[Amended 11-7-1978]
The fiscal year of the town shall begin on the first day of
July and end on the last day of the following June, commencing with
the fiscal year beginning July 1, 1979. Notwithstanding the provisions
of Sections 8.53 through 8.55 of this Home Rule Charter, the Town
Council is authorized, by resolution passed by the affirmative votes
of a majority of the members of the Town Council, to finance the cost
of operating the Town of Coventry for the period March 1 through June
30, 1979, through either the issuance of bonds, notes, or otherwise.
Bonds may be issued, notes sold, or any other action may be taken
by the Town Council for the financing of said period without a vote
of the electors.
Taxes shall be due and payable on a day fixed by the Town Council.
The Town Council shall further provide the installments in which taxes
may be paid without penalty, the dates on which penalties for nonpayment
shall apply, and the rate of such penalties.
[Amended 11-2-2010]
The general budget shall be composed of two sections:
(a)
The capital improvement program and capital budget; and
(b)
The operating budget which shall provide a complete financial plan
for the budget year. It shall contain three (3) parts:
1.
The operating budget message is prepared by the Town Manager and
gives a general summary of the principal sources of anticipated revenue,
with amounts to be raised from each source, and a summary of the principal
objects of expenditures, with amounts to be expended for each object.
The message shall make clear how expenditures are to be kept within
anticipated revenue and shall compare the general estimates for the
coming year with the corresponding figures for the past year and the
year in progress.
2.
Detailed estimates of all anticipated revenues applicable to proposed
expenditures together with supporting information. The total of such
anticipated revenues shall at least equal the total of such proposed
expenditures.
3.
Drafted bills prepared by the Town Manager for appropriating revenues
and borrowing if necessary. The bills shall put the details of the
operating budget plan into proper legal form ready for action by the
Town Council.
The Town Council shall direct:
(a)
All agencies, officials, and departments to submit to the Director
of Planning and Development all capital programs or projects requests
on or before a date fixed by the Town Council.
(b)
The Director of Planning and Development shall review all proposals
with the agency, department, or official submitting them. The following
factors, among others, will be taken into consideration:
The recommended capital improvement programs, including the
annual capital budget, shall be forwarded to the Town Manager on or
before a date fixed by the Town Council.
The Town Manager shall forward to the Town Council with comments
the capital improvement program with the included annual capital budget
on or before a date fixed by the Town Council.
The Town Manager shall submit to the Town Council on or before
a date fixed by the Town Council the proposed operating budget and
an accompanying message from the Town Manager. The Town Council may
request the Town Manager to explain the manager's estimates and
recommendations.
(a)
In parallel columns opposite the several items of anticipated revenues
there shall be placed the amount of each such item in the budget of
the last completed year, the amounts of such operating items actually
received during that year, the amount of each such item in the operating
budget of the current fiscal year, the amount actually received to
the time of preparing the operating budget, plus receipts for the
remainder of the current fiscal year estimated as accurately as may
be.
(b)
In parallel columns opposite the several items of proposed expenditures,
there shall be placed the amount of each such item in the operating
budget of the last completed fiscal year, the amounts of such items
actually expended during the year, the amount of each such item expended
to the time of preparing the operating budget, plus expenditures for
the remainder of the current fiscal year estimated as accurately as
may be.
(c)
The estimates of receipts for all departments shall be detailed by
source. The estimates of the expenditures shall be detailed by departments
and the principal subdivisions thereof (offices, boards, commissions,
and agencies of the town) and shall show for each unit the requested
amount broken down by personal service, contractual service, materials
and supplies, fixed charges, and capital outlays.
[Amended 11-2-1999]
The Town Council shall publish in one or more newspapers of
general circulation in the town the general summary of the operating
budget and capital improvement budget and a notice stating:
(a)
The times and places where copies of the message and budgets are
available for inspection by the public.
(b)
The time and place, not less than two weeks after such publication,
for one or more public hearings at which time each item of the proposed
budgets shall be considered and any person shall be heard and shall
be allowed to question in detail not only the Town Council, the Town
Manager, but also any department head including a representative of
the School Committee who has submitted any item of expenditure in
the preceding fiscal year's budget or on the proposed budgets.
