[Amended 6-28-1988 by L.L. No. 4-1988,
approved 7-21-1988]
The County Executive, with the assistance of the Director of Management and Budget and other County administrative heads, shall prepare the annual budget for submission to the County Legislature in such manner and form as set forth in this Article and in Article VI of the Administrative Code.
A.
Annual budget defined. On or before November 15, the
County Executive shall submit to the County Legislature the proposed
annual budget for the ensuing fiscal year, which budget shall include:
[Amended 8-28-1980 by L.L. No. 5-1980; 9-14-1983 by L.L. No.
3-1983; 9-12-2006 by L.L. No. 8-2006, approved 10-2-2006]
(1)
The proposed operating budget, which shall contain
all estimated expenditures and revenues for the fiscal year for operating
purposes, payments due for debt service and that portion of expenditures
for capital projects to be funded from current revenues.
[Amended 6-10-2014 by L. L. No. 2-2014]
(2)
The proposed capital budget, as defined in § C4-11A
of this Charter.
(3)
A summary of the approved capital improvement program
for the ensuing six years.
(4)
Summaries of the budgets of the Monroe Community Hospital,
the Monroe Community College and all authorized agencies for which
funds are proposed to be appropriated.
B.
Submission of annual budget. Upon submission, the proposed annual budget, as defined herein, shall become a public record in the office of the Clerk of the County Legislature. A reasonable number of copies of the same shall be made available by the County Executive for distribution as specified in § A6-11 of the Administrative Code.
[Amended 9-12-2006 by L.L. No. 8-2006,
approved 10-2-2006]
Final action shall not be taken on the proposed
annual budget until at least one public hearing has been held thereon
after five days' notice. It shall be the duty of the County Legislature
to arrange for and hold such hearing or hearings. A summary budget,
as submitted by the County Executive, shall be published at least
once in one or more daily newspapers of general circulation in the
County, which publication shall be made at least five days before
the date set for the first hearing.
[Amended 8-28-1980 by L.L. No. 5-1980; 9-14-1983 by L.L. No.
3-1983;[1] 6-19-1984 by L.L. No. 6-1984, approved 7-10-1984; 9-12-2006 by L.L. No.
8-2006, approved 10-2-2006]
A.
The County Legislature, in considering the proposed
annual budget submitted by the County Executive, may delete, revise,
alter, increase or decrease the items of expenditure, except for debt
service, in the operating or capital budgets; provided, however, that
no capital project shall be added to the operating or capital budgets
until it has first been reviewed by the County Executive and the Planning
Board. The County Legislature shall refer any such proposed additions
to the County Executive and the Planning Board for such review and
recommendations. Such review shall take place within 10 days after
the receipt of such referral, provided that if the recommendations
of the County Executive and the Planning Board are not received by
the County Legislature within such period of time, the Legislature
may proceed to act on such proposed addition or additions as it deems
appropriate. The Legislature shall have the power to add revenue sources
or increase rates of nonproperty taxes, fees and charges as authorized
by applicable state law; provided, however, that it shall not alter
the estimates of yields of existing and authorized revenue sources
as submitted by the County Executive.
B.
If the budget is passed by the County Legislature
with no changes from the budget as submitted by the County Executive,
such budget shall be deemed to have been adopted without any further
action by the County Executive. If, however, the budget as passed
by the County Legislature contains any such changes, such changes
shall be presented forthwith by the Clerk of the Legislature to the
County Executive, but not later than December 16, for his or her consideration
of such changes.
C.
