There shall be a department of finance consisting of the director of finance, the divisions of accounting control, treasury and tax collection, contract and purchase, assessment, and such other organizational units and officers and employees as may be provided by ordinance not inconsistent with the provisions of this Charter.
The director of finance shall be appointed and removed by the mayor as provided in section 5.02. The director of finance shall be a person skilled in governmental accounting, budgeting and financial administration and at the time of the director's appointment need not be a resident of the city or of the State of Rhode Island. The director of finance shall be the chief fiscal officer of the city and as such shall:
(a)
Have and perform so far as the same are consistent with the provisions of this Charter all the powers and duties hitherto assigned to the city auditor.
(b)
Act as head of the division of accounting control until such time as the council may by ordinance set up the headship of that division as a separate office.
(c)
Prescribe the form of all receipts, vouchers, bills, claims, warrants and other papers of documents used related to financial matters and of all accounts and financial records kept by the several departments, boards, commissions, offices and agencies of the city.
(d)
Collect annually, as provided in section 6.02, the estimates of receipts and expenditures for the ensuing fiscal year from the several departments, boards, commissions, offices and agencies of the city, assemble and compile the same for transmission to the mayor and assist him in the preparation of the operating budget, the appropriation ordinance, the capital improvement program and the capital budget.
(e)
Require daily or at such other intervals as the director of finance may deem necessary a report of receipts by each of the departments, boards, commissions, offices and agencies of the city and prescribe the manner in and the time at which moneys received shall be paid into the city treasury.
(f)
Examine all purchase orders, contracts and other documents which create financial obligations on the part of the city and approve the same only upon ascertaining that moneys have been appropriated and allotted for the purpose and that an unencumbered balance is available in such appropriation and allotment to meet the same; provided, that the director of finance may give advance authorization to any department, board, commission, office or agency covering purchases not exceeding twenty dollars for any one item up to a specified total for a period of not more than three months, the appropriation affected being encumbered by the full amount of the authorization when given.
(g)
Prepare and submit to the mayor and council monthly at a time to be fixed by ordinance a report showing:
(1) | The amount of each appropriation with transfers to and from the same and the allotments thereof to the end of the preceding month; |
(2) | The encumbrances charged against each appropriation and allotment during the preceding month; |
(3) | The total of such encumbrances of each appropriation and allotment for the year to the end of the preceding month; |
(4) | The unencumbered balance remaining in each appropriation and allotment thereof at the end of the preceding month; |
The finance director shall also submit at the same time a report showing: | |
(1) | The revenue estimated in the budget to be received from each source; |
(2) | The actual receipts from each source for the preceding month; |
(3) | The total receipts from each source for the year to the end of the preceding month; and, |
(4) | The balance remaining to be collected. |
The director of finance shall also furnish to the head of each department, board, commission, office and agency a copy of the portion of each of the above reports relating to each head's respective department, board, commission, office or agency. The finance director shall also furnish a copy of each of the above reports to each newspaper of general circulation in the city and deposit a copy of each report in the office of the city clerk.
(h)
Prepare and submit annually to the mayor and the council at a time to be fixed by ordinance a complete report of the financial transactions of the city for the preceding fiscal year which shall be a public record open to inspection in the office of the city clerk during business hours.
(i)
Appoint and remove, subject to the provisions of chapter 14, the head of the several divisions of the department and all other officers and employees thereof, provided that in making appointments to positions in any division other than the head thereof the director of finance shall consult with such head.
(j)
Transfer temporarily any employee from one division or subdivision of the department to another for the purpose of meeting seasonal demands for clerical or other service.
(k)
Designate in writing the head of one of the divisions as deputy director who shall in case of absence or disability of the director exercise temporarily all the director's powers and duties. The director of finance shall also authorize under such conditions as the council may prescribe by ordinance one or more employees of the department as the director may deem necessary to affix the director's signature by mechanical means.
(l)
Supervise and be responsible for the efficient performance of the powers and duties conferred or imposed by this Charter on the department of finance and its several divisions and make rules and regulations conceming the operation thereof not inconsistent with the provisions of this Charter and the ordinances of the city.