(c)
After the public hearings the Town Council may amend the operating
and capital improvement budgets.
(d)
The Town Council shall set aside as part of each annual budget an
amount equal to no less than fifty (50%) percent of monies remitted
to the town by the Tax Administrator of the State of Rhode Island
pursuant to the provisions of R.I.G.L. § 44-25-1 et seq.
the "Real Estate Conveyance Tax", so called. Said funds shall be used
exclusively by the Coventry Land Trust for acquisition and preservation
of open space pursuant to the legislative charter of said land trust.
Such funds shall be used for capital expenditures only and no portion
thereof shall be used for any administrative expenditures.
[Amended 11-2-1999]
If the Town Council has increased the amount of any item or
items, or has added any item or items not included in the budget as
submitted by the Town Manager, the Town Clerk shall forthwith deliver
to the Town Manager a copy of that portion of the record setting forth
such changes. If the Town Manager disapproves of any such change,
the manager shall, within forty-eight (48) hours of his receipt of
the record of changes, file with the Town Clerk a message expressing
the manager's disapproval and giving the reasons thereof. The
Town Council by affirmative vote of four (4) members may over-ride
the Town Manager's disapproval. If the Town Manager's disapproval
is not over-ridden, the change disapproved shall be eliminated.
[Amended 11-2-1976; 11-4-2008, effective 1-1-2009; 11-2-2010; 11-4-2014]
After the public hearing, the Town Council shall present the
capital improvement and operating budgets to the financial town meeting
for adoption by majority vote with or without amendment.
(a)
Date. The Town Council will convene the financial town meeting on
the second Tuesday in June. prior to the start of the next fiscal
year.
(b)
Location. The meeting will be held at the Coventry High School at
seven (7) p.m. Eastern Standard local time.
(c)
Moderator. The Town Council shall appoint a moderator to preside
over the financial town meeting. who shall conduct the meeting as
follows:
1.
Moderator.
The Moderator shall preside over the meeting and shall have
power to manage and regulate the business of the meeting, in accordance
with these rules and in accordance with the provisions of the law
as set forth in General Laws of Rhode Island. chapter 45-3 and otherwise.
The Moderator shall be responsible for maintaining good order
at the meeting. Any person conducting, himself or herself in a disorderly
manner may be ordered to withdraw from the meeting and upon refusal
to do so. the town sergeant may be ordered by the Moderator to remove
the disorderly person.
The Moderator shall permit all registered voters of Coventry
as certified by the Board of Canvassers to attend. The Moderator shall
also permit representatives of the news media, the Superintendent
of Schools, school principals and legal counsel to attend.
2.
Right to be heard.
Any voters shall have the right heard and no vote shall be taken
until all persons who desire to be heard on the subject of the vote
have been heard.
All questions and statements shall be directed through the Moderator
and no person shall be heard until recognized by the Moderator.
3.
Motions.
There shall be a main motion and a second on each question presented
prior to any discussion or other motions.
One amendment at a time shall be permitted to any main motion.
No further amendment shall be entertained until the pending amendment
is disposed of.
If an amendment is adopted, then the main motion is amended
and further amendments to the motion as amended shall be in order,
or, if there are none, then a vote shall be taken on the main motion
as amended.
If an amendment is defeated, then further amendments to the
main motion shall be in order, or, if there are none, then a vote
shall be taken on the main motion.
4.
Voting.
Prior to calling for a vote on any question the Moderator shall
obtain a count from the canvassers on the number of qualified electors
of the town present and will then call for the vote.
The vote shall be taken by a standing vote or ballot as determined
by the Moderator, provided that the vote must be taken by ballot if
a voter shall call for the same and the call is supported by one-fifth
of the voters present. The counting of votes shall be conducted by
the Boards of Canvassers under the direction of the Moderator, and
the outcome shall be reported to the Moderator.
All questions shall be decided by a majority of the voters present.
(d)
Amendments. In amending the budgets, the financial town meeting 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 operating
budget shall increase expenditures to an amount greater than the total
of estimate income.
1.
Proposals to amend shall be in writing, and may address the general
budget as a whole, or individual sub-sections thereof.
