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DONOVAN v. BERGEN BD. OF CHO. FREE.

DOCKET NO. A-1117-12T1, A-1362-12T1

91 A.3d 27 (2014)

436 N.J. Super. 1

Kathleen A. DONOVAN, County Executive of Bergen County, and Edward Trawinski, County Administrator of Bergen County, Plaintiffs-Respondents, v. BERGEN COUNTY BOARD OF CHOSEN FREEHOLDERS, and John D. Mitchell, Freeholder Chairman, Defendants-Appellants. Kathleen A. Donovan, County Executive of Bergen County, and Edward Trawinski, County Administrator of Bergen County, Plaintiffs-Appellants, v. Bergen County Board of Chosen Freeholders, and John D. Mitchell, Freeholder Chairman, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided May 30, 2014.

Attorney(s) appearing for the Case

Richard Malagiere argued the cause for Bergen County Board of Chosen Freeholders and John D. Mitchell , Freeholder Chairman, appellants in Docket No. A-1117-12 and respondents in Docket No. A-1362-12 (The Law Offices of Richard Malagiere , attorneys; Mr. Malagiere , of counsel and on the briefs; Leonard E. Seaman, III and Joseph P. Kreoll , Moonachie, on the briefs).

Thomas P. Scrivo , Newark, argued the cause for Kathleen A. Donovan, County Executive of Bergen County, and Edward Trawinski, County Administrator of Bergen County, respondents in Docket No. A-1117-12 and appellants in Docket No. A-1362-12 (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Mr. Scrivo , of counsel; James J. DiGiulio and Lawrence S. Cutalo , Morristown, on the brief).

Before Judges REISNER, OSTRER and CARROLL.

The opinion of the court was delivered by

CARROLL, J.S.C. (temporarily assigned).

These consolidated appeals involve the statutory roles of the County Executive and the County Board of Chosen Freeholders (Board or Freeholders) under the county executive form of government. Specifically, we review (1) whether the County Executive, or the Board of Freeholders, has the authority to hire the county's auditor, and (2) whether the County Executive may appoint a...

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