Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:9-4 Dual office holding. 40A:9-4. (1) It shall be unlawful for a person to hold simultaneously an elective county office and an elective municipal office. (2) It shall be lawful for a member of the Legislature of the State to hold simultaneously any appointive office or posit…

40A:9-42. County administrator 40A:9-42. The board of chosen freeholders of any county, other than a county having adopted a form of government pursuant to the provisions of P.L.1972, c.154 (C.40:41A-1 et seq.), may by resolution create the office of county administrator, to act …

40A:9-43. Counsel; engineer; appointment; term In every county the board of chosen freeholders shall appoint a county counsel and a county engineer. The term of office of the county counsel shall be 3 years and of the county engineer 5 years. L.1971, c. 200, s. 1, eff. July 1, 19…

40A:9-44. Road supervisor; appointment; term The board of chosen freeholders of any county, by resolution, may provide for the appointment of a county road supervisor and fix his compensation. Unless otherwise provided by law, his term of office shall be 5 years. L.1971, c. 200, …

40A:9-46 Medical examiners. 40A:9-46. In every county, the board of chosen freeholders shall appoint a county medical examiner, or join in the appointment of an intercounty medical examiner, in accordance with the provisions of P.L.2018, c.62 (C.26:6B-1 et al.), who shall meet th…

40A:9-47 Assistant medical examiners. 40A:9-47. The county medical examiner of any county or an intercounty medical examiner may, subject to the approval of the board or boards of chosen freeholders, as applicable, appoint one or more assistant county or intercounty medical exami…

40A:9-48 Appointment of licensed physician to act in certain cases. 40A:9-48. If the county or intercounty medical examiner is unable to perform any duty imposed upon him as such medical examiner, by law, he may appoint a resident licensed physician to act for and in his behalf. …

40A:9-49 Payment for burial of unidentified, unclaimed bodies. 40A:9-49. Pursuant to section 22 of P.L.2003, c.261 (C.45:27-22), the county or intercounty medical examiner or assistant county or intercounty medical examiner, upon taking charge of unidentified or unclaimed dead bo…

40A:9-49.1. Burial expenses of indigents 1. Notwithstanding any provision of law, rule or regulation to the contrary, when an indigent person dies in his resident county without a surviving spouse, parent or emancipated child or in a county other than his resident county, the res…

40A:9-5. Rights of certain employees transferred to other positions Whenever heretofore or hereafter a transfer has been or shall be effected by appointment, assignment or promotion of a municipal employee to any other department or position in municipal employment, or to a posit…

40A:9-51 Morgues, morgue keepers; appointments. 40A:9-51. The board of chosen freeholders of any county, by resolution, may designate not more than 6 places to be used as county public morgues and provide for their maintenance and operation. The said board may appoint the morgue …

40A:9-52 Morgue keepers; duties; burial certificates; fees and expenses. 40A:9-52. The morgue keepers shall be required to provide suitable rooms for the holding of necessary examinations or autopsies. They shall dispose of the dead bodies as directed by the county or intercounty…

40A:9-53. Delivery of unidentified, unclaimed dead bodies for placing in the morgue 40A:9-53. In counties having morgue keepers, unidentified or unclaimed dead bodies shall be delivered to the morgue keeper, and if there be more than one, to the morgue keeper in the area where th…

40A:9-54 Unidentified, unclaimed dead bodies in morgues; disposition. 40A:9-54. Unidentified or unclaimed dead bodies shall be viewed by the county or intercounty medical examiner or by the assistant county or intercounty medical examiner, or a regularly licensed and practicing p…

40A:9-55 Delivery of identified dead bodies to proper persons; records. 40A:9-55. If any dead body in a morgue received as being unidentified shall thereafter be identified, the morgue keeper, upon the order of the county or intercounty medical examiner, shall deliver such body t…

40A:9-56 Disposition of unidentified, unclaimed dead bodies, no morgue keeper. 40A:9-56. In any county where there is no morgue keeper, the procedure as to the disposition of unidentified or unclaimed dead bodies shall be as nearly similar as in counties having a morgue keeper, a…

40A:9-57 Police to report finding of dead body. 40A:9-57. Where in any municipality the police ascertain the finding or discovery of an unidentified dead body, the chief of police or other police officer on duty shall forthwith notify the county or intercounty medical examiner of…

40A:9-58 Disposition of personal property of unknown decedent. 40A:9-58. The county or intercounty medical examiner or the assistant county or intercounty medical examiner shall take charge of the personal property found on or pertaining to an unknown decedent, and shall make an …

40A:9-6. De facto officers and employees; right to compensation Any person who has held or who may hereafter hold, de facto, any office or position in the public service of any county or municipality, and who has or shall have performed the duties thereof, shall be entitled to th…

40A:9-63. County clerk; bond 40A:9-63. Every person who shall be elected clerk of a county, before entering into his office shall give his bond to the State of New Jersey and the county as their interest may appear, with sufficient corporate surety, to be approved by the assignme…

40A:9-63.1. Commission; effective date; term of office The commission of every newly-elected county clerk shall bear date and take effect on January 1 next succeeding his election, or if such date falls upon a Sunday, then on the following day, and the term of his office shall be…

40A:9-64. County clerk's oath Every person elected or appointed to the office of county clerk, before entering upon the duties of his office, shall take the following oath: "I, , county clerk of the county of do solemnly swear (or affirm) to (insert name of county) support the Co…

40A:9-65. Performance of duties before giving bond; misdemeanor If any person elected county clerk shall assume to perform any of the duties before giving bond as provided by law he shall be guilty of a misdemeanor. L.1971, c. 200, s. 1, eff. July 1, 1971.

