[Amended 6-26-1996]
A.
Department of Finance. The Department of Finance shall
commence operations on the first Monday of December following the
regular municipal election for the year 1979 and shall be responsible
for the keeping of accounts and financial records, the assessment
and collection of taxes, special assessments and other revenues, the
custody and disbursement of City funds and money, the control over
expenditures and such other powers and duties as may be required by
ordinance or resolution of the City Council. Accounts shall be kept
by the Department of Finance showing the financial transactions of
all departments and agencies of the City. Forms for such accounts
shall be prescribed by the Director of Finance. Monthly or more frequent
financial reports shall be prepared for and submitted to the City
Council or department or division heads as may be required by the
City Council.
[Amended 11-7-2006]
B.
Director. A Director of Finance shall be appointed
by the City Manager subject to approval by the City Council to serve
at the pleasure of the City Council. The Director of Finance shall
be responsible for the operation and supervision of the Department
of Finance and shall be under the direction, control and supervision
of the City Manager.
C.
Purchasing and bidding procedures.
(1)
All supplies, materials, equipment, goods and other
commodities, except as otherwise provided in this chapter, shall be
purchased by such employees of the City as may be designated to do
so by the City Manager from time to time and in accordance with such
rules and procedures as may be adopted by the City Council after public
hearing. Services shall be purchased by such method as shall be deemed
appropriate by such employees, subject to approval by the City Manager
and Finance Director or in accordance with such procedures as required
by ordinance enacted by the City Council.
(2)
If any purchase or contract, or supplies, material, equipment, goods, or other commodities, including a continuing order or contract for the purchase of the same commodity over a period of time, involves an expenditure in excess of the minimum amount established by the City Council in accordance with the provisions of this section, written contracts shall be required therefor, which contacts shall be awarded on sealed bids or requests for written proposals. Notice of the solicitation of such bids or proposals shall be published in a newspaper of general circulation in the City at least 10 days prior to the date for submission of such bids or proposals. All such bids or proposals shall be publicly opened at the time set forth in such notice. All such contracts shall be awarded to the lowest responsible person; provided, however, if it is deemed by the City Manager to be in the best interest of the City to reject all such bids or proposals, or to otherwise award such contract, such contract shall be awarded in conformity with Subsection (3) hereof. Each such bid or proposal as described in this section shall be accompanied by a certified check or equivalent payable to the order of the City of Meriden in an amount as may be determined appropriate, or said requirement may be waived in the discretion of the City Manager. Within three days after the opening of such bids or proposals, such checks shall be returned to all persons not awarded said contract. If the person whom said contract is awarded shall execute said contract in accordance with this section, then said check shall be returned, otherwise, it shall be forfeited to and retained by the City.
(3)
Upon the recommendation of the employee(s) designated to make purchases, the requirements of Subsection (2) hereof may be waived upon the written concurrence of the City Manager, the Director of Finance and the department head or the chief administrative employee of the agency, commission or entity requesting any such purchase. Said waiver shall be signed prior to the award of any such contract and shall set forth the procedure to be followed in the awarding of such contract. Upon execution, such waiver shall be filed with the Clerk of the City Council, or such other person as the City Council may designate, and the same shall be available for public inspection.
(4)
If the person to whom any contract is awarded in accordance
with this section shall neglect or refuse to accept said contract
within five business days after a notice that the contract has been
awarded, or if said person fails to execute the contract or give security
for the faithful performance thereof as required, said contract may
be awarded to the next lowest responsible person upon the written
approval of the City Manager.
(5)
No such contract shall be awarded to any person who
is in arrears upon any debt, contract or obligation to the City. Three
copies of every such contract shall be executed, and one such copy
shall be kept on file in the office of the City Clerk and be available
for public inspection.
(6)
All contracts not awarded in conformity with this
section shall be void and the City shall have no obligation thereunder.
The requirements of this section shall be incorporated into each such
contract by reference hereto.
The Director of Finance shall require each department,
office or agency of the City supported wholly or in part by City funds
or for which a specific City appropriation is made, including the
Board of Education, to set forth, on such forms as the Director of
Finance may prescribe, a program or programs showing services, activities
and work accomplished during the current year and to be accomplished
during the ensuing year.
