Amato v. Board of Chosen Freeholders of the County of Essex

In Amato v. Board of Chosen Freeholders of the County of Essex, 240 N.J. Super. 313, 573 A.2d 209 (App.Div.1990), the court addressed the respective roles of the County Executive and the Board in the preparation and adoption of the County Budget. In Amato, the Executive asserted that the Board was without authority to modify or amend the budget without his approval or concurrence. Id. at 315, 573 A.2d 209. As a result, the County Executive filed an application to enjoin the Board from adopting any budget that had not been approved by him. Ibid. On appeal, the court discussed the budgetary process in detail and held that: . . . the county executive is a member of the "governing body" for the purpose of exercising all "administrative or executive functions" including the duty to "prepare and submit" to the board the annual operating and capital budgets. N.J.S.A. 40:41-36b. The board, in turn, is a member of the "governing body" for the purpose of exercising its legislative power to "approve the annual operating and capital budgets pursuant to the Local Budget Law." N.J.S.A. 40:41A-41g. Nothing in the Charter Law suggests that each branch of government shall share in their respective powers and duties, or have the power to "concur" in other's actions. Id. at 317, 318, 573 A.2d 209. The court noted that "the legislature obviously recognized, that to sustain proper checks and balances between the Executive and legislative branches, the Board should have the exclusive power to approve, amend and adopt the budget as prepared and submitted by the County Executive." Id. at 319, 573 A.2d 209.