fixed by the board by ordinance promptly after its organization. L.1972, c. 154, s. 100, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 39, eff. May 5, 1975.

N.J. Stat. § 40:41A-101 Ordinances.

101. a. An ordinance shall mean any act or regulation of the board, except an expense budget or capital budget, required to be reduced to writing, published after introduction, and considered for final passage after public hearing at a meeting subsequent to the meeting at which it was introduced. b. Except as otherwise provided by general law the procedure for the passage of ordinances shall be as follows: (1) Every ordinance after being introduced and having passed a first reading, which first reading may be by title, shall be published in its entirety, or by title, or by title and summary, at least once in the manner provided by section 142 of P.L.1972, c.154 (C.40:41A-142), together with a notice of the introduction thereof and the time and place when and where it will be further considered for final passage, and shall consist of a clear and concise statement prepared by the clerk of the board of chosen freeholders setting forth the purpose of the ordinance, and the time and place when and where a copy of the ordinance can be obtained without cost by any member of the general public who wants a copy of the ordinance. If there be only one such publication the same shall be at least 1 week prior to the time fixed for further consideration for final passage. If there be more than one publication, the first shall be at least 1 week prior to the time fixed for further consideration for final passage. A copy of the proposed ordinance shall also be sent by regular mail, or by electronic mail, to the clerk of each municipality in the county not less than 1 week prior to the date of hearing. (2) At the time and place so stated in such publication, or at any time and place to which the meeting for the further consideration of the ordinance shall from time to time be adjourned, all persons interested shall be given an opportunity to be heard concerning the ordinance. Final passage thereof shall be at least 10 days from the first reading. (3) 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. Prior to the said 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 members of the general public who shall request such copies. If any amendment be adopted, altering the ordinance, the ordinance as so amended shall not be finally adopted until at least 1 week thereafter, and the ordinance as amended shall be read at a meeting of the board, which reading may be by title, and shall be published in its entirety, or by title, or by title and summary, together with a notice of the introduction, the time and place when and where a copy of the ordinance can be obtained without cost by any member of the general public who wants a copy of the ordinance, a clear and concise statement prepared by the clerk of the board of chosen freeholders setting forth the purpose of the ordinance, and the time and place when and where the amended ordinance will be further considered for final passage, at least 2 days prior to the time so fixed. At the time and place so fixed, or at any other meeting to which the further consideration of the amended ordinance may be adjourned, the board may proceed to pass the ordinance, as amended, or again amend it in the same manner. (4) Upon passage, every ordinance, or the title, or the title and a summary, together with a notice of the date of passage or approval, or both, shall be published at least once in the manner provided by section 142 of P.L.1972, c.154 (C.40:41A-142). (5) 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. (6) The board may enact, amend or supplement ordinances establishing, amending or supplementing a code or any parts thereof, not inconsistent with law, by reference to such code in any such ordinance and without inclusion of the text thereof in such ordinance if the code to be adopted and any related documents are printed in book form and a copy of such printed code and related documents so marked as to indicate plainly what portion thereof, if less than the whole, is intended to be adopted, is annexed to such ordinance and if such code and related documents or such portion thereof as is intended to be adopted is so described in said ordinance as to identify them and there is indicated in said description the common or trade name, if any, of such code and related documents and it is stated in the ordinance that one copy of said code and said related documents, similarly marked, have been placed on file in the office of the clerk of said board, upon the introduction of said ordinance and will remain on file there until final action is taken on said ordinance, for the use and examination of the public. It shall not be necessary to publish any such code or related documents, so to be adopted, as part of any such ordinance notwithstanding that a printed copy thereof is annexed thereto, either before or after the final passage of such ordinance, if said printed copy is filed as aforesaid. The board of freeholders however may order the publication of said code or a synopsis in the manner provided by section 142 of P.L.1972, c.154 (C.40:41A-142) if it is deemed that such procedure will be in the public interest because of the content and importance of the provisions of the code. If any such ordinance is adopted, the said copy of said code and related documents shall remain on file in said office, so long as said ordinance is in effect, and one certified copy shall be placed on file and shall remain on file in the office of each clerk of each municipality within the county, for the use and examination of the public so long as said ordinance is in effect and printed copies of said ordinance and said code and related documents shall be made available to citizens on request and for which a reasonable fee may be charged. For the purpose of proof of any such ordinance or receipt thereof in evidence in all courts and places, such copy of such code and related documents, so marked and annexed to such ordinance, shall be construed to be part of said ordinance, as fully as though it had been set forth at length therein. (7) The board may prescribe penalties for the violation of ordinances it may have authority to pass, either by imprisonment in the county jail for any term not exceeding 90 days, or by a fine not exceeding $500.00, or both. The court before which any person is convicted of violating any such ordinance shall have power to impose any fine or term of imprisonment not exceeding the maximum fixed in such ordinance. Any person convicted of the violation of any ordinance may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the county jail for any term not exceeding 90 days for such default. c. No ordinance shall take effect less than 20 days after its final passage by the board and approval by the county executive, or supervisor or board chairman or president, where such approval is required, unless the board shall adopt a resolution declaring an emergency and at least two-thirds of all the members of the board vote in favor of such resolution. L.1972, c.154, s.101; amended 1975, c.84, s.40; 1977, c.150, s.1; 2013, c.118; 2021, c.255.

