The Director of Finance shall require each department, office
or agency of the Town, supported wholly or in part by Town funds,
or for which a specific Town appropriation is made, to set forth,
in narrative or other form as the Mayor may prescribe, a program or
programs showing services, activities and work accomplished during
the current year and to be accomplished during the ensuing year.
The Director of Finance shall compile preliminary estimates
for the annual budget. The head of each department, office or agency
of the Town shall, at least 100 days before the end of the fiscal
year, file with the Director of Finance on forms prescribed and provided
by him a detailed estimate of the expenditures to be made by his department,
office or agency, and the revenue other than tax revenues to be collected
thereby in the ensuing fiscal year, and such other information as
may be required by the Town Council or the Mayor.
A.
Not later than 75 days before the end of the fiscal year, the Mayor
shall present a capital program to the Town Council, which may add
items to, delete items from or amend the proposed capital program.
Thereafter, the capital program shall be submitted to the Planning
and Zoning Commission in accordance with the General Statutes, as
amended. After the capital program has been acted upon by the Planning
and Zoning Commission or the Planning and Zoning Commission has failed
to act in accordance with state statutes, the Town Council shall take
final action on and adopt a capital program concerning municipal improvements
and proposed capital projects for the ensuing fiscal year and for
the four fiscal years thereafter. The capital program shall include:
(1)
A clear general summary of its contents;
(2)
A list of all capital improvements which are proposed to be undertaken
during the five fiscal years next ensuing with appropriate supporting
information as to the necessity of such improvements;
(3)
Cost estimates, method of financing and recommended time schedules
for each such improvements; and
(4)
The estimated annual cost of operating and maintaining the facilities
to be constructed or acquired.
B.
This information may be revised and extended each year with regard
to capital improvements still pending or in process of construction
or acquisition.
Not later than 75 days before the end of the fiscal year, the
Mayor shall present to the Town Council a budget consisting of:
A.
A budget message outlining the financial policy of the Town government
and describing in connection therewith the important features of the
budget plan indicating any major changes from the current year in
financial policies, expenditures and revenues, together with the reasons
for such changes, and containing a clear general summary of its contents;
B.
Estimates of revenue, presenting in parallel columns the itemized
receipts collected in the last completed fiscal year, the receipts
estimated to be collected during the current fiscal year, estimates
of the receipts other than property tax to be collected in the ensuing
year, and an estimate of available surplus;
C.
Itemized estimates of expenditures, presenting in parallel columns
the actual expenditures for each department, office, agency or activity
for the last completed fiscal year, and for the current fiscal year
prior to the time of preparing the estimates, total expenditures as
estimated for the current fiscal year, and the Mayor's recommendations
of the amounts to be appropriated for the ensuing fiscal year for
all items; and such other information as may be required by the Town
Council. The Mayor shall present reasons for all his recommendations.
A.
The Town Council shall hold one or more public hearings on the budget not later than 60 days before the end of the fiscal year, at which any elector or taxpayer may have an opportunity to be heard regarding appropriations for the ensuing fiscal year. The Town Council may, through resolution, hold separate public hearings on the general government portion of the budget and the Board of Education portion of the budget. Following receipt of the proposed budget from the Director of Finance and the Mayor, the Town Council shall cause sufficient copies of said proposed budget to be made available for general distribution in the office of the Town Clerk and, at least five days prior to the aforementioned public hearing, the Town Council shall cause to be published in a newspaper having circulation in the Town of Montville a notice of such public hearing or hearings and a summary of the budget or budgets, showing anticipated revenues and the proposed expenditures by functions or departments in the same columnar form as prescribed for proposed budgets by § C704, and shall also indicate the anticipated amount to be raised by taxation. After the public hearing or hearings, the Town Council may, through resolution, adopt the general government portion and the Board of Education portion of the budget separately, with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater than the total of the estimated income. The budget shall not be considered adopted until both the general government portion and the Board of Education portion of the budget have been adopted. After the adoption of the budget, with or without amendment, the budget shall be returned to the Mayor who may, within two business days of action on said budget by the Town Council, veto one or more line items contained in the general government portion of the budget, and/or veto the Board of Education budget, as adopted. (In the event of a change in the General Statutes of the State of Connecticut, as amended, allowing line item vetoes of Board of Education budgets, the power of the Mayor to exercise a line item veto with respect to the Board of Education budget shall be immediately granted by this Charter). In the event that the Mayor exercises a veto, the budget shall thereafter be returned to the Town Council which may, by a two-thirds vote of the entire Council, override the veto of the Mayor with respect to any such veto within seven business days. Within three business days after taking final action on the budget, the Town Council shall file the same with the Town Clerk. The Town Council shall adopt a budget on or before 30 days prior to the end of the current fiscal year. Adoption of the budget shall constitute appropriation of the amounts specified therein as expenditures from the funds indicated.
B.