(Approved at referendum 11/3/1998)
The division of accounting control shall:
(a)
Maintain a general accounting system for the city in conformity with the provisions of this Charter and the best accepted practices in municipal accounting and sufficient to provide financial and budgetary control over the several departments, boards, commissions, offices and agencies of the city.
(b)
Maintain a classification of expenditures as similar as possible to that employed in the operating budget.
(c)
Keep a separate account for each item of appropriation in the appropriation ordinance as affected by transfers to or from the same for the allotments thereof and immediately encumber the same with the amount of each purchase order, payroll or contract approved by the director of finance so as to show at all times the unencumbered balance available for further expenditure.
(d)
Audit before payment all bills, invoices, payrolls and all other claims against the city and approve the same only if proper, legal and correct.
(e)
Inspect and audit the accounts and records of financial transactions maintained in the several departments, boards, commissions, offices and agencies of the city.
(f)
Have such other powers and duties consistent with the provisions of this Charter as may be prescribed by ordinance or the orders of the director of finance.
The division of treasury and tax collection shall consist of the city treasurer and tax collector who shall be the head of the division and of such other employees as may be provided by ordinance. Beginning with the first Monday in January, 1965, or earlier if for any reason the office becomes vacant prior to that day the city treasurer shall be appointed by the director of finance for an indefinite term as provided in section 7.02. The city treasurer shall be a person skilled in accounting, banking and investment practices.
(Approved at referendum 11/3/1998)
a)
The city treasurer shall be the custodian of all moneys belonging to the city and, subject to the provisions of specific trusts, of all moneys held in trust by the city. The city treasurer shall hold the moneys of the city in such separate funds as may be required by law, ordinance or rules and regulations of the director of finance. The city treasurer shall collect all taxes and assessments on behalf of the city and the fees for such licenses are assigned to the treasurer for collection by ordinance or order of the director of finance. It shall be the city treasurer's duty to deposit city moneys in the treasurer's custody in banks or other depositories under the conditions prescribed by law for the deposit of public moneys. It shall further be the duty of the city treasurer to invest the surplus moneys of special funds such as those related to bond retirement and pensions not needed for immediate disbursement, in securities legal for such purposes and subject to the approval of said Board of Investment Commissioners, and to credit the interest or dividends earned thereby to the fund concerned. The city treasurer shall keep such records and accounts of the several funds in the treasurer's charge as may be required by law, ordinance or the rules and regulations of the director of finance, and shall render an annual report of the transactions of the treasurer's division at such time as the director of finance may require. The city treasurer shall be responsible for the disbursement of all city funds; provided that, except in the case of trust funds where the treasurer is bound by the terms of the trust, the treasurer shall pay out no money belonging to the city except by check based upon a payroll, warrant or voucher signed by the head of the department, board, commission, office or agency concerned and approved by the director of finance.
b)
There shall be a board of investment commissioners consisting of the mayor, the chairperson of the committee in charge of budgetary matters of the city council, the finance director, and the city treasurer, all ex officio and three (3) additional members appointed by the mayor who shall not be officers or employees of the city. The appointed members of the board shall be selected on the basis of their knowledge of, and expertise in, investments and finance, and shall serve for a term of three (3) years. Of the three (3) members first appointed by the mayor, one shall serve a term of one year, one shall serve a term of two (2) years and one shall serve a term of three (3) years. The board shall have the control and management of all sinking funds established for the redemption of any bonds or notes issued by the city, or for the redemption of any bonds held by the city. The board shall hold any fire insurance fund, waterworks depreciation and extension fund, or any additional funds which the city council may by ordinance from time to time prescribe.
c)
Any investments in the General Fund be reported to the Finance Committee at the next scheduled meeting.
(Res. No. 06-54, 7/24/1906, § 1, approved at referendum 11/7/1906; approved at referendum 11/3/1998; Res. No. 2010-46, §§ 1, 2, 5/24/2010, approved at referendum 11/2/2010)
The city treasurer with the approval of the director of finance may designate from time to time an employee in the treasurer's division as the treasurer's deputy who in the absence or incapacity of the treasurer shall have and perform all the powers and duties herein conferred or imposed upon the treasurer. The treasurer may also authorize under such conditions as the council may prescribe by ordinance one or more employees in the treasurer's division as the treasurer may deem necessary to affix the treasurer's signature by mechanical means.
