IIPr, .. ::-:-' :w.~-,.-,7·.···:· . _:·::_.:,·<:/ , , . ,. · ..... : . ~ Bergen County Change - BERGEN COUNTY CHARTER STUDY COMMISSION 1984- 1985 .... --- ~ ~ ;·\~' ~~-~-:. , ,~C·'·?~~ tl '/ .r' a · ~ \ 1197'{.?2/ i .· .· · . ·. ·. i . . .·. ·. ; . J!,r Rao~ JOHNSON FREE PUBLIC UBHA.HY. H/\CKENSACK, N.. l, _, '\\g'f4.ctf- I '13i5 :; C 0 N T E N T S Page Section I. · SUMMARY LETTER TO THE PEOPLE OF BERGEN COUNTY 1 INTRODUCTION 6 . The Bergen County Charter Study Commission Decision-Making Process Individuals Who Testified II. COUNTY GOVERNMENT IN NEW JERSEY .14 History of County Government in New Jersey . The County and Municipal Government Study Commission The Optional County Charter.Law . Adoption of a County Charter Ill. COUNTY GOVERNMENT IN BERGEN COUNTY 20 . Overview of Bergen County Government Operat ion·s of Bergen County Government Organization of Bergen County Government IV. FINDINGS OF THE BERGEN COUNTY CHARTER STUDY COMMISSION 25 . Overview Leadership Inadequacies . Organizational Inadequacies Operational Inadequacies Findings on New Jersey Charter Counties v. RECOMMENDATIONS OF THE BERGEN COUNTY CHARTER STUDY COMMISSION 32 . Proposed Plan How County Government Will Function Adoption Process APPENDIX 1. Bergen County Departments and Agencies 2. Administrative Code 3. N.J.S.A. 40:41A-28 of the Optional County Charter Law, Relating to Home Rule Cover design by Dana Christie 39 Bergen County Charter Study Commission 1984- 1985 George Heller, Chairman Kathleen A. Donovan, Vice Chair Mack A. Cauthen, T-reasurer .Howard l:lurwitZ., Secretary Linda Baer .1 .William J. Daly Donald C. Ohnegian John B. Paolella Joan Steinacker Patricia E. Stuart Joseph C. Woodcock, Jr. Administrative Building Hackensack. N.•J. 07601 (201) 646·244:1 Alice M. Fuld, AdminiRtrntive Assistant August 1, 1985 TO THE PEOPLE OF BERGEN COUNTY: Last November, the Bergen County Charter Study Commission was elected to study the structure of Bergen r.ounty government and make recommendations as to whether Bergen County could become more responsive to the people and more efficient under a changed form of government. After seven months of i ;west igat ion and research, the Commission recommends the adoption of a charter for Bergen County under which an e Iectad County Executive would be responsible for the day-to-day administration of our County government. The Commission also recommends the restructuring of the Board of Freeholders from 9 to 7 members. Legislation, overall planning to solve County problems, and oversight of the administration of County government would· become the responsibilities of the Freeholders· under the new form of government. It is the Commission's judgment that our present system, in which part-time Freeholders are responsible for both administration and legislation, cannot operate effectively in a County government with a $220 million budget and almost 5,000 employees. Separation of these two functions will enable our County government to provide improved services in a more cost effective manner. WHY CHANGE BERGEN COUNTY GOVERNMENT? ;-:.-- Bergen County is New Jersey's premier county. We are big, resourcefu I and wealthy. The people of Bergen County expect good service from their County government, and to a degree much of what is provided by County government is good. However, virtually all those who testified before the Commission said that Bergen County government should be changed. We heard that: o Nine part-time Freeholders, each with equal authority, cannot provide administrative leadership. In short, nobody is In charge. o 80% of the County's b~.:Jdget is contra II ed by autonomous and semi-autonomous boards and commissions (such as Bergen Pines Hospital,. the Park and Mosqu I to CommIssions, etc. ) . These agencies receive funds from the taxes we pay to the County, but theIr operations are not under the control of County administration. I I - 3 - Based on a thorough examination of existing charter counties, we expect a number of changes: The most dramatic change in Bergen County government wi II be the it is managed. We will be managed by a County Executive, elected ·, the purpose of running the government. This individual and .) ·'appointed professional Administrator wi II be able to make day-to-day decisions necessary to run a modern county government. • way for an the The charter will provide a system of checks and balances. Freeholders will have the right to investigate the operations of County government and to have the Executive account for actions he has taken. In addition, the Executive wi II have the power to veto legislation, and the Freeholders will have the power to override the Executive's vetoes. 9 In a County Executive form of government, reorganization of . County services will be encouraged. Elimination of overlapping and duplicate services can be achieved. Elimination of essential County services, however, will not be permitted by law. • Under the recommended PI an, the peop Ie wi II e Iect a County Executive to a four-year term. Bergen County's Executive will be as well known to the peop Ie of our County as the County Executives in Essex and Mercer Counties are in their counties. The people of Bergen County will hold their County Executive accountab Ie for good government and responsiveness to the County's needs. If performance is not· up to our expectations, he or she wi II not be reelected to office. e The Executive will replace the Freeholders in the hiring of staff. In those .counties where charter change has occurred, the. Commission has observed an emphasis on professionalism and continuity. County government organization wi II become more permanent. Lines of author i ty, de Iegat ion of res pons i b i I·; ty ,····and organ i zat i ona I structure will be set out in the County's Administrative.Code. e A Municipal Advisory Counci I is required by the County Charter Law. The Council will establish a formal means of providing closer mun i c i pa 1-County .1 i a i son and cooperation. Tf:te Counc i I can advise the Freeho Iders and Execut i ve on County and· mun i c i pa I ·. service prob Iems and on the coordination of capital facilities development. · - 2 - o Our present form of county government is commonly regarded as "invisible". Because decisions are made as a group, individual Freeholders are not he.ld accountable by the people for the lack of effectiveness of County government. o ·, 1 Bergen County government lacks the abi I ity to attract and maintain a professional workforce. Political factors are a primary concern in the hi ring process . Profess iona I emp Ioyees fee I the i r effect i veness is retarded by the system. Many highly qualified individuals will not seek positions in County government. o County government is s Iow to respond to the County's needs due to a lack of overall planning and constant organizational restructuring. The lack of an identifiable administrative process hampers cooperation between municipalities and the County. The Freeho Ider form of government .requires many decisions i ~ county government be approved by the Board of Freeholders. Approva~s in the form of resolutions can vary in importance from the purchase _of a few dollars worth of office supplies to deciding the extent of services at a mental health facility. o Despite our size and importance, Bergen County does not comn;and the appropriate attention and respect of either State or Federa I governments. Without the at tent ion of Trenton or Washington, the County does not receive its full share of funds. We lack an individual who represents and can speak for Bergen County. A County Executive would fill that void. There are many County accomp I i shments of which we can a II be proud despite our anti qua ted form of government. The Commission has cone Iuded from discussions with officials from other counties that the delivery of services to the people of Bergen County can be improved. Bergen County is a f i ne pI ace to I i ve. We believe it can become even better with a new form of government. HOW WILL THE COUNTY EXECUTIVE PLAN IMPROVE BERGEN COUNTY GOVERNMENT? Bergen County, under the County Executive Plan, will operate in a fashion similar to most governments and private organizations. An individual ~ill be elected to run County government for a term of four years. The Freeho Ider Board wi II be similar to the State Legislature or the U.S. Congress by providing a check on the Executive's powers and by formulating policy and initiating