[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.
(5) 
The budget message, as specified in § A6-10 of the Administrative Code.
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
(4) 
Any combination of Subsection C(1), (2) and (3) above.
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.