[1]
Editor's Note: This local law was approved at referendum 11-4-1969.
The fiscal year of the County shall begin on the first day of
January and end on the 31st day of December in each year.
The County Executive shall be the chief budget officer of Suffolk County, whose powers with respect to the filling of positions of employment contained in the Adopted County Operating Budget, in those departments headed by a Countywide elected official, other than in the Office of County Executive, shall be ministerial in nature, anything in Article IV or other relevant section of the Suffolk County Administrative Code or state law to the contrary notwithstanding.
A Division of the Budget is hereby established in the office
of the County Executive. This Division shall be headed by a Director
of the Budget, appointed by the County Executive, to serve at the
pleasure of the County Executive. The consent of the County Legislature
to the appointment of a Budget Director shall not be required.
In addition to the duties and functions assigned to the Budget
Director in this Charter or by local law, the Budget Director shall
perform such duties and functions as the County Executive may direct.
[Amended 5-19-1998 by L.L. No. 17-1998]
A.
The head of each County department shall submit to the County Executive,
on forms prescribed by the County Executive, in each fiscal year,
departmental estimates of revenues and operating expenses in the ensuing
fiscal years; departmental capital requests, if any, for capital funds
in the ensuing fiscal years; and departmental proposals, if any, for
capital improvements in the ensuing three-year period or for such
longer period as may be prescribed by the County Executive. Once adopted,
departmental estimates of revenues and operating expenses for the
year shall only be amended or adjusted by a department if the Legislative
Budget Review Office and the County Executive's Budget Office both
agree in writing as to that change.
B.
The Suffolk County Legislative Budget Review Office and the County
Executive's Budget Office shall:
(1)
Meet on a quarterly basis beginning in September 1998 to review year-to-date
expenditures;
(2)
Project current expenditure trends against adopted expenditure and
review forecasts included in the operating budget; and
(3)
Develop consensus revenue and expenditure forecasts for the next
eight quarters based upon the most current economic and financial
data.
C.
These consensus forecasts shall include but not be limited to:
(1)
Revenues: real property tax collections, property tax delinquencies,
sales tax revenues, state and federal aid; and
(2)
Expenditures: payroll expenditures on a departmental basis, including
overtime, holiday, terminal, vacation and sick leave payment; health
insurance; insurance liability; supplies and materials; heat, light
and power; social services program expenses; and health programmatic
expenses.
D.
Consensus forecasts for these expenditures and revenue categories
shall be updated against the eight-quarter budget model to be jointly
developed by the two offices, and significant (more than 5% or $1,000,000,
whichever is less) deviations are to be reported in writing to both
the Executive and to each member of the County Legislature.
E.
The budget model shall include a linkage between the capital and
operating budgets to reflect the operating budget impact associated
with implementing the proposed and/or adopted capital budget and program.
[Amended 3-9-1971 by L.L. No. 11-1971; 12-28-1971 by L.L. No.
2-1972; 11-28-1972 by L.L. No. 22-1972]
A.
On or before the third Friday of September in each year, the County
Executive shall submit to the County Legislature a proposed budget,
consisting of a proposed expense budget and proposed capital budget
for the ensuing year. The expense budget shall consist of two separate
documents, as follows:
[Amended 2-25-1986 by L.L. No. 14-1986; 11-23-1994 by L.L. No.
29-1995[1]; 5-19-1998 by L.L. No. 17-1998]
(1)
A budget document outlining and identifying all of the expenditures
or outlays by the County of Suffolk for goods, programs or services
that are statutorily required by the state or federal government,
or for the repayment of all debt principal and interest thereon (mandated
portion).
(2)
A budget document outlining and identifying all of the goods, programs
and services to be provided by the County of Suffolk that are not
statutorily required by the state or federal government (nonmandated
portion also known as "expense budget").
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 11-18-1994. It was approved
at referendum 11-7-1995.
B.
The proposed expense budget for any fiscal year shall not exceed
the adopted and approved expense budget for the prior fiscal year
by more than 4% or the amount of the increase in the gross national
product price deflator, whichever is greater, measured by the Bureau
of Labor Statistics for the period of the fiscal year preceding the
year in which the initial public hearings on the proposed County budget
are held, as calculated against the adopted and approved expense budget
for the prior fiscal year. For the purposes of this subsection, "expense
budget" shall include all expenditures and all revenues except outlays
of federal and state grants or aid, receipts of federal or state grants
or aid, outlays by the County of Suffolk for goods or services statutorily
required by the state or federal government and outlays used for repayment
of all debt principal. The expense budget for the Community College
shall be treated as a separate budget for the purposes of compliance
with the provisions of this subsection. The amount of real property
tax revenues and non-real-property-tax revenues attributable to the
Community College budget shall continue to be the ratio between the
two sources of revenue as shall have applied to the expense budget
adopted and approved for the prior fiscal year. The proposed expense
budget for any fiscal year shall also be submitted by the Executive
to the County Legislature in such a form as to require the Suffolk
County General Fund and Police District Fund or any captive service
fund (nursing, self-insurance and interdepartment operation and service),
or net tax levy, calculated together, exclusive of the amount necessary
to be raised by tax on real estate to provide for the interest on
and principal of all indebtedness in the Suffolk County General Fund
and Police District Fund or any captive service fund (nursing, self-insurance
and interdepartment operation and service), not to exceed the combined
Suffolk County General Fund and Police District Fund or any captive
service fund (nursing, self-insurance and interdepartment operation
and service) or net tax levy for the prior fiscal year, exclusive
of the amount necessary to be raised by tax on real estate to provide
for the interest on and principal of all indebtedness in the Suffolk
County General Fund and Police District Fund or any captive service
fund (nursing, self-insurance and interdepartment operation and service)
by more than 4% or the amount of the increase in the gross national
product (GNP) price deflator, whichever is greater, measured by the
Bureau of Labor Statistics for the period of the fiscal year immediately
preceding the year in which the initial public hearings on the proposed
County expense budget are held.
[2]
Editor's Note: This local law was approved at referendum 11-7-1989
and took effect the first day of the first fiscal year thereafter.
[3]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 11-18-1994. It was approved
at referendum 11-7-1995.
C.
At the same time that the County Executive submits his proposed operating
budget, he shall also submit a written statement demonstrating the
impact the proposal will have on:
[Added 5-9-1989 by L.L. No. 13-1989; amended 11-23-1994 by L.L. No.
29-1995[4]; 9-19-2006 by L.L. No. 48-2006]
(1)
The General Fund;
(2)
Other County funds;
(3)
The full value tax rate; and
(4)
The average tax bill for the County taxpayer.
[4]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 11-18-1994. It was approved
at referendum 11-7-1995.
E.
"Outlays for goods or services statutorily required by the state
or federal government" shall not mean the cost to deliver statutorily
required goods or services if the pertinent state or federal statute
does not mandate a specific level, quantity or degree of goods or
services to be provided by the County of Suffolk. Increases in expenditures
required by the Governmental Accounting Standards Board through its
generally accepted accounting principles for governmental units shall
be deemed outlays by the County of Suffolk for goods or services statutorily
required by the state or federal government. The budgetary impact
of such increases in expenditures required by the Governmental Accounting
Standards Board shall be verified by the certified independent auditors
of the County of Suffolk on an annual basis.
[6]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 11-18-1994. It was approved
at referendum 11-7-1995.
F.
The proposed expense budget for any fiscal year shall include a detailed
statement as to each line, item, program, expenditure, revenue, appropriation,
existing or proposed positions of employment, object or sub-object
requested for the executive portion of the expense budget, together
with a statement of justification for all lines, items, programs,
expenditures, revenues, appropriations, existing or proposed positions
of employment, objects or sub-objects requested for said office, including,
but not limited to, factors such as legal mandates for appropriations,
revenue production and cost-benefit analysis.
[7]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 11-18-1994. It was approved
at referendum 11-7-1995.
G.
The proposed expense budget for any fiscal year shall include a comparison
of the proposed expense budget with the adopted prior fiscal year
budget for the five highest populated counties in the State of New
York regarding:
[Added 1-23-1996 by L.L. No. 7-1996]
(1)
Total program cost.
(2)
Cost over the past five years.
(3)
Per-capita cost.
