The Commissioner of Finance shall be chief fiscal officer of
the City and shall have and exercise the powers conferred on that
office by this Charter and the laws of the New York State and the
United States, and such duties as the Council may prescribe by ordinance
and local law.
A. Substitute for the Mayor. The Commissioner of
Finance shall act in place of the Mayor in his or her absence or disability.
B. City Tax Collector. The Commissioner of Finance shall collect taxes, assessments, utility fees, and other monies due the City in accordance with Section 4.1 of this Charter.
C. Bursar of City Funds. The Commissioner of Finance
shall disburse City funds only when appropriated by the Council and
on the warrant, subject to pre-audit, of the Commissioner of Accounts.
D. Internal Auditor. The Commissioner of Finance
shall conduct internal audits, as deemed necessary, of randomly selected
City operations annually or on request of the Council. Such audits
shall be presented in writing to the Council and forwarded to the
City Clerk's office for public examination.
E. Custodian of City monies. The Commissioner of Finance shall designate bank accounts for the deposit of City monies and invest City funds in accordance with Section 4.2 of this Charter and the guidelines, rules, and regulations of the State Comptroller and applicable State laws.
F. Keeper of City financial records. The Commissioner of Finance shall maintain complete and accurate financial records in accordance with standards established by the Comptroller of the State of New York and Section 4.3 of this Charter.
G. Budget Chairperson. The Commissioner of Finance shall be Budget Chairperson for the Council and shall be responsible for preparation and administration of a comprehensive budget for the City in accordance with Section 4.4 of this Charter.
H. Certifier of City payrolls. The Commissioner
of Finance shall certify City payrolls. The Commissioner of Finance
may lawfully delegate the above-cited powers, duties, and responsibilities.
The Commissioner shall ensure that employees of the Finance Department
have appropriate skills, work experience, and education to perform
professional quality work. The Commissioner of Finance shall have
immediate responsibility for administering and operating the Finance
Department and shall organize the Department to provide efficient,
cost-effective services. All City departments shall provide the necessary
data, assistance, and information required in the execution of these
powers, duties, and responsibilities.
The Commissioner of Finance shall be responsible for collecting
all taxes, levies, and assessments in the City. The Commissioner shall
calculate the tax rate based on several valuations of properties described
in this section of the Charter and in accordance with the laws of
the State of New York.
4.1.1
Tax rates. On or before January 15 of each year, the
Commissioner of Finance shall submit said tax rates to the County
of Saratoga. The County will then process and deliver tax rolls to
the Commissioner of Finance for collection.
4.1.2
Tax collection. On receipt of completed tax rolls, the
Commissioner of Finance shall announce at a Council meeting receipt
thereof, and that during the time and at a place specified the Commissioner
will receive payment of taxes due.
County and City taxes for the several tax districts shall be
due and payable, without penalty, each year as follows: first quarter
on or before March 1; second quarter on or before June 1; third quarter
on or before September 1; fourth quarter on or before December 1.
All school taxes shall be assessed, levied, and collected in the manner
provided for in Education Law, Real Property Tax Law and other statutes
made and provided.
Levies, assessments, and charges for water and sewer and re-levied
City utilities shall be due and payable on dates prescribed in various
notices provided for in this section.
4.1.3
Tax penalties. County and City taxes for the several
tax districts shall be paid by times set forth, and received without
penalty. If paid within 30 days thereafter a penalty of 6% shall be
imposed and added. Thereafter, an additional 1 1/2% per month
up to a maximum of 15% per annum shall be imposed and added.
All water and sewer levies, assessments, and charges shall be
paid by times set forth; such amounts so paid shall be received without
penalty. If not paid on the due dates, a penalty of 6% shall be imposed.
Any water and sewer levies, assessments, and charges unpaid after
90 days shall be added to the next quarterly assessments of water
and sewer charges. Penalties of all outstanding balances shall be
charged at the same percentage provided herein.
[Amended 5-20-2014 by L.L. No. 2-2014]
4.1.4
Discounts. A discount of 2 1/4% shall be allowed
for the payment of the four quarterly current City and county taxes
on or before March 1 in each year; no other discount shall be allowed.