2.
An all-day referendum shall be required on any changes to the capitol
improvement and operating budget by a sum of one hundred eighty thousand
dollars ($180,000) or more, to be adjusted every year by the change
in the Consumer Price Index in January preceding the financial town
meeting.
(e)
Failure to adopt. If the town financial meeting fails to adopt the
operating budget before the last day of the current fiscal year, the
amounts appropriated for current operation for the current fiscal
year shall be deemed adopted for the ensuing fiscal year on a month-to-month
basis, with all items in it prorated accordingly, until such time
as the town financial meeting adopts a budget for the ensuing fiscal
year.
(f)
Filing of adopted budget. A copy of the budget, as finally adopted,
shall be filed in the office of the Town Clerk and shall be a public
record.
(a)
Supplemental appropriations. If during the fiscal
year the Town Manager certifies that there is available for appropriation
revenues in excess of those estimated in the budget, a special financial
town meeting may make supplemental appropriations for the year up
to the amount of such excess.
(b)
Emergency appropriations. To meet a public emergency
affecting life, health, property of [or] the public peace, the Town
Council may make emergency appropriations. To the extent that there
are no available, unappropriated revenues to meet such appropriations,
the Town Council may authorize the issuance of emergency notes, which
may be renewed from time-to-time but the emergency notes and renewals
in any fiscal year shall be paid not later than the last day of the
fiscal year next succeeding that in which the emergency appropriated
was made.
(c)
Reduction of appropriations. If, at any time during
the fiscal year, it appears probable to the Town Manager that the
revenues available will be insufficient to meet the amount appropriated,
the manager shall report to the Town Council without delay, indicating
the estimated amount of the deficit, any remedial action taken by
the manager and the manager's recommendations as to any other
steps to be taken. The Town Council shall then take such further action
as it deems necessary to prevent or minimize any deficit and, for
that purpose, it may reduce one or more appropriations.
(d)
Transfer of appropriations. At any time during the
fiscal year the Town Manager may transfer part or all of any unencumbered
appropriation balance among programs within a department, office,
or agency; upon written request by the Town Manager, the Town Council
may transfer part or all of any unencumbered appropriation balance
from one department, office, or agency to another.
(e)
Limitations: Effective date. No appropriation for
debt service may be reduced or transferred; no appropriation may be
reduced below any amount required by law to be appropriated or by
more than the amount of the unencumbered balance thereof. The supplemental
and emergency appropriations and reduction or transfer of appropriations
authorized by this section may be made effective immediately upon
adoption.
(f)
Limitations: Approval by the Electors. Nothing in
this section shall prevent the making of contracts or spending of
money for capital improvement projects or other projects, provided
that any payments from the Town's general funds or property taxes
must be approved annually by the electors at an annual or special
financial town meeting. This section shall not apply to projects which
have been approved by the electors in accordance with Section 8.55
of this Charter.
[Amended 11-8-2016]
Every appropriation, except an appropriation for a capital expenditure,
shall lapse at the close of the fiscal year to the extent that it
has not been expended or encumbered. An appropriation for a capital
expenditure shall continue in force until the purpose for which it
was made has been accomplished or abandoned. The purpose of any such
appropriation shall be deemed abandoned if three (3) years pass without
any disbursement from or encumbrance of the appropriation.
At such time as the Town Manager shall specify, each department,
office, or agency shall submit work programs for the ensuing fiscal
year showing the requested allotments of its appropriation by periods
within the year. The Town Manager shall review and authorize such
allotments with or without revision, as early as possible in the fiscal
year. The manager may revise such allotments during the year if the
manager deems it desirable and shall revise them to accord with any
supplemental, emergency, reduced, or transferred appropriations.
No payment shall be made, or obligation incurred, against any
allotment or appropriation except in accordance with appropriations
duly made and unless the Town Manager or the manager's designee
first certifies that there is a sufficient unencumbered balance in
such allotment or appropriation, and that sufficient funds therefrom
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 this Charter shall
be void and any payments so made illegal. Such action shall be cause
for removal of any officer who knowingly authorized or made such payment
or incurred such obligation, and the officer shall also be liable
to the town for any amount so paid. However, except where prohibited
by law, nothing in this Charter shall be construed (1) to prevent
the making or authorizing of payments or making of contracts for capital
improvements, to be financed wholly or partly by the issuance of bonds,
or (2) to prevent the making of any contract or lease providing for
payments beyond the end of the fiscal year, provided that such action
is made or approved by the Town Council.