legislation. - 4 - The County Executive form of government wi II not infringe on home rule. Moreover, improved administration of County government will be beneficial to our 70 municipalities, a view reinforced by each of the local municipal officials who testified before the Commission. ·, The goal of county charter law is to give counties greater control Charter over their own internal situations and fiscal matters. government does not infringe on the powers and duties of other units of government. It is prohibited from doing so by statute. o The charter form of county government allows for greater citizen participation through voter-sponsored initiatives and the reca II of elected officials for cause. I I r Change to a County Executive form of government shou Id not be Iooked on as a panacea for good government. In the view of the Charter Study Commission, however, it will initiate improvement in the w~y Bergen County government is run and improve the essential services it provides. Considerable effort on the part of the County Executive, the County Administrator, and the Freeholder Board will be required. The Commission believes that these officials will measure up to the challenge mandated by the people of Bergen Cou~cy. THE NOVEMBER 5, 1985 BALLOT QUESTION This November the people of Bergen County will vote on the recommendation of the Charter Study Commission: Sha I I the County Executive PI an of the Opt iona I County Charter Law be adopted for Bergen County, with provision for a Board of Freeholders of 7 members elected for nonconcurrent terms and all elected at-large? We recommend that you vote yes on this question -- to establish the County Executive form of government in Bergen County. If this question is approved by a majority vote, individuals wi II be running for l:he County Execut i ve pos i t ion in the 1986 Primary and Genera I EIect ions. In addition, the seven-member Freeholder Board wijl stand for election at the same time. I j i I f - 5 ,, he issues are important_ to the people of our County, and it is the Charter Study omm iss ion's intent that this report provide the information which wi II enab I e ou to understand why a change in Bergen County government is overdue. f you have ''questions or would I ike a member of the Charter Study Commission to iscuss ttle 'merits of changing County government with people in your community, e will be happy to oblige. Please contact our office at your convenience. Sincerely, George Heller, Chairman (Park Ridge) Kathleen A. Donovan, Vice Chair (Lyndhurst) linda Baer (Englewood) Mack A. Cauthen (Englewood) William J. Daly (New Milford) I Howard Hurwitz (Hackensack) Donald C. Ohnegian (Ramsey) ~ I ! John B. Paolella (Hackensack) Joan Steinacker (Ramsey) Patricia E. Stuart (Englewood) Joseph C. Woodcock, Jr. (Cliffside Park) l j' I I I - 6 - I. INTRODUCTION THE BERGEN COUNTY CHARTER STUDY COMMISSION In No.vemb'er 1984 the voters of Bergen County established a Commission to study Bergen JCo~nty's government. The task of the Bergen County Charter Study Commission was to study the present governmenta I structure of Bergen County, to consider and make findings concerning the form of county government, and to make recommendations thereon. This Commission was established in accordance with the New Jersey Optional County Charter Law, which allows counties to change their governmental form. To exercise this right, the voters empower a commission to review the options, compare them to their present government, and recommend a course of action to the voters. The Commission was I i mi ted to either recommending no change to the current Freeholder form of government or recommending one of the optional county charter plans discussed herein. The Commission consists of 11 members: 7 elected by the voters and 4 appointed by the County Democratic and Repub I ican Party Chairmen. A brief biography of the members is provided in Exhibit 1. j DECISION-MAKING PROCESS The Charter Study Commission has made its recommendations after seven months of research, testimony, and pub I ic hearings. The Commission met week Iy in open session and heard views of residents, politicians, officials of Bergen and State governments, County employees, union leaders, and representatives from other New Jersey counties. Speakers from charter counties, including Essex, Union and Mercer, provided information on the workings of their governments. Research papers, books and articles provided a foundation for discussion. A Pub I ic Hearing was held on Saturday, March 30, 1985. Speakers at the various meetings are I i sted in Exhibit 2. Touche Ross & Co. , Newark, New Jersey, an i nternat i ona I consu It i ng firm with ~pertise in New Jersey government operations, ·assisted the Commission. Touche ~oss helped the Commission obtain and analyze information, assisted in the ~ecision-making process, and drafted the Commission's Final Report. ~ I j i f j ' - 7 - Exhibit 1 Members of the Bergen County Charter Study Commission George Heller, Chairman- Park Ridge ~ .·. Park Ridge Board of Education, 1963-1981 Bergen County School Boards Association, 1967-1981 Present Employment: American Cyanamid Company, Wayne, New Jersey Education: MBA University of California; B.A. Amherst College Kathleen A. Donovan, Vice Chair - Lyndhurst President, Girl Scout Council of Bergen County Present Employment: Attorney in Private Practice, Lyndhurst Education: J.D. Cleveland State University; B.A. Rutgers University Linda Pollitt Baer- Englewood Former Legal Staff, Office of Counsel to the Governor Former Legislative Staff, Office of the Senate Majority ~eader Present Employment: Attorney in private practice, Englewood; Counsel to Assemblyman Byron Baer. Education: J.D. Rutgers University; B.A. Rutgers University Legal Mack A. Cauthen, Treasurer - Englewood Member Title VII Advisory·Commission, Education Program for Economically Disadvantaged, 1970-1971 Present Employment: Lehn & Fink Products Group/Division of Sterling Drugs, Montvale Education: Attending Fairleigh Dickinson MBA Program; B.S. Lincoln University William J. Daly- New Milford ,...,.,.. ..· · ~ President, New Milford Borough Council Director, New Jersey Tenants Organization Democratic County Committeeperson Chairman, Bergen County Housing Coalition Present Employment: Management Consultant Education: B.S. Fordham University Howard Hurwitz, Secretary - Hackensack Commissioner, Former Chairperson, Housing Authority of Bergen County President, Hackensack Democratic Organization Former President, Housing Development Corporation of Bergen County Democratic County Committeeperson Present Employment: General Electric Environmental Services ·Education: B.S.; Bch.E New York University - 8 - Exhibit 1 (Continued) Members of the Bergen County Charter Study Commission Donald C. Ohnegian - Ramsey _; ..- Vice Chairman, Supreme Court District Attorney's Ethics Committee Trustee, Bergen County Bar Association Member and Vice Chairman Northwest Bergen County Utility Authority 1975-83 Former Vice Chairman Bergen County Democratic Party 1968 and 1969 Present Employment: Attorney in private practice, Ramsey. Education: J.D. Rutgers University; B.A. Lafayette College John B. Paolella- Hackensack Counsel to New Jersey Senate Minority Staff Former New Jersey State Senator 1982-1984 Former New Jersey Assemblyman 1980-1982 Counsel to Hackensack Board of Adjustment Former Counsel to Bergen Community College Board of Trustees Present Employment: Attorney in private practice, Hackensack. Education: J.D. Seton Hall Law School; B.A. Harvard University Joan Steinacker - Ramsey Superintendant of Elections·- Commissioner of Registration, Bergen County Former Bergen County Freeholder Former Ramsey Borough Council member Member Ramsey Planning Board Former Delegate to the New Jersey Association of Counties Education: Attended Rutgers University Patricia E. Stuart - Englewood Deputy Vice Chairman, Bergen County Republican Organization Past Vice Chairman, Bergen County Republican Organization Former Platform Delegate-Republican National Convention Former Member Credentials Committee Republican National Convention Past U.S. Delegate to UNESCO Present Employment: Executive Secretary, N.J. State' Board of Physical Therapy and N.J. State Audiology and Speech-Language Pathology Advisory Committee , l"'"l¥ .. ' ' - 9 - Exhibit 1 (Continued) Members of the Bergen County Charter Study Commission Joseph C-''Woodcock, Jr. - CI iff side Park ,J • Former Bergen County