reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-18 - Discharge of commission

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-19 - Adoption of optional plan

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-20 - Petition; contents; filing; election; ballot

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-21 - Election; time; ballot

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-22 - Moratorium on other petitions

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-23 - After adoption or rejection, no vote on change for 3 years

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-25 - Government of county after adoption of optional plan

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-26 - General law

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-28 - Municipal powers

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-29 - Municipal or regional advisory councils

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-30 - Grant of powers to county

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-31 - Form; designation

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-32 - Elected officers; governing body defined; exercise of administrative or executive functions by county executive

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-33 - Qualifications, election, term

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-34 - Salary

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-35 - County executive, filling of vacancy in office; procedure.

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-35.1 - Filling of vacancy, interim selection pending election of successor.

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-36 - Duties

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-38 - Legislative power; exercise by ordinance; exceptions; exercise by resolution

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-39 - Chairman and vice-chairman; selection

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

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-42 - Appointment

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-43 - Qualifications

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-44 - Duties

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-45 - Form; designation

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-46 - Officers

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-47 - Qualifications, appointment, term

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-48 - Salary

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-49 - Vacancies

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-50 - Duties

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-51 - Powers

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-52 - Legislative power; exercise by ordinance; exceptions; exercise by resolution

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-53 - Chairman and vice-chairman; election; duties

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-54 - County manager; rights at meetings

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-55 - Board powers

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-56 - Appointment

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-57 - Qualifications

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-58 - Duties

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-59 - Form; designation

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-60 - Elected officers; governing body; definition; exercise of administrative or executive functions by county supervisor

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-61 - Qualifications, election, term

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-62 - Salary

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-63 - Vacancies

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-64 - Duties

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.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:41A-65 - Powers

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.