N.J. Stat. § 40:41A-102 Recording of ordinances and resolutions

The clerk to the board of freeholders 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 shall compile or codify true copies of all the ordinances and resolutions adopted during that year, properly indexed. He shall cause such copies thereof to be printed as the county governing body may require. A copy of the codified ordinances and resolutions shall be transmitted to each municipality within the county, upon request and without charge, and to any member of the general public, upon request and at cost. L.1972, c. 154, s. 102, eff. Sept. 19, 1972. Amended by L.1977, c. 150, s. 2, eff. July 11, 1977; L.1981, c. 359, s. 1, eff. Dec. 30, 1981.

N.J. Stat. § 40:41A-103 Rules and regulations; filing; publication

No rule or 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 of freeholders 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. L.1972, c. 154, s. 103, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-104 Petition; percentage of registered voters required

The voters of any county shall have the power of initiative and, pursuant thereto, may propose any ordinance and may adopt or reject the same at the polls. Any initiated ordinance may be submitted to the board by a petition signed by a number of registered voters equal to 15% of the registered voters of the county as of 40 calendar days before the last most recent primary or general election. L.1972, c. 154, s. 104, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-105 Power of referendum; time for filing petition

The voters shall have the power of referendum and, pursuant thereto, may approve or reject at the polls any ordinance submitted by the board to the voters or any ordinance passed by the board, against which a referendum petition has been filed as herein provided. No ordinance passed by the county board, except when otherwise required by general law or permitted by the provisions of section 116 or any other section of this act, shall take effect earlier than 20 days from the time of its final passage and its approval by the county executive or supervisor or board chairman or president where such approval is required. If within 20 days after such final passage and approval of such ordinance a petition protesting against the passage of such ordinance shall be filed with the county clerk and if the petition shall be signed by a percentage of the registered voters in numbers equal to 15% of the registered voters of the county as of forty calendar days before the last most recent primary or general election, the ordinance shall be suspended from taking effect until proceedings are had as herein provided. The provisions of this section shall not apply to any ordinance which by its terms or by law cannot become effective in the county unless submitted to the voters, or which by its terms authorizes a referendum in the county concerning the subject matter thereof. L.1972, c. 154, s. 105, eff. Sept. 19, 1972. Amended by L.1979, c. 278, s. 3.

N.J. Stat. § 40:41A-106 Petition papers; affidavits

All petition papers circulated for the purposes of an initiative or referendum shall be uniform in size and style. Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any such petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition paper the names and addresses of three voters, designated as the committee of petitioners, who shall be regarded as responsible for the circulation and filing of the petition and for its possible withdrawal as hereinafter provided. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that all the signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be. L.1972, c. 154, s. 106, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-107 Filing of petition papers; examination; certification of result

All petition papers comprising an initiative or referendum petition shall be assembled and filed with the county clerk as one instrument. Within 20 days after a petition is filed, the county clerk shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified voters. After completing his examination of the petition, the county clerk shall certify the result thereof to the board at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and shall at once notify at least two members of the committee of the petitioners of his findings. L.1972, c. 154, s. 107, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-108 Amendment of initiative or referendum petition

An initiative or referendum petition may be amended at any time within 10 days after the notification of insufficiency has been served by the county clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The county clerk shall, within 5 days after such an amendment is filed, examine the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. L.1972, c. 154, s. 108, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-109 Suspension of ordinance

Upon the filing of a referendum petition with the county clerk, the ordinance shall be suspended until 10 days following a finding by the county clerk that the petition is insufficient or, if amended petition be filed, until 5 days thereafter; or, if the petition or amended petition be found to be sufficient, until it be withdrawn by the committee of the petitioners or until repeal of the ordinance by vote of the board or approval or disapproval of the ordinance by the voters. L.1972, c. 154, s. 109, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-110 Submission to board of freeholders

Upon a finding by the county clerk that any petition or amended petition filed with him in accordance with this act is sufficient, the clerk shall submit the same to the board without delay. An initiative ordinance so submitted shall be deemed to have had first reading and provision shall be made for a public hearing. L.1972, c. 154, s. 110, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-111 Submission of ordinance to voters; withdrawal of petition

If within 60 days of the submission of a certified petition by the county clerk the board shall fail to pass an ordinance requested by a referendum petition, the county clerk shall submit the ordinance to the voters, unless within 10 days after final adverse action by the board or after the expiration of the time allowed for such action, as the case may be, a paper signed by at least four of the five members of the committee of the petitioners shall be filed with the county clerk requesting that the petition be withdrawn. Upon the filing of such a request, the original petition shall cease to have any force or effect. L.1972, c. 154, s. 111, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-112 Referendum election