Prosecutor New Jersey State Senator, 1968-1973 Member New Jersey General Assembly, 1962-1967 Present Employment: Attorney in private practice, Woodcock & Kingman, Esq . , Hackensack Education: LLB University of Pennsylvania; B.A. Rutgers University Other Commission Participants Robert R. Pacicco, Mayor of Leonia, resigned as a Commissioner, May 21, 1985, when he became a candidate for the Board of Freeholders. Linda Baer replaced him on the Commission. Freeholder Director John F. Curran (River Edge) served in an advisory capacity to the Commission. Thomas Betancourt (Northvale) served as the New Jersey Department of Community Affairs' liaison to the Commission. i I ; I f ; l AI ice M. Fuld (Englewood) is the Administrative Assistant to the Commission. She was the Executive Secretary to the 1973-1974 Bergen County Charter Study Commission. ~onsultants - Touche Ross & Co. (Newark) Marc Schwarz, Partner Barry Goldman, Senior Consultant (Fort Lee) Richard Shein, Associate Consultant (Ridgefield Park) - 10 - Exhibit 2 Bergen County Charter Study Commission List of Individuals Who Testified Name Position Date George Albanese Former Union County Manager; Commissioner New Jersey Department of Human Services Robert J. Aloia Bergen County Finance Director and Treasurer February 19 Walter S. Babcock, Jr. Bergen County Personnel Director February 14 David Ben-Ashur Essex County Counsel March 12 Walter Boright Union County Freeholder March 26 Bernard E. Brooks Mayor of Teaneck February 26 Thomas H. Casey Executive Director, Bergen Pines County Hospital February 26 Louis J. Coletti County Manager of Union County Apri I 9 John F. Curran Bergen County Freeholder Director January 22 Michael R. Dressler Bergen County Counsel Apri I 2 Eugene Frances Former ~reeholder; Vice Chairman, Bergen County Board of Social Services Apri I 16 Betty Frank President, Bergen County League of Women Voters Apri I 2 Thomas Gary Public Information Assistant, Bergen County Public Information Department March 30 Jerome Greco Essex County Freeholder President March 19 Carl R. Hartmann County Clerk of Bergen County February 19 Lucy Heller Chairman, 1973-1974 Bergen County Charter Study Commission March 30 March 19 - 11 Exhibit 2 (Continued) List of Individuals Who Testified Name ) • • • • • • Position Date ' Francis X. Herbert Former Freeholder; Former State Senator; Director of Bergen County Consumer Affairs March 12 Arthur F. Jones Bergen County Freeholder February 26 Greta Kiernan Bergen County League of Women Voters; Former Assemblywoman June 11 Joan Lesemann Former Freeholder; Deputy County Clerk January 29 Dor i s Maha I i k Bergen County Freeholder February 26 Harold Martin Former Freeholder; Former Assemblyman March 30 Joseph Martin · Administrator of Essex County Apri I 9 Bill Mathesius County Executive of Mercer County Apri I 2 D. Bennett Mazur Former Freeholder; Assemblyman March 26 Wi II iam D. McDowell Former Freeholder; Bergen County Sheriff January 29 Thomas J. McKenna Director, Bergen County Social Services Division March 5 Rose Mclaughlin President, Union Local Council I (representing County employees) March 5 Richard L. Nelson County Administrator of Bergen County December 11, 1984 Jeremiah F. O'Connor Former Freeholder February 5 Allan S. Olsen New Jersey Department of Community · Affairs November 27, 1984 Mary Lou Pettit Past Chairman, Community Development Coalition of Bergen County Apri I 2 I I I I I I I I I I I I I I I I I - 12 - Exhibit 2 (Continued) List of Individuals Who Testified . . Name Position Date Dr. Frances Prestianni Reseach Associate, County and Municipal Government Study Commission February 5 and June 11 Charles E. Reid Former Freeholder March 12 Werner H. Schmid Teaneck Township Manager Apri I 23 Eugene Schneider Former Executive Director, County and Municipal Government Study Commission; Manager Long-Term Planning, Office of the Budget Apri I 9 Peter Shapiro County Executive of Essex County May 21 James J. Sheehan 1973-1974 Bergen County Charter Study Commission Member February 5 Allen Sklar Bergen County Freeholder February 19 Wi II iam Sommers City Manager of Englewood March 30 William H. Struwe New Jersey Department of Community Affairs November 27, 1984 Edward Testa Director, Board of Social Services Apri I 16 Robert G. Torricelli Congressman, 9th District, New Jersey March 30 Jay Yedvab Former Executive Director, Bergen Pines County Hospital March 19 Ronald Zweig Village Manager of Ridgewood December 5, 1984 Exhibit 2 (Continued) Other Participants The following individuals provided background information or written testimony: -, Robert M.,Belmonte Resident of Bogota Paul R. Dunn Resident of Ramsey Evelyn Haller Resident of Glen Rock Paul Hart Resident of Carlstadt John F. lnganamort Chairman Bergen County Republican Party John H. Johl Mayor of Haworth Shirley Lacy Council President, Englewood David Mattek Executive Director, County and Municipal Government Study Commission Henry P. McNamara Bergen County Freeholder Joseph C. Parisi Chairman Bergen County Democratic Party I I I I I - 14 - II. COUNTY GOVERNMENT IN NEW JERSEY i. To ~nderstand the need for change, it is important to understand what county ·gqvernment is, what services it provides, and how it is organized. This section provides an overview of county government in New Jersey, its history, services and organization. · Few Bergen County residents understand what County government does, let alone understand how it is organized. Despite a 300-year history, County level government remains the "i nv is i b Ie Iayer of government". Residents vote for a Freeho Ider Board and pay County taxes, but few can identify County government services and who is responsible for providing these services. HISTORY OF COUNTY GOVERNMENT IN NEW JERSEY County government in New Jersey was established almost 100 years before .the American Revolution. In 1683 four areas of the New Jersey C~lony, including Bergen, were designated as counties for the purpose of administering reg i ona I courts, collecting taxes, a~d maintaining key roads. The early history of counties is one of regional administration of the monarchy's rule. Unlike municipal governments, which were formed by residents to administer local needs, counties were to administer the State's needs. The concept of regional administration of a higher authority's programs continued after the Revolution. The counties' responsibi I ities continued to focus on the collection of taxes, administration of the courts, and maintenance of roads and bridges. In 1798, the New Jersey Legislature adopted a formal separation between Thirteen counties were incorporated, with Freeholder Boards and judges. Freeholder Boards as the sole governing bodies. The original Freeholder 'Boards consisted of two Freeholders (land owners) elected from each municipality. Bergen County, having seven townships, elected 14 Freeholders. The size of the Board grew as the number of towns increased. By 1910, Bergen had a Freeholder Board consisting of 32 members from 16 townships. Concerns over the Board' s size and i nequ i ties in choosing representatives (townships varied in population) resulted in the Reform Act of 1914. The reform_ resulted in Bergen County's Board being reduced to seven members elected at-large (i.e. Countywide). This number remained unchanged until the 1960s, when it was increased to nine. f, l I'1. I,. t:·i· li 1: - 15 - The size of the Board and method of selection were not the only dramatic changes to affect county government between 1776 and the 1900s. The types of services changed drastically. By 1918 county services included: Ma i.(Jtenance of roads, bridges and cuI verts ·Admi-nistration of the courts and jai Is Surveying and ascertaining property lines Care of the insane Operation of tub~rculosis hospitals Establishment of almshouses (poor houses) Repository of property and corporate ownership information. Today's county government has an expanded role as provider of regional services: Administration of health and social services programs Operation of recreational and cultural programs Economic development and land-use planning Vocational and special education programs Community colleges Environmental services (waste water and solid waste disposal) Municipal government support. Administration of these programs was assigned to the counties through State legislation. State statutes· require Freeholder Boards to e;stablish, fund and operate many programs. Administration of County Government· The early counties were not very large and administered few programs. Admin i strati on of the government was hand I ed by the Freeho I der Board, or more accurately, its sfanding committees. Freeholders were responsible for hiring, firing, paying bills, and supervising. The commission form of government remained the so I e form of county government unt i I the I ate· 1800s. A number of counties e I ected Freeflo I der directors or p.res i dents, but the powers of these offices were organ i zat i ona I . Directors had I imited powers (i.e. to call meetings and establish committees). :;-:.