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.
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Last modified: October 11, 2016