Any ordinance to be voted on by the voters in accordance with sections 104 through 116 of this act shall be submitted at the next general or regular county election occurring not less than 60 days after the date of final action by the board or the expiration of the time allowed for action by board in section 111 of this article, as the case may be, provided that if no such election is to be held within 90 days the board may in its discretion provide for a special election. L.1972, c. 154, s. 112, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-113 Number of proposed ordinances voted upon; time between special elections

Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this article, but there shall not be more than one special election in any period of 6 months for such purpose. L.1972, c. 154, s. 113, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-114 Publication of ordinance

Whenever an ordinance is to be submitted to the voters of the county at any election in accordance with this article, the clerk shall cause the ordinance to be published in the manner provided by section 142 of this act. The publication shall be not more than 20 nor less than 5 days before the submission of the ordinance or proposition to be voted on. L.1972, c. 154, s. 114, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-115 Ballots

The ballots to be used at such election shall be in substantially the following form: "To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) or check (/) in the square at the left of the word "Yes', and if opposed thereto mark a cross (X) or plus (+) or a check (/) in the square to the left of the word "No'." "Shall the ordinance .................... Yes. (indicate whether submitted by board or initiative or referendum petition) providing for No. ....................... (here state nature of proposition) be adopted?" L.1972, c. 154, s. 115, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-116 Results of election; conflicting measures

If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the county and be published as in the case of other ordinances. If the provisions of two or more measures approved or adopted at the same election conflict, then the measure receiving the greatest affirmative vote shall control. L.1972, c. 154, s. 116, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-117 Division of county adopting a district representation system under section 40:41A-14c into districts

Whenever any county adopts a district representation system as set forth in section 14c of this act, said county shall be divided into districts by the district commissioners as hereinafter provided. L.1972, c. 154, s. 117, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-118 District commissioners; certification of boundaries

118. The district commissioners shall consist of four members, two to be appointed by the chairman of the county committee of each of the two political parties whose candidates for Governor receive the largest number of votes at the most recent gubernatorial election. Each county chairman, in making such appointments, shall give due consideration to the representation of the various geographical areas of the county. Appointments of district commissioners shall be made on or before the third day following the election at which the voters of the county shall have adopted a district representation system and commissioners shall serve until they discharge their duties under sections 119 through 122 of P.L.1972, c.154 (C.40:41A-119 through 122). With respect to section 123 of P.L.1972, c.154 (C.40:41A-123), appointments shall be made on or before the tenth day following the receipt by the Governor of the official decennial census of the United States for New Jersey, and commissioners shall serve until they discharge their duties under that section. If the commissioners fail to certify district boundaries, pursuant to sections 119 through 123 of P.L.1972, c.152 (C.40:41A-119 through 123), on or before the date fixed or if prior thereto they determine that they will be unable to do so, they shall so certify to the Chief Justice of the Supreme Court of New Jersey, who shall appoint as a fifth commissioner a fair-minded and impartial person who shall not have held elected public or party office in this State at any time during the three-year period immediately prior to appointment as a commissioner. The commissioners, by a majority of the whole number thereof, shall within one month after the appointment of such fifth member certify district boundaries. L.1972,c.154,s.118; amended 1992,c.1.s.2.

N.J. Stat. § 40:41A-119 Meeting of district commissioners; division into districts

Within 5 days following the election at which the voters of the county shall have adopted one of said optional plans, the district commissioners shall meet and, having first taken and subscribed before some officer authorized to administer oaths, an oath faithfully and impartially to perform the duties imposed upon them, shall forthwith proceed to divide the county into such number of districts as is specified in the adopted plan. L.1972, c. 154, s. 119, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-120 Boundaries of districts; population difference

The district commissioners shall fix and determine the district boundaries so that each district is formed of compact and contiguous territory. The districts so created shall be as equal as possible in population. L.1972, c. 154, s. 120, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-121 Report, certificate, ESRI Shapefile.

121. a. Within 30 days after the adoption of one of said optional plans, the district commissioners shall make and file their report and certificate over at least three of their signatures setting forth and properly describing the district boundaries fixed and determined, to which there shall be annexed a map of the county with the district boundaries clearly marked thereon. The report so certified shall be filed in the office of the clerk of the county, and a copy thereof shall also be filed with the Secretary of State. b. In addition to the description of the district boundaries and map required to be filed with the Secretary of State under subsection a. of this section, the district commissioners shall file with the Secretary of State the district boundaries in ESRI Shapefile format in accordance with section 1 of P.L.2019, c.487 (C.19:4-18). L.1972, c.154, s.121; amended 2019, c.487, s.3.

N.J. Stat. § 40:41A-122 Notice of district boundaries; publication

A notice of the district boundaries as fixed and determined by the district commissioners shall be published by the clerk of the county at least once in the manner provided by section 142 of this act within 2 weeks immediately next succeeding the filing of the report and certificate required by section 121 of this act. Upon completion of the publication, all officers elected or appointed in the county for or representing the districts thereof shall be elected from or appointed for the districts fixed by the district commissioners hereunder. L.1972, c. 154, s. 122, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-123 Adjustments in district boundaries following census

123. Within three months following the receipt by the Governor of the official decennial census of the United States for New Jersey, the district commissioners shall meet, in the manner heretofore provided in this article for the purpose of making such adjustments in district boundaries as shall be necessary pursuant to section 120 of this act. Within 30 days following such meeting they shall discharge their duties and report to the county in the same manner as provided in sections 121 and 122 of this act. L.1972,c.154,s.123; amended 1992,c.1,s.3.

