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