(4)
Percent annual change over the last five years.
(5)
Revenue composition of the 25 largest (by dollar amount) programs
in the County and the source of funding for those programs (i.e.,
state or federal revenues, property tax, sales tax, fees, charges
or other form of tax).
H.
Within two weeks after the submission of the County Executive's proposed
operating budget, the County Executive shall submit a budgetary forecast
of cost to continue expenditures of initiatives included in the operating
budget as well as the budgetary impact of nonrecurring or special
revenues projected in the proposed budget for the following year.
[Added 5-19-1998 by L.L. No. 17-1998; amended 8-16-1999 by L.L. No.
36-1999; 11-17-2009 by L.L. No. 39-2009]
I.
The Suffolk County Legislative Budget Review Office and the County
Executive's Budget Office are hereby directed to undertake the development
of a multiyear operating budget model in 1998. The results of such
model shall be included in the County Executive's proposed 1999 operating
budget with the first quarterly consensus forecast to be presented
to the Legislature on July 1, 1999.
[Added 5-19-1998 by L.L. No. 17-1998]
J.
The proposed expense budget for any fiscal year shall include in the budget document required by Subsection A(2) of this section special payments to the following municipalities: the Towns of Riverhead, Southampton, Shelter Island, Southold and East Hampton and the Villages of Amityville, Ocean Beach, Saltaire, Head of Harbor, Nissequogue, Asharoken, Huntington Bay, Lloyd Harbor, Northport, Westhampton Beach, Quogue, Sag Harbor, Southampton, North Haven and East Hampton, for public safety purposes from the County's general 1/8 of 1% public safety sales and compensating use tax revenues for as long as such 1/8 of 1% sales and compensating use tax revenue component, or any successor component thereto, is in effect in Suffolk County. The special payments shall be based on the respective shares (measured as a percentage) that each municipality bears to all others in the adopted 1997 County operating budget and shall be adjusted upward or downward for years subsequent to fiscal year 1997 by taking into account any increases or decreases each year in the sales and compensating use tax revenues generated by the 1/8 of 1% sales and compensating use tax revenue component.
[Added 6-2-1998 by L.L. No. 18-1998]
K.
The proposed expense budget for any fiscal year shall include, as
an appendix, a listing of all positions of employment that are funded
with revenues generated by the Water Quality Protection and Restoration
Program and Land Stewardship Initiatives, pursuant to § C12-2B
of the Suffolk County Charter. Such listing shall describe the duties
of each position of employment so funded and the percentage of each
such employee's work schedule that will be dedicated to duly approved
water quality protection and restoration projects and land stewardship
initiatives. All federal and state aid reimbursements received by
the County for these positions during the fiscal year shall be deposited
in the Suffolk County Environmental Program Trust Fund to be used
for water quality protection and restoration program and land stewardship
initiatives.
[Added 5-13-2008 by L.L. No. 17-2008; amended 12-2-2014 by L.L. No.
7-2015]
L.
(Reserved)[8]
[8]
Editor's Note: Former Subsection L, added 7-29-2014 by L.L. No.
31-2014, which required an interfund transfer from
the County's general fund to the Suffolk County Sewer Assessment Stabilization
Fund, was repealed 7-21-2020 by L.L. No. 50-2020. Local Law No. 50-2020
was approved at referendum 11-3-2020.
M.
(Reserved)[9]
[9]
Editor's Note: Former Subsection M, added 7-29-2014 by L.L. No.
31-2014, which required the confirmation of the
outstanding balance of the Sewer Assessment Stabilization Fund as
part of the consensus forecast, was repealed 7-21-2020 by L.L. No. 50-2020. Local Law No. 50-2020 was approved at referendum 11-3-2020.
N.
The County Executive shall include in the proposed 2019 expense budget
and all subsequent proposed expense budgets, except for the proposed
2020 expense budget, a transfer to the Suffolk County Fair Elections
Matching Fund. The amount provided in the proposed budget will come
from the County's share of revenue from the Suffolk County Regional
Off-Track Betting Video Lottery Terminal Program and shall be in an
amount of $1,000,000 or 15% of the County's annual share of such revenue,
whichever amount is greater, with annual contributions not to exceed
$2.5 million in total. In the County Executive's proposed 2020 expense
budget, the County Executive shall include a transfer of $1,000,000
from the County's share of revenue from the Suffolk County Regional
Off-Track Betting Video Lottery Terminal Program to the Suffolk County
Fair Elections Matching Fund.
[Added 12-19-2017 by L.L.
No. 8-2018; amended 12-17-2019 by L.L. No. 8-2020]
The County Executive shall submit with the proposed County budget
a general explanation of his proposed expense budget and capital budget.
The message shall indicate the status of each capital project listed
in the capital program and in what respect, if any, he proposes to
modify each project. It shall also state the County bonded indebtedness
and other debt and the probable impact of each capital project in
the proposed capital budget on physical, economic and social environments.
[Amended 3-26-1990 by L.L. No. 17-1990]
A.
The County Executive shall submit to the County Legislature, with
his proposed County budget, a proposed appropriation resolution containing
the information, except for descriptive data, required to be included
in the proposed budget and conforming to the requirements of state
and charter law for the enactment of local legislation.
B.
The County Executive shall submit to the County Legislature budget
position control reports simultaneously with the submission of his
proposed expense budget, which contain a clear identification symbol
set forth next to each position of employment identifying whether
or not said position of employment is:
[Amended 11-28-1972 by L.L. No. 22-1972; 2-25-1986 by L.L. No.
14-1986; 12-18-1990 by L.L. No. 9-1991]
A.
The County Legislature shall hold at least two public hearings on the proposed County budget not later than the 31st day of October in each year or the 42nd day after the County Executive has actually submitted the proposed budget required by § C4-6 to the County Legislature, whichever is later. The County Legislature shall have available for the public in advance of the hearings a reasonable number of copies of the tentative budget.
B.
The County Executive shall hold two public hearings on the proposed County operating budget during the month of August of each year prior to submission of said proposed operating budget to the County Legislature, as required by § C4-6 of this article. One such public hearing shall be held during the day, and one such public hearing shall be held at night. One such public hearing shall be held in the western portion of Suffolk County (Town of Babylon, Brookhaven, Huntington, Islip or Smithtown), and one such public hearing shall be held in the eastern portion of the County (Town of East Hampton, Riverhead, Shelter Island, Southampton or Southold). One such public hearing shall be held during the first 15 days of August, and one such public hearing shall be held during the last 16 days of August of each year. Such public hearings shall be held whether or not the County Executive has completed preparation of the proposed County operating budget in time for such public hearings, anything in any other law, resolution, rule, regulation or ordinance to the contrary notwithstanding.
[Amended 11-28-1972 by L.L. No. 22-1972; 6-28-1983 by L.L. No.
21-1983; 2-25-1986 by L.L. No. 14-1986; 5-9-1989 by L.L. No.
13-1989; 3-28-1989 by L.L. No. 16-1989; 5-23-1989 by L.L. No.
38-1989;[1] 11-23-1994 by L.L. No. 29-1995[2]]
A.
Not less than 10 days after public hearings required by § C4-9 and not later than the 10th day of November or the 52nd day after the County Executive has actually submitted the proposed budget required by § C4-6 to the County Legislature, whichever is later, the County Legislature shall adopt the proposed County budget consisting of an expense budget by voting to approve a separate mandated portion and a separate nonmandated portion, with or without amendment. If the County Legislature does not adopt a County budget on or before the 10th day of November or the 52nd day after the County Executive has actually submitted the proposed budget required by § C4-6 to the County Legislature, whichever is later, the proposed County budget shall be deemed adopted as submitted. The Suffolk County Legislative Budget Review Office shall prepare budgetary and financial forecasts of cost to continue expenditures and revenues for major omnibus-type budget amending resolutions for the following year.
[Amended 5-19-1998 by L.L. No. 17-1998]
B.
The County Legislature may amend the proposed County budget by submitting
a budget amendment resolution which will add or increase an item of
appropriation or strike or reduce an item of appropriation except
for appropriations for debt service and any other appropriations required
by law.