- -Experiments with executive I eadersh i p continued throughout the twentieth century. Various pI ans were proposed and enacted that provided for stranger administrative control over county governments. i i I:. i: . : I i lI i:' !i ,I· ,,:I. 'i 1': 1:: '· :r - 16 Growth of Autonomous Agencies Concerns over the ab i I i ty of Freeho Ider Boards to administer more programs were evident in the State Legislature's establishment of autonomous agencies. An 1888 Iaw a II owed count.i es to estab I ish parks comm iss iens to acquire, maintain, and regulate park lands. A commission could be established by direct petition of the residents to the circuit court. The court was responsible for appointing five commission ., members . During) the late nineteenth and early twentieth centuries, the Legislature established other autonomous agencies. Although funded from the county budgets, they were operated by independent boards and commissions which did not report to Freeholder Boards. THE COUNTY AND MUNICIPAL GOVERNMENT STUDY COMMISSION The growth of counties and their services created many problems for government. Consequently, much effort was given to modifying county government to meet the changing needs of the people. In 1966, the New Jersey County and Municipal Study Commission was establish~d to study the structure of county and municipal government, the interrelationships of State, county and municipal governments, and their present and future problems. · This Commission found that "the greatest single shortcoming in our present system is --the absence of a unit of government which can meet those prob Iems which one municipality or group of municipalities cannot meet alone, and yet which should not be taken over by state and federa I i ntervent i c:m" . The need to so Ive reg iona I prob Iems such as po II uti on, crime, so I id waste, sewage, and f Ioods, without respect to -municipal boundaries, could not be accomplished by individual municipalities. These problems required, according to this Commission, a middle tier. Weaknesses of County Government ,,..... -- Legal Inadequacy By origin and evolution, the county is largely a State agency. It has no powers of self-determination, no significant area-wide powers, and no effective power to Iegis Iate. It even Iacks the power to .reorganize i tse If and, in many important cases, to oversee the tasks for which it pays. Fiscal Inadequacy As a State agency, the county performs a host of essentially State duties which are mandated by State law (such as judicial functions) and which place a burden on county government. ·These mandated duties consume much of the county's budget and were growing at such a rapid rate that they inhibited the county's ability to expand locally-oriented and area-wide service areas, such as parks and recreat ion, pI ann i ng, drainage, community colleges, vocational education, and health programs. *Source: County Government: I I ~ o 1 l The 1966 Commission fouod county government to be inadequate in four key areas*: o j i Challenges and Change, 1969. l - 17 - o Structural and Administrative Inadequacy The present structure of county government almost prohibits effective and efficient administration. Most of the counties' budgets, services and employees are under the control of independent boards, agencies and commissions. In great measure, these groups are accountab I e to no one but themse·l ves. Freeho I ders are tied to de'p_artmental administrative duties. No one really sets goals and policies 1or county government as a whole; no one can. The average Freeholder spends as much time signing vouchers as attending Board meetings to set county pol icy. o Po I it i ca I I nadeguacy Despite we 11-deve I oped and effective poI it i ca I organizations, the greatest single political inadequacy of county government is its invisibi I ity, due largely to a lack of contact with its citizens. If county government is to become a vi ab I e unit of I oca I government, it must gain the confidence of municipal and other local leaders and develop a broader base of citizen support. • 1 i.J' 1 ,i The County and Municipal Government Study Commission also found a number of strengths. County governments have strong political, administrative and funct i ona I roots in New Jersey, and they have sufficient te·rr i tori a I and population size to undertake area-wide ser-vices. The Commission suggested that "present ccunty governments wou I d be appropriate starting points; but only with substantial changes in every area can county government become an efficient, effective government which accurately represents its constituents and can meet their needs". THE OPTIONAL COUNTY CHARTER LAW To implement the County and Municipal Government Study Commission's findings, the New Jersey legislature adopted the Optional County Charter law in 1972 (N.J.S.A. 40:41A). This law establishes procedures and options to reform county government. These options deal with the administrative structure and Freeholder Board composition. ! I i r· t . ! - 18 - Administrative Structure The Optional County Charter Law provides for four structural plans: o The County Executive Plan ·, )uncier this pI an, a County Executive is e I ected by the voters to a four-year term and is responsible for the administration of county government. The Executive prepares and submits the budget, hi res and discharges emp I oyees, proposes I egis I at ion, and has the power to veto ordinances passed by the Board of Freeholders. The County Executive is aided by a professional administrator, who is appointed by the Executive with Freeholder approval. The Board of Freeho I ders is a I so e I ected. Members hoI d confirmation powers for certain appointments and have the right to override Executive vetoes (by a 2/3 majority). The Board has certain appointive and contractural powers. It is responsible for developing and adopting an Administrative Code under which the county operates. The Board passes ordinances and reso I uti ons and is responsible for approving the annual county budget. o The County Manager Plan Under this plan, a County Manager serves at the pleasure of the Freeholders. T~e Manager is the chief executive responsible for the administration of government. The Manager has the power to hire and discharge department heads and other officials in administrative positions. He or she prepares the budget, delivers the annual message, and may introduce legislation. The Board of Freeholders sets policies to be followed by the County Manager, approves the budget, and passes ordinances and reso I uti ons. The Board appoints Counsel, the Board Clerk and other specified officials. The Board develops an Administrative Code which guides county government operations. o The Board President Plan This plan is closer to the present form of county government than the other p~ans. The Board President has no special powers. He or she presides over meetings, represents the county at ceremonial events, and oversees a county Administrator. 