The County Executive may approve or object to any
one or more of such changed items. If the County Executive approves
all of such changes, he or she shall affix his or her signature to
a statement, and return the budget and such statement to the Clerk
of the Legislature within 48 hours after his or her receipt of such
changes. The budget, including all of such changes as part thereof,
shall then be deemed to have been adopted. If the County Executive
objects to any one or more of such changed items, he or she shall
append to the budget a statement of the changed items to which he
or she objects with the reasons for the objections and shall return
the budget with his or her objections to the Clerk of the Legislature
within 48 hours after his or her receipt of such changes. If a budget
with changes made by the County Legislature is not returned by the
County Executive to the Clerk of the Legislature, either approving
such changes or objecting to one or more of such changed items, within
48 hours after its receipt by the County Executive, said budget shall
be deemed to have been adopted as submitted by the Legislature to
the County Executive. All actions to be performed within a forty-eight-hour
period shall be performed within 48 hours regardless of whether the
forty-eight-hour period expires upon a Saturday, Sunday, or holiday.
D.
Upon timely receipt by the Clerk of the Legislature
from the County Executive of a budget with a statement of changed
items to which he or she objects with the reasons for the objections,
the Clerk shall forthwith give notice to all Legislators of a special
meeting of the Legislature, to be held within 48 hours after receipt
by the Clerk of such budget and statement of objections, to reconsider
the changes objected to. Upon convening such meeting, the County Legislature
shall enter the County Executive's objections upon its journal and
proceed to reconsider each of the changes so objected to. Only one
vote shall be taken on each such item to be reconsidered. If, upon
such reconsideration, 3/5 of the whole number of members of the County
Legislature vote to approve such changes, or any of them, the budget
with any such changes so approved, together with any such changes
not so objected to by the County Executive, shall be deemed to have
been adopted. If the County Legislature fails to meet or fails to
reconsider the changed items objected to by the County Executive,
within 48 hours after receipt by the Clerk of the Legislature of the
budget and statement of objections from the County Executive, the
budget as submitted by the County Executive with the changes made
by the Legislature which have not been objected to by the County Executive
shall be deemed to have been adopted. All actions to be performed
within a forty-eight-hour period shall be performed within 48 hours
regardless of whether the forty-eight-hour period expires upon a Saturday,
Sunday, or holiday.
E.
If a budget has not been passed by the County Legislature,
either with or without changes to the budget submitted by the County
Executive, on or before the second Tuesday in December, the Legislature
shall convene each and every day thereafter, including Saturdays,
Sundays and holidays, to pass the budget. Such sessions shall be for
a minimum of two hours each day, the specific times to be set by the
President of the Legislature, and shall continue daily until a budget
is passed or until and including December 16, whichever occurs first.
F.
If a budget has not been passed by the County Legislature on or before December 16 and the Legislature has not agreed upon any changes to the budget as submitted by the County Executive, the budget as submitted by the County Executive shall be deemed to have been adopted. If, however, a budget has not been passed by the Legislature by said date but one or more changes have been agreed upon by the Legislature, the Clerk of the Legislature shall forthwith transmit all of said changes to the County Executive for his or her consideration. The County Executive shall then have a period of 48 hours to consider such changes in accordance with the procedure set forth in Subsection C above. If a statement by the County Executive either approving or objecting to one or more of such changes is not received by the Clerk of the Legislature within said forty-eight-hour period, the budget, as submitted by the County Executive with the changes agreed upon by the Legislature which have been transmitted to the County Executive, shall be deemed to have been adopted. If a timely statement by the County Executive objecting to one or more of such changes is received by the Clerk of the Legislature, the County Legislature shall have a period of 48 hours to reconsider such changes in accordance with the procedure set forth in Subsection D above. If the County Legislature fails to meet or fails to reconsider the changed items objected to by the County Executive within said forty-eight-hour period, the budget, as submitted by the County Executive with the changes made by the Legislature which have not been objected to by the County Executive, shall be deemed to have been adopted.
G.
If not formally adopted by the County Legislature,
any appropriation or other resolution required to make the budget
legally effective shall be deemed to have been adopted by the Legislature
as of the date of the final adoption of the budget pursuant to the
procedures set forth above. The Legislature shall provide for the
raising of the taxes required by such budget in the manner and within
the time prescribed by this Charter and other applicable law.
H.
