There is hereby established a Department of
Finance, the head of which shall be the Controller.
From the effective date of this Charter until
the expiration of the term of office of the incumbent, the City Administrator
shall serve as the Controller. Thereafter, the Controller shall be
elected by the electors of the City for a term of four years. He shall
be chief fiscal officer of the City and have charge of the administration
of its financial affairs, except as otherwise provided by this Charter
or by law.
[Amended by L.L. No. 5-2004, ref. date 11-2-2004; 8-20-2013 by L.L. No.
3-2013]
The Controller shall serve as the City Treasurer and perform
all the duties now or hereafter assigned by law to a City Treasurer.
Except as otherwise provided by law, it shall be the duty of the Controller
to promote, secure and preserve the financial interests of the City
and he shall:
A. At the direction of the Mayor, obtain from the operating agencies of City government estimates of anticipated appropriations and revenues and otherwise assist the Mayor in the preparation of the proposed operation budget as provided in Article
XVIII of this Charter.
B. Establish,
supervise and maintain a system of central purchasing for so as to
provide for the control of supplies and equipment commonly used by
the departments and agencies of the City government. To carry out
this responsibility, the Controller shall designate a member of his
staff to serve as purchasing agent for the City. The purchasing agent
shall:
(1) Advise and assist the heads of the various departments and agencies
in procuring at the most advantageous pricing and quantities any supplies
and equipment, making use whenever such use is advantageous to the
City of the purchase contracts of the State of New York, subject to
such rules and regulations as the Common Council may establish.
C. On
the Controller's own initiative or on request of the Mayor or agency
heads, conduct studies of the management and operation of the City
departments and agencies and recommend action to improve operational
efficiency and effectiveness of service delivery.
D. Advise
and assist all officers, employees and departments of the City regarding
proper fiscal management of their respective activities and, in conjunction
with this function, to:
(1) Maintain, examine and audit the books and accounts of such officers,
employees and departments, including the Water Department, and prescribe
the form of accounts and financial reports to be used by them, consistent
with the uniform system of accounts prescribed by the State Department
of Audit and Control.
(2) Confirm the deposit of all City moneys into the City treasury by
all officers and employees receiving the same and assure that all
required financial reports are made by all officers and employees
responsible for such reports.
E. Affix
a written certification to all contracts and agreements for the expenditure
of public funds entered into by any official of the City government
that an amount has been appropriated for the particular purpose and
is available therefor or has been authorized to be borrowed pursuant
to the Local Finance Law, and no such contract or agreement shall
be valid until so certified by the Controller. This requirement, however,
shall not prevent the making of a contract for a term exceeding one
year, nor require the City to pay during a fiscal year any amount
larger than is due during that year under the terms of the contract.
F. Transmit
to the Mayor and the Common Council monthly statements of cash on
hand and of classified unencumbered appropriation balances for the
City as a whole and such other financial statements as may from time
to time be required. The Controller at all times shall keep all departments,
boards, commissions or other agencies currently informed of their
classified unencumbered appropriation balances.
G. Receive
and have custody of all moneys paid to the City and disburse City
moneys upon warrant or as otherwise provided by this Charter or by
law.
H. Demand
and receive all moneys and fees owning to the City whenever any person
is indebted to the City in any manner and where the means of collection
of such debt is not otherwise provided by law. When any claim shall
not be collectible by other methods, he shall report the same to the
Corporation Counsel for collection.
I. Keep
all general accounts of the City and of the respective departments,
offices, boards, commissions and agencies thereof and keep separate
accounts for the items of appropriation contained in the City budget
showing the amount of the appropriation, the amount paid therefrom,
the unpaid obligations against such amount and the unencumbered balance.
The Controller shall keep and administer all notes, bonds and other
evidence of City indebtedness and keep and administer all securities
and other forms of negotiable instruments owned by or belonging to
the City.
J. Issue
all checks for payment of money by the City and of the respective
departments, offices, boards, commissions and agencies thereof. No
claim against the City, except for a fixed salary or for the principal
of or interest on indebtedness, shall be paid unless an itemized voucher
therefore, certified by or on behalf on the claimant, in such form
as the Controller shall prescribe, shall have been presented to the
Department of Finance. Notwithstanding any other provisions of this
Charter, no claim other than a claim for a sum certain due by contract
for goods delivered or services rendered shall be paid unless and
until such claim shall also have been presented to and approved by
the Common Council; or such claim shall have been ordered paid by
a court of law.
K. Manage
the funds of the City in such manner as to gain maximum advantages
to the City from interest-bearing investments.
L. At
the direction of the Mayor prepare the Capital Program Report and
account for all funds received and disbursed as they pertain to capital
project revenues, appropriations and expenditures.
M. Have
charge of all central services such as mail distribution, printing
and reproduction and similar services.
N. Subject
to Civil Service Law, Rules and Regulations, appoint, suspend or remove
other officers and employees of the Department of Finance and to fill
such positions as may be authorized for the Department by the Common
Council, subject to Civil Service Law, Rules and Regulations. The
Controller shall designate a member of his staff to act as Deputy
Controller in the event of the Controller's absence or incapacity.
O. Attend
all meetings of the Common Council.