N.J. Stat. § 40:41A-124 Schedule of installation of optional plan adopted

The schedule of installation of an optional plan adopted pursuant to this act shall, as provided herein, take the following course: a. An election to submit the question of adoption of an optional plan may be held at any time in accordance with the provisions of article 1 of this act; b. In the event of a favorable vote of the voters at the above election, the first election of officers under the adopted plan shall take place at the next general election occurring no less than 75 days next following the adoption of one of the optional plans in this act; c. Except as otherwise provided in d. hereafter, the offices of the entire board of freeholders and all other offices established by any plan in this act which has been adopted by the registered voters of the county except sheriff, clerk, surrogate and register of deeds and mortgages shall be voted on at the first general election following adoption of such plan. In November of the first general election after the adoption of any plan provided in this act, the terms of all incumbent members of the board of freeholders shall be deemed terminated at noon on the first Monday following the election of the new board of freeholders. On that date the newly-elected freeholders shall take office and the new board shall organize itself in accordance with the plan adopted thereunder. All freeholders and other officers elected in the first general election following the adoption of any plan provided in this act shall take office at noon on the Monday next following their election, but their terms shall expire in accordance with the plan selected, as if they had taken office on January 1 in the year following their election. But nothing in this section shall be construed to prevent an incumbent freeholder from becoming a candidate for the new board, even if his present term on the board has not yet expired. In the event that the plan approved provides for concurrent terms, all freeholders shall be elected for concurrent 3-year terms. In the event that the approved plan provides for staggered terms, terms shall be as follows: (1) If there be five members to be elected, all at large or all by district, two shall be elected for 3 years, two shall be elected for 2 years, and one for 1 year. (2) If there be seven members to be elected, all at large or all by district, three shall be elected for 3 years, two for 2 years, and two for 1 year. (3) If there be nine members to be elected, all at large or all by district, three shall be elected for 3 years, three for 2 years and three for 1 year. (4) If there be five members to be elected, three by district and two at large, one at large member shall be elected for 3 years and one for 2 years, and one district member shall be elected for 3 years, one for 2 years and one for 1 year. (5) If there be seven members to be elected, four by district and three at large, one at large member shall be elected for 3 years, one for 2 years and one for 1 year, and two district members shall be elected for 3 years, one for two years, and one for 1 year. (6) If there be nine members to be elected, five by district and four at large, two at large members shall be elected for 3 years, one for 2 years and one for 1 year, and one district member shall be elected for 3 years, two for 2 years, and two for 1 year. (7) The length of the terms specified in subparagraphs (1) through (6) shall be determined by drawing to be conducted by the county clerk within 60 days after the adoption of the optional plan. In all elections, after the first election under this act, all members shall be elected for 3-year terms beginning on January 1 in the year following their election. d. If the adopted plan shall provide for a new board of freeholders composed of the same number of freeholders as serve on the existing board with all members to be elected at large for non-concurrent terms, the initial elections to the new board of freeholders shall be held to fill only those freeholder offices for which the terms would have otherwise expired on January 1 next following the date of election but for the provisions of this act. The board members so elected shall serve for a term of 3 years expiring the following January 1 as provided in subsection c. hereof. The terms of the incumbents of the existing board whose offices are filled at the initial election shall be deemed terminated at noon on the first Monday day following the election of the new member of the board. On that date, the newly elected freeholders shall take office and together with those freeholders whose terms have not expired, shall constitute the new board. L.1972, c. 154, s. 124, eff. Sept. 19, 1972. Amended by L.1974, c. 141, s. 1, eff. Nov. 2, 1974.

N.J. Stat. § 40:41A-125 Adoption of the administrative code.

125. a. Any time after 60 days from the date of the organization of the first board of chosen freeholders elected under this act, the board of chosen freeholders shall adopt an administrative code organizing the administration of the county government, setting forth the duties and responsibilities and powers of all county officials and agencies, and the manner of performance needed. b. The administrative code may require that the county board of taxation, county board of elections, jury commissioners of the county, county clerk, surrogate, county superintendent of elections, and sheriff be subject to such annual budgetary procedures and requirements as may be specified therein. These procedures and requirements may include, but shall not be limited to, the preparation and submission of an annual budget in accordance with the provisions of the administrative code, and the submission of such periodic budget reports as may be provided therein. The administrative code may further provide that the county board of taxation, county board of elections, jury commissioners of the county, county clerk, surrogate, county superintendent of elections, and sheriff shall be subject to such accounting controls, central purchasing practices, personnel procedures, and central data processing services as are specified in the code, or in administrative orders adopted pursuant thereto; provided, however, that nothing herein shall restrict or limit the authority of the county board of taxation, county board of elections, jury commissioners of the county, county clerk, surrogate, county superintendent of elections, and sheriff as the appointing authority of their respective offices. c. Nothing in the administrative code shall change the duties or powers of county officers whose existence is mandated by the Constitution or shall diminish the duties, responsibilities or powers of any elected or appointed head of the executive branch or chief assistant thereto or county administrator. L.1972, c.154, s.125; amended 1975, c.255, s.2; 1981, c.48, s.3; 1984, c.35, s.2; 2015, c.250, s.2.