0 The.County Supervisor Plan Under this pI an, an e I ected County Supervisor hoI ds a bas-i ca II y ceremon i a I· position. She or he presides at meetings, presents the annual message, and has a tie-breaking vote at Freeholder meetings. •1 I - 19 - Freeholder Board Options The Optional County Charter Law also provides for alternative Freeholder Board configurations. Freeholder Boards can vary in size, basis of representation, and terms: ' o ) the Board of Freeho Iders can consist of 5, 7 ·. or 9 members. o Board members can be elected at large, by district, or by a combination of both at large and districts. o Freeholder terms are three years but all members may be elected concurrently or for nonconcurrent (i.e. staggered) terms. ADOPTION OF A COUNTY CHARTER The Optional County Charter Law places the power to adopt a charter in the hands of the voters. In 1974, a prior Bergen County Charter Study Commission recommended the Executive Plan with nine Freeholders elected for nonconcurrent terms, four elected at large and five by districts. It was narrowly defeated at the polls. In 1974 and subsequent Iy five counties have adopted a charter. Four have an Executive and one a Manager. The hi story of charter adoption in New Jersey is shown in Exhibit 3. The experiences of these counties and ope rat ions of Bergen County were the focus of the 1984-85 Bergen County Charter Study Commission. Exhibit 3 HISTORY OF CHARTER ADOPTION IN NEW JERSEY ,,..... - County Pian Year of Change Terms Fr e e ho I d e r s District At Large Atlantic County Executive 1975 Staggered 4 5 Essex County Executive 1978 Concurrent 4 5 Hudson County Executive 1975 Concurrent Mercer County Executive 1975 Staggered 7 Union County Manager 1975 Staggered 9 ~ 9 - 20 - Ill. COUNTY GOVERNMENT IN BERGEN COUNTY Any consideration of a change in the structure, of government requires an examination of that government and the needs of the people it serves. This sectJon provides a summary of the current Bergen County government, its op~r~tions, services, and structure. OVERVIEW OF BERGEN COUNTY GOVERNMENT Bergen County is one of the Iargest governments in New Jersey and spends over $220 mi II ion annua II y. The County's 4, 860 emp Ioyees perform a wide range of tasks. The distribution of costs is shown in Exhibit 4. Public health services, consisting of Bergen Pines Hospital, an alcohol division, public health nursing, and mental health programs, etc., is the largest functional area, making up 39% c,f the budget and 49% of the emp Ioyees. This is fo II owed in order of size by education, the constitutional offices, the judiciary, social services, parks and public safety. , OPERATIONS OF BERGEN COUNTY GOVERNMENT Bergen County government is described as a Freeholder form of Nowhere is this clearer than in its day-to-day operations over Freeholder Board has the ultimate authority. All personnel actions, decisions, and pol icy matters must be approved by the Board before effect. Each Freeholder meeting requires the consideration of administrative actions. government. which the purchasing going into many such To assist in this process, the County has a County Administrator and has established a system of Freeholder liaisons. County Administrator ;:-:~ - The County Administrator's position was established to assist the Board with the administration of County Government. The Administrator coordinates and supervises the County's seven Division Coordinators and performs various functions, such as budget preparation, in an advisory capacity to the Board. The Administrator, however, has no power to make pol icy, approve budgets, select purchases, pay bills, or hire staff. These powers are_ reserved for the Freeholder Board ~nd cannot, under State law, be delegated. Because of the I imitations on de Iegat ion of authority, the Administrator cannot act without approval of the Freeholders. The Freeholder Board, in turn, has the right to discharge the Administrator without cause. I •I I I II I II I I I I I I - 21 - Exhibit 4 BUDGET BY FUNCTION 1985 Bergen County Budget Administration & Other Programs Pub I ic Safety (3%) Prosecutor's Office (2%)-- Public Health (39%) Park Commission (4%)-Social Services (4%)-Judiciary (4%)--Constitutional Offices (5%)_, Debt Service & Capital Outlay (13%)~ \ 1--- I I I I TOTAL 1985 BUDGET $220,700,000 Education (10%) I I I I I I I I . - 22 - Freeholder Liaison System Trad it iona II y, Freeho Ider Boards in New Jersey function as commission governments, with each Freeho Ider having a major res pons i b i I i ty for a specific department. For example, one Freeholder oversees Health Services, another Public . Safety, etc. ,J ,' Each Freeho Ider serves as I i a i son· between the specific department and the fu I I Freeholder Board which must by State law approve hirings, promotions, and purchases. An individual Freeholder controls the department by making or wi thho Iding recommendations to the Board. Whether or not the Board accepts a recommendation can depend on the political affiliation of the recommending Freeholder and in the case of job appointment, of the potential employee. Freeholders frequently must trade their votes in order to obtain others support. The process is called the patronage system. Selection of the Board and Director Freeholders are elected at large (county-wide) and serve three-year terms. a Board of nine, three members are elected each year. With The Freeho Ider Director, e Iected by the Board, serves a one-year term. The Director is responsible for coordinating the Board's activities and making I ia i son assignments. Other than these res pons i b i I it ies, the Director's powers are no different from those of other Freeholders. His or her leadership power is based on maintaining the support of the majority. ORGANIZATION OF BERGEN COUNTY GOVERNMENT Bergen County government is organized as a Freeho Ider form consisting of a nine-member Board of Freeholders, a County Administrator, seven Division Coordinators and numerous departments, offices, programs and autonomous agencies. Exhibit 5 is the organizational chart of Bergen County. A description of each division, including departments, offices and programs, is provided in the Appendix (pages 39-42). - \? COUNTY BERGEN ~ -- r-. G0 VERNMENT ---- '-- AUTONOMOUS (County Cleek =r---1 I Sheriff =r---: t---- l ( Surrogate Prosecutor Narcotics Task Force~---~ I JudTcial.--=court&- r--- 1Jury Commission r--I E ieCt.IO..--oOar_d_ _ .. _]" ___ : I Comm. : of Registration r---:- I ftU,JUQ'-'C'I. I I ._VIII,. I. Q&..o._ nuua ._._. .. I rt:a;;-J.;ii)CacY] ~ w r sliet.<>t&ie<:~ r---: Personnel t"--- l [Tax Board r---: r---: [voeatiO..illscl.oots- r---: [Supt. of Schools IVISION COORDINATO Finance [Community College : Special Services School District [ HouslrlgAI.JthOr!tY- r--- l r--- l [Ext ens ion ServiCe-- - r---: I Pack r---; Commission ...-.4'...-n """"• ,.. .... --~ I .. I ..,....,~ ..... u& PC:t'""' ..... - I I Measures I Youth servTceS":J--1 ---· ; ---· • Pl ~ :::r .... .... 0' rt lJl Source: Reorganization of Bergen County Government, January 4, 1984. - 24 - Autonomous Agencies and Constitutional Officers In addition to the seven divisions, there are a number of County functions not under direct Freeholder control. These are referred to as autonomous or . s~m i:-autonomous agencies and the cons t i tut i ona I officers. They are not administered by the Freeholders, but they receive County funds and are considered part of County government. Autonomous and semi -autonomous agencies are those agencies operated by independent boards, commissions, or directors. They were estab I i shed by State government with a requirement for a separate board or commission. In some instances, the administrator may be appointed direct I y by the State, as is the case with the Judiciary, Prosecutor, and Superintendent of Elections. Other major autonomous and semi-autonomous agencies include: Park Commission Bergen Pines Hospital Board of Social Services Bergen Community College Superintendent of Schools Superintendents of Vocational-Technical and Special Services Education The elected constitutional officers are: Sheriff, County Clerk, and Surrogate. Each of these elected officials has staff to carry out his duties. They do not report to the Freeholder Board. The Freeho I der Board general I y has I itt I e say in the operation of these units, a I though it has some contro I by virtue of its ab iIi ty to appoint board and commission members. Most of the County budget goes to these independent units. State law and court decisions require the Freeholders to provide them with adequate budgets. 1 1 .) I I I I - 25 - IV. FINDINGS OF THE BERGEN COUNTY CHARTER STUDY COMMISSION After a seven-month study of county government, the Bergen County Charter Study Commission concluded that Bergen County government has serious inadequacies that ~ffect the cost and quality of County services. The Commission based its conc~·usion on research and testimony from 45 individuals. This section summarizes its findings. OVERVIEW Providing Cost Effective County Servi~es is More Important Now than Ever Bergen County is the most important county in New Jersey. Bergen has the highest per capita income and the largest population, about 850,000 residents. Approximately 23,000 private businesses are located in the County, employing over 361,000 people.