[Amended 5-19-1998 by L.L. No. 16-1998]
(1)
The Presiding Officer of the County Legislature shall schedule any
meetings or hearings to be held by committees of the County Legislature
in connection with the review, analysis and discussion of the proposed
expense budget and the development of such budget amendment resolutions
as shall be proposed or offered for legislative consideration, each
of which such resolutions shall contain such budgetary adjustments
as shall be necessary to accomplish the objective of each such amendment
by the County Legislature to the proposed County expense budget.
(2)
The Presiding Officer of the County Legislature shall establish a
cutoff date each year for the filing of budget amendment resolutions
by members of the County Legislature, which date shall be a reasonable
number of days immediately preceding the date scheduled for the actual
vote on such budget amendment resolutions, provisions of § C2-12A
of the Suffolk County Charter to the contrary notwithstanding. The
Presiding Officer of the County Legislature shall also establish a
cutoff date for the distribution of budget amendment resolutions by
members of the County Legislature which date shall be at least two
days immediately preceding the date scheduled for the actual vote
on such budget amendment resolutions, provisions of § C2-12A
of the Suffolk County Charter to the contrary notwithstanding, unless
such deadline is waived by the Presiding Officer at the request of
the Director of the Legislative Budget Review Office pursuant to a
written determination by the Director of the Legislative Budget Review
Office that such deadline cannot be met by his or her office.
(3)
In no event shall the County Legislature act upon such budget amendment
resolutions unless and until such resolutions shall have been placed
upon the desks or tables of the members of the County Legislature
at least two days prior to such legislative action, provisions of
§ C2-12A of the Suffolk County Charter to the contrary notwithstanding.
Any such budget amendment resolution may be amended, prior to initial
legislative action on the entire such budget amendment resolution,
by a procedural vote to so amend approved by at least a majority of
the entire membership of the County Legislature. This two-day notice
requirement may be waived by the Presiding Officer at the request
of the Director of the Legislative Budget Review Office pursuant to
a written determination by the Director of the Legislative Budget
Review Office that such deadline cannot be met by his or her office.
|
The County Legislature shall list in one document all of the
amendments it has made in the proposed County budget and shall include
such provisions in such budget amendment resolutions as shall be necessary
to implement the objectives contained therein.
|
C.
If the County Legislature amends the proposed County budget, either
the mandated or nonmandated portion, or both, in any respect, it shall
make any other amendments that may be required to provide that total
estimated non-tax revenues, together with estimated tax revenues,
shall equal total estimated expenditures. The amount estimated for
any object or purpose for which an appropriation is required to be
made by law shall not be reduced below the minimum so required.
D.
The County Legislature shall enter in its minutes a statement of
the basis for any increase in or addition to any statement of estimated
revenues.
E.
The adopted expense budget for any fiscal year shall not exceed the
adopted and approved expense budget for the prior fiscal year by more
than 4% or the amount of the increase in the gross national product
(GNP) price deflator, whichever is greater, measured by the Bureau
of Labor Statistics for the period of the fiscal year preceding the
year in which the initial public hearings on the proposed County budget
are held, as calculated against the adopted and approved expense budget
for the prior fiscal year. For the purposes of this subsection, "expense
budget" shall include all expenditures and all revenues, except outlays
of federal or state grants or aid, receipts of federal or state grants
or aid, outlays by the County of Suffolk for goods or services statutorily
required by the state or federal government and outlays used for repayment
of all debt principal. "Outlays for goods or services statutorily
required by the state or federal government" shall not mean the cost
to deliver statutorily required goods or services if the pertinent
state or federal statute does not mandate a specific level, quantity
or degree of goods or services to be provided by the County of Suffolk.
Increases in expenditures required by the Governmental Accounting
Standards Board through its generally accepted accounting principles
for governmental units shall be deemed outlays by the County of Suffolk
for goods or services statutorily required by the state or federal
government.
F.
If total revenues for any fiscal year received pursuant to this article
exceed actual expenditures pursuant to this article, then 75% of such
funds shall be returned to the taxpayers of the County of Suffolk
in direct proportion to their share of total taxes paid or shall be
credited to revenues for the subsequent fiscal year in direct proportion
to taxes assessed and collected by the County of Suffolk from parcels
within the County, unless 3/4 of the entire membership of the Suffolk
County Legislature adopts a resolution directed solely to approving
the specific appropriation of such revenues and such resolution is
approved by the County Executive pursuant to § C4-11 of
this Charter. The calculation of the difference between such total
revenues received and expenditures shall be performed in accordance
with generally accepted accounting principles for governmental units
as certified by independent auditors of the County of Suffolk. Such
a resolution may be introduced by any Legislator or by the Presiding
Officer on behalf of the County Executive.
(1)
For the purposes of this article:
(a)
"Total revenues" shall include all receipts of the County of
Suffolk, except those derived from borrowing, receipts of federal
grants or aid and receipts of state grants or aid.
(b)
"Total expenditures" shall include all outlays of the County
of Suffolk, except those used for repayment of all debt principal,
outlays of federal grants or aid, outlays by the County of Suffolk
for goods or services statutorily required by the state or federal
government and outlays of state grants or aid. "Outlays for goods
or services statutorily required by the state or federal government"
shall not mean the cost to deliver statutorily required goods or services
if the pertinent state or federal statute does not mandate a specific
level, quantity or degree of goods or services to be provided by the
County of Suffolk. Increases in expenditures required by the Governmental
Accounting Standards Board through its generally accepted accounting
principles for governmental units shall be deemed outlays by the County
of Suffolk for goods or services statutorily required by the state
or federal government. The budgetary impact of such increases in expenditures
required by the Governmental Accounting Standards Board shall be verified
by the certified independent auditors of the County of Suffolk on
an annual basis.
(2)
Except as provided herein, no more than 75% of the positive fund
balance may be returned to the taxpayers in any year. The remainder
of the fund balance may be deposited into tax and debt stabilization
reserve funds in fiscal years 2009, 2010, 2011 and 2012. In every
fiscal year commencing in fiscal year 2013, the remainder of the fund
balance shall be deposited into tax and debt stabilization reserve
funds in amounts approved by the County Legislature for use in subsequent
years as set forth below.
(a)
A tax stabilization reserve fund may be used whenever an increase
in the real property tax levy for the upcoming fiscal year is projected.
(b)
A debt stabilization reserve fund may be used whenever an increase
for the upcoming budget in debt service or the amount adopted and
approved in the current year budget is projected.
(c)
Funds transferred from a tax stabilization reserved fund and/or
a debt stabilization reserve fund shall be appropriated pursuant to
the requirements set forth in the pertinent provisions of the New
York General Municipal Law. Nothing in this section shall be construed
to prohibit the establishment of and transfer to other legal reserve
funds established in accordance with the New York General Municipal
Law and pursuant to the procedures established in this section.
[3]
Editor's Note: This local law was approved at referendum 11-7-2006.
(3)
Once the balance of the tax stabilization reserve fund totals $120,000,000
(as defined by the adopted amount in the prior year's operating budget)
or 5% of the general fund portion of the prior year's operating budget,
whichever amount is greater, the County may return a larger percentage
of the fund balance, up to 100%, to the taxpayers and/or approve a
specific appropriation of this portion of the fund balance for the
clearing of snow and ice from public thoroughfares and public places;
the repair of potholes and other road surface maintenance; for heat,
light and power in County-owned or -leased buildings; for disaster
preparedness; for the payment of bonded indebtedness; or to provide
"pay-as-you-go" funding pursuant to Local Law No. 23-1994.
[Added 5-12-2009 by L.L. No. 19-2009]
G.
Whenever 3/4 of the entire membership of the Legislature shall deem it necessary, by the adoption of a resolution enacted in accordance with Article II of this Charter, then the Suffolk County Legislature may provide for a specific appropriation in excess of the limit contained in Subsection E of this section by a vote directed solely to that subject. The County Executive and the County Legislature shall ensure that actual appropriations do not exceed the limit set forth in such resolution or the limit contained in Subsection E of this section.
H.
The expense budget of the Community College shall be treated as a
separate budget for the purposes of compliance with the provisions
of this section. The amount of real property tax revenues and non-real-property-tax
revenues attributable to the community college budget shall continue
to be the ratio between the two sources of revenue as shall have applied
to the expense budget adopted and approved for the prior fiscal year.