Upon adoption of the annual budget, the County Legislature
shall forthwith, as its next item of business, adopt such resolutions
authorizing the issuance of obligations or other financing resolutions
as may be necessary to authorize the financing of capital projects
contained in the capital budget for the ensuing fiscal year. Only
those capital projects for which such resolutions authorizing the
issuance of obligations or other financing resolutions have been adopted
and those capital projects included in previous capital budgets for
which increases in financing have been authorized by the Legislature
shall be deemed to be included in the adopted capital budget for the
ensuing year.
[1]
Editor's Note: This local law was accepted
for filing by the state as L.L. No. 2-1983.
[Amended 9-14-1983 by L.L. No. 3-1983[1]]
The County tax requirement, as determined by
subtracting the total estimated revenues from the total proposed expenditures,
as set forth in the adopted budget, shall be levied by the County
Legislature in advance of the start of the fiscal year on the taxable
real property of the County. The taxes so levied shall become due
during such ensuing fiscal year. The tax levy shall be subject to
an adjustment, and such amount shall be included in the budget plan,
in accordance with the following:
A.
If it is determined that the estimated total of uncollected
taxes from the levy for the ensuing fiscal year will exceed the amount
anticipated to be collected in delinquent taxes for all prior years,
then an adjustment to raise the levy by the amount of such excess
shall be made; or
B.
If it is determined that the estimated collection
of delinquent taxes for all prior years will exceed the estimated
total of uncollected taxes from the levy for the ensuing fiscal year,
then an adjustment to reduce the levy by the amount of such excess
shall be made; or
C.
If it is determined that the estimated collection
of delinquent taxes for all prior years and the estimated total of
uncollected taxes from the levy for the ensuing fiscal year are equal,
then no adjustment to the tax levy shall be made.
[1]
Editor's Note: This local law was accepted
for filing by the state as L.L. No. 2-1983.
[Amended 8-28-1980 by L.L. No. 5-1980]
Within 10 days after final action has been taken
on the annual budget, the County Executive shall make public a summary
statement which shall set forth the items of expenditure and anticipated
revenue provided in the budget. Said statement shall show, in addition
to figures set forth in the summary budget submitted by the County
Executive pursuant to § C4-2 of this Charter, the changes
made by the County Legislature in the course of its review, revision
and adoption of the budget. The County Executive shall also make public
at this time the full value tax rate necessary to finance the budget
as adopted.
[1]
Editor's Note: Former § C4-7, Allotment of Appropriations,
as amended, was repealed 6-10-2014 by L. L. No. 2-2014.
[Amended 9-14-1983 by L.L. No. 3-1983[1]]
A.
Annual report. The County Executive shall prepare
and file with the County Legislature a comprehensive annual financial
report for the previous fiscal year no later than June 1. This report
shall be in conformity with generally accepted accounting principles
and appropriate governmental accounting standards. The report shall
depict the financial condition of the County providing balance sheets
and revenue and expenditure statements for all major fund categories.
[Amended 7-9-1996 by L.L. No. 2-1996,
approved 7-29-1996]
B.
Monthly report. The County Executive shall prepare
and file with the County Legislature a monthly report, which report
shall include a summary of revenues and expenditures for the preceding
month. The report shall be detailed as to appropriations and funds
in such manner as to show the financial condition of the County by
department. The procedures for preparing such report shall be as set
forth in §§ C6-4B(5) and C6-5D(2)(d) of this Charter.
[Amended 4-4-1989 by L.L. No. 2-1989;
approved 5-1-1989]
C.
Quarterly report. The County Executive shall prepare
and file with the County Legislature, on a quarterly basis, an updated
forecast of revenues and expenditures for the remainder of the year
focusing on key indicators. The report shall be detailed as to appropriations
and funds in such manner as to show the financial future of the County.
The procedures for preparing such report shall be as set forth in
§ C6-4B(5) of this Charter.