N.J. Stat. § 40:41A-126 Effective date of administrative code

The administrative code shall enter into effect 30 days after its adoption, but not later than May 1 following the organization of the first board of chosen freeholders elected under this act, and all theretofore existing agencies shall assume the form, perform the duties, and exercise the power granted them under the administrative code and shall do so in the manner prescribed therein. L.1972, c. 154, s. 126, eff. Sept. 19, 1972. Amended by L.1975, c. 255, s. 3, eff. Nov. 26, 1975.

N.J. Stat. § 40:41A-127 Existing resolutions remain in force where not inconsistent

Upon the effective date of the charter change, all resolutions of the county to the extent that they are not inconsistent with the provisions of this act shall remain in full force and effect until modified or repealed as provided by law. L.1972, c. 154, s. 127, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-128 Appointments between election and time of taking office under optional plan; pending actions and proceedings

a. No subordinate board, department, body, office, position or employment shall be created and, except in the case of positions created by this act, no appointments shall be made to any subordinate board, department or body, or to any office, employment or position, without limitation, between the date of election of officers and the effective date of the administrative code; except that such temporary appointments may be made as shall be deemed necessary for the continuation of government services or as may be required by emergency situations, which situations shall be identified in a resolution adopted by the board of freeholders; provided, however, that all such temporary appointments shall terminate on the date that the administrative code takes effect. Nothing in this subsection shall be construed as limiting the discretion of the appointing authority to reappoint, on a permanent basis, any person whose temporary appointment terminates on the effective date of the administrative code. b. All actions and proceedings of a legislative, executive or judicial character which are pending upon the effective date of an optional plan adopted pursuant to this act may continue, and the appropriate officer or employee under such optional plan shall be substituted for the officer or employee theretofore exercising or discharging the function, power or duty involved in such action or proceeding. L.1972, c. 154, s. 128, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 41, eff. May 5, 1975; L.1975, c. 255, s. 4, eff. Nov. 26, 1975.

N.J. Stat. § 40:41A-129 Employees in the classified service

Employees in the classified service. On the effective date of the administrative code, all officers and employees in the classified service of the county shall be transferred to the department, division or agency to which the functions, powers or duties in which they were engaged are allocated under the administrative code. Such transfer shall, except as otherwise provided in this section, be without examination or diminution of existing compensation, pension or retirement rights, privileges or obligations of any such officer or employee. It is the intent of the Legislature that the adoption of any plan found in this charter shall not, except as otherwise provided in this section, adversely affect the civil service tenure, pension, seniority or promotional rights of any county officer or employee in the classified service. With respect to the positions of heads of departments, or any divisions thereof, which are placed in the unclassified service pursuant to the provisions of R.S. 11:22-2, other than a position subject to the requirements of 42 U.S.C. 602(a), and notwithstanding the provisions of this section, or chapter 27 of Title 11 of the Revised Statutes or R.S. 11:28-3 or R.S. 38:16-1, any officer or employee in the classified service who shall have exercised the same or substantially the same responsibilities prior to the effective date of the administrative code, and who shall not be appointed thereafter by the appointing authority as head of a department, or a division thereof, shall be entitled to such lay-off, demotional and special reemployment rights as are provided under applicable provisions of Title 11 (Civil Service) and rules and regulations adopted pursuant thereto. Any such officer or employee who shall be appointed by the appointing authority as head of a department, or a division thereof, shall be deemed to be entitled to such classified title as may be provided by the lay-off, demotional or special reemployment rights as are provided under applicable provisions of Title 11 (Civil Service) and rules and regulations adopted pursuant thereto, and shall be placed on leave of absence pursuant to sections 1 and 2 of P.L.1946, c. 148 (C. 11:24A-6.1 and 6.2) from such classified title while serving as the head of a department or a division thereof. L.1972, c. 154, s. 129, eff. Sept. 19, 1972. Amended by L.1975, c. 255, s. 5, eff. Nov. 26, 1975; L.1978, c. 141, s. 13, eff. Nov. 13, 1978.

N.J. Stat. § 40:41A-129.1 Counties of first class; appointment of aides; unclassified service

Notwithstanding the provisions of any law to the contrary, in any county of the first class operating under the provisions of P.L.1972, c. 154 (C. 40:41A-1 et seq.), the board of freeholders may appoint aides who shall be responsible to, and serve at the pleasure of, the board and who shall serve in the unclassified service of civil service. L.1984, c. 202, s. 1, eff. Nov. 28, 1984.