J.
Appropriations and revenues budgeted in the mandated portion of the
adopted County operating budget shall not be transferred to the nonmandated
portion of the adopted County operating budget during a fiscal year.
Appropriations and revenues budgeted in the nonmandated portion of
the adopted County operating budget may only be transferred to the
mandated portion of an adopted County operating budget during a fiscal
year upon:
(1)
A joint written certification from the Director of the County Executive's
Budget Office and the Director of the Legislative Budget Review Office
that an appropriation shortfall exists in a program, for a service,
in a line item or for the acquisition of goods, which program, service,
line item or good is explicitly required by a specific state or federal
statute; and
K.
The provisions of Subsection J, barring the transfer of appropriations and revenues from the mandated portion of the adopted operating budget to the non-mandated portion of the adopted operating budget during a fiscal year, shall not apply to the transfer of appropriations within Fund 632 from the mandated portion to the non-mandated portion of the adopted operating budget, in order to operate the John J. Foley Skilled Nursing Facility through the end of fiscal year 2011. Such a transfer may be approved during fiscal year 2011 by a simple majority vote of the County Legislature, subject to the veto and override provisions of § C2-14 of the Suffolk County Charter.
[Added 6-7-2011 by L.L. No. 32-2011[5]]
[5]
Editor's Note: This local law was vetoed by the County Executive
6-27-2011, which veto was overridden by the County Legislature 8-2-2011.
L.
(Reserved)[6]
[6]
Editor's Note: Former Subsection L, added 7-29-2014 by L.L. No.
31-2014, which required an interfund transfer from
the County's general fund to the Suffolk County Sewer Assessment Stabilization
Fund, was repealed 7-21-2020 by L.L. No. 50-2020. Local Law No. 50-2020
was approved at referendum 11-3-2020.
M.
(Reserved)[7]
[7]
Editor's Note: Former Subsection M, 7-29-2014 by L.L. No. 31-2014, which required the confirmation of the outstanding balance
of the Sewer Assessment Stabilization Fund as part of the consensus
forecast, was repealed 7-21-2020 by L.L. No. 50-2020. Local Law No. 50-2020
was approved at referendum 11-3-2020.
N.
The 2019 adopted expense budget and all subsequent adopted expense
budgets, except for the 2020 adopted expense budget, shall include
a transfer to the Suffolk County Fair Elections Matching Fund, the
revenue to come from the Suffolk County Regional Off-Track Betting
Video Lottery Terminal Program and in an amount of $1,000,000 or 15%
of the County's share of such revenue, whichever amount is greater,
with annual contributions not to exceed $2.5 million in total. The
2020 adopted expense budget shall include a transfer of $1,000,000
from the County's share of revenue from the Suffolk County Regional
Off-Track Betting Video Lottery Terminal Program to the Suffolk County
Fair Elections Matching Fund.
[Added 12-19-2017 by L.L.
No. 8-2018; amended 12-17-2019 by L.L. No. 8-2020]
[1]
Editor's Note: This local law was approved at referendum 11-7-1989
and took effect the first day of the first fiscal year thereafter.
[2]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 11-18-1994. It was approved
at referendum 11-7-1995.
A.
The County Executive may approve the County budget, as submitted, or may disapprove of one or more budget amendment resolutions to the proposed County budget made by the County Legislature and otherwise approve the County budget. If he approves the County budget as submitted, it shall become effective immediately upon his approval. If he disapproves of one or more budget amendment resolutions and otherwise approves the County budget, he shall return the disapproved budget amendment resolutions to the County Legislature for reconsideration, and the County budget that he otherwise approves shall become effective immediately upon his approval. All amendments exceeding $10,000 returned disapproved to the County Legislature shall be accompanied with a written impact statement as required in § C4-6C. Such budget amendment resolutions shall be approved or disapproved no later than the 10th day subsequent to submission of such budget amendment resolutions to the office of the County Executive.
[Amended 5-9-1989 by L.L. No. 13-1989; 5-19-1998 by L.L. No.
16-1998]
B.
The County Legislature may reconsider any amendment to the proposed County budget that the County Executive has returned with his disapproval. If, on such reconsideration, it passes the amendment by affirmative vote of at least 2/3 of the total membership, or at least 3/4 of the entire membership of the Suffolk County Legislature when the underlying budget amendment resolution required an affirmative vote of at least 3/4 of the entire membership of the County Legislature for adoption pursuant to either § C4-10F or C4-12A of this article, within 10 days after the date it was returned to it or at the next regularly scheduled meeting of the County Legislature, the budget amendment resolution shall become effective forthwith. All such amendments exceeding $10,000 passed over the County Executive's veto shall be accompanied by a written impact statement as required in § C4-6C. If it does not reconsider any such budget amendment resolution or if, on reconsideration, it does not pass the budget amendment resolution by affirmative vote of at least 2/3 of the total membership, or at least 3/4 of the entire membership of the Suffolk County Legislature when the underlying budget amendment resolution required an affirmative vote of at least 3/4 of the entire membership of the County Legislature for adoption pursuant to either § C4-10F or C4-12A of this article, within 10 days after the date it was returned to it or at the next regularly scheduled meeting of the County Legislature, the budget amendment resolution shall not take effect, and the following rules shall apply:
[Amended 3-9-1971 by L.L. No. 11-1971; 5-9-1989 by L.L. No.
13-1989; 5-19-1998 by L.L. No. 16-1998; 7-21-2020 by L.L. No. 34-2020]
(1)
If the amendment would have added a new item of appropriation, the
new item is not added.
(2)
If the amendment would have increased the amount appropriated to
an item, the increase is not effective.
(3)
If the amendment would have stricken an item of appropriation, the
appropriation for that item is effective.
(4)
If the amendment would have reduced the amount appropriated to an
item, the amount proposed for that item in the proposed County budget
is the amendment appropriated to that item.
C.
In the event of any inconsistency between this section and any provision of Article II relating to the procedure for adoption and approval of local laws and resolutions, the provisions of this section shall control in the case of the County budget.
D.
Any action taken by the County Executive under this section shall be subject to and in conformity with the limitations contained in § C4-10E, F and G of this article.[1]
[Added 6-28-1983 by L.L. No. 21-1983]
[1]
Editor's Note: Former Subsections E, F and G, which were added
to follow this subsection 6-28-1991 by L.L. No. 28-1991, and providing
for an independent evaluation of the proposed and adopted budget,
were repealed 4-7-1992 by L.L. No. 8-1992.
E.
The Division of the Budget and the Legislative Budget Review Office
will jointly certify the adopted expense (operating) budget each year.
The Division of the Budget will publish the adopted, uncertified expense
(operating) budget on the County's website no later than January 31
each year and publish the certified expense (operating) budget on
the County's website no later than April 15 each year.
[Added 12-3-2013 by L.L. No. 1-2014; amended 3-22-2016 by L.L. No. 6-2016]
[Amended 5-27-1986 by L.L. No. 29-1986; 5-9-1989 by L.L. No.
13-1989; 5-23-1989 by L.L. No. 38-1989;[1] 7-18-1989 by L.L. No. 27-1989;[2] 8-29-1989 by L.L. No. 48-1989; 11-23-1994 by L.L. No.
29-1995[3]]
A.
When the County budget shall have been finally adopted, the County Legislature shall levy all taxes and assessments in the manner and within the time prescribed by law, except that no County expense budget shall be adopted or approved for any fiscal year which requires the Suffolk County General Fund and Police District Fund or any captive service fund (nursing, self-insurance and interdepartment operation and service) net tax levy, calculated together, exclusive of the amount necessary to be raised by tax on real estate to provide for the interest on and principal of all indebtedness in the Suffolk County General Fund and Police District Fund or any captive service fund (nursing, self-insurance and interdepartment operation and service), not to exceed the combined Suffolk County General Fund and Police District Fund or any captive service fund (nursing, self-insurance and interdepartment operation and service) net tax levy for the prior fiscal year, exclusive of the amount necessary to be raised by tax on real estate to provide for the interest on and principal of all indebtedness in the Suffolk County General Fund and Police District Fund or any captive service fund (nursing, self-insurance and interdepartment operation and service) by more than 4% or the amount of the increase in the gross national product (GNP) price deflator, whichever is greater, measured by the Bureau of Labor Statistics for the period of the fiscal year immediately preceding the year in which the initial public hearings on the proposed County expense budget are held, unless such net tax levy in excess of the limitations contained herein is approved by an affirmative vote of 3/4 of the entire membership of the Suffolk County Legislature directed solely to that specific purpose. The Suffolk County Executive and Suffolk County Legislature shall ensure that the combined net tax levies do not exceed the limit set forth in such resolution or the limit contained in § C4-12A of this article. The effects of prior year ending fund balances shall be excluded from the calculation of the net tax levy.[4]
B.