[Amended 4-4-1989 by L.L. No. 2-1989;
approved 5-1-1989]
[1]
Editor's Note: This local law was accepted
for filing by the state as L.L. No. 2-1983.
Except as otherwise provided in this Charter and applicable state law, the financial procedures relating to the operations of the County, including but not limited to the County fiscal year, contingent funds and the increase, transfer, reduction and lapse of appropriations, shall be set forth in Article VIII of the Administrative Code.
A.
Capital improvement program required. There shall be a capital improvement program, which shall be a plan of capital projects to be undertaken during a six-year period and which shall contain such information as set forth in § A7-1A of the Administrative Code.
B.
Purpose of capital improvement program. The purpose
of the capital improvement program shall be to serve as a guide for
public capital improvement decisions and, as appropriate, to assist
in private decisionmaking; to assist County government in investing
in capital projects in such manner so as not to cause large fluctuations
in County taxes; to assure that there are sound reasons for selecting
the particular capital projects to be undertaken and that the most
critical needs are met first by such selections; to assure that the
overall program and individual projects are consistent with the Comprehensive
Development Plan, as set forth in § C5-3B of this Charter;
and to address all capital project responsibilities of the County,
including but not limited to the human services area, the public safety
services area and the physical services area.
C.
Capital project defined. The term "capital project,"
as used in this Charter, shall mean:
(1)
Any public betterment or improvement for which a period
of probable usefulness may be authorized pursuant to § 11.00
of the Local Finance Law of the State of New York or any studies and
surveys relative thereto; or
(2)
The acquisition of land or rights in land; or
(3)
Any furnishings, machinery, apparatus or equipment
for any such public betterment or improvement when such betterment
or improvement is first constructed or acquired; or
D.
Preparation of capital improvement program. In accordance with a timetable and guidelines approved by the County Executive, the Director of Planning and Development shall cause to be prepared a capital improvement program, which program shall contain the recommendations of the Planning Board and the County Executive. The capital improvement program shall be prepared in accordance with the procedures set forth in § A7-1E of the Administrative Code and the guidelines established pursuant to § A7-1C of the Administrative Code.
[Amended 6-10-2014 by L. L. No. 2-2014]
E.
Submission of capital improvement program. On or before
the first regularly scheduled County Legislature meeting in May of
each year, the County Executive shall submit to the County Legislature
the proposed capital improvement program. Upon submission, the proposed
capital improvement program shall become a public record in the office
of the Clerk of the County Legislature. A reasonable number of copies
of the same shall be made available by the County Executive for distribution.
[Amended 6-10-2014 by L. L. No. 2-2014]
F.
Adoption of capital improvement program. The County
Legislature shall adopt a capital improvement program by a majority
vote of its total membership on or before the first regularly scheduled
meeting in July of each year. While considering for adoption the proposed
capital improvement program, the County Legislature may amend the
proposed program, provided that no capital project shall be added
to the proposed program until it has first been reviewed by the County
Executive and the Planning Board. The County Legislature shall refer
such proposed amendment to the County Executive and the Planning Board
for review. Such review shall take place within 10 days after the
receipt of such referral, provided that if the County Executive and/or
the Planning Board fails to act within such period of time, the County
Legislature may proceed to act on such proposed amendment as it deems
necessary.
G.
Public hearing. The County Legislature shall hold
at least one public hearing prior to adopting the capital improvement
program. Notice of the hearing and a summary of the capital improvement
program, as submitted by the County Executive, shall be published
at least once in one or more daily newspapers of general circulation
in the County, at least 10 days before the date set for the first
hearing.
H.
Amendment of capital improvement program. At any time after the adoption of the capital improvement program, the County Legislature, by a majority vote of its total membership, may amend the capital improvement program, provided that no project shall be added to the capital improvement program until it has first been reviewed by the County Executive and the Planning Board, in accordance with the procedures set forth in § A7-1F of the Administrative Code.
A.