If the Town fails to adopt a budget on or before 30 days prior to
the end of the current fiscal year, the amounts appropriated for current
operations for the current fiscal year, including borrowing, bonding
indebtedness and contractual obligations, shall be deemed adopted
for the ensuing fiscal year on a month-to-mouth basis, or as required
by contract or law, until such time as the Town Council adopts a budget
for the ensuing year. If the Town fails to adopt a budget on or before
30 days prior to the end of the current fiscal year, the Town Council
shall establish a mill rate and levy taxes in addition to the other
estimated yearly income of the Town, sufficient to pay current expenses
of the Town including borrowing, bonding indebtedness and contractual
obligations with said mill rate and tax levy not subject to a petition
to overrule said resolution or resolutions pursuant to § C803
of this Charter. If a subsequent budget is adopted with expenditures
less than the expenditures for the current fiscal year, including
borrowing, bonding indebtedness and contractual obligations, the difference
shall be applied to offset taxes to be levied for the following budget
year.
A.
Any resolution making a nonbudgeted appropriation of less than 1%
of the current tax levy shall become effective after approval by the
Town Council, provided that the Director of Finance certifies that
there are available unappropriated general fund resources in excess
of the proposed appropriation. Such appropriation shall not exceed
accumulatively 2% of the current tax levy in the current fiscal year.
B.
Any nonbudgeted appropriation in excess of the limitations in § C705A, Subsection A, above shall become effective only after it has been approved by resolution of the Town Council, provided that the Director of Finance certifies that there are available unappropriated general fund resources in excess of the proposed appropriation, and adopted at a Town meeting called for that purpose by a majority vote of the qualified voters present and voting. This provision shall not apply to any nonbudgeted appropriation which exceeds 5% of the current tax levy in the current fiscal year.
C.
No Town meeting shall increase the amount of any bond issue or appropriation
above the amount recommended by the Town Council or make any appropriations
not recommended by the Town Council.
D.
After the same has been approved by the Town Council, and after the
Director of Finance certifies that there are available unappropriated
general fund resources in excess of the proposed appropriation, any
nonbudgeted appropriation of more than 5% of the current tax levy
shall be submitted to the electors and eligible taxpayers of the Town
of Montville at a referendum, the date of which shall be established
by the Town Council. Approval of the appropriation at referendum shall
require a simple majority of those voting in the referendum.
For the purpose of meeting public emergency threatening the
lives, health or property of citizens, emergency appropriations, the
total amount of which shall not exceed 5% of the current tax levy
in any one fiscal year, may be made upon the recommendation of the
Mayor and by vote of not less than two-thirds of the entire membership
of the Town Council, provided a public hearing, at which any elector
or taxpayer of the Town shall have an opportunity to be heard, shall
be held prior to making such appropriation, notice of which hearing
shall be given in a newspaper having a circulation in the Town not
more than 10 nor less than five days prior to such hearing. Such hearing
and notice of hearing may be waived if the Town Council by at least
two-thirds of its entire membership shall decide that a delay in making
the emergency appropriation would jeopardize the lives, health or
property of citizens. In the absence of an available unappropriated
and unencumbered general fund cash balance to meet such appropriation,
additional means of financing shall be provided in such manner, consistent
with the provisions of the General Statutes and of this Charter, as
may be determined by the Town Council.
Except as specifically provided in this Charter, the assessment
of property for taxation and the collection of taxes shall be carried
on as provided in the General Statutes of the state.
A.
No purchase shall be made by any department, board, commission or
officer of the Town, except the Board of Education, and the Water
and Sewer Commission exercising its sewer function under § C407
of the Charter, except through the Director of Finance. The Director
of Finance shall record the amount of authorized purchases and contracts
for future purchases as encumbrances against the appropriation from
which they are to be paid. (Nothing herein shall be construed to prevent
the Director of Finance from serving as a purchasing agent for the
Board of Education or the Water and Sewer Commission.) Purchases shall
be made under such rules and regulations as may be established by
the Town Council, provided, if any purchase or contract for purchasing,
including a continuing order or contract for the purchase of the same
commodity or service over a period of time, involves the expenditure
of $10,000 or more, the Director of Finance, unless it be determined
on record by the Town Council to be against the best interests of
the Town, shall invite sealed bids or proposals, giving 20 days'
public notice thereof by publication at least once in a newspaper
having a circulation in the Town, and shall let the purchase or contract
to the lowest acceptable bidder thereon, or may reject all such bids
or proposals. All such sealed bids or proposals shall be opened publicly.
B.
No voucher, claim or charge against the Town shall be paid until
the same has been audited by the Director of Finance or his agent
and approved by him for correctness and validity. Checks shall be
drawn by the Director of Finance for the payment of approved claims,
which shall be valid only when countersigned by the Treasurer. In
the absence or inability to act of either the Director of Finance
or Treasurer with respect to the above duty, the Mayor shall be authorized
to substitute temporarily for either but not both of them.
C.
The Director of Finance shall prescribe the time at which and the
manner in which persons receiving money on account of the Town shall
pay the same to the Town Treasurer.