If the Suffolk County Tax Act is amended to establish a new date by which the County property tax rate is to be established, the calendar of dates set forth in §§ C4-10, C4-9, C4-10A and C4-11B shall be changed by local law to maintain substantially the same time intervals between the dates as are now established by those sections.
[1]
Editor's Note: This local law was approved by referendum 11-7-1989
and took effect the first day of the first fiscal year thereafter.
[2]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 7-13-1989.
[3]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 11-18-1994. It was approved
at referendum 11-7-1995.
[Amended 5-9-1989 by L.L. No. 23-1989; 4-29-1989 by L.L. No.
37-1989; 10-2-1991 by L.L. No. 35-1991; 8-22-2006 by L.L. No.
44-2006[1]]
A.
A capital budget for a fiscal year may not be amended during the fiscal year unless the resolution is introduced by the County Executive or a County Legislator and is approved by an affirmative vote of at least 3/4 of the total membership of the County Legislature and constitutes an amendment to change the method of financing; to change the title of a project; to provide funding to correct, repair or to respond to a public emergency declared, in writing, to the Legislature by the County Executive and arising out of or caused by a sudden unforeseen occurrence or disaster, such as a hurricane, fire, tornado, flood, blizzard, explosion, airplane crash, earthquake, nuclear war, radiological emergency, war, civil unrest or disobedience, act of God or comparable event; to provide funding for projects that have gone out to bid and require budgetary modifications because the bid price exceeds the estimated costs included in the capital budget and/or program; or to correct a technical defect. An affirmative vote of at least 3/4 of the total membership of the County Legislature shall be required to pass such a resolution returned by the County Executive with his disapproval. This requirement for an affirmative vote of at least 3/4 of the entire membership of the County Legislature shall not apply to any such amendment to increase the capital budget, as finally enacted at the conclusion of the process set forth in § C4-19 of this article, which provides for a corresponding reduction or offset of a dollar amount in the capital budget equivalent to the amount of the proposed increase, nor to any such amendment to decrease the capital budget, as finally enacted at the conclusion of the process set forth in § C4-19 of this article, nor to any such amendment which is financed in an amount of at least 50% of the total authorization or appropriation of such amendment by federal or state funding. Any such amendment shall also be accompanied by a written analysis of the capital budget affected by such amendment prepared by the Legislative Budget Review Office for its annual report on the capital budget and program, including but not limited to a statement as to the proposal's impact and effect on the County's operating budget, the County's tax rate and the County's real property tax levy for all County funds so affected. This written analysis shall also include a detailed statement as to the specific function and service to be provided with a comparison of the cost to provide such services by outside contractors or consultants versus utilization of in-house County personnel, regardless of whether or not positions of employment for such in-house personnel exist in the County budget at the time of the preparation of the analysis.
B.
The requirement of Subsection A of this section, that an increase in the capital budget during the fiscal year be offset by a corresponding reduction in the capital budget, shall not apply to the County's purchase of the Suffolk County Judicial Agency's ownership interest in the John P. Cohalan Court Complex located in Central Islip, New York.
[Added 6-23-2009 by L.L. No. 22-2009]
C.
A resolution that increases the capital budget for a non-sewer-district project may not utilize a County sewer district project to achieve the corresponding reduction that is required by Subsection A of this section.
D.
A resolution that increases the capital budget in relation to a project
within a County sewer district shall be offset by a corresponding
reduction for the same sewer district in the capital budget, a transfer
from the Assessment Stabilization Reserve Fund, connection fees for
the same sewer district, fund balance surplus for the same sewer district
or other revenues generated by the same sewer district. Such a resolution
shall be approved by a majority vote of the Suffolk County Legislature.
[1]
Editor's Note: This local law was approved at referendum 11-7-2006.
No capital project may be included in a capital budget for a
fiscal year unless it is included in the capital program applicable
to that fiscal year.
The County Executive shall schedule and conduct hearings in
public on capital proposals.
On or before the 15th day of April in each year, the County
Executive shall submit to the County Legislature a proposed capital
program for the ensuing three years or for such longer period as may
be prescribed by local law. The proposed capital budget and program
shall include a separate and distinct funding summary for individual
capital sewer projects as well as a separate and distinct summary
for all individual non-sewer-district capital projects, together with
a separate and distinct summary of the aggregate funding of all such
sewer district capital projects and a separate and distinct summary
of the aggregate funding of all such non-sewer-district capital projects.
[1]
Editor's Note: This local law passed at referendum 11-7-2006.
[Amended 6-26-1990 by L.L. No. 30-1990; 6-17-2014 by L.L. No. 32-2014]
The County Executive shall submit with the proposed capital
program a general explanation of its purposes and priorities. The
message shall contain his assessment of the long-term capital needs
and financial resources of the County as well as his estimate of its
year-by-year needs and resources over the next three years or for
such longer period as he may deem appropriate or as may be prescribed
by local law. The County Executive shall also submit with the proposed
capital program a written report as to the balance in any reserve
accounts that may have been established for the closeout of completed
capital projects, including the balance of moneys in such reserve
accounts available each year to be transferred as revenue to the general
fund, as well as the balance of moneys in all those capital projects
and subprojects that have existing balances which have not been closed
out, including those not currently shown as open projects in the capital
budget and program document. The County Comptroller shall provide,
upon written request, such information as may be necessary to issue
the above-described written report.
The County Legislature shall hold at least one public hearing
on the proposed capital program not later than the 15th day of May
in each year.
[Amended 8-28-1984 by L.L. No. 22-1984; 9-22-1994 by L.L. No.
23-1994; 6-11-1996 by L.L. No. 17-1996;[1] 2-11-1997 by L.L. No. 9-1997; 11-30-2001 by L.L. No.
6-2002; 4-30-2002 by L.L. No. 15-2002; 1-28-2003 by L.L. No.
8-2003; 3-23-2004 by L.L. No. 15-2004; 6-27-2006 by L.L. No.
35-2006; 8-22-2006 by L.L. No. 44-2006;[2] 8-19-2008 by L.L. No. 35-2008; 8-17-2010 by L.L. No.
48-2010]
A.
Not less than two weeks after the public hearing required by § C4-18 and not later than the 30th day of June, the County Legislature shall adopt the proposed capital program, with or without amendments.
B.
If the County Legislature does not adopt a capital program on or
before the 30th day of June, the proposed capital program shall be
deemed adopted as submitted.
(1)
Commencing in fiscal year 1996, funding for recurring expenses shall
be paid by a transfer from the General Fund rather than through the
issuance of debt.
(2)
The requirement of Subsection B(1) of this section shall not apply to recurring expenses incurred, or necessary to be paid, during Fiscal Years 2020, 2021, 2022 and 2023.
[Amended 5-8-2012 by L.L. No. 34-2012; 5-7-2013 by L.L. No.
24-2013; 3-8-2014 by L.L. No. 9-2014; 5-12-2015 by L.L. No. 25-2015; 6-1-2016 by L.L. No. 25-2016; 6-6-2017 by L.L. No. 20-2017; 6-23-2020 by L.L. No. 35-2020]
C.
Any capital project authorized and made a part of the County capital
budget and program shall automatically expire on December 31 of the
fifth fiscal year of its existence unless:
(1)
Funds have been expended from the appropriation of serial bond proceeds,
bond anticipation notes, revenue anticipation notes, federal aid,
state aid, general fund transfers, sewer escrow funds, or capital
notes, for any component part of the general capital project during
that period of time; or
(2)
The duration of the project has been extended by duly enacted legislation
of the County of Suffolk reauthorizing such project prior to its expiration
date.
