05/30/14 KATHLEEN A. DONOVAN
AND EDWARD TRAWINSKI VS.
BERGEN COUNTY BOARD OF CHOSEN
FREEHOLDERS AND
JOHN D. MITCHELL
A-1117-12T1/
A-1362-12T1(CONSOLIDATED)
These consolidated appeals
involve the statutory roles of the County Executive and the County Board of
Chosen Freeholders under the county executive form of government. Construing the Optional County Charter Law, N.J.S.A. 40:41A-1 to -149, and the Local Fiscal Affairs Law,
N.J.S.A. 40A:5-1 to -42, we adopt the trial court's ruling that the County
Executive, rather than the Board of Freeholders, has the authority to appoint
the auditor. We also affirm o.b. the trial court's determination that the
Charter Law's provision allowing a county executive to be present and
participate in discussions at all Freeholder meetings, executive N.J.S.A.
40:41A-40, does not allow a county to appoint a designee for such purpose.