4.1.5
Tax lien. The prior year's taxes, penalties, charges,
and assessments, if remaining unpaid, will become a lien on October
1 or next business day. The Commissioner of Finance shall publish
a notice of lien for properties that are in default of taxes and assessments
of every name and nature for the year immediately preceding, including
reassessed properties under the Real Property Tax Law of the State
of New York. The notice shall contain a list of properties on which
tax liens are to be levied, with the installments of taxes, assessments,
charges, and penalties due thereon, computed to the day of the lien,
and the estimated associated expenses. The notice shall state that
on October 1, or the next business day (if said date should fall on
Sunday or a legal holiday), the lien will be levied.
Publication of the notice of lien shall be made in the official
newspaper of the City one day prior to the date of the lien and on
the date of the lien. If there are two official newspapers of the
City, the City may elect to place an advertisement in each newspaper.
4.1.6
Cancellation of tax liens. On direction of the Council,
the Commissioner of Finance may cancel any tax lien for the amount
thereon, including interest at 12% per annum.
4.1.7
Tax lien penalties. Tax liens referred to herein shall
bear the interest rate of 1% per month up to a maximum of 12% per
annum from the date thereof.
4.1.8
Redemption. Until the property is claimed through foreclosure
proceeding by the City, the owner or mortgagee of any property on
which a tax lien has been levied may redeem it at any time by paying
the Commissioner of Finance the sum mentioned in the lien with 1%
interest per month, up to a maximum of 12% per annum from the date
of said lien.
4.1.9
Certificate and deed. If the property is not redeemed
as heretofore provided, the Commissioner of Finance shall at the expiration
of two years from the day of the lien have the right to begin In Rem
foreclosure proceedings as provided for in the New York State Real
Property Tax Law.
The Commissioner of Finance shall be the custodian of City monies.
4.2.1
Finance Policy and Procedures Manual. The Commissioner
of Finance shall be responsible for promulgating a Finance Policy
and Procedures Manual for use by City departments, entities, and operations.
The Manual shall standardize procedures and forms and establish regulations
and guidance regarding timely reporting and depositing of City monies,
creation and use of petty cash funds, and other matters the Commissioner
shall deem appropriate in regard to safeguarding and handling City
monies. The Finance Policy and Procedures Manual and any revisions
thereto shall be submitted to the Council for approval and modification
and shall go into effect on approval by the Council or 90 days after
its submission if not acted upon by the Council. The Manual shall
be regularly revised and updated.
4.2.2
Banking service. The Commissioner of Finance shall develop
a request for proposals (RFP) for City banking requirements and shall
solicit proposals and select a vendor, with concurrence of the Council,
that best meets the needs of the City at the most reasonable cost.
4.2.3
Deposit of City monies. The Commissioner of Finance
shall deposit City funds in banking and trust institutions selected
subject to the laws of the State of New York and the United States.
Such depositories shall secure said deposits by furnishing a satisfactory
corporate surety bond or by pledging with the City approved bonds
or securities therefor, for which the Commissioner of Finance shall
be given the receipt.
Other City departments and entities receiving monies in their
official capacity shall deposit such monies in accounts in banks and
trust companies designated by the Commissioner of Finance, in accordance
with procedures established in the Financial Policy and Procedures
Manual.
4.2.4
Investment of City monies. The Commissioner of Finance
shall prepare an investment policy in accordance with Chapter 708, § 39
of the General Municipal Law. The policy shall be adopted or modified
annually by the Council resolution. The policy shall detail the City's
operative policy and instructions regarding investing, monitoring,
and reporting of City funds. The policy shall specify the following:
a.
List of authorized investments.
b.
Procedures to ensure the City's financial interest in investments.
c.
Standards for written agreements consistent with legal requirements.
d.
Procedures for monitoring, control, deposit, and retention of investments
and collateral.
e.
Standards for security agreements and custodial agreements consistent
with legal requirements.
f.