* The County is maturing and undeveloped land is becoming scarce. Statistics show an aging population, while overall population appears to be general leveling off. The County and municipalities can no longer count on significant unit growth to hold taxes down. For example, between 1960 and 1970 the number of dwelling units increased 20%. Between 1970 and 1980, the increase was only 8%. Growth of the tax base is not likely to continue. Most of the services provided are mandated by State law or must be provided for the health and well-being of the residents. I II: i :JI I Population and budget trends in Bergen County are shown in Exhibits 6 and 7. *Source: 1985 Planner's Data Book for Bergen County. i - 26 - Exhibit 6 BERGEN COUNTY POPULATION GROWTH z 0 l- et .J ::l a. a. 0 I 1900 I 1910 I 1920 I 1930 I 1940 I 1950 I 1960 I 1970 I 1980 I 1990 Est. Exhibit 7 BERGEN COUNTY ANNUAL BUDGETS $250 I I '""' Ul z ._ 220 0 .J .J 164 en 0:: <t ;:-:.-- 1ss . __.,.,----~183 --~----,..-- .J .J 0 \48 c ~ ~I 199 162 150 100 50~------~--~--~~--~~------~--~----~~ 1975 Sources: 1976 1977 1978 1979 1980 1981 1982 1983 1984 Population Statistics, 1985 Planner's Data Book for Bergen County, 1975 to 1985 Budget Figures, Bergen County Finance Division. 1985 - 27 - The present form of County government is inefficient and inadequate in its . abi I ity to: Organize government Provide administrative leadership . / Qperate government These inadequacies have had significant impact on the Commission's recommendations. They should be examined in detail. LEADERSHIP INADEQUACIES A Board of Nine Freeholders Cannot Provide Strong Administrative Leadership A part-time, nine-member Board cannot provide strong administrative leadership. Even the best intentioned ~reeholder is weakened by the Board process. Decisions on hiring, dismissing, purchasing, and day-to-day operations reside with a Board which makes decisions through majority rule. Since each Freeholder has equal status, no one Freeholder is. likely to assume an individual leadership role. The Freeholder Director position provides some organizational leadership, but the Director is without legal authority. The Director's leadership is strong as long as his majority backing is strong. Changes in individual Board members' opinions and annual elections can weaken or unseat the Director. Freeholders, who work closely with' their appointed divisions, likewise are able to influence decisions only if they can obtain majority support of the Freeholder Board. Liaisons of different parties or those within their own party's minority can be powerless. This can be frustrating to a Freeholder who spends considerable time understanding his or her agency's needs and trying to meet them. Residents do Not Clearly Equate the Efficiency and Effectiveness of County Government with Individual Freeholders 0:--~ The election of Freeholders receives little public interest and County government remains an invisible tier. The lack of a clear leader or leaders results in a lack of accountability. Because decisions are made as a group, individual Freeholders are not held accountable by the voters for the deficiencies or effectiveness of government. Freeholders do Not have the Time to Perform the Function County Government Needs The Freeholder is a part-time position, yet the responsibilities of the office demand performance of legislative and administrative functions. It is difficult to perform both functions, especially on a part-time basis. - 28 - The County Administrator Cannot Provide Strong Administrative Leadership The County Administrator is I imited in his functions. State law restricts the position's functions to those specifically designated by the Board of Freeholders. The Board cannot delegate to the Administrator the authority to approve hirings, dismissals, salary levels or policy changes. Though the Administrator can as~emple the budget, the Board must approve it. These restrictions, along with the Board's abi I ity to dismiss without cause, severely restrict an Administrator's ability to provide leadership. ORGANIZATIONAL INADEQUACIES More than 80% of County Government Budget is Outside the Control of the Freeholders County government is fragmented into numerous autonomous and semi-autonomous boards and agencies. Responsibi I ity for the operations and services of these agencies is diffused. The Freeholders have little say in how these agencies are run. Each autonomous unit has a separate governing body which is responsible for decisions concerning hiring, distribution of the budget, and service levels. This dilemma can be overcome only by adopting a charter form of government. County Government Lacks Long-Term Planning Reporting relationships, positions and department functions can be changed depending on the immediate need or whim of the Freeholders. The sense of a permanent structure is lacking. Annual Freeholder elections usually result in changes to the operating structure of the government, especially when the political party with majority representation changes. Agencies are either in a constant flux or make no plans for change. Government is hampered by uncertainty as to the future. PI ann i ng for services suffers. There is no Separation of the Policy and Administrative Functions 0-·~ One tenet of our form of government is "checks and ba Iances". At the present time, Bergen County government lacks adequate "checks and balances". The Freeholder Board is charged simultaneously with policy making and day-to-day administration. Freeholders both set policies and carry them out. As a body, they have significant unchecked powers. - 29 - OPERATIONAL INADEQUACIES Bergen County Lacks the Ability to Attract and Maintain a Professional Workforce The quality of a government is related to the quality of its workforce. Although Bergen County has some outstanding exceptions, professional hiring is hurt by the politi~al hiring process. \ All ~i~ing requires the approval of the Freeholder Board. Freeholders decide the person to hire, as well as salary and advancement potential. The Commission has received considerable testimony that political factors are the primary concern in the hiring process .. Many positions are fi lied through patronage. Professional employees feel their effectiveness is retarded by the political process, especially if they are not supporters of the majority party. Many highly qualified individuals, because of the patronage system, do not seek County employment. Since the Board's majority may change annually, many employees, especially management, have no guarantee of continued employment even if they perform well. The Board of Freeholders is Slow to Respond to County Needs The Freeholder form of government requires that every deciston of County government be approved by the Board. Approva I must be sought for hiring personne I, paying b i I Is and changing poI icy. These approva Is, in the form of resolutions, can vary in importance from the purchase of $5 of office supplies to deciding the extent of services at a mental health faci I ity. Technically, the Freeholder Board must approve each resolution. The process of gaining Freeho Ider · approva I is s Iow. Many i terns are pI aced on each agenda. Minor agency needs can fall through the cracks. Major needs can be put off until the calendar clears. A system of agency I i a i sons has been used to reduce the prob Iem of reviewing hundreds of requests. Each agency has a I i a i son to carry its requests to the Board. The I iaison, however, is sti II only one person with I imited time to review requests and to convince Board members to support his or her position. The result, even with I iaisons, is a slow approval process. loses its ability to respond quickly to agency needs. County government Clear Lines of Communication Between the County, its Employees and Municipalities do Not Exist The lack of a clearly identifiable administrative process creates communications problems. Municipalities do not have a single administrator at the County level who can I i sten to and act on their prob Iems. Emp Ioyees do not know whom to respond to, the Freeholder Board, the. Freeholder I iaison,. the Administrator or department head. The Iack of c Iear I i nes of communication resu Its in important decisions being delayed. - 30 - FINDINGS ON NEW JERSEY CHARTER COUNTIES The inadequacies discovered were compared to the operations in counties that have To do this, the Commission changed from the traditional Freeholder form. interviewed offici a Is of the charter counties of Mercer, Essex and Union and reviewed written materia I -on a II charter counties. These are the findings of the Commission concerning charter counties: - '' Charfer.