A.
The County Executive may approve of the capital program, as submitted,
or may disapprove of one or more amendments made by the County Legislature
to the proposed capital program and otherwise approve the capital
program. If he approves the capital program as submitted, it shall
become effective immediately upon his approval. If he disapproves
of one or more amendments and otherwise approves the capital program,
he shall return the disapproved amendments to the County Legislature
for reconsideration no later than 10 days after the submission of
such budget amendment resolutions to the Office of the County Executive,
and the capital program that he otherwise approves shall become effective
immediately upon his approval.
[Amended 9-16-2008 by L.L. No. 40-2008]
B.
The County Legislature may reconsider any amendments to the proposed
capital program that the County Executive has returned with his disapproval.
If on such reconsideration it passes the amendment by affirmative
vote of 2/3 of the total membership within 10 days of the date it
was returned to it or at the next regularly scheduled meeting of the
County Legislature, the amendment shall become effective forthwith.
If it does not reconsider any such amendment or if, on reconsideration,
it does not pass the amendment by affirmative vote of 2/3 of the total
membership within 10 days of the date it was returned to it or at
the next regularly scheduled meeting of the County Legislature, the
amendment shall not take effect, and the following rules shall apply:
[Amended 7-21-2020 by L.L. No. 34-2020]
(1)
If the amendment would have added a new project, the new project
is not added.
(2)
If the amendment would have increased the amount estimated for a
project, the increase is not effective.
(3)
If the amendment would have stricken a project, the project shall
remain in the capital program.
(4)
If the amendment would have reduced the amount estimated for a project,
the amount proposed for that item in the proposed County budget is
the amount estimated for that item.
(5)
If the amendment would change the ranking by year or priority of
any project, the ranking contained in the proposed capital program
remains effective.
C.
In the event of any inconsistency between this section and any provision of Article II relating to the procedure for adoption and approval of local laws and resolutions, the provisions of this section shall control in the case of the capital program.
D.
The Division of the Budget will publish the adopted capital budget
and program on the County’s website no later than September
1 each year.
[Added 12-3-2013 by L.L. No. 1-2014]
A.
The capital program may be amended only by resolution introduced by the County Executive or a County Legislator if passed by an affirmative vote of at least 3/4 of the total membership of the County Legislature to change the method of financing; to change the title of a project; to provide funding to correct, repair or respond to a public emergency declared, in writing, to the Legislature by the County Executive and arising out of or caused by a sudden unforeseen occurrence or disaster such as a hurricane, fire, tornado, flood, blizzard, explosion, airplane crash, earthquake, nuclear war, radiological emergency, war, civil unrest or disobedience, act of God or comparable event; to provide funding for projects that have gone out to bid and require budgetary modifications because the bid price exceeds the estimated costs included in the capital budget and/or program; or to correct a technical defect. An affirmative vote of at least 3/4 of the total membership of the County Legislature shall be required to pass such a resolution returned by the County Executive with his disapproval. This requirement for an affirmative vote of at least 3/4 of the entire membership of the County Legislature shall not apply to any such amendment, to increase the capital program, as finally enacted at the conclusion of the process set forth in § C4-19 of this article, which provides for a corresponding reduction or offset of a dollar amount in the capital program equivalent to the amount of the proposed increase, nor to any such amendment to decrease the capital program, as finally enacted at the conclusion of the process set forth in § C4-19 of this article, nor to any such amendment which is financed in an amount of at least 50% of the total authorization or appropriation of such amendment by federal or state funding.
B.
The requirement of Subsection A of this section, that an increase in the capital program during the fiscal year be offset by a corresponding reduction in the capital program, shall not apply to the County's purchase of the Suffolk County Judicial Agency's ownership interest in the John P. Cohalan Court Complex located in Central Islip, New York.
[Added 6-23-2009 by L.L. No. 22-2009]
C.
A resolution that increases the capital program for a non-sewer-district project may not utilize a County sewer district project to achieve the corresponding reduction that is required by Subsection A of this section.
D.
A resolution that increases the capital program in relation to a
project within a County sewer district shall be offset by a corresponding
reduction for the same sewer district in the capital budget, a transfer
from the Assessment Stabilization Reserve Fund, connection fees for
the same sewer district, fund balance surplus for the same sewer district
or other revenues generated by the same sewer district. Such a resolution
shall be approved by a majority vote of the Suffolk County Legislature.
A.
The County Legislature by resolution may at any time during the fiscal
year appropriate for any lawful purpose the unanticipated revenues
or unappropriated cash surplus within a particular fund, but only
to the extent, in each case, that the total of all revenues of such
fund received by the County for the fiscal year, including unappropriated
cash surplus, exceeds the total of all revenues of such fund as estimated
in the budget, including appropriated cash surplus.
B.
Grants-in-aid received from the state and federal governments, other
gifts which are required to be expended for particular objects or
purposes, insurance proceeds received for the loss, theft, damage
or destruction of real or personal property, when proposed to be used
or applied to repair or replace such property, and third-party recovery
of claims, liens or actions pursuant to the Workers' Compensation
Law, General Municipal Law or other applicable laws may be appropriated
by resolution of the County Legislature at any time for such objects
and purposes. By resolution the County Legislature may delegate, in
accordance with § 10, Subdivision 4, of the Municipal Home
Rule Law and § C3-4 of this Charter, its general power of
acceptance and appropriation under this subsection and of unconditional
gifts to the County Executive. Where such delegating resolution has
been adopted by the County Legislature, after a statement of the amount,
source, terms and conditions of such grant, settlement or gift and
the proposed appropriation has been filed with its Clerk, the County
Executive may accept and appropriate funds by executive order.
[Amended 4-19-1977 by L.L. No. 14-1977; 4-11-1978 by L.L. No.
7-1978]
C.
An affirmative vote of 2/3 of the total membership of the County
Legislature shall be required to pass a resolution or local law to
authorize a budget note returned by the County Executive with his
disapproval.
A.
The expense budget portion of the County budget may appropriate moneys
to a County contingent fund. The total amount appropriated to the
County contingent fund shall not exceed 3% of the total estimated
expenditures for all purposes other than debt service.
B.
The County Executive may file in the office of the Clerk of the County
Legislature a resolution to transfer a specified sum from the County
contingent fund for a specified purpose. The resolution shall be deemed
to have been introduced and, if passed as provided in the Municipal
Home Rule Law, shall be effective immediately.
C.
An affirmative vote of 2/3 of the total membership of the County
Legislature shall be required to pass a resolution or local law to
transfer a specified sum from the County contingent fund for a specified
purpose, returned by the County Executive with his disapproval.
Whenever taxes to meet appropriations for a County purpose may
be raised only upon taxable real estate in a district or area including
less than the entire area of the County, the County Executive may
include in the tentative budget an amount recommended as necessary
to be appropriated for a contingent fund for such purpose not exceeding
10% of the total amount otherwise appropriated for such purpose, which
contingent fund shall be used for no other purpose.
A.
The County Executive may file in the office of the Clerk of the County
Legislature a resolution to transfer specified unencumbered funds
from one department to another for a specified purpose. The resolution
shall be deemed to have been introduced and, if passed as provided
in the Municipal Home Rule Law, shall be effective immediately.
B.
An affirmative vote of 2/3 of the total membership of the County
Legislature shall be required to pass a resolution or local law to
transfer specified unencumbered funds from one department to another
for a specified purpose, returned by the County Executive with his
disapproval.
[Amended 6-12-1973 by L.L. No. 13-1973]
A.
In any condemnation proceeding where the maps have been approved,
the County Executive may, within the limitation of the capital budget
as to a capital project for the current year, transfer funds by executive
order, in an amount sufficient to cover appraisal, publication and
similar fees and costs, from the provision for capital projects account
to a specific capital project. The County Executive may also transfer
funds by executive order from the unencumbered balance of an appropriation
to another item within a department if the amount transferred is less
than $1,000 or less than some other amount fixed by local law.[1] The County Executive may delegate to a department head
the power conferred in this subsection to transfer within a department.
B.