(Approved at referendum 11/3/1998)
(a)
The division of contract and purchase shall consist of the purchasing agent who shall be the head of the division, and such other employees as may be provided by ordinance, from time to time. The purchasing agent shall be a person skilled in the areas of governmental or private business purchasing and property control and accountability and the purchasing agent shall have such other skills as the city council may from time to time require by ordinance. The purchasing agent shall be appointed for an indefinite term by the Director of Finance as provided in section 7.02.
(b)
The Board of Contract and Purchase shall consist of the following members:
(1)
The Director of Public Works.
(2)
The Director of Finance.
(3)
The president of the council or his designee shall appoint one (1) private citizen, who shall be a person skilled in governmental or private business purchasing and property control and accountability, appointed in the month of January of each year.
(4)
Two (2) private citizens, who shall be persons skilled in governmental or private business purchasing and property control and accountability, appointed in the month of January of each year by the leader of the majority party in the council.
(5)
Two (2) private citizens, who shall be persons skilled in governmental or private business purchasing and property control and accountability, appointed in the month of January of each year by the council minority leader or if there be no such a minority member of the council then the appointment shall be made by the city chairman of the political party whose endorsed candidate for a city wide council seat received the most votes next after the lowest number of votes cast by the electorate for a successful candidate for a city wide council seat in the preceding election or his designee.
Any vacancy on the Board of Contract and Purchase shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
(c)
The Board of Contract and Purchase shall meet at least twice a month and such meetings shall be held no earlier than 5:00 p.m., Eastern Standard Time and its agenda shall be advertised in a paper of local circulation at least one (1) week prior to the meeting. The exact time, date, place and conduct of said meetings shall be specified by ordinance. All meetings of the Board of Contract and Purchases shall conform in all respects to the State of Rhode Island's Open Meetings Law.
(d)
All contracts awarded by the Board of Contract and Purchases must contain a starting date and a termination or completion date. Any contract which does not have a starting date or termination or completion date shall be void. No contract awarded by the Board of Contract and Purchases shall be extended past its termination date or completion date unless an extension is granted by the Board of Contract and Purchases at a regularly scheduled meeting of the board. Any contract extended past its termination or completion date without a proper vote of the board shall be void.
(e)
No contract awarded by the Board of Contract and Purchases shall be extended or amended if the result of said extension or amendment is to materially alter the terms of the original contract. A material alteration for the purposes of this section is an alteration or extension of a contract which increases the original contract amount by more than fifteen (15%) percent. Any contract which the board wishes to materially alter must be rebid pursuant to the terms and conditions set forth in section 7.09 of this Charter for awarding contracts. Any contract which is materially altered and which has not been rebid is void.
(f)
All bid packages or Request for Proposals issued by the purchasing agent, the Board of Contract and Purchases, the various departments or divisions of city government or any board or commission created by charter or ordinance shall include in their bid packages or Request for Proposals a copy of this section, section 7.07 entitled, "Division of Contract and Purchase." All bidders who receive a bid package or a Request for Proposal and bid shall be presumed to know that any contract which violates any provision of this section is void.
(g)
Any contract which violates the provisions of this section shall be deemed void and the city solicitor at the direction of the mayor or city council, by a majority vote of the council, shall commence suit to recover all moneys expended by the city pursuant to the terms of said void contract.
(Res. No. 94-38, § 3, 6/27/1994, approved at referendum 11/8/1994; approved at referendum 11/3/1998; Res. No. 2008-28, §§ 1, 2, 5/27/2008, approved at referendum 11/4/2008)
The purchasing agent, pursuant to the provisions of this Charter and to such rules and regulations consistent therewith as are established by ordinance, shall purchase for the use of the city and its several departments, boards, commissions, offices and agencies, except the school committee, all supplies, materials, equipment and contractual services, including insurance, and sell all property of the city, real or personal, no longer required for city purposes; provided, that the services of the purchasing agent shall at all times be available to the school committee. The purchasing agent shall further have the following specific powers and duties:
(a)
To establish with the approval of the mayor and after consultation with the heads of the several departments, boards, commissions, offices and agencies standard specifications for all supplies, materials and equipment in common use.