The Director of Finance, under the supervision and direction of the City Manager, shall compile preliminary estimates for the annual budget. The head of each department, office or agency of the City as described in § C8-2 of this chapter, including the Board of Education, shall, at least 180 days before the end of the fiscal year, file with the Director of Finance, on forms prescribed and provided by him/her, a detailed estimate of the expenditures to be made by his/her department, office or agency and the revenue, other than tax revenues, to be collected thereby in the ensuing fiscal year and such other information as may be required by the City Council, the City Manager or the Director of Finance.
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At least 180 days prior to the end of the fiscal year the Director of Finance must submit all necessary budget data to the City Manager. Not later than 120 days from the end of the fiscal year the City Manager, after having obtained the necessary data from the Director of Finance, shall present to the City Council a budget consisting of: (a) a budget message outlining the financial policy of the City government and describing in connection therewith the important features of the budget plan, indicating any major changes from the current year in financial policies, expenditures and revenues together with the reasons for such changes and containing a clear general summary of its contents; (b) estimates of revenue, presenting in parallel columns the itemized receipts collected in the last completed fiscal year, the receipts collected during the current fiscal year, estimates of the receipts, other than from the property tax, to be collected in the ensuing fiscal year and an estimate of available surplus; (c) itemized line estimates of expenditures, presenting in parallel columns the actual line item expenditures for each department, office, agency or activity for the last completed fiscal year prior to the time of preparing the estimates, total expenditures as estimated for the current fiscal year and the City Manager's recommendations of the amounts to be appropriated for the ensuing fiscal year for all items and such other information as may be required by the City Council. The City Manager shall present reasons for his/her recommendations. The Board of Education shall have the same duties and follow the same form and procedure with respect to the budget of the Board of Education as is required of the Director of Finance in § C8-2 of this chapter for other departmental estimates. As part of the budget the City Manager shall present a program, previously considered and acted upon by the City Planning Commission in accordance with § 8-24 of the General Statutes, as amended, concerning municipal improvements or proposed capital projects for the ensuing fiscal year and for the five years thereafter. Estimates of the costs of such projects shall be submitted by each department, office or agency annually in the form and manner prescribed by the Director of Finance. The City Manager shall recommend to the City Council those projects to be undertaken during the ensuing fiscal year and the method of financing the same.
[Amended 11-3-1987] |
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The Director of Finance shall be the Fiscal
Clerk of the City Council and shall keep a true and complete record
of all its fiscal doings. The City Council may call for all information,
including books and papers, in the possession of any board, commission,
committee or officer of said City, and such officers and all members
of said boards, commissions and committees shall appear before the
City Council in person when summoned and furnish all facts and data,
in written or printed form or otherwise, concerning their several
departments. The City Council shall have power to levy taxes on the
estates within the limits of said City, and such taxes shall be laid
upon the grand list as decided upon by the Assessor.
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If special appropriations in excess of those
provided in the final adopted City budget shall be required for any
purpose, an estimate of the same shall be required by the City Council,
and the City Council shall have authority to make any such appropriations
and to lay a special tax to meet the same, and the City Council may
appropriate during the year, at any regular or special meeting which
it may hold, sums not exceeding in the whole 1 1/2% of the general
fund budget as established for the current year, without laying a
special tax therefor. Any special tax so laid shall be laid upon the
grand list of the City which shall have been made next before the
laying of such tax.
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The City Council shall have all the powers, rights, duties and obligations as set forth in § C8-5 herein.
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Upon receipt of the proposed budget from the
City Manager, the City Council shall hold one or more public hearings
not later than 75 days before the end of the fiscal year at which
any elector or taxpayer may have an opportunity to be heard regarding
appropriations for the ensuing fiscal year. Following receipt of the
estimates of the City Manager, the City Council shall cause sufficient
copies of said estimates, together with any changes or modifications
proposed by the City Council or a committee thereof, to be made available
for general distribution in the office of the City Clerk, and at least
five days prior to the aforementioned public hearing, the City Council
shall cause to be published in a newspaper having a circulation in
the City a notice of such public hearing. Within 20 days after holding
the final such public hearing, the City Council shall adopt the budget
proposed by the City Manager or make such changes in the line item
estimates of expenditures as it may deem advisable and adopt said
proposed budget with the changes, if any, as the final adopted City
budget by majority vote.