If the County Executive wishes to transfer, from the unencumbered
balance of an appropriation to another item within a department, funds
in excess of $1,000 or some other amount fixed by local law, he may
file in the office of the Clerk of the County Legislature a resolution
to transfer such funds to another item within a department. The resolution
shall be deemed to have been introduced and, if passed as provided
in the Municipal Home Rule Law, shall be effective immediately.
C.
Any resolution purporting to appropriate funds for a capital project,
regardless of the source of such funds, shall set forth explicitly
the allocation of such funds for each County department, line item,
project, program, contract, acquisition, purchase order or other specific
purpose, as the case may be.
[Added 4-29-1987 by L.L. No. 26-1987]
A.
If at any time during the fiscal year it appears to the County Executive
that available revenues will be less than total amounts appropriated,
he shall forthwith advise the County Legislature of the estimated
amount of the deficit, the remedial action he has taken or plans to
take under the allotment system and otherwise, and any legislation
he believes necessary to avoid the anticipated deficiency.
B.
The County Legislature, on receiving the County Executive's advice
that he believes available revenues will be less than total amounts
appropriated or on its own determination that available revenues will
be less than total amounts appropriated, may by resolution reduce
or strike any unencumbered appropriation in the expense budget.
C.
An affirmative vote of 2/3 of the total membership of the County
Legislature shall be required to pass a resolution reducing or striking
any unencumbered appropriation in the expense budget, returned by
the County Executive with his disapproval.
D.
Nothing in this section shall be construed as limiting the County Legislature's power, in the absence of executive or legislative anticipation of a deficit, by resolution to reduce or strike any unencumbered appropriation in the expense budget. Subsection C of this section applies to such a resolution.
[Amended 5-27-1997 by L.L. No. 11-1997]
The unencumbered balance in each appropriation account of the
expense budgets at the close of the fiscal year shall be returned
to the County General Fund, except that those appropriations funded
by grant moneys which have been accepted by the County Legislature,
pursuant to a duly enacted resolution, shall continue to be appropriated
on a grant fiscal year basis and shall not require the reappropriation
of any such unencumbered grant moneys at the end of the County fiscal
year.
There shall be a system for the allotment of funds by the County Executive to department heads from appropriations authorized for the agency involved. No appropriation authorized for any department shall be available for expenditure unless the County Executive approves an allotment of funds to the department or a requested allotment becomes effective pursuant to § A4-7 of the Administrative Code, except as to appropriations for the filling of positions of County employment contained in the Adopted County Operating Budget for the County Legislature, Sheriff's Office, District Attorney's Office, County Clerk's Office, Department of Audit and Control, and Department of Taxation and Finance, the allotment for which shall be deemed approved and effective as of the first day of the fiscal year for which such appropriation has been made or as otherwise prescribed by the Adopted County Operating Budget, anything in Article IV or other relevant section of the Suffolk County Administrative Code to the contrary notwithstanding.
The total amount allotted to any department for any fiscal year
or other term for which an appropriation was made shall not exceed
the amount appropriated for that fiscal year or term.
[Added 6-9-1970 by L.L. No. 15-1970; amended 7-14-1970 by L.L. No.
16-1970; 6-28-1983 by L.L. No. 21-1983; 5-9-1989 by L.L. No. 13-1989; 11-23-1994 by L.L. No. 8-1995[1]]
A.
The head of each County department shall, in the event that any budget
modification becomes necessary, submit to the County Executive and
to the Presiding Officer of the County Legislature, on forms prescribed
by the County Executive, any and all requests for budget modifications
after adoption of the annual budget. The Presiding Officer of the
County Legislature shall forthwith provide a copy of said request
to each member of the County Legislature.
B.
The County Executive and the Presiding Officer of the County Legislature
shall review and analyze such requests, during the course of which
either may:
(1)
Require the submission of additional documentation or information
concerning the request;
(2)
Schedule a budget hearing with the department head. In the event
that such a hearing is held by the County Executive, it shall be open
to legislative attendance. In the event that such a hearing is scheduled
by the Presiding Officer of the County Legislature, then it shall
be held before the legislative committee to which it is assigned by
the Presiding Officer, and it shall be open to full legislative attendance
and chaired by the Chairman of that committee.
C.
Within 21 days from the date of submission of a request by a head
of a department for budget modification, the County Executive shall
approve, disapprove or approve with modification any such request.
If he approves of such modification or parts thereof, with or without
modification, he shall submit within said 21 days such proposed budget
modification to the County Legislature in accordance with § C2-11
of this Charter. He shall submit with such proposed budget modification
a message of explanation of such proposal. Such message shall explain
the need for such budget modification. The County Legislature, or
any committee thereof, may require the County Executive to submit
additional information concerning such proposal. If the County Executive
disapproves of such proposed budget modification, he shall submit
a message of disapproval to the County Legislature setting forth such
disapproval.
D.
Within 45 days of the expiration of the twenty-one-day period set forth in Subsection C hereof, the County Legislature shall accept or reject the determination of the County Executive with respect to the proposed budget modification, or, in the event of the failure of the County Executive to act with respect thereto, said County Legislature shall accept or reject the request for budget modification by the department head. In the event that no action is taken by the County Legislature with respect to such proposed budget modification within said 45 days, it shall be deemed rejected.
E.
For purposes of this section, a budget modification shall consist
of any of the following which shall occur after adoption of the annual
budget; or for those matters which pertain to the capital program,
any that occur after adoption of the capital program:
(1)
A transfer of funds from one appropriation to another, other than one made pursuant to the authority contained in § C4-26;
(2)
The creation or abolishment of a position;
(3)
A change in the grade, step or annual salary of any positions, other
than one properly made by the Classification and Compensation Appeals
Board, the Unified Court System Employees Classification and Compensation
Appeals Board and the Department of Human Resources, Personnel and
Civil Service;
(4)
The appropriation of unanticipated revenues, the appropriation of
unbudgeted revenues or surplus or the appropriation of proceeds of
borrowing.
(5)
The modification, addition or deletion of any project in the capital
budget or capital program.
(6)
A change in the year of authorization or method of funding of any
capital project.
(7)
The funding of any capital project which has been authorized but
not funded.
(11)
The enactment of a resolution or local law that decreases or
eliminates revenue included in the expense budget.
[Added 3-23-2010 by L.L. No. 6-2010]
F.
Any action taken under this section which results in an increase in the expenditure of funds under the expense budget in excess of the ceiling imposed in § C4-10E shall require an affirmative vote of 3/4 of the entire membership of the Suffolk County Legislature.
G.
During a fiscal year and after adoption of the annual expense budget, any budget modification to the annual expense budget may be effectuated by the adoption of an appropriate resolution introduced in accordance with § C2-11 of this Charter and this subsection and approved by at least a majority of the entire membership of the County Legislature, even though the head of the pertinent County department has not submitted a request for such budget modification, as long as the purpose of such budgetary modification is to reduce, lower, terminate or cancel appropriations, to abolish positions of employment; to terminate contract agencies; to terminate or reduce the size of County programs or departments; to make transfers of appropriations that are offset by reductions in other appropriations, or to decrease or eliminate revenues that are offset by a corresponding reduction of appropriations and/or increase of other revenues. Resolutions incorporating such budget modifications introduced by any individual Legislator may only be laid on the table at the first regular legislative meeting in February, April, June or September of any fiscal year. Resolutions incorporating budget modifications which are introduced by the Presiding Officer, upon request of the County Executive, as authorized pursuant to § C2-11, may be introduced at any time during the fiscal year. Any resolutions introduced in accordance with these provisions may then be acted upon by the full County Legislature whenever eligible for consideration pursuant to the Rules of the County Legislature and subject to the laws of Suffolk County.
[Amended 12-1-2009 by L.L. No. 41-2009; 3-23-2010 by L.L. No.
6-2010; 6-4-2019 by L.L. No. 25-2019]
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 11-18-1994.
[Added 10-12-1988 by L.L. No. 40-1988[1]]
A.
Any resolution filed with the Clerk of the Suffolk County Legislature
to amend the Suffolk County Classification and Salary Plan for the
purpose of adding to, deleting from or modifying a position or title
on said plan, regardless of the underlying purpose or objective of
such amendment, shall be accompanied by a companion resolution or
a companion provision in the same resolution which shall conform the
pertinent provisions of the County Operating Budget to the proposed
changes or amendments in the County Classification and Salary Plan.