When action on the general budget has become final, the town
financial meeting shall adopt, and the Town Council shall cause to
be delivered to the tax assessor, a resolution levying and ordering
the assessment and collection of a tax on ratable real estate and
tangible personal property at such rate to be fixed by the tax assessor,
as provided by law, as will, together with the assessment and collection
of a tax on ratable intangible property belonging to the inhabitants
of the town, at rates established in accordance with law, amount in
the aggregate to a minimum and a maximum to be set forth in the resolution.
The minimum shall be equal to the receipts from taxes on property
as estimated in the operating budget as adopted, and the maximum shall
be as set by the town financial meeting.
It shall be the duty of the assessor to prepare a roll including
all property subject to town taxes and deliver the same to the Town
Treasurer on or before a date fixed by the Town Council.
All purchases made and contracts executed on behalf of the town
shall be pursuant to a written requisition from the head of the department,
office, or agency whose appropriation will be charged. No contract
or order shall be issued or payment made to any vendor, unless and
until the Director of Finance shall certify that there is to the credit
of such department, office or agency a sufficient unencumbered appropriation
balance to pay for the supplies, material, equipment, or contractual
services for which the contract or order is to be issued.
If necessary, the town financial meeting shall, by resolution,
authorize the issuance of any notes which lawfully may be issued by
the town in anticipation of taxes to the extent permitted by law.
In any fiscal year, in anticipation of the collection of receipt
of revenues other than the property tax of that fiscal year, the town
financial meeting may, by resolution, authorize the borrowing of money
by the issuance of negotiable notes of the town, each of which shall
be designated "special revenue note for the year. . . ." (stating
the fiscal year.) Such notes may be renewed, but all such notes, together
with the renewals, shall mature and be paid not later than the end
of the fiscal year immediately following the fiscal year in which
the original notes shall have been issued.
All notes issued pursuant to the foregoing sections may be sold
at not less than par and accrued interest, at private sale, without
prior advertisement, by the Director of Finance.
The town may borrow money by issuing its negotiable bonds and
its negotiable notes in anticipation of bonds, pledging the credit
and property of the town to finance any capital project which it may
lawfully construct or acquire.
The Town Council may, by resolution passed by the affirmative
votes of a majority of the members of the Town Council, appropriate
a sum of money for a capital project described in general terms in
the resolution and authorize the issuance of bonds to finance such
project.
No bonds shall be issued pledging the credit of the town unless
submitted to the vote of the electors, at either a general or a special
election, and unless approved by a majority of the electors voting
upon the question.
The faith and credit of the town is hereby pledged for the payment
of the principal and interest on all bonds and notes of the town hereafter
issued pursuant to this Charter, whether or not such pledge be stated
in the bonds or notes, or in the resolution authorizing their issuance.
The town shall levy ad valorem taxes upon all the taxable property
within the town for the payment of such bonds and notes, and interest
thereon, without limitation of rate or amount, subject to the laws
of the state.
In anticipation of the issuance of bonds, the Town Council may,
by resolution, authorize the issuance of negotiable notes. Each such
note shall be designated "Bond Anticipation Note" and, including renewals,
shall mature and be paid within one (1) year after the date of issuance
of the original note or such longer period as may be permitted by
law. Such bond anticipation notes may be sold by the Director of Finance
at private sale, without previous public offering.
Any unexpended and unencumbered balance in a fund created by
an issue of bonds, the whole or any part of which bond issue is outstanding
and unpaid, shall, when such balance is no longer needed for the purpose
for which such fund was created, be employed solely for the payment
of said bonds and the interest thereon.
The Town Council, by resolution or by ordinance, may prescribe
other and further requirements to be complied with in connection with
the borrowing of money and the issuance of bonds, notes, or other
evidence of indebtedness.