[Amended 11-3-1987] |
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The Mayor shall have a veto power over the final
adopted budget on a line item basis only. He/she, in exercising said
veto, shall transmit his or her veto message, setting forth the reason(s)
for said veto and specifying a recommended funding level for said
line item, to the City Council within five days of the adoption of
the City budget by the City Council. The City Council shall meet to
consider said veto prior to fixing the tax rate in mills as provided
for in this Charter. At such time, the City Council may override any
line item veto by a two-thirds vote of the entire membership, or may
also increase or decrease any line item so vetoed, by a two-thirds
vote of the entire membership. The Mayor shall not have the power
to veto any such subsequent City Council action. If the City Council
fails to override said veto or to increase or decrease any line item
so vetoed, the funding level(s) specified in said veto shall be the
approved funding for said line item for the final adopted budget.
[Amended 11-3-1992; 6-26-1996] |
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For the purpose of Chapters 108 and 111 of the
General Statutes, as amended, the City Council shall be deemed to
be the budget-making authority and the legislative body of the City.
[Amended 11-8-1988] |
[1]
Editor's Note: Former § C8-5a, pertaining
to the Board of Apportionment and Taxation, was repealed 11-3-1987.
[Amended 11-3-1992; 6-26-1996]
A referendum on the adopted budget must be held
when there shall be filed with the City Clerk, within 30 days of the
date of adoption of the final approved budget by the City Council,
a petition signed by qualified electors in number equal to 10% or
more of the total number of electors of the City as determined by
the last effective list of the Registrars of Voters, which petition
shall be filed with the City Clerk who shall within 10 days determine
whether or not the petition contains a sufficient number of valid
signatures and, if it does, shall so certify to the Council. The City
budget shall not then take effect until the Council has submitted
it to a referendum, which shall be held not less than 20 nor more
than 30 days after the filing of such petition with the City Clerk.
The budget shall be null and void in the event that electors equal
to 50%, plus one, of the total number of votes actually cast in the
last regular election for municipal offices vote to reject the budget.
Otherwise it shall take effect immediately following the referendum.
In the event that the budget should be defeated
at the referendum, the interim spending until the adoption of a new
municipal budget shall continue at the same level as the previous
budget.
In the event that the budget is defeated at
referendum, the City Council shall, after public hearing, adopt a
new budget within 30 days of the date of the referendum.
There shall be only one referendum permitted
hereunder for any one fiscal year's budget.
[Amended 11-3-1987]
Upon approval of the final adopted budget, the
City Council shall fix within 10 days the tax rate in mills which
shall be levied on the taxable property in the City for the ensuing
fiscal year. Said tax rate shall be set so as to ensure that the tax
moneys to be raised shall be equal to the amount of the expenditures
provided for in the adopted budget.
The City of Meriden, for the purpose of taxation,
shall continue to be divided into two districts, First and Second,
as they exist on the effective date of this Charter; provided, however,
that the City Council, by a two-thirds vote of the entire membership
of the City Council after public hearing, shall have the power to
create, eliminate, change or otherwise modify any taxation district,
except that at all times the First District shall be a general taxation
district covering the City as a whole.
The City Council using the last completed grand
list shall annually apportion such tax between the First District
and the various additional taxation districts which the Council may
have created, designating those items in the approved budget which
shall be apportioned against the First District and those items in
the approved budget which shall be apportioned against any other tax
district only. Upon such apportionment, said City Council shall levy
the general City tax and the special district tax or taxes hereinbefore
provided for and prepare and sign proper rate bills therefor. The
City Council shall, annually, include in its estimates a sum sufficient
to pay the interest on any bonds which may be issued by said City
of Meriden to fund the City debt and may make provisions for the payment
of such bonds. The taxes laid annually and any special tax shall be
laid upon the lists of said City last completed. Whenever the rate
of tax shall be determined as herein provided it shall be final for
the tax and the annual special district tax or taxes laid by the City
Council of said City shall be paid semiannually or in such installments
as the Council may order by a two-thirds vote of its entire membership.