D.
The several departments, commissions, boards and officers of the
Town shall not involve the Town in any obligation to spend money for
any purpose in excess of the amount appropriated to any such department,
commission, board or officer until the matter has been approved by
the Town Council and each order drawn upon the Treasurer shall state
the department, commission, board or officer and the appropriation
against which it is to be charged.
E.
Unless otherwise directed by the Town Council, at any time during
the fiscal year, transfers of part or all of the unencumbered appropriation
balance in any line item to any other line item within a department,
office or agency of the Town, except the Board of Education and Water
and Sewer Commission exercising its sewer function under § C407
of this Charter, may be effected with the written approval of the
department head and the Director of Finance, except that any such
transfers by the Planning and Zoning Department and the Recreation
Department shall require the consent and approval of a majority of
a duly constituted quorum of the Planning and Zoning Commission and
Parks and Recreation Commission, respectively.
F.
At any time during the fiscal year, the Town Council may by resolution
transfer part or all of any unencumbered appropriation balance from
one department, office or agency of the Town, except the Board of
Education and Water and Sewer Commission with respect to its sewer
function pursuant to the provisions of § C407 of this Charter,
to any other department, office or agency. No transfer shall be made
from any appropriations for debt services and other statutory charges.
G.
Additional appropriations over and above the total budget may be
made from time to time by resolution of the Town Council.
H.
Appropriations for construction or for other permanent improvements,
including items in the capital program, shall be established in funds,
created by resolution of the Town Council. Such funds shall carry
over from year to year until the purpose for which the fund was established
has been accomplished or abandoned as determined by the Town Council,
provided that any appropriation remaining in the fund at its conclusion
shall be transferred to the general funds surplus. Any portion of
all other annual appropriations remaining unexpended or unencumbered
at the close of the budget year shall lapse and be transferred to
the general funds surplus.
I.
Every payment made in violation of the provisions of this Charter
shall be deemed illegal and every official authorizing or making such
payment or taking part therein, and every person receiving such payment
or any part thereof, shall be jointly and severally liable to the
Town for the full amount so paid or received. If any officer or employee
of the Town shall knowingly incur any obligation or shall authorize
or make any expenditure in violation of the provisions of this Charter
or take any part therein, such action shall be cause for his removal.
J.
If at any time during the fiscal year it appears probable to the
Mayor that the revenues available will be insufficient to meet the
amounts appropriated, he shall report to the Director of Finance without
delay, indicating the estimated amount of the deficit and his recommendations
as to the remedial action to be taken. The Town Council shall then
take such further action as it deems necessary to prevent or minimize
the deficit, and for that purpose it may by resolution reduce one
or more appropriations, except of the Board of Education and the Water
and Sewer Commission with respect to its sewer function under § C407
of this Charter.
The Town shall have the power to incur indebtedness by issuing
its bonds or notes as provided by General Statutes, subject to the
limitations thereof and the provisions of this section. The issuance
of bonds and notes (except notes in anticipation of taxes to be paid
within the fiscal year in which issued, and bonds or notes issued
pursuant to the provisions of Chapter 110 of the General Statutes,
as amended, entitled "Uniform Fiscal Year"[1]) shall be authorized upon recommendation of the Town Council
and approval by the Town meeting in accordance with § C802
of this Charter. Any borrowing in excess of 5% of the current tax
levy of the Town of Montville shall be approved at a referendum at
which all electors and eligible taxpayers of the Town of Montville
shall be entitled to participate. A referendum for borrowings in excess
of 5% of the current tax levy of the Town of Montville shall be called
by the Town Council upon 30 days' notice published in a newspaper
of general circulation in the Town of Montville. Approval of such
borrowing at Town meeting or referendum shall require a simple majority
of those voting.
[1]
Editor's Note: See C.G.S. § 7-381 et seq.
The Town shall make no contributions to any organization or
private corporations unless so authorized by General Statutes. No
such contribution of more than $1,000 shall be made to any such organization
or corporation unless the Town is represented on its board by one
or more members nominated thereto by the Town Council. No contribution
shall be made in support of any function at which alcoholic beverages
are served.
The Mayor, Town Clerk, Director of Finance, Treasurer, Assistant
Treasurer, Tax Collector, Director of Public Works and such other
employees as may be required to do so by the Town Council shall, before
entering upon their respective official duties, execute to the Town,
in the form prescribed by the Town Council and approved by the Town
Attorney, and file with the Town Clerk, a surety company bond in a
penal sum to be fixed by the Town Council, conditioned upon honesty
and/or the faithful performance of such official duties. Nothing herein
shall be construed to prevent the Town Council, if it seems to be
in the best interests of the Town, from prescribing a name schedule
bond, schedule position bond, or blanket bond, or from prescribing
which departments, offices, agencies, boards or commissions shall
be covered by a specific type of aforementioned bond. Premiums for
such bonds shall be paid by the Town.