Capital budget defined. The proposed capital budget
shall be a financing plan for the prioritized list of new projects
contained in the first year of the capital improvement program, increases
in costs for projects included in previous capital budgets and additional
projects authorized by the legislature during the course of the year.
The adopted capital budget shall consist of those projects in the
proposed capital budget for which resolutions authorizing the issuance
of obligations or other financing resolutions have been adopted by
the County Legislature. The capital budget shall contain all estimated
expenditures for all capital projects, as defined in § C4-10C
of this Charter, and estimates of the funds from current revenues,
from state and federal assistance and from the proceeds of borrowing
ultimately anticipated to finance such expenditures. The capital budget
shall also indicate the anticipated total project cost and the amount
of debt issuance authorization required to complete each project.
The first year of the capital improvement program shall be the basis
for any expenditures or revenues for capital purposes which are included
in the operating or capital budgets.
[Amended 9-14-1983 by L.L. No. 3-1983[1]]
[1]
Editor's Note: This local law was accepted
for filing by the state as L.L. No. 2-1983.
B.
Adoption of capital budget. The capital budget shall
be submitted, published and adopted as part of the annual budget,
as set forth in § C4-4 of this Charter. No requirements
of law or resolution of the County Legislature that the issuance of
any obligation must be approved by popular vote or by any officer
or board shall be construed to prevent the inclusion thereof in the
capital budget or any amendment thereto.
[Amended 8-28-1980 by L.L. 5-1980]
C.
Amendment of capital budget. At any time after the
adoption of the capital budget, the County Legislature, by the affirmative
vote of 2/3 of its whole membership, may amend the capital budget
and shall provide for the financing thereof. Any such amendment shall
be presented by the Clerk of the Legislature to the County Executive
and the Planning Board not later than 48 hours after the passage of
such amendment. If the County Executive and the Planning Board approve
such amendment, the County Executive shall affix his or her signature
to a statement and return the amendment and such statement to the
Clerk of the Legislature. Such amendment shall then be deemed to have
been adopted. If the County Executive and the Planning Board object
to any such amendment, the County Executive shall notify the Clerk
of his or her objection, in writing, no later than 45 days after receiving
such amendment from the Clerk of the County Legislature, who shall
present the same to the County Legislature at its next regular or
special meeting. The County Legislature shall thereupon enter such
objection upon its journal and proceed to reconsider any amendment.
Only one vote shall be taken upon such reconsideration. If upon such
reconsideration 3/4 of the whole number of members of the County Legislature
vote to approve such amendment, the amendment shall be deemed to have
been adopted. If the notice of objection is not received by the Clerk
of the Legislature within 45 days after the receipt by the County
Executive of such amendment from the Clerk of the Legislature, such
amendment shall be deemed to have been adopted.
[Amended 8-28-1980 by L.L. No. 5-1980]
D.
Closing of capital accounts.
[Added 4-4-1989 by L.L. No. 2-1989,
approved 5-1-1989]
(1)
Whenever the issuance of debt obligations for the
financing of a capital project has been authorized and three years
have elapsed from the date of the resolution authorizing such financing
and no funds have been borrowed, that capital account shall be automatically
closed.
(2)
The County Legislature shall be notified as to the
date of deletion and the capital account number closed out.
[Added 5-8-2007 by L.L. No. 9-2007,
approved 6-8-2007]
A.
Notwithstanding any other provision of this Charter
or of the Monroe County Administrative Code, any budgeted increase
in aggregate appropriations in the Operating Budget for local taxpayer-supported
nonmandated provisions, as defined below, shall not exceed such aggregate
budgeted appropriations for those provisions in the immediately preceding
fiscal year ("prior year appropriations") by more than the increase
in the Consumer Price Index (All-Cities Average CPI-U from the U.S.
Bureau of Labor Statistics) for the twelve-month period ending within
60 days of the budget being submitted to the Legislature by the County
Executive.
B.
Local taxpayer-supported nonmandated provisions shall
mean programs and services which neither federal law nor state law
required Monroe County to provide and/or fund.