During the fiscal year the City Manager shall
review the administration of the budget and the financial operation
of the City and make its [his/her] reports and recommendations at
least quarterly or more often to the City Council or to the appropriate
officer, board, commission or department.
The books of all public officials and City departments
shall be audited annually by a certified public accountant or by certified
public accountants to be selected by the City Council.
Line item changes in the adopted budget may
be recommended by the City Manager and must be approved by the City
Council.
It shall be the duty of the Tax Collector to
mail to each taxpayer a tax bill prepared in accordance with the provisions
of §§ 12-130 and 12-131 of the General Statutes, as
amended, with such additional duties as may be prescribed by ordinance
or regulation of the City Council.
Except as specifically provided in this chapter,
the assessment of property for taxation and the collection of taxes
shall be carried on as provided in the Connecticut General Statutes.
(a)
No purchase shall be made by any department, board,
commission or officer of the City, other than the Board of Education
and the municipal library as provided in Chapter VIII, § C8-1C
of this Charter, except through the Purchasing Agent. The Director
of Finance shall record the amount of authorized purchases and contracts
for future purchases as encumbrances against the appropriation from
which they are to be paid.
[Amended 11-7-2006]
(b)
No voucher, claim or charge against the City shall
be paid until the same has been audited by the Director of Finance
or his/her agent and approved by him/her for correctness and validity.
Payment of all approved claims shall be authorized by the Director
of Finance, which authorization shall be valid.
(c)
The Director of Finance shall prescribe the time at
which and the manner in which persons receiving money on account of
the City shall pay the same to the City.
(d)
The several departments, commissions, officers and
boards of the City shall not involve the City in any obligation to
spend money for any purpose in excess of the amount appropriated therefor
until the matter has been approved by the City Council, and each order
drawn upon the City shall state the department, commission, board
or officer and the appropriation against which it is to be charged.
(e)
Appropriation for construction or for other permanent
improvements, from whatever source derived, shall not lapse until
the purpose for which the appropriation was made shall have been accomplished
or abandoned, provided that any such project shall be deemed to have
been abandoned if three fiscal years shall elapse without any expenditure
from or encumbrance of the appropriation therefor. Any portion of
an annual appropriation remaining unexpended and unencumbered at the
close of the budget year shall lapse.
(f)
Every payment made in violation of the provisions
of this Charter shall be deemed illegal, and every official authorizing
or making such payment or taking part therein and every person receiving
such payment of any part thereof shall be jointly and severally liable
to the City for the full amount as paid or received. If any officer
or employee of the City shall knowingly incur any obligation or shall
authorize to make any expenditure in violation of the provisions of
this Charter or take any part therein, such action shall be cause
for his/her removal.
[Amended 11-8-1988]
The fiscal year of the City shall begin on July
1. The City Council shall have the power to change the fiscal year
and tax collection dates of the City, after public hearing, by an
affirmative vote of 2/3 of its full membership.
The City shall have the power to incur indebtedness
by issuing its bonds or notes as provided by the General Statutes
of the State of Connecticut, as the same may be from time to time
amended, and subject to the limitations thereof and of this Charter.
The issuance of all municipal bonds and notes shall be authorized
by resolution of the City Council.
The City Council or such officials as it shall
designate shall determine the rate of interest of such bonds and notes
and shall determine the amount of each issue of bonds or notes, their
form, their date, the dates of principal and interest payments, the
manner of issuing such bonds or notes and by whom such bonds and notes
shall be signed or countersigned and all other particulars thereof.
All books, accounts, bills, invoices, contracts
or documents relating to the business of the City shall, at all reasonable
times during regular office hours, be open to the inspection of any
registered elector or group of electors of the City of Meriden.
