The fiscal year of the city shall begin on July 1 and shall
end on June 30, unless another period is required by the General Laws.
At least 75 days before the beginning of the fiscal year, the
mayor shall call a joint meeting of the city council and school committee,
including the superintendent of schools, to review the fiscal and
financial condition of the city, revenue and expenditure forecasts,
and other relevant information prepared by the mayor in order to develop
a coordinated budget.
At least 45 days before the beginning of the fiscal year, the
mayor shall submit to the city council a proposed operating budget
for all city agencies, which shall include the school department,
for the ensuing fiscal year with an accompanying budget message and
supporting documents. The budget message submitted by the mayor shall
explain the operating budget in fiscal terms and in terms of work
programs for all city agencies. It shall outline the proposed fiscal
policies of the city for the ensuing fiscal year, describe important
features of the proposed operating budget and include any major variations
from the current operating budget, fiscal policies, revenues and expenditures
together with reasons for these changes. The proposed operating budget
shall provide a complete fiscal plan of all city funds and activities
and shall be in the form the mayor deems desirable. The school budget,
as adopted by the school committee shall be submitted to the mayor
at least 30 days before the submission of the proposed operating budget
to the city council. The mayor shall notify the school committee of
the date by which the proposed budget of the school committee shall
be submitted to the mayor.
(a)
Public Hearing - The city council shall publish in at least 1 local
newspaper and post on the city website a notice of the proposed operating
budget as submitted by the mayor. The notice shall state: (i) the
times and places where copies of the entire proposed operating budget
are available for inspection by the public; and (ii) the date, time
and place when a public hearing on the proposed operating budget will
be held by the city council, not less than 14 days after publication
of the notice.
(b)
Adoption of the Budget - The city council shall adopt the proposed
operating budget, which may have amendments, within 45 days following
the date the proposed budget is filed with the city clerk. In amending
the proposed operating budget, the city council may delete or decrease
amounts except expenditures required by law; provided, however, that
except on the recommendation of the mayor, the city council shall
not increase any item in, or the total of, the proposed operating
budget unless otherwise authorized by the General Laws. If the city
council fails to take action on an item in the proposed operating
budget within 45 days after its receipt, that amount shall, without
any action by the city council, become a part of the appropriations
for the year and be available for the purposes specified.
(c)
Availability of the Operating Budget - In addition to any other posting
requirements under law, immediately after the submission of the proposed
budget to the city council, the mayor shall cause the entire budget
document to be posted on the city's website. Said proposed budget
document shall remain posted during the city council's review
process contained in this article. The budget as enacted shall be
posted on the city's website and shall remain there throughout
the fiscal year for which it is in effect. Said budget document shall
reflect any amendments made by the city council and approved by the
mayor and shall indicate that it is the budget in effect for the city.
(a)
Submission - The mayor shall submit a capital improvement program
to the city council at least 180 days before the start of each fiscal
year. The capital improvement program shall include:
(1)
a clear and concise summary of its contents;
(2)
a list of all capital improvements proposed to be undertaken
during the next 5 years, with supporting information as to the need
for each capital improvement;
(3)
cost estimates, methods of financing and recommended time schedules
for each improvement; and
(4)
the estimated annual cost of operating and maintaining each
facility and piece of major equipment involved.
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This information shall be annually revised by the mayor with
regard to the capital improvements still pending or in the process
of being acquired, improved or constructed.
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(b)
Public Hearing - The city council shall publish in at least 1 local
newspaper of general circulation in the city and shall post on the
city's website a notice stating: (i) the times and places where
copies of the entire capital improvement program are available for
inspection by the public; and, (ii) the date, time and place of a
public hearing on the plan to be held by the city council not less
than 14 days after publication of the notice.
(c)
Adoption - At any time after the public hearing but before March
1 the city council shall by resolution adopt the capital improvement
program, which may be amended, provided that each amendment shall
be voted on separately and that an increase in the capital improvement
program as submitted shall clearly identify the method of financing
to accomplish the proposed increase.
The city council shall annually provide for an outside audit
of the books and accounts of the city to be conducted by a certified
public accountant or a firm of certified public accountants, which
has no personal interest, direct or indirect, in the fiscal affairs
of the city or any of its officers. The mayor shall annually provide
to the city council funds sufficient to satisfy the estimated cost
of conducting the audit as presented to the mayor, in writing, by
the city council. The award of a contract to conduct the audit shall
be made by the city council on or before September 15 of each year.
The report of the audit shall be filed in final form with the city
council not later than March 1 in the year following its award. Within
30 days of the filing of the audit report, the city council shall
call a joint meeting with the administration and the independent auditor
to discuss the findings of the independent audit. At least every 5
years, the city council shall conduct a competitive procurement process
to retain these auditing services.
Except as otherwise provided by law, no official of the city
of Fall River shall knowingly or intentionally expend in a fiscal
year sums in excess of the appropriations, awards, grants or gifts
duly made in accordance with law or involve the city in any contract
for the future payment of money in excess of these appropriations,
awards, grants or gifts. It is the intention of this section that
section 31 of chapter 44 of the General Laws shall be strictly enforced.
Any official who violates this section shall be personally liable
to the city for any amounts so expended to the extent that the city
does not recover these amounts from the person to whom the sums were
paid.
Quarterly budget updates shall be made by the mayor or a designee
during the second regular monthly meeting of the city council in the
months of January, April, July, and October.
The mayor shall annually prepare a 5 year long-term financial
forecast of city revenues and expenditures; the forecast shall address
the general financial condition of the city, including, but not limited
to, an identification of factors which will impact the financial condition
of the city and revenue and expenditure trends, including long and
short term debt service to be incurred, a debt management plan, potential
for new or expanded revenues, and any long or short term actions which
may be taken to enhance the financial condition of the city. The forecast
shall be submitted to the city council at least 180 days before the
start of the fiscal year.
Copies of the annual budget, capital improvement program, long
term financial forecast, debt management plan and the annual independent
audit shall be made available on the city website and for public inspection,
at the same time they are made available to the council, and when
the council receives the independent audit report. Copies of such
documents shall also be filed in the office of the city clerk and
the main public library.
