1985 Study Commission Report

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1985 Study Commission Report IIPr, .. :w.~-,.-,7·.···:· _:·::_.:,·<:/ ,,.,.. · ..... : ::-:-' . ~ . Bergen County Change - BERGEN COUNTY CHARTER STUDY COMMISSION 1984- 1985 .... --- ~ ~ ;· \~' ~~-~-:. , , ~C·'·?~~ tl '/ .r' a · ~ \ i .· .· · . ·. ·.. .·. ·. ; 1197'{.?2/ 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 :; Section Page SUMMARY LETTER TO THE PEOPLE OF BERGEN COUNTY 1 I . · 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 i on·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 39 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 Bergen County Charter Study Commission 1984- 1985 George Heller, Chairman Kathleen A. Donovan, Vice Chair Mack A. Cauthen, T-reasurer Administrative Building .Howard l:lurwitZ., Secretary Hackensack. N.• J. 07601 Linda Baer .1 .- (201) 646·244:1 William J. Daly Donald C. Ohnegian John B. Paolella Alice M. Fuld, Joan Steinacker AdminiRtrntive Assistant Patricia E. Stuart Joseph C. Woodcock, Jr. 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 i gat 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 - I Based on a thorough examination of existing charter counties, we expect a number of changes: I • The most dramatic change in Bergen County government wi II be the way it is managed. We will be managed by a County Executive, elected for ·, the purpose of running the government. This individual and an .) ·'appointed professional Administrator wi II be able to make the day-to-day decisions necessary to run a modern county government. 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 I e wi II e I ect a County Executive to a four-year term. Bergen County's Executive will be as well known to the peop I e 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 I ems 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 i ona 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 over their own internal situations and fiscal matters. Charter 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.
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