(b)
To prescribe the time of making requisitions for supplies, materials and equipment in common use and the future period for which such requisitions are to provide.
(c)
To establish after consultation with the head of the department, board, commission, office or agency concerned the specifications for any item for which standard specifications are not available.
(d)
To inspect or cause to be inspected all deliveries of supplies, materials or equipment and to cause tests to be made when necessary in order to determine their quality, quantity and conformity with specifications.
(e)
To supervise and control such central storerooms or warehouses as the council may authorize by ordinance, to purchase supplies, materials and equipment from a store's revolving fund if established by appropriation and to recoup such revolving fund by sales from stores to the several departments, boards, commissions, offices and agencies of the city.
(f)
To transfer with the approval of the mayor between departments, boards, commissions, offices and agencies, or sell supplies, materials and equipment determined after consultation with the head of the department, board, commission, office or agency concerned to be surplus, obsolete or unused.
(g)
Any sale of city-owned property except that which has reverted to the city for nonpayment of taxes shall be accomplished in accordance with the following procedure:
(1)
Public notice of any proposed sale of city property shall be given at least once a week for two (2) weeks a newspaper circulated generally in the City of Cranston and this shall be done at least two (2) weeks prior to the acceptance of sealed bids. Such notice shall contain a statement that any and all bids may be rejected and the property may be readvertised. Such notice shall also contain any restrictions placed on the use of the property to be sold as mandated by the city plan commission or established by the city council by a majority vote.
(2)
Prior to the sale of any city property, the city assessor shall appraise the same and determine the current market value thereof. With the approval of the city council, the city assessor may obtain the services of other qualified persons to assist him in such appraisal.
(3)
Sale of city property may be made only to the highest qualified bidder in compliance with the restrictions noted in subsection (1) upon sealed bids to the city council. Any and all bids may be rejected and the property readvertised or removed from the market. No sale of any city property shall be made for less than ninety (90) percent of the appraised value thereof.
(4)
Any city personal property having an appraised value of one thousand ($1,000.00) or less after having been offered for sale unsuccessfully in accordance with subsection (1) may be sold without public notice or public bid as required by this section; and, further, such property may be sold for any reasonable amount irrespective of its appraised value.
(5)
Any sale of real property shall be authorized only by resolution adopted by the affirmative vote of a majority of all members of the city council.
(6)
Any lease or rental of city-owned real property shall be authorized by resolution of the city council. If the city council does not take any action within (40) days of receipt of the proposed lease or rental notice, the lease or rental shall take effect.
(7)
No city property shall be exchanged for other property until an appraisal of all property included in the exchange has been made by the city assessor and the value of the property to be received by the city equals or exceeds the value of the property to be disposed of by the city. Exchange of property must be authorized by resolution passed by an affirmative vote of the majority of the entire city council unless otherwise specified by this Charter.
(h)
To maintain such inventory of all movable property of the city as may be required by ordinance.
(i)
To perform such duties with respect to the letting of contracts for public work or improvement as are hereinafter provided.
(j)
To have such other powers and duties consistent with the provisions of this Charter as may be prescribed by ordinance or by order of the director of finance.
