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Tuesday, June 17, 2014

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)


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.