40A:9-66. Seals of county clerks Every county clerk shall have an official seal for the office of county clerk of the county. Until otherwise provided by law, the seals of the clerks of the respective counties now in use shall be continued to be used on official documents require…

40A:9-67. Supreme Court rules governing county clerks who are attorneys at law A county clerk who is an attorney at law shall be subject to the rules of the Supreme Court in respect to limitations upon his practice of law. L.1971, c. 200, s. 1, eff. July 1, 1971.

40A:9-68. Duties of county clerk for the courts 40A:9-68. The county clerk shall perform for the Superior Court the duties pertaining thereto in their respective counties as prescribed by law and applicable to the Supreme Court rules for the administration of the courts. The coun…

40A:9-69. Temporary clerks of courts If the county clerk or his deputy shall be absent at the sessions of said courts, the assignment judge of the Superior Court of the county may appoint a temporary clerk. The temporary clerk shall be under the supervision of the courts and shal…

40A:9-7. Leaves of absence with pay to certain officers and employees The board of chosen freeholders of any county, by resolution, or the governing body of any municipality, by ordinance, may provide for granting leaves of absence with pay not exceeding one year, to any of its o…

40A:9-7.1. Leaves of absence; athletic competition on world, Pan American or Olympic level; reimbursement by state Any county or municipal employee who qualifies as a member of the United States team for athletic competition on the world, Pan American or Olympic level, in a sport…

40A:9-7.2. Leave of absence for members of legislature Any person employed by any county, municipality, or agency thereof who is a member of the Senate or General Assembly of the State of New Jersey shall be entitled to time off from his duties as such employee, without loss of p…

40A:9-7.3 Unpaid leaves of absence for union officers, representatives of certain public employees. 2. Any employee, except a policeman or firefighter, elected or appointed as an officer or representative of a local, county or State labor organization which represents, or is affi…

40A:9-70. Vacancy in office of county clerk other than by expiration of term When a vacancy shall occur in the office of the county clerk of any county other than by expiration of term, the Governor shall fill such vacancy with the advice and consent of the Senate by appointment …

40A:9-71. Moneys received by county clerk; depositories The county clerk shall be responsible and liable for all moneys received by or deposited with him in his official capacity and in respect to moneys deposited in any court with him, he shall be entitled to retain therefrom fe…

40A:9-72. Transfer of records and moneys of county clerk to successor in office 40A:9-72. The county clerk, at the expiration of his term of office or other termination thereof, or his executor or administrator, if said county clerk shall die during said term, shall, in the prese…

40A:9-73 Powers of county clerk. 40A:9-73. a. A county clerk while in office may perform all the duties and exercise the powers pertaining to the office of notary public or commissioner of deeds and upon certifying to any acknowledgment or affidavit shall affix to his signature t…

40A:9-74. Personnel in office of county clerk 40A:9-74. Personnel in office of county clerk. Every county clerk may appoint a deputy clerk or two deputy clerks, one administrative and one judicial, to hold office during the pleasure of the county clerk. Upon occurrence of a vacan…

40A:9-75. County clerk in certain counties may establish court division and registry division In any county having a population in excess of 400,000, and not having a register of deeds and mortgages, the county clerk therein may establish and maintain in his office 2 separate div…

40A:9-76 Salary of county clerk in certain counties. 40A:9-76. The board of chosen freeholders in each county, by resolution, shall fix the annual salary of the county clerk in an amount equal to not less than sixty-five percent (65%) of the annual salary of a Judge of the Superi…

40A:9-77. Compensation of deputy county clerks; chief clerks and other personnel The annual compensation of the deputy county clerk shall not exceed 3/4 of the annual compensation of the county clerk. The annual compensation of any chief clerk in the office of county clerk shall …

40A:9-77.1. Chapter 260 of the laws of 1969 saved from repeal Chapter 260 of the laws of 1969 (C. 40:38-28.1) is saved from repeal. [The act saved from repeal by this section provides that in any county of the second class having a population in excess of 500,000, the limitations…

40A:9-77.2 Preparation of annual budget request by county clerk. 7. A county clerk shall prepare the annual budget request for the office of the county clerk pursuant to the requirements of section 3 of P.L.2015, c.249 (C.40A:4-45.45b). L.2015, c.249, s.7.

40A:9-78. Section 4 of chapter 96 of the laws of 1959 saved from repeal Section 4 of chapter 96 of the laws of 1959 (C. 40:38-6.17) is saved from repeal. [Said section saved from repeal by this section provided for the repeal of sundry sections of the Revised Statutes, the New Je…

40A:9-78.1 Short title. 1. Sections 1 through 7 of P.L.2012, c.30 (C.40A:9-78.1 et seq.) shall be known and may be cited as the "County Identification Cards for Veterans Act." L.2012, c.30, s.1.

40A:9-78.10 Gold Star Parent identification card program. 3. A county clerk or register of deeds and mortgages, as appropriate, may establish a Gold Star Family identification card program for the sole purpose of identifying the holder as a Gold Star Family Member when such ident…

40A:9-78.11 Issuance of Gold Star Parent identification card. 4. When such a program has been authorized, the county clerk or register of deeds and mortgages, as appropriate, shall issue an identification card to any Gold Star Family Member who is a resident of the county. The Go…

40A:9-78.12 Application for issuance. 5. a. Application for issuance of a Gold Star Family identification card shall be made in a manner prescribed by the county clerk or register of deeds and mortgages, as appropriate. In order to be deemed complete, an application shall be acco…