B.
No such resolution to amend the Suffolk County Classification and
Salary Plan for the purpose of adding to, deleting from or modifying
a position or title on said plan, regardless of the underlying purpose
or objective of such amendment, shall be adopted unless or until a
companion resolution or a companion provision in the same resolution,
conforming the pertinent provisions of the County Operating Budget
to the proposed changes or amendments in the County Classification
and Salary Plan, is enacted.
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 9-27-1988.
A.
Any filled
position in any department which may become vacant or any position
in any department created by resolution, budget amendment, local law
or charter law enacted into law by the County of Suffolk, the adequate
appropriations for which are contained in the Adopted County Operating
Budget, may be filled by the pertinent appointing authority, at its
sole discretion, at the budgeted grade and requested step set forth
in the pertinent collective bargaining agreement or salary plan, as
the case may be, within 90 days after adequate appropriations are
available for the filling of such position or after the occurrence
of a vacancy for which adequate appropriations are available, as the
case may be, any administrative action taken or to be taken by the
Office of the County Executive to the contrary notwithstanding, unless
the County Executive issues a declaration, with requisite findings,
to the County Legislature and the pertinent appointing authority that
such position should not be filled based upon one of the following:
(1)
An
order of the New York State Civil Service Department or New York State
Civil Service Commission prohibits the filling of such a position;
(2)
An
order of a court of competent jurisdiction prohibits the filling of
such a position;
(3)
A department
or agency of the federal government having jurisdiction over the matter
has stated in writing that the appointing authority is prohibited
from filling such position;
(4)
A budget
deficiency exists under § C4-27 of the Suffolk County Charter;
(5)
A public
emergency exists;
(6)
A suspension, freeze, transfer or reduction of any funds in the Adopted County Operating Budget has been proposed or has been implemented by the County Executive on or after the effective date of the pertinent Adopted County Operating Budget pursuant to any provision set forth in Article IV of the Suffolk County Charter; pursuant to Article IV of the Suffolk County Administrative Code; or pursuant to any other provision of federal, state or County law relating to or bearing upon the fiscal, budgetary or personnel and staffing affairs of Suffolk County.
|
The aforesaid declaration with the requisite findings shall
be in writing and filed with the Clerk of the County Legislature.
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B.
In the event that the County Executive files a written declaration with the requisite findings pursuant to Subsection A of this section, then the Legislature, on its own motion, may reject the declaration, via enactment of a resolution directed solely and exclusively to such purpose. Such a resolution shall be subject to the veto and override provisions set forth in Article II of this Charter. After enactment of such resolution, the pertinent appointing authority shall fill such position in accordance with the New York Civil Service Law and Suffolk County Civil Service Rules within 30 days of the effective date of the resolution, any administrative action to the contrary notwithstanding.
C.
In the event that the County Executive or pertinent appointing authority does not comply with any action taken by the County Legislature under Subsection B of this section or in the event that the County Executive and the pertinent appointing authority have jointly failed to comply with Subsection A of this section, then any County Legislator may introduce a resolution directing the pertinent appointing authority to fill the position in question via an appointment of the appropriate individual who qualifies under and pursuant to the pertinent New York State Civil Service Law and Suffolk County Civil Service Rules, which appointment shall require the approval of at least 3/4 of the entire membership of the County Legislature, which resolution shall not be subject to the approval or veto of the County Executive.
D.
Nothing
in §§ A4-6 through A4-9 of the Suffolk County Administrative
Code is intended or shall be construed to diminish or restrict the
powers granted to the County Legislature or any appointing authority
under this section of the Suffolk County Charter. Any administrative
action promulgated or undertaken by the County Executive which has
the effect of preventing or delaying the filling of any vacant positions
heretofore issued or created, and in effect on the effective date
of this law, is hereby nullified and superseded by this law.
[1]
Editor's Note: Former § C4-33, Creation of Taxpayers
Trust Fund, added 2-28-1989 by L.L. No. 11-1989, was repealed 11-17-2009
by L.L. No. 39-2009.
[2]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 1-21-2011.
[3]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 1-21-2011.
B.
This Committee shall:
(1)
By majority vote, select an independent certified public accountant
to conduct an independent audit in conformance with generally accepted
auditing standards of the County's annual financial statements;
(2)
Receive the results of such independent audit; and
(3)
Submit the certification received from such independent certified
public accountant to the County Comptroller for inclusion in his or
her annual report.
C.
This Committee's selection of the independent certified public accountant
shall be in conformance with all applicable competitive bidding procedures,
except that no individual contract may extend longer than three years.
D.
The staff of the Comptroller shall advise and assist the Joint Audit
Committee in preparing requests for proposals from independent certified
accountants for the performance of such independent audits in evaluating
those proposals as may be received in response to such requests and
in conducting such bidder's conferences as the Joint Audit Committee
shall deem necessary and shall provide the Joint Audit Committee with
such other assistance as shall be necessary and appropriate.
E.
The cost of the audit shall be paid out of amounts appropriated for
such purposes, subject to approval of a majority of the Committee.
F.
The Chairperson of the Joint Audit Committee shall rotate each year
between the members of said Committee so that no member shall hold
the position of Chairperson more frequently than once every four years.
[Added 4-24-2001 by L.L. No. 8-2001]
(1)
The first Chairperson of the Joint Audit Committee following the
effective date of this subsection shall be the County Treasurer or
his/her designee.
(2)
Upon conclusion of the first calendar year following the effective
date of this subsection, the Chairperson shall be the Presiding Officer
or his/her designee for the subsequent calendar year.
(3)
Upon conclusion of the second calendar year following the effective
date of this subsection, the Chairperson shall be the County Executive
or his/her designee for the subsequent calendar year.
(4)
Upon conclusion of the third calendar year following the effective
date of this subsection, the Chairperson shall be the County Comptroller
or his/her designee for the subsequent calendar year.
(5)
Thereafter, the rotation shall continue in said sequential order
in perpetuity.
G.
The Joint Audit Committee shall meet on a quarterly basis to review
the County's fiscal condition, discuss current and/or potential financial
challenges the County may face and develop recommendations on how
to address those challenges. The Chairperson of the Committee shall,
within 15 days after each meeting, prepare a report summarizing the
substance of the Committee's discussion and recommendations and circulate
said report to the members of the Committee. Upon the approval of
a report by a majority of the Committee's membership, the Chairperson
will distribute the report to each member of the Legislature within
30 days after the subject meeting.
[Added 9-9-2014 by L.L. No. 26-2014]
[1]
Editor's Note: This local law also provided that nothing in
the local law be construed to abridge the obligations of the Executive
Branch to negotiate in good faith with its employees pursuant to the
Civil Service Law § 200 et seq.
[1]
Editor's Note: Former § C4-35, Use of fund balances and reserve funds restricted, added 6-28-1991 by Section 4 of L.L. No. 28-1991, which was approved by referendum on 11-5-1991, was repealed 11-23-1994 by L.L. No. 29-1995. Local Law No. 29-1995 was adopted by the Legislature after disapproval by the County Executive on 11-18-1994 and was approved at referendum 11-7-1995. Former § C4-35, Annual compensation disclosure, added 4-24-2001 by L.L. No. 9-2001, was repealed 12-18-2012 by L.L. No. 18-2013.
[1]
Editor's Note: Former § C4-36, Increase in 1992
expense budget prohibited, added 6-28-1991 by L.L. No. 28-1991, was
repealed 11-17-2009 by L.L. No. 39-2009.
[Added 11-7-1996 by L.L. No. 2-1997[1]]
In the event that the state or federal government eliminates,
abolishes, terminates or defunds, in whole or in part, any program,
contract, project, grant, aid or funding, the County of Suffolk shall
not reinstate such program, contract, project, grant, aid or funding
through local funding unless such funding is approved by at least
3/4 of the entire membership of the County Legislature via a resolution
directed solely and explicitly to the specific purpose of so reinstating
such funding. In the event that the County Executive returns such
resolution with his or her disapproval, then such veto may be overridden
only by an affirmative vote of at least 3/4 of the entire membership
of the County Legislature.
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 10-17-1996.