(Res. No. 06-53, 7/24/1906, § 1, approved at referendum 11/7/1906; approved at referendum 11/3/1998)
All purchases and contracts made under the authority of section 7.08 shall be made on the basis of competitive bidding except: (a) Contracts for personal services; (b) purchases of commodities or services the price of which is fixed by a public authority authorized by law to fix rates or prices; (c) purchases or contracts where competitive bidding is dispensed with on the recommendation of the purchasing agent with the approval in writing of a majority of all the members of the board of contract and purchase. Single purchases or contracts involving an expenditure of less than one thousand dollars shall except as above provided be made on the basis of three or more competitive bids which may be obtained informally without advertising and shall be awarded by the purchasing agent to the lowest responsible bidder. Single purchases involving an expenditure of one thousand dollars or more shall except as above provided be made on the basis of sealed bids after such public notice as may be required in the rules and regulations adopted by the council. All such bids shall be opened by the purchasing agent at a time and place specified in such notice, in the presence of the board of contract and purchase or a majority of its members. The purchase or contract shall then be awarded by vote of a majority of all the members of said board to the lowest responsible bidder; provided, that the said board by a vote of a majority of all its members may reject any and all bids, direct the purchasing agent to readvertise for bids, in the case of a commodity to purchase the same in the open market, or refer the whole matter back to the department board, commission, office or agency in which the proposed purchase or contract originated. No transaction which is essentially a unit shall be divided for the purpose of evading the requirement of sealed bids.
Contracts for public works and improvements including those for the construction, reconstruction, repair and maintenance of streets, bridges, sewers and all manner of buildings and other structures shall be let through the division of contract and purchase in the manner provided in section 7.09 and in accordance with the rules and regulations adopted by the council. In advertising for bids the purchasing agent shall act only in respect of projects the financing of which has been certified by the director of finance and shall make use only of such plans and specifications as have been approved by the director of public works and the mayor, or in the case of the construction or enlargement of school buildings and other facilities required for school purposes by the school buildings committee, copies of which have been deposited in the office of the purchasing agent. The published notice shall also contain a clear statement of all the terms and conditions relating to surety bonds and other matters in accordance with such rules and regulations. The board of contract and purchase shall by vote of a majority of all its members award the contract to the lowest responsible bidder but may by vote of a majority of all its members reject any and all bids, direct the purchasing agent to readvertise for bids, or recommend to the council that it authorize the department of public works to execute the work or improvement.
The purchasing agent shall keep in the purchasing agent's office a complete chronological record of all purchases and contracts made or attempted to be made including the name of each bidder, the amount of the bid, an indication of the successful bidder, the originals of all sealed bids and, where competitive bidding was dispensed with, the name of the vendor or contractor, the price paid and the written approval of the board of contract and purchase where required.
(Approved at referendum 11/3/1998)
No purchase shall be made or contract entered into by the purchasing agent or the board of contract and purchase except pursuant to a requisition from the head of the department, board, commission, office or agency whose appropriation is to be charged or in the case of a school building or other facility required for school purposes from the school buildings committee, or in the case of any other public work or improvement from the director of public works, which requisition bears the certificate of the director of finance that there is an unencumbered balance in an appropriation and the allotment thereof or in the proceeds of a loan, grant or gift available for meeting the cost thereof.
The form of all contracts entered into by the city for any purpose shall prior to execution be approved by the city solicitor. All contracts shall be signed by the director of finance and countersigned by the mayor.
The division of assessment shall consist of the city assessor, the board of tax assessment review and such other employees as may be provided by ordinance. The city assessor shall be the head of the division and shall be appointed by the director of finance for an indefinite term as provided in section 7.02. The board of tax assessment review shall consist of three persons who shall be familiar with methods of assessment for property taxation and real estate values in the City of Cranston and who have been at the time of their appointment residents of the city for not less than five years and no more than two of whom shall be members of the same political party. They shall be appointed by the council for overlapping terms of three years. Any vacancy shall be filled by the council for the unexpired portion of the term.
(Approved at referendum 11/3/1998)
The city assessor shall have and perform all the powers and duties which now are or may hereafter be vested by law in the assessors of cities in the State of Rhode Island. The city assessor shall also have such other powers and duties as may be conferred or imposed on the city assessor by this Charter, ordinance or the orders of the director of finance.
(Approved at referendum 11/3/1998)
It shall be the duty of the board of tax assessment review to hear and decide appeals from the assessments made by the city assessor, in the manner and to the extent provided by law. The board shall elect annually as soon as practicable after the first Monday in January one of its members to be chairperson and it shall adopt and amend from time to time rules governing proceedings before it not inconsistent with the laws of the state. The members of the board shall receive such compensation as may be provided by ordinance.
(Approved at referendum 11/3/1998)