The Commissioner of Finance shall conduct the sale of all bonds pursuant to the provisions of the Local Finance Law, and shall keep a record of all indebtedness, bonded or otherwise, of the County.
The Commissioner of Finance shall prepare and submit to the County Executive annually, on such date and on such forms as the County Executive may prescribe, such information as may be required in the preparation of the tentative County budget.
The Commissioner of Finance shall have custody of all insurance policies, surety bonds, deeds to County property and such other instruments as the County Executive may direct. Except as otherwise provided by law, he/she shall file and maintain as public records all original instruments pertaining to real estate and duplicates of all other documents executed, issued or received for the County by any officer or unit thereof; provided, however, that upon the sale of any real estate of the County, the documents relating thereto may be transferred to the purchaser.
The Commissioner of Finance shall make and file with the Comptroller, as the Comptroller shall require, regular statements of all funds and moneys received and disbursed, of whatever name or nature.
In addition to the annual report required by Section 6.02(e) of the Charter, the Commissioner of Finance shall, on or before the 25th day of February, May, August, and November and at such other times as the County Legislature, by resolution, may direct, submit to the County Executive, the Comptroller, and the County Legislature a statement of the financial condition of the County as of the last day of the preceding calendar quarter-year.
[Amended 7-14-1997 by L.L. No. 8-1997]
Such statement shall reflect the aggregate revenues received for general County purposes and for each appropriation account or fund where required by law to be expended for the purpose of such account or fund. It shall also indicate for each such account the amount appropriated, the amount encumbered but remaining unexpended, the aggregate expenditures and the unencumbered balance, together with such other information as the County Executive, Comptroller or County Legislature may require.
Each depository designated by the County Executive pursuant to Section 3.02(g) of the Charter shall, for the benefit of the security of the County and before receiving any such deposit, give to the County a good and sufficient undertaking, approved as to the sufficiency of surety by the County Executive and as to form by the County Attorney. Such undertaking shall specify the amount which the Commissioner of Finance shall be authorized to have on deposit at any one time with such depository. Such undertaking shall provide 1) that such depository shall faithfully keep and pay over, on the order or warrant of the Commissioner of Finance, or other lawful authority, such deposits and the agreed interest thereon, and 2) for the payment of such bonds or coupons as by their terms are made payable at a bank or banks for the payment of which a deposit shall be made by the Commissioner of Finance with such depository. The County Executive may increase the amount which any such depository is authorized to have on deposit at any one time and require additional undertaking therefor. The Commissioner of Finance shall file each such undertaking with the County Clerk.
In lieu of such undertaking, a depository may execute its own undertaking in such form and upon such conditions as may be prescribed by law and as collateral thereto shall deposit with the Commissioner of Finance outstanding unmatured bonds or other obligations of the United States of America, State of New York, or of any county, town, city, village or school district in the State of New York authorized to be issued by law in the face amount at all times at least equal to the amount on deposit less the amount certified by the depository as covered by insurance under the Federal Deposit Insurance Act. The collateral shall be approved as to amount and sufficiency by the Commissioner of Finance accepting the same. The depository shall deposit with the Commissioner of Finance an assignment in blank of such collateral. The Commissioner of Finance shall deliver a certificate of deposit containing a description of the bonds or other securities so deposited as collateral. In the event of a default on the undertaking of any depository and the consequent necessity to complete the assignment in blank, the Commissioner of Finance shall complete the assignment and shall be deemed to be the agent of the assignor for such purpose. The Commissioner of Finance may from time to time require the depository to increase the amount of securities deposited and may from time to time release securities whenever the amount of the balance on deposit shall be lawfully reduced. Upon the withdrawal of all moneys from any depository and the closing and settlement of the account thereof, the Commissioner of Finance may require the surrender of the certificate of deposit and thereupon shall return the securities so deposited as collateral. Whenever, in the judgment of the Commissioner of Finance, it appears that additional facilities for the safeguarding of the securities deposited with him/her are essential, he/she may lease or rent a safety deposit box and the cost thereof shall be audited and paid as a County charge. The depository, with the consent of the Commissioner of Finance, may deposit such securities in a safety deposit box maintained by the depository under the joint control of the depository and the Commissioner of Finance, or if such depository has and maintains a separate trust department, said depository may, with like consent, deliver such securities to said trust department, or may, with like consent, deposit such securities in escrow in the trust department of any other bank within the State of New York to be held by it subject to the joint order of the depository and the Commissioner of Finance, and all expenses in connection therewith shall be borne by the depository.
The Commissioner of Finance shall not be liable for the loss of public funds of the County by reason of the default or insolvency of a designated depository, provided such funds have been deposited in accordance with the provisions of this section. In the event that securities have been deposited as provided in Subsection (b) of this section, such Commissioner of Finance shall be liable to the extent of any loss in excess of the face amount of such securities on deposit at the time of such insolvency.
The Commissioner of Finance shall, on or before the 15th day of September, submit to the County Executive the proposed County tax equalization rates and any other information which the County Executive shall request in connection therewith.
The Commissioner of Finance shall perform, or cause to be performed, all duties in relation to ascertaining, spreading, entering and extending taxes levied by the County Legislature for all state, County, town and special district purposes, and including the preparation of tax rolls and the issuance of tax bills for such taxes. Nothing herein shall be construed to affect the power of the Cities of Poughkeepsie and Beacon to levy and collect state and County taxes on all taxable property within said cities, pursuant to law.
The Commissioner of Finance, and such of his/her deputies, officers and employees as the County Legislature or the County Executive shall require, shall give a surety bond to the County in a sum fixed by the County Legislature conditioned for the faithful performance of his/her duties. Such bond shall be approved as to form by the County Attorney and as to sufficiency of surety by the County Executive, and shall be filed with the County Clerk. It shall be a charge on the County.
The Seal of the County of Dutchess shall be the Seal of the Commissioner of Finance. Such Seal shall be used for all authorized and required purposes.
[Added 12-7-2010 by L.L. No. 3-2011]
There shall be within the Department of Finance an independent Division of Real Property Tax Services under the direction of a Deputy Commissioner of Finance/Director of Real Property Tax Services. The qualifications of the Deputy Commissioner of Finance/Director of Real Property Tax Services shall conform to those prescribed by the State of New York for county directors of real property tax service agencies pursuant to Article 15-A, § 1530 of the New York State Real Property Tax Law. The Deputy Commissioner of Finance/Director of Real Property Tax Services shall be appointed by the County Executive for a term of six years.
The Deputy Commissioner of Finance/Director of Real Property Tax Services shall have all of the powers and perform all of the duties conferred or imposed by Article 15-A of the Real Property Tax Law, including but not limited to the extension of real estate taxes, the issuance of tax bills, the maintenance of County assessment records, the submission to the County Executive of tax equalization rates and the rendering of assistance to assessors throughout the County in the performance of their responsibilities, and shall perform such other and related duties required by the County Executive or County Legislature.