reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-66 - Legislative power; exercise by ordinance; exceptions; exercise by resolution

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-67 - Board powers

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-68 - Appointment

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-69 - Qualifications

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-70 - Duties

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-71 - Powers

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-72 - Form; designation

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-73 - Elected officers

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-74 - Qualifications, election, term

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-75 - Salary

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-76 - Vacancies

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-77 - Duties

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-78 - Powers

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-79 - Legislative power; exercise by ordinance; exceptions; exercise by resolution

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-80 - President and vice-president; election

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-81 - Board powers

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-82 - Appointment

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-83 - Qualification

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-84 - Duties

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-85 - Powers

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-86 - Separation of powers

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-87 - Appointments and dismissal; suspension procedure

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-88 - Elective officers; removal by recall petition and vote

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-89 - Recall petition

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-90 - Signatures to recall petition

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-91 - Notice to officer; recall election; notice of filing of petition

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-92 - Ballots

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-93 - Removal of more than one officer

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-94 - Election of successor; use of recall ballot

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-95 - Laws governing recall elections; selection of candidate for successor of recalled incumbent

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-96 - Publication of notices of arrangements for recall elections; conduct

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-97 - Results of elections

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-98 - Successor where incumbent resigns or is recalled

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-99 - Meetings of board; journal

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-100 - Rules of procedure; quorum; resolutions; compensation

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-102 - Recording of ordinances and resolutions

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-103 - Rules and regulations; filing; publication

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-104 - Petition; percentage of registered voters required

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-105 - Power of referendum; time for filing petition

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-106 - Petition papers; affidavits

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-107 - Filing of petition papers; examination; certification of result

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-108 - Amendment of initiative or referendum petition

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-109 - Suspension of ordinance

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-110 - Submission to board of freeholders

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-111 - Submission of ordinance to voters; withdrawal of petition

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.