Standards for diversification of investments including types of investments
and firms with which the City transacts business.
g.
Standards for qualification of investment agents with whom the City
transacts business.
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The policy shall be reviewed annually by the Commissioner of
Finance and adjusted as necessary. The policy shall be adjusted whenever
new state legislation is enacted that requires conformity.
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The Commissioner of Finance is authorized to invest monies of
the City in accordance with policies adopted by the Council and as
provided by law, including but not limited to reserve fund monies
and proceeds of obligations.
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The Commissioner of Finance shall be the keeper of City financial
records and shall make them available for inspection.
4.3.1
Accounting systems. The Commissioner of Finance shall
maintain and supervise the general accounting system for the City
government and each of its offices, departments, and entities in accordance
with the uniform system of accounts prescribed by the State Comptroller.
The Commissioner shall keep books for and, together with the Council,
exercise financial budgetary control over each office, department,
and entity.
4.3.2
Payments. No demand against the City for money shall
be paid unless appropriated by the Council, verified by a City official
or employee, audited by the Commissioner of Accounts, and approved
by the Commissioner of Finance.
4.3.3
Annual audit. The City shall have a financial statement
and single audit conducted annually by an independent auditing firm.
The Commissioner of Finance shall solicit proposals from accounting
firms on the basis of scope of services approved by the Council, which
shall award the contract on the basis of best services offered at
most reasonable cost. The Commissioner or the Commissioner's designee
shall coordinate the annual audit, which shall be made available to
the public not later than five business days after issuance by the
independent auditors, and not later than the first public hearing
on the upcoming budget. The annual audit shall be accompanied by a
management letter, and the Commissioner of Finance or the Commissioner's
designee shall coordinate a response, which shall be made available
for public review not later than 45 business days after the issuance
of the letter.
The Commissioner of Finance shall be responsible for preparing
and administering a comprehensive City Budget. The budget shall comprise
an Operations Budget, a Capital Budget, and a Debt Service Budget.
The City Budget shall include all revenues, grants, and payments to
the City for any program purpose and shall also include any off-budget
monies (federal, state matching funds, etc.), enterprise funds, or
contracted operations and programs. No such monies shall be spent
unless appropriated by the Council to the budget of the department
or entity requesting such funds.
4.4.1
The fiscal year. The City's fiscal year shall begin
on the first date of January and end on the last day of December.
4.4.2
Budget preparation. The Commissioner of Finance shall
oversee all meetings relating to the preparation, completion, and
adoption of the City Budget according to the timeline set forth herein
and summarized in Appendix A.[1]
The Commissioner of Finance shall, on or before August 1 of
each year, send a call letter out to all City departments and entities
establishing budget parameters for the upcoming year. The call letter
shall solicit the Mayor, Commissioners, and all City entities for
their budget requests for the ensuing year, which shall be submitted
on forms and in a format provided by the Commissioner of Finance.
Every proposed budget or amendment thereto submitted by any agency,
board, commission, or other entity of the City of Saratoga Springs
shall be submitted in accordance with the provisions of this section
of the Charter.
Departmental budget requests shall be submitted to the Commissioner
of Finance on or before September 15. Each budget request shall contain
a detailed, itemized estimate of the amount of expenditures required
by their respective departments for the ensuing year. The Commissioner
of Finance shall collate and put in order all such requests. The Commissioner
of Finance shall transmit copies of each department's requests to
the Council, as they are received, for their information and comment.
The Commissioner of Finance shall provide a detailed estimate
of the amount of income from all sources, exclusive of taxes, and
a detailed estimate of the amount of tax required to be levied to
defray all expenses and liabilities of each City department or entities
for the ensuing fiscal year.
The Commissioner of Finance, as Budget Chairperson, shall forward
copies of department requests to the Council with whatever information
and analysis the Chairperson considers relevant to understanding each
budget request. The Budget Chairperson shall consult and exchange
views and information with the Mayor and the Council about department
budget requests.
[1]
Editor's Note: Appendix A is included at the end of this Charter.
