Title 40, Title 40: MUNICIPALITIES AND COUNTIES

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, …

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 s…

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 …

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 …

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 …

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 an…

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.

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 on…

40:41A-7. Duties of commission It shall be the function and duty of the charter study commission to study the form of government of the county, to compare it with other forms available under the laws of this State, to determine whether or not in its judgment the government of the…

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 cons…

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 …

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.…

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…

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.197…

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.

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 pres…

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 ac…

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 …

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 …

40:41A-8. Advisors to the charter study commission In any county in which a charter study commission has been established under this act, there shall also be established an advisory body to be known as the advisory board whose members shall have the right to participate in the de…

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, 19…

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 cr…

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.

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 onl…

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 consi…

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…

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 a…

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 pers…

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 …

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…

40:41A-9. State participation in charter studies The Commissioner of the New Jersey Department of Community Affairs or his designee shall serve ex officio as a nonvoting advisor to all charter study commissions established under this act. It shall be his duty to collect, evaluate…

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 oa…

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 …

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 provision…

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 ba…

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 sh…

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 …

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. 1…

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 …

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 …

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 upo…

40:42-1. Municipality; municipal corporation The term "municipality" or "municipal corporation" , where used in this subtitle, means and includes "city" , "town" , "township" , "village" , "borough" , and any municipality governed by a board of commissioners, or improvement commi…

40:42-2. Governing body The term "governing body" , where used in this subtitle, shall be construed to mean the board or body in each municipality designated by statute effective in such municipality as the board or body having control over the subject matter in connection with w…

40:42-3. Construction No provision of this subtitle shall be construed to take from any officer, board or body in any municipality any power or authority which he or it may now have. In case any additional power is conferred upon any municipality by this subtitle and no board or …

40:42-4. Municipalities given fullest powers In construing the provisions of this subtitle, all courts shall construe the same most favorably to municipalities, it being the intention to give all municipalities to which this subtitle applies the fullest and most complete powers p…

40:43-1. Every municipality a body corporate The inhabitants of every municipality shall be a body corporate in fact and in law, and by its corporate name it shall have perpetual succession, may sue and be sued, have a common seal, and purchase, acquire, lease, hold, let and conv…