-Counties have Reduced the Number of Autonomous Agencies All f_ive counties that have changed their form of government --Atlantic, Essex, Hudson, Mercer and Union -- have significant Iy reduced the number of autonomous agencies. Some charter counties no Ianger maintain separate commissions and authorities for: Mosquito extermination Parks Housing County hospitals Social services Planning. In all cases the services are still provided but the functions have·been absorbed by departments under the control of the County Executive or County Manager. The Mosquito Extermination Commission, for example, which is a highly seasonal function, was absorbed by the Essex County Public Works Department to smooth o~t seasona I demands. Both functions have benefitted by improved use of equipment and avai labi I ity of staff during peak seasons. Adoption of a Charter Plan Adds Permanence to Government The adoption of a county charter results in the adoption of an Administrative Code, a permanent organ i zat i ona I and ope rat i ona I pI an for County government. Once adopted, it can be changed on Iy by ordinance. A change must be pub I i c Iy debated and approved by majority vote at two Freeholder meetings. The Code contains the organization pI an, reporting reI at i onsh ips and permanent policies and procedures. It addresses transition issues relating to the change from Freeholder form to charter form, and from administration to administration. The Executive Plan has Led to Significant Improvement in Four Counties Four counties -- Atlantic, Essex, Hudson, and Mercer -- have adopted an Executive Plan. All four counties report significant improvements in their operations s i nee their charters were.· approved. Essex County, for examp Ie, _adopted an Executive form in 1978. The Executive and members of the Freeholder Board have cited a decrease in their labor force, a reduction in tax rates, and improved services as a result of changes. Atlantic, Hudson and Mercer have experienced similar improvements. I! - 31 - The consensus is that the Executive form has provided a forum for strong leadership. A qualified leader chosen by the people, is responsive to the public's needs. A County Executive can direct the resources of the County to solve problems efficiently. The Manager Plan has Led to Significant Improvement in Union County Union County is the only county to adopt a Manager form of government. County officials agree the Manager form has reduced costs and patronage and improved services since 1974. The Manager's responsibi"lity is to provide professional management of the government. The Manager position has been criticized by some as being unresponsive to the public. Freeholders complain it is difficult, if not impossible, to dismiss a Manager and that it can become difficult to work with a Manager who does not stand for election. The County Supervisor Plan and the Board President Plan have Not been Selected by Any County in New Jersey The County Supervisor and Board President PI ans have not been a par.t of any county's reorganization. These plans do not appear to provide unique features that would make them attractive. The Supervisor Plan is a hybrid of the elected Executive and the appointed Manager. The Freeholder President Plan is similar to the present form. Charter Law is Consistent with Municipal Home Rule The New Jersey County Charter Law prohibits counties from engaging in any actions which impair, diminish or infringe on the powers or duties of municipalities or other units of government (see N.J.S.A. 40:41A-28, page 43 of this report). New Jersey's Home Rule Law remains in effect and is likely to be strengthened under Charter government. The charter counties have been able to work constructively with local governments, providing regionalized services on cooperative or contractual bases. Counties under the Charter Law are required to establish Municipal Advisory Councils consisting of the county's mayors. The Council advises the Freeholders on county and municipal problems, county and municipal relations, cooperation in service problems, coordination of operations, and capital facilities development. - 32 - V. RECOMMENDATIONS OF THE BERGEN COUNTY CHARTER STUDY COMMISSION Intensive examination of Bergen County government and the charter a I ternat i ves resulted in the Bergen County Charter Study Commission's recommending that: o The County adopt the Executive PI an as out I i ned in the New Jersey Opt iona I Coul)ty:-charter Law, and o The Freeho Ider Board be reduced to seven members, e Iected at serving nonconcurrent· (i.e. overlapping) three-year terms. Iarge and This section provides a summary of these recommendations and how Bergen County residents will benefit. PROPOSED PLAN The following language will appear on the General Election ballot this November: "Sha II the County Executive form of government of the Opt iona I County Charter Law be adopted for Bergen County, with provision for a Bo~rd of Freeholders of 7 members elected for nonconcurrent terms and all elected at large?" If adopted, Bergen County will become a charter county with an elected Executive and a seven-member Freeholder Board, as out I ined below: ! Elected Executive Plan The Executive Plan wi II operate in a fashion similar to most governments and private organizations. An individual will be elected by the voters to run County government for a term of four years. The Executive wi II have the authority to make day-to-day operating decisions. These powers will include the ability to: o Appoint department heads, subject to confirmation by the Freeholder Board o Appoint and remove officials in administrative service when appropriate ~- Prepare the County's budget and the annual message o Introduce legislation o Veto o Subject to Freeholder confirmation, the Executive appoints an Administrator to assist in running the government. ·The Administrator must meet abi I ity, academic and work experience requirements established by law. ordinan~es passed by the Freeholder Board J I I l i t - 33 - Freeholder Board The Freeholder Board will function in a fashion similar to the State Legislature or the U.S. Congress. The Board provides a check on the Executive's powers and acts as a formulator of policy. These powers include the ability to: o Pass,ordinances and resolutions o "· : and pass the budget Mod1fy o Enter into contracts with municipalities o Adopt the Administrative Code o Override the Executive's veto by 2/3 vote o Investigate actions of the administration o Appoint a Clerk to the Board o Approve the .Execut-ive's appointment of certain key officials. ' The Freeholder Board will be elected at large and serve three-year, nonconcurrent {i.e. staggered) terms: 0 A difficult issue for the Charter Study Commission to resolve was the determination of the basis for Freeholder representation. The advantages of Freeho Ider representation by district, or a combination of at large and districts, was considered carefully. Strong arguments for at Iarge and district representation were presented by advocates of each point of view. However, by a 6 to 5 vote the Commission recommends the at large basis for representation. Supporters of district-elected Freeholders believe that Freeholders elected on this basis would be more accountable to their constituents and would provide more consistent representation {i.e. there would be a greater likelihood of continuity in office) which would result in .the potential of a strong alternate voice to the elected ~xecutive. 