4.4.3
Budget submission. As Budget Chairperson, the Commissioner
of Finance shall, on completion of consultation with Council members,
prepare a proposed Comprehensive Budget and shall submit it to the
Council at the first regularly scheduled meeting of the Council in
October each year.
4.4.4
Budget content. The proposed Comprehensive Budget submitted
to the Council by the Commissioner of Finance shall contain:
a.
Budget message. The Commissioner of Finance shall prepare
a budget message in writing that shall explain the proposed budget
both fiscally and programmatically. The message shall outline proposed
financial policies of the City for the ensuing fiscal year, describe
important features of the budget, indicate any major changes from
the current year's budget to the proposed budget in finances, expenditures,
and revenues, together with reasons for such changes, summarize the
City debt position, and include other material the Budget Chairperson
deems appropriate.
b.
Financial plan. The budget shall be accompanied by a
preliminary financial plan to include all income and expenditures
of all City funds and activities projected monthly for the fiscal
year.
c.
Standardized format. The budget shall use the most feasible
combination of expenditure classifications by funds, organization
unit, program, purpose, or activity and object.
Each unit and program narrative shall begin with a clear general
summary of its contents and shall show in detail all estimated income,
including the proposed tax levy, and all proposed expenditures, including
debt service, for the ensuing fiscal year. It shall be arranged to
show comparative figures for estimated income and expenditures of
the current fiscal year and actual income and expenditures of the
preceding fiscal year.
d.
Comprehensive Budget. The Comprehensive Budget shall
include the following:
Operations Budget: proposed expenditures for current
operations during the ensuing fiscal year, detailed by offices, departments,
and agencies in terms of their respective work programs, and the method
of financing such expenditures.
Capital Budget: proposed capital projects recommended
by the Capital Program Committee for the ensuing fiscal year, detailed
by purpose, offices, departments, and agencies, and the proposed method
of financing each. Equipment expenditures shall be itemized individually
in the adopted budget and listed under the department and program
for which they are to be purchased for the ensuing budget year. No
equipment may be purchased during the course of the fiscal year that
has not been included on said itemized lists.
Debt Service Budget: complete, comprehensive accounting
of the total debt for which the City had any direct or indirect obligation.
The budget shall itemize any new debt issuance planned for the ensuing
fiscal year and shall list all outstanding debt obligations of the
City, the credit rating of those instruments, the current status of
the City debt load, and remaining debt capacity.
Subsidiary budgets: each utility or entity owned
or operated by the City shall provide detailed income and expenditure
information appended to the budget.
4.4.5
Public notice and hearings. Upon receipt of the proposed
budget from the Commissioner of Finance, the Council shall publish
in the official City newspaper or newspapers a summary of the budget
and a notice stating:
a.
Times and places where copies of the budget message and Comprehensive
Budget are available for inspection by the public.
b.
Time and place, not less than one week after such publication, for
at least two public hearings on the proposed budgets, the first of
which shall be held on or before November 1. The summary and notice
shall be placed on file at the City Clerk's office to be available
for public review.
4.4.6
Budget adoption. In the period from November 1 through
November 30, the Council shall continue to adjust the proposed budget
and shall hold the second public hearing after all adjustments have
been made and agreed on. After public hearings, the Council may adopt
the budget, with or without amendment, by resolution. In amending
the budget, the Council may add or increase programs or amounts, and
may delete or decrease programs or amounts, except expenditures required
by law, judgments against the City, or for debt service.
The Council shall adopt the budget on or before November 30
each year. The total of proposed expenditures shall not exceed the
total of estimated income in the budget adopted by the Council. In
the event that the Council fails to adopt a budget by said date, the
proposed Comprehensive Budget presented to the Council by the Commissioner
of Finance shall become the budget for the ensuing fiscal year. Adoption
of the budget shall constitute appropriations of the amounts specified
therein as expenditures from funds indicated. The property tax therein
proposed shall constitute the levy. On adoption of the budget, the
Commissioner of Finance shall amend the financial plan to reflect
actions of the Council.
