Bill Text: NJ A4154 | 2014-2015 | Regular Session | Introduced
Bill Title: Clarifies law governing appointment of freeholder as county counsel or county treasurer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-05 - Introduced, Referred to Assembly State and Local Government Committee [A4154 Detail]
Download: New_Jersey-2014-A4154-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Clarifies law governing appointment of freeholder as county counsel or county treasurer.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning appointment to certain county offices and amending N.J.S.40A:9-23.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.40A:9-23 is amended to read as follows:
40A:9-23. No member of a board of chosen freeholders during the term for which he is elected shall be eligible for appointment to any office or position required to be filled by the board unless he shall resign and cease to be such a member at least 3 months prior to his appointment, except in cases where such office or position, by law, may be filled by a member of the board [or the appointment is to the position of county counsel or county treasurer].
(cf: N.J.S.40A:9-23)
2. This act shall take effect immediately.
STATEMENT
This bill amends a provision of law concerning the eligibility of a member of a county board of chosen freeholders for other offices or positions in order to clarify that a sitting freeholder cannot be appointed county counsel or county treasurer.
This provision of law prohibits a board of chosen freeholders from appointing one of its members to any office or position required to be filled by the board until three months after the member has resigned from the board, but excepts from this restriction: an office or position which statutorily may be filled by a freeholder, or appointment to the position of county counsel or county treasurer. Although this provision of law can be interpreted as authorizing a freeholder to serve simultaneously as a county counsel or county treasurer, legislative history indicates that the purpose for establishing this exception, back in 1929, was to "permit the immediate appointment of a member of a board of freeholders who is an attorney to be county counsel . . . without waiting the statutory period of three months." The exception for appointment as county treasurer was added in 1931.
By deleting the exceptions for appointment to the positions of county counsel or county treasurer, the bill clarifies that a freeholder cannot simultaneously serve in those positions nor be appointed to one of the positions until three months after the member's resignation from the board.