0~- o Supporters of Freeholders elected at large believe that Freeholders elected from districts could lose sight of County-wide problems and become parochial in their views. Concern was also raised that since Freeholder districts would not coincide with other existing voting districts, additional confusion would be created among the voting population. EIect i ng a II Freeho Iders at the same time was proposed as a method for avoiding annual elections and annual political campaigning for the Freeholder positions. A number of Freeho Iders and former Freeho Iders camp Ia i ned about the pre-election period when Freeholders spend much of their time running for off ice. I ' -34 - On the other side, concerns were raised that if the entire Freeholder Board was elected at the same time as a presidential or gubernatorial election, the partisan composition of the Board would I ikely be swept along with strong candidates at the top of a single party's ticket. Nonconcurrent elections wi II a!. low for a more gradual turnover of the Freeholder Board and also ensure ·'that Freeho Ider e Iect ions wi II occur annua II y, thereby keeping the Executive's performance before the people. o The reduction in the members of the Freeho Ider Board from nine to seven is expected to provide greater identity for these offici a Is, thereby enhancing their public image. A lesser number of Freeholders would also be consistent with the reduced sphere of responsibilities, from the present administrative and legislative responsibilities to primarily legislative functions. Major features of the Executive Plan are summarized in Exhibit 8. HOW COUNTY GOVERNMENT WILL FUNCTION County government will function more effectively and efficiently under the Charter. Based on a thorough examination of existing charter counties, Bergen can expect a number of things to change and many things to stay the same: 1. Managerial Leadership The most dramatic change in County government will be the way it is managed. County government will be managed by an Executive, elected for the purpose of running the government. This individual will be able to make the day-to-day decisions necessary to run a modern County government. As the primary decision-maker, the Executive will reduce indecision and de Iays genera I Iy associ a ted with the current nine-member Freeho Ider Board. Emp Ioyees, mun i c i pa I Ieaders and residents wi II be ab Ie to Iook to the Executive for responsible management. 2. Professional Management The Executive will replace the Freeholder Board in the hiring of staff. Although this does not guarantee that pat"ronage wi II be eliminated, it does change the accountab i I i ty for staff performance to one i dent if i ab Ie with an i nd i vi dua I rather than to a group having no i nd i vi dua I accountab i I i ty. The Executive's success or failure will be judged ultimately by the_voters, based on performance. In those counties where charter change has occurred, the Commission has observed an emphasis on professionalism and continuity of management. ' I I I I j - 35 - Exhibit a SUMMARY OF THE COUNTY EXECUTIVE PLAN ) .- VOTERS OF BERGEN COUNTY COUNTY EXECUTIVE FREEHOLDER BOARD Elected to a 4-Year Term 7 Members Elected at Large 3-Year Staggered Terms Administers Bergen County Government I Appoints an Administrator and Department Heads Subject to Freeholder Board Confirmation . I Appotnts and Removes All Officials in Administrative Service Prepares Ope)ating and Capital Budgets and the Annual Message to the People of Bergen County I . I atton . Intraduces Legas I Approves or Vetoes Freeholder Ordinances · Passes Ordinances and Resolutions 1 May Override the Executive's Veto by a 2/3 Vote Contracts with M~nicipalities I Adopts the Administrative Code Reviews, Modifie~ and Adopts Operating and Capital Budgets I Makes inquiry into or Investigates Actions of the County Executive Appoints a Clerklto Board and Certain Other Officials - 36 - 3. An Administrator with Delegated Authority to Act Charter law provides for a professional County Administrator, appointed by the Executive and approved by the Freeho Ider Board, to assist in day-to-day operations. State law specifies the minimum qualifications and experience of the Administrator and allows considerable latitude in the responsibi I ities that the Executive can delegate to improve the efficiency and responsiveness of County government. 4. Permanent County Structure Lines of authority, delegation of responsibility and organization structure wi II be set forth in an Administrative Code. A permanent structure and operating procedure will permit long-term decision making. State Jaw requires the first Freeholder Board to develop an Administrative Code. The Code, once adopted, can be modified through the ordinance process including both public hearings and newspaper advertisements. 5. Four-Year Administration In addition to the permanence created by an Administrative Code, County employees and residents will gain a sense of continuity of government through the Executive's term of office. Under the Executive plan, operations will be under the same individual and administration for four years, or longer if the Executive is reelected. County government wi II be able to plan on a longer time frame, leading to more efficient and effective decisions. 6. County Services Most County services are mandated under State law. Charter Jaw does not permit counties to eliminate any of these services but does offer the flexibility to provide them more efficiently. 7. Support for Municipalities Nothing in the Charter Law expands County power reI at i ve to mun i c i pa I it i es. Loca I services wi II cant i nue to be provided by mun i c i pa I governments. Home Rule statutes continue to protect localities from county intrusion. Local governments are likely to benefit from the recommended -change. Charter Law requires the County to establish a Municipal Advisory Council consisting of the mayors of the mun i c i pa I it i es, to act as advisory counc i I to the Freeholders. It would work on issues of common interest. Executives in charter counties have been able to improve municipal operations by working with local officials on joint purchasing and other services through a combined effort to deal with State and federal legislation. - 37 - 8. Continuation of State Regulations County government's power to act is limited by State law. The State will continue to monitor County finances, cap budget expenditures, and set purchasing procedures . It wi I I ensure that alI mandated services are provided. Civil Service and Home Rule protection remains. 9. Reduction of Autonomous Agencies The Executive and the Freeho Iders wi II have the authority to reorganize County government. I I Autonomous and semi-autonomous agencies can be merged into other departments This has been accomplished in order to gain operating efficiencies. successfully in all of the charter counties. The agencies that were merged vary according to individual county needs. The best reorganizational plan for Bergen County will require careful study and public input. State Iaw gives this authority to the first Freeho Ider Board. The Iaw I i mits the power to reorganize certain agencies that must remain separate including: Constitutional offices Judicial functions Other specified agencies, such as the Community Col lege. 10. Visible Voice for Bergen County The Executive wiII be the e Iected voice for Bergen County. As the chief operating officer, he or she ' will be able to negotiate with federal and State government concerning Bergen's needs . Bergen wi I I have a voice to ensure its needs are considered in Trenton and Washington. The Executive wi II represent Bergen County as both an elected official and its chief operating officer. 11 . Adherence to laws through Checks and Balances Adherence to laws will be provided through a system of checks and balances. The Executive is charged with administering government, and the Freeholders wi II be res pons i b Ie for approving or rejecting certain Executive act i ens, such as the: .. . - Appointment of key managers Development of the County budget Execution of contracts. Freeholders have the right to make Inquiry into and Investigate the of County government. The Executive has the right to veto ordinances, and the Freeholder Board can override such a veto by a 2/3 vote of Its members. The Executive's power to veto and the Freeholders' power to override vetoes keep the legislative function in balance. opera~lons - 38 - ADOPTION PROCESS The Optional County Charter Law spells out the procedures Bergen would follow to change its County government: . : Elect a Charter Study Commission Publish the Recommendations of the Commission Approve the Recommendations by referendum. Bergen County has completed the first two tasks and is now faced with the choice of whether or not to approve the Commission's recommendations. Voters wiII have the opportunity to vote for or against the recommendations in the November 1985 General Election. A "no" vote would maintain the current governmental system. A "yes" vote wi I I adopt the Commission's recommendation for . an elected Ex~~~tive and a new Freeholder Board. · I ' I