4.4.7
Budget Administration. On or before December 31 each
year, the Commissioner of Finance shall prepare the financial plan
that shall project expenditures and income, month-by-month, for the
entire fiscal year. The Commissioner of Finance shall provide a comparison
of expenditures and income to the actual prior fiscal year. Copies
of the aforementioned report shall be available to the public for
review at the City Clerk's office during normal business hours. The
Commissioner of Finance shall be responsible for administration of
the City Budget to ensure, to the extent feasible, that the budget
remains balanced throughout the fiscal year.
4.4.8
Maintaining a balanced budget. If at any time during
the fiscal year it appears probable to the Commissioner of Finance
that revenues available will be insufficient to meet the amount appropriated,
the Commissioner shall report this to the Council without delay. The
Commissioner shall indicate the estimated shortfall, the remedial
action taken by the Commissioner, and the Commissioner's recommendations
for steps to be taken to eliminate or reduce the shortfall. The Council
shall take such further action it deems necessary to prevent or minimize
any deficit, and for that purpose may by resolution reduce one or
more appropriation as allowed by law.
4.4.9
Quarterly financial reports. The Commissioner of Finance
shall submit to the Council, for each quarter, a written financial
report on the status of the City's financial plan. Such financial
plan shall include a comparison of estimated and actual income and
expenditures to date and shall be submitted within 45 days after the
end of each quarter. Each quarterly summary shall be forwarded to
the City Clerk's office and shall be available for public review.
4.4.10
Budget amendments. If during the fiscal year the Commissioner
of Finance certifies to the Council that there are available for appropriations
revenues in excess of those estimated in the budget, the Council may
make supplemental appropriations for the year, by resolution in an
open public meeting and with written justification regarding the requested
supplemental appropriation, up to the amount of monies the Commissioner
of Finance certifies available.
4.4.11
Emergency appropriations. To meet a public emergency
affecting health, property, or public safety, the Council may make
emergency appropriations by unanimous action. If there are no available
unappropriated revenues to meet such emergency, the Council may, by
emergency ordinance, authorize issuance of emergency notes that may
be renewed from time to time. Emergency notes and renewals of any
fiscal year shall not be paid later than the last day of the fiscal
year succeeding that in which emergency appropriation was made.
It shall be lawful for the Council, on occurrence of emergency
and on declaration of emergency by resolution of the Council, to appropriate
from unexpended funds not otherwise designated for specific purposes
by law sufficient funds for the payment of expenses created by such
emergency.
4.4.12
Transfers of monies. Budget transfers of monies shall
require certification of availability by the Commissioner of Finance.
Those transfer requests that exceed 10% of the amount of a budget
line item appropriation shall be accompanied by written explanation.
Transfers for purposes of implementing contract agreements regarding
personal services shall be permitted, notwithstanding the ten-percent
limitation, on approval by the Council. The Council shall approve
no transfer of monies from or to an account for payroll or employee
benefits unless such transfer has been submitted and approved separately
from other transfers. Transfer requests shall be submitted by the
close of business on Thursday before the next Council meeting. Those
received afterwards will be reserved for the following meeting unless
there is an emergency certified in writing by the Council member making
the request. Transfer requests requiring Council approval will be
distributed prior to the meeting for review by the Council.
4.4.13
Payments prohibited. It shall not be lawful for any
City employee to incur or contract any expense or liability for or
on behalf of the City, unless the Council has made an appropriation
concerning such expenses. No payment shall be made or obligation incurred
against any allotment or appropriation except and unless the Commissioner
of Finance first certifies that sufficient funds are or will be available
to cover the claim or meet the obligation when it becomes due and
payable. Any authorization of payment or incurring of obligation in
violation of the provisions of the Charter shall be void.
Nothing contained herein shall prevent the City from providing
from sums made available for such purposes, pursuant to the Local
Finance Law, for payment of any expense necessitated by casualty,
accident, or unforeseen contingency arising after the budget is passed,
provided that provisions of this section shall not apply to or limit
authority conferred pursuant to Local Finance Law for monies to be
collected by special assessments for local improvements.
