Title 40, Title 40: MUNICIPALITIES AND COUNTIES

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 …

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, …

40:41A-2. Election of charter study commission At the same election as the public question is submitted, seven members of an 11-member charter study commission shall be elected by the county's registered voters. There shall be placed on the ballot the names of charter study commi…

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 article…

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 petiti…

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 …

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 …

40:41A-24. Incorporation The inhabitants of any county shall within the boundaries of that county be and remain a body corporate and politic, with perpetual succession. L.1972, c. 154, s. 24, eff. Sept. 19, 1972.

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 applic…

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 applicabl…

40:41A-27. County powers generally Any county that has adopted a charter pursuant to this act may, subject to the provisions of such charter, general law and the State Constitution: a. Organize and regulate its internal affairs; create, alter and abolish offices, positions and em…

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…

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 th…

40:41A-3. Nominating petitions Candidates for the charter study commission shall be persons who were registered voters of the county as of the date of the most recent preceding general election. They may be nominated by petition signed by at least 200 registered voters. Said peti…

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…

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…

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 a…

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…

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 positio…

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 count…

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 n…

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 …

40:41A-37. Powers of county executive 37. The county executive: a. Shall supervise, direct and control all county administrative departments; b. With the advice and consent of the board, shall appoint the county counsel, the administrator, the heads of all departments and any div…

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 …

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.

40:41A-4. Canvass of returns The results of the votes cast for and against the charter study question shall be returned by election officers, and a canvass of such election had, as is provided by law in the case of other public questions put to the voters of a county. The votes c…

40:41A-40. County executive at meetings The county executive may be present and participate in discussions at all board meetings. L.1972, c. 154, s. 40, eff. Sept. 19, 1972.

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 pro…

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…

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 th…

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 …

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. …

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,…

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 …

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 lowe…

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 t…

40:41A-5. Organization meeting of commission The county clerk shall convene the first meeting of the charter study commission as soon as possible and in any event no later than 15 days after its election. At that meeting the charter study commission shall organize itself and elec…

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 …

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…

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 …

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 …

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.

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 s…

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…

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 …

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…