N.J. Stat. § 40:41A-130 County administration of civil service

The board of freeholders of any county adopting one of the plans of government set forth in this act may by resolution apply to the New Jersey Civil Service Commission for permission to administer the merit system through a county department of civil service. Such administration shall include classification, recruitment, examination, establishment of eligibility lists, grievances, compensation, and other conditions of employment, all to be performed under the general supervision of the New Jersey Department of Civil Service, and in addition such other functions as the State Department may authorize or approve. Any civil service system administered by a county shall be limited in application to county employees and positions, and may not extend to cover employees and positions in municipalities within that county. L.1972, c. 154, s. 130, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 42, eff. May 5, 1975.

N.J. Stat. § 40:41A-131 Procedures for establishment of county department of civil service

Upon passage of a resolution by the board of freeholders calling for the establishment of a county department of civil service the chief executive of the county shall transmit a copy of the resolution together with such other communication as he may deem appropriate to the President of the New Jersey Civil Service Commission. The president of the commission shall then instruct his staff to determine if administration of civil service by that county would be consistent with the administration of an equitable system governing the employment of public employees throughout the State, the best interests of public employees throughout the State and within the county requesting such approval, and the public interest in the efficient governance of the county on behalf of its citizens. The commission shall, by rules adopted for the purpose, require the board of freeholders requesting its approval to submit a plan for the administration by such county department of a system of civil service, which plan shall include information sufficient to determine the capacity, competency and ability of the county department to administer properly the provisions of the Civil Service Law. Such plan shall not be implemented nor shall such department be operative until after receipt by the requesting board of freeholders of a statement of approval, in writing, of the Civil Service Commission and, in any event, until after the passage of 2 years from the date upon which such plan is submitted by the board to the commission. The revision, amendment or repeal of such plan and the acts and ordinances enacted in connection therewith shall be subject to the approval of the commission in the same manner as hereinabove provided except that the mandatory period of delay shall not apply and the Civil Service Commission shall exercise its authority to approve or disapprove within a reasonable time. The Civil Service Commission shall assure the compliance with provisions of the Civil Service Law of the administration of a system of civil service by any county department and the administration of such a system shall be subject to the continuing audit, review and approval of the State Civil Service Commission pursuant to rule promulgated by it for that purpose. L.1972, c. 154, s. 131, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-132 Fiscal year

The fiscal year of the county shall be the calendar year except as may be otherwise provided by the Local Budget Law. L.1972, c. 154, s. 132, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-133 Preparation and submission of budget; budgetary process

The budgetary process of the county shall be subject to all requirements of the Local Budget Law (N.J.S. 40A:4-1 et seq.) and the promulgations of the Division of Local Government Services and the Local Finance Board. On or before January 15 of each year, the budget officer (i.e. the county executive in the case of a charter adopted under article 3, the county manager in the case of a charter adopted under article 4, or the administrative officer in the case of charters adopted under articles 5 and 6), shall submit to the board of chosen freeholders, a budget document consisting of the proposed county budget and a budget message. On or before September 1 of each year, the budget officer shall establish the schedules and procedures to be followed by all county departments, offices and agencies to prepare the required budget documents. He may conduct such analyses or hearings as he deems necessary. L.1972, c. 154, s. 133, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 43, eff. May 5, 1975.

N.J. Stat. § 40:41A-134 Scope of budget and message

The budget document shall be prepared by the budget officer in such form as will comply with the Local Budget Law, together with such additional schedules and analyses as he deems desirable, or as may be required or approved by the board of chosen freeholders. The budget message shall explain the budget both in fiscal terms and in terms of work to be done. It shall outline the proposed financial policies of the county for the ensuing fiscal year, describe the important features of the budget plan, and indicate its major objectives. It shall indicate any major changes in financial policies and in expenditures, appropriations and revenues as compared with the preceding fiscal year, and shall set forth reasons for the changes. L.1972, c. 154, s. 134, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-138 Appropriation requests; allotments

As part of the budget request submitted by each department, office and agency of the county to the budget officer, there shall be included a work program for the year, showing all requested appropriations broken down into monthly or quarterly allotments, as may be required by the budget officer. The budget officer shall review requested allotments in light of the work program of the department, office or agency concerned, and if he deems it necessary, may revise, alter, or change them before the same are submitted to the board of freeholders. The aggregate of such allotments shall not exceed the total appropriation available to each department, office or agency for the fiscal year. The budget officer shall, where practicable, provide for the establishment and operation of a system of work programs and quarterly allotments for operation of the budget. It shall be the duty of the budget officer to develop and report appropriate unit costs of budgeted expenditures. L.1972, c. 154, s. 138, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 44, eff. May 5, 1975.

N.J. Stat. § 40:41A-142 Person charged; newspapers; qualifications

Whenever notice by publication is required under this act the clerk to the board of freeholders or the county counsel, whichever shall be charged by the board to do so, or any other person charged under any section of this act with the duty of causing such publication, shall cause all such notices to be published in at least one of the two newspapers qualified by law and designated by majority vote of the board of freeholders to publish the county's legal notices. The two newspapers designated by the board of freeholders shall be: a. Both printed and published in the county, one of which shall be either a newspaper published at the county seat of such county or a newspaper published in a municipality in such county having the largest population according to the last population estimate published by the New Jersey Department of Labor and Industry; or b. One printed and published in such county and one circulating in such county, if only one daily newspaper is printed and published in such county; or c. One published at the county seat and one circulating in the county if no daily newspaper is published; or d. Both circulating in such county, if no newspapers are printed and published in such county. L.1972, c. 154, s. 142, eff. Sept. 19, 1972. Amended by L.1975, c. 84, s. 45, eff. May 5, 1975; L.1978, c. 141, s. 14, eff. Nov. 13, 1978.