All books, papers and records of every office,
department, board or commission shall be City property and shall be
kept by the proper officer or employee and shall be delivered to his/her
successor in office, who shall give duplicate receipts therefor, one
of which shall be filed with the City Clerk. Certified copies or extracts
from the books, records and files shall be given by the officer, board
or commission or employee having the same in custody to any person
demanding and paying for such copies or extracts, but the records
of the Police Department shall not be subject to inspection or copy
without permission of the City Manager.
All equipment, collections, models, materials,
instruments, tools and implements which are collected, maintained,
used or kept by the City or by any department, board or commission
shall be City property and shall be turned over by the custodian thereof
to his/her successor or accounted for. All persons holding office
or employment under the City, whether elective or appointive, shall
be required to engage in the actual work of his/her office or employment,
and failure so to do shall be ground for removal.
[Amended 11-3-1992]
A Tax Collector and a Tax Assessor or one person
holding both positions as Tax Assessor and Collector shall be appointed
by the City Manager to serve at the pleasure of the City Manager.
The Tax Collector and Tax Assessor shall have the powers and duties
imposed by law on such officers and shall have such other powers and
duties as the City Council may prescribe.
Upon the recommendation of the City Manager,
the City Council shall appoint a City Treasurer to serve at the pleasure
of the City Manager, and such Treasurer shall have and exercise all
of the powers and duties prescribed for municipal treasurers by state
statute.
The City Manager shall serve as the Assistant
City Treasurer and shall have all of the powers and duties of the
City Treasurer in the event of the death, disability, absence or other
temporary vacancy in the office of City Treasurer.
[Added 11-7-2006]
A.
A referendum on a project voted upon and approved
by the City Council that costs $10,000,000 or more of City funds,
adjusted annually by the cost of living adjustment as determined by
the most current Consumer Price Index, must be held when there shall
be filed with the City Clerk, within 60 days of the date of adoption
of the project by the City Council, a petition signed by qualified
electors in number equal to 10% or more of the total number of electors
of the City as determined by the last effective list of the Registrar
of Voters, which petition shall be filed with the City Clerk who shall
within 10 days determine whether or not the petition contains a sufficient
number of valid signatures and, if it does, shall so certify to the
City Council.
B.
The project shall not proceed until the City Council
has submitted it to a referendum, which shall be held on the next
regular November election ballot.
C.
The City Council approval of the project remains in
place if 1) in a regular November election, fewer than 80% of people
voting cast a vote on the referendum issue; or 2) 50% of the voters
vote in favor of the project. In a regular November election, the
project is defeated in the event that the voters equal to 50% plus
one of the total number of votes cast on the referendum issue vote
to reject the project, provided, however, that 80% of people voting
cast a vote on the referendum issue.
D.
In the event of exigent circumstances as determined
by the City Manager, the City Council, at its discretion, may call
a special election to submit the project to a referendum. In a special
election, the project shall be defeated in the event that electors
equal to 50% plus one of the total number of votes actually cast in
the last regular election for municipal offices vote to reject the
project, provided, however, that no referendum shall be held during
the periods commencing 30 days prior to and ending the day before
a municipal or state election, and commencing the day after and ending
15 days after such election.
E.
Nothing in this section prohibits the City Council
from voting upon and approving a project previously defeated in a
referendum, provided the requirements of this section are met.
F.
A project costing
$10,000,000 or more of City funds is exempt from the requirements
of this section if:
1.
It is determined by the City Manager that an emergency
exists requiring exemption from the requirements of this section,
the City Council votes to accept the City Manager's determination
of an emergency by a two-thirds vote of the entire membership of the
City Council, and the project is voted upon and approved by a two-thirds
vote of the entire membership of the City Council; or
2.
The project is subject to review by the School Building
Committee, or an equivalent committee; or
3.
The project is mandated by the federal or state government,
agencies, laws and/or regulations; or
4.
The project is for flood control purposes; or
5.
The expenditure is regarding insurance settlements
and/or the settlement of a lawsuit; or
6.
The project originates from and is paid for from enterprise
funds, or an equivalent account.
