In September 1972 Governor Cahill signed into law a Bill titled Optional County Charter Law. On the occasion he said: "This is a history-making change in the development of our county governing bodies. Too little is known, and even less is understood about the operation of our County Governments as they are now constituted. This law makes New Jersey a leader among the states of the nation in giving voters greater control of and participation in the operation of county governments." The new law provided optional plans, as follows:

1. COUNTY EXECUTIVE PLAN with an elected Chief Executive called the County Executive and an elected Board of Freeholders. The County Executive would have control over personnel, budget, and all county agencies and departments. He could veto actions of the Board of Freeholders, who in turn could override his veto by a 2/3-vote, whereupon the ordinance becomes law in 10 days without the executive's signature. The County Executive will appoint a Chief Administrator and any other officers or employees authorized by the Board of Freeholders. He also appoints the heads of all county boards and commissions. The appointment of the Chief Administrator and Heads of Boards and Agencies is with the advice and consent of the Board. The Board of Freeholders may appoint a clerk to the Board and the County Counsel who heads the County's legal department. (This plan is similar to the municipal "strong mayor.")

2. COUNTY MANAGER PLAN. Under this plan the Freeholders appoint a professional administrator (called County Manager) responsible for administration and operation of the county, while the Freeholders retain responsibility for policy and direction. The executive power is exercised by the County Manager. He appoints a deputy manager, heads of all county departments and other administrative officers. The Board of Freeholders may appoint a clerk to the Board and the County Counsel who heads the County's legal department. (This plan is similar to the municipal "council manager.")


3. COUNTY SUPERVISOR PLAN. Under this plan there is a County Supervisor elected as well as the Board of Freeholders. The County Supervisor presides over Board meetings, with the right to vote in cases of ties. During his absence the Board designates one of their members to serve as Chairman pro tempre of the Board. The County Supervisor exercises the executive power of the county, may veto Board actions, who in turn can override his veto by a 2/3-vote, whereupon the ordinance becomes law without the Supervisor's signature. The County Supervisor appoints the heads of all county boards and commissions and other officials with the advice and consent of the Board. The Board appoints a Chief Administrator, who is supervised by the County Supervisor. The Board also may appoint a clerk to the Board and the County Counsel who shall head the County's legal department. (This plan is similar to the municipal "weak mayor.")


4. BOARD PRESIDENT PLAN. The Board President shall be elected from among the members of the Board. The executive powers of the county are exercised by the Board President. He presides over Board meetings, with the right to vote on all questions. With the advice and consent of the board, he appoints all members of independent or advisory boards and commissions and all other officials not serving in the administrative service of the county. The Board appoints the Chief Administrator, who in turn appoints the heads of all county departments and all other administrative officers and employees. (This plan is similar to the municipal "city commission.")


5. BOARD OF CHOSEN FREEHOLDERS. The fifth option open to the voters of the county under this new law is that of retaining their present form of county government. All of the options mentioned provide clear-cut division of the executive and legislative functions of government, and Freeholders may deal only with county employees through the officials responsible for the overall executive management of the county's affairs. As with the State, the executive formulates and proposes a budget and the Board legislates it into existence. The State Constitution does not provide for counties in New Jersey. Counties are created by the Legislature and exist at their pleasure. Article 2 of the Optional County Charter Law provides for Incorporation and defines the powers of the county. The law reads: "The inhabitants of any county shall within the boundaries of that County be and remain a body corporate and politic, with perpetual succession." County powers of a general nature are as follows:

1. Organize and regulate its internal affairs; create, alter and abolish officers, positions and employments and define the functions, powers and duties thereof; establish qualifications for persons holding offices, positions and employments; and provide for the manner of their appointment and removal and for their term, tenure and compensation.
2. Adopt, amend, enforce and repeal ordinances and resolutions.
3. Construct, acquire, operate or maintain public improvements, projects or enterprises for any public purpose, subject to such referendum as may otherwise be imposed by law.
4. Exercise powers of eminent domain, borrowing and taxation only as provided by general state law.
5. Exercise all powers of county government in such manner as its Board of Freeholders may determine.
6. Sue and be sued; have a corporate seal; contract and be contracted with: buy, sell, lease hold and dispose of real and personal property; appropriate and expend moneys for county purposes.
7. Nothing in this act shall be construed to impair or diminish or infringe on the powers and duties of municipalities and other units of government under the general law of this state. It is the intent of this act only to permit municipalities and other units of government to employ services and facilities of the county for more effective, efficient, and adequate provision of its services if and when such units deem it desirable to do so. Municipalities are and shall remain the broad repository of local police power in terms of the right and power to legislate for the general health, safety and welfare of their residents. Based on the need to develop effective services to meet problems which cross municipal boundaries and which cannot be met effectively on an individual basis by the municipalities, the State or other units of government, this act shall be construed as intending to give the county power to establish innovative programs and to perform such REGIONAL services as any unit that has the legal right to perform for itself may determine, in its own best interest, to have the county perform on a contractual basis.