N.J. Stat. § 40:41A-143 Partial invalidity

If any clause, sentence, paragraph, section, or part of this act shall be adjudged to be invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. L.1972, c. 154, s. 143, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-144 Short title

This act shall be known as the "Optional County Charter Law." L.1972, c. 154, s. 144, eff. Sept. 19, 1972.

N.J. Stat. § 40:41A-145.1 Election to fill vacancy on board of chosen freeholders; exception.

5. a. When any vacancy occurs on the board of chosen freeholders otherwise than by expiration of term, it shall be filled by election for the unexpired term only at the next general election occurring not less than 60 days after the occurrence of the vacancy, except that no such vacancy shall be filled at the general election which immediately precedes the expiration of the term in which the vacancy occurs. In the event a vacancy eligible to be filled by election hereunder occurs on or before the sixth day preceding the last day for filing petitions for nomination for the primary election, such petitions may be prepared and filed for nomination in that primary election in the manner provided by article 3 of chapter 23 of Title 19 of the Revised Statutes. In the event the vacancy occurs after that sixth day preceding the last day for filing petitions for nomination for the primary election, or if the vacancy occurs on or before the sixth day preceding the last day for filing petitions for nomination for the primary election but no such petition has been filed with respect to a given political party, each political party, or that party respectively, may select a candidate for the office in question in the manner prescribed in subsections a. and b. of R.S.19:13-20 for selecting candidates to fill vacancies among candidates nominated at primary elections. A statement of such selection under R.S.19:13-20 shall be filed with the county clerk not later than the 48th day preceding the date of the general election. Besides the selection of candidates by each political party, candidates may also be nominated by petition in a manner similar to direct nomination by petition for the general election; but if the candidate of any party to fill the vacancy will be chosen at a primary election, such petition shall be filed with the county clerk at least 55 days prior to the primary election; and if no candidate of any party will be chosen at a primary election, such petition shall be filed with the county clerk not later than 12 o'clock noon of the day on which the first selection meeting by any party is held under this section to select a nominee to fill the vacancy. The county clerk shall print on the ballots for the territory affected, in the personal choice column, the title of office and leave a proper space under such title of office; and print the title of office and the names of such persons as have been duly nominated, in their proper columns. b. Notwithstanding subsection a. of this section, if at any time after an election for the office of county executive or for a member of the freeholder board and before the time fixed for the commencement of the term of the office, the person elected to that office dies or otherwise becomes unable to assume office , the county committee of the political party of which the person elected was the nominee shall appoint another person to fill the position until the next general election. If the person elected was not the nominee of a political party, on or within 30 days after the time fixed for the commencement of the term of office, the governing body shall appoint a successor to fill the office until the next general election without regard to party. L.1990,c.33,s.5; amended 2000, c.126, s.11.

N.J. Stat. § 40:41A-145.2 Interim successor selected by appropriate political party.

6. In the case of a vacancy occurring with respect to a member of the board of chosen freeholders who was elected as the candidate of a political party which at the last preceding general election held received the largest number of votes or the next largest number of votes in the county for members of the board of chosen freeholders, for the interim period pending the election and qualification of a permanent successor to fill the vacancy, or for the interim period constituting the remainder of the term in the case of a vacancy occurring which cannot be filled pursuant to section 5 of this act at a general election, the vacancy shall be filled within 35 days by a member of the political party of which the person who vacated the office was the candidate at the time of his election thereto. The interim successor shall be selected by the appropriate political party's county committee in the same manner prescribed in subsections a. and b. of R.S.19:13-20 for selecting candidates to fill vacancies among candidates nominated at primary elections for the general elections, and a statement of the selection of that successor shall be certified to and filed with the county clerk in the same manner prescribed by subsection d. of that section for certifying statements concerning the selection of such candidates. L.1990,c.33,s.6; amended 2005, c.136, s.62.

N.J. Stat. § 40:41A-145.3 Selection from floor by county committee

Members of the political party's county committee who are empowered to select a candidate for the vacated office shall only nominate a candidate from the floor during the selection meeting called under R.S.19:13-20 by the chairman or chairmen of the committee and shall present written evidence of the nominee's acceptance of the nomination. L.1990,c.33,s.7.

N.J. Stat. § 40:41A-146 Vacancy of all or majority of offices of members of board; certification to and appointments to temporarily fill by Governor

Whenever the offices of all or a majority of the members of the board of chosen freeholders shall become vacant for any reason, the existence of the vacancies shall be immediately certified to the Governor by any remaining member of the board of chosen freeholders or by the county clerk. The Governor upon receipt of such certification shall forthwith fill the vacancies temporarily by appointment until successors are elected and certified for the unexpired terms at the next general election occurring not less than 60 days subsequent to the certification of the existence of such vacancies. Any appointment made pursuant to this section to fill a vacancy occurring in the next to the last year of the term and certified any time after 60 days prior to the holding of the general election, shall be made for the remainder of the term. L.1978, c. 141, s. 16, eff. Nov. 13, 1978.

N.J. Stat. § 40:41A-147 Appointees; qualifications

Any person appointed by the board of chosen freeholders or the Governor to fill a vacancy either for the unexpired term or temporarily, shall have all the qualifications required by statute to qualify for election to said office, and if the previous incumbent had been elected to office as the nominee of a political party as defined in Title 19 of the Revised Statutes, the person so appointed shall be of the same political party as the preceding incumbent. L.1978, c. 141, s. 17, eff. Nov. 13, 1978.

N.J. Stat. § 40:41A-148 Voters empowered to change term of office

Notwithstanding the provisions of any other law to the contrary, in any county which has adopted a form of government authorized under the provisions of P.L. 1972, c. 154 (C. 40:41A-1 et seq.), a proposition may be submitted to the voters of the county to change the term of office for the members of the board of chosen freeholders from three to four years, to provide for staggered terms of office for the members of the board of chosen freeholders, and to provide for biennial elections of members of the board of chosen freeholders. The proposition shall be submitted either upon the adoption of an ordinance of the governing body of the county after public hearing thereon, or upon submission to the county clerk of a petition signed by a number of the legal voters of the county equal in number to at least 15% of the total votes cast in the county at the last election at which members of the General Assembly were elected. The proposition shall not be submitted more than once in any three year period. A petition submitted pursuant to this section shall be verified, inspected and certified as to the authenticity of the signatures attached thereto by the county clerk within 20 days of submission, and shall be submitted at the next general election occurring at least 40 days after certification. The question of increasing the term of office of the members of the board of chosen freeholders, providing for staggered terms of office for the members of the board of chosen freeholders, and providing for biennial elections of members of the board of chosen freeholders shall be submitted to the voters at the election in substantially the following form: "Shall the term of office of the members of the board of chosen freeholders of ..................... (insert name of county) be increased from three to four years and shall members of the board of chosen freeholders serve for staggered terms and be elected at biennial elections?" A canvass and return of the vote upon the proposition shall be made by the election officers in the same manner as for officers voted for at the election, and a majority of all the votes cast upon the proposition in favor of the proposition shall be sufficient to make the change. L. 1987, c. 236, s. 8.

N.J. Stat. § 40:41A-149 First election of board under adopted proposition

In the event of a favorable vote on a proposition submitted pursuant to the provisions of section 8 of this amendatory and supplementary act, the first election of members of the board of chosen freeholders under that adopted proposition shall take place at the next general election immediately following that adoption, except that in the case of a county which has adopted the county executive plan form of government set forth in Article 3 of P.L. 1972, c. 154 (C. 40:41A-31 et seq.), the first election of members of the board of chosen freeholders under the provisions of the adopted proposition shall take place as follows: a. In a county where the county executive was first elected in an even calendar year, the first election of members of the board of chosen freeholders under the provisions of the adopted proposition shall take place at the general election occurring in the first even calendar year immediately following the adoption of the proposition. b. In a county where the county executive was first elected in an odd calendar year, the first election of members of the board of chosen freeholders under the provisions of the adopted proposition shall take place at the general election occurring in the first odd calendar year immediately following the adoption of the proposition. In November of the general election year in which the first members of the board of chosen freeholders under any form of government adopted pursuant to P.L. 1972, c. 154 (C. 40:41A-1 et seq.) are elected pursuant to the provisions of the adopted proposition and this section, the terms of all incumbent members of the board of chosen freeholders shall be deemed terminated at noon on the first Monday following the election of the new board of chosen freeholders. On that date, the newly elected freeholders shall take office and the new board shall organize itself accordingly, but their terms of office shall expire as if they had taken office on January 1 in the year following their election and in accordance with the following terms: (1) If there be five members to be elected, all at large or all by district, three shall be elected for two years and two for four years. (2) If there be seven members to be elected, all at large or all by district, four shall be elected for two years and three for four years. (3) If there be nine members to be elected, all at large or all by district, five shall be elected for two years and four for four years. (4) If there be five members to be elected, three by district and two at large, three district members shall be elected for two years and two at large members shall be elected for four years. (5) If there be seven members to be elected, four by district and three at large, four district members shall be elected for two years and three at large members shall be elected for four years. (6) If there be nine members to be elected, five by district and four at large, five district members shall be elected for two years and four at large members shall be elected for four years. The length of the terms specified in subsections (1) through (3) of this section shall be determined by a drawing to be conducted by the county clerk 60 days prior to the general election at which the first members of the board of chosen freeholders are elected pursuant to the provisions of the adopted proposition. In all elections after the first election, all members shall be elected for four year terms beginning on January 1 of the year following their election. Nothing in this section shall be construed to prevent an incumbent freeholder from becoming a candidate for the new board, even if his present term on the board has not yet expired. L. 1987, c. 236, s. 9.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026