[Adopted 4-26-1999 by Ord. No. 1077 (Secs.
2-71 to 2-74 of the 1979 Code)]
The Town Council finds that it is in the interest
of the residents of the Town of Johnston (hereinafter called the “Town”)
to establish a Johnston Financial Review Board (“Board”)
for the purpose of monitoring the financial operations of the Town
including those of the School Department. Notwithstanding any other
provision of this article, this Board is considered to be strictly
advisory in nature.
A.
The Johnston Financial Review Board shall be composed
of seven members as follows:
B.
Each member of the Board shall be a qualified elector
and resident of the Town or shall be employed by or be practicing
his or her business, occupation or profession in or out of an office
located within the Town. Members appointed by the State Director of
Administration and State Auditor General are exempt from this provision.
C.
A majority of the membership should consist of individuals
with professional expertise in the areas of law, banking, finance,
accounting, business, or government operations.
D.
None of the members shall have any contractual arrangement
with the Town, other than as a member of the Board, or any of its
departments, which provides for compensation or economic benefits
to such person during his or her term on the Board.
E.
No member shall hold elective office in the Town,
nor be a candidate for elective office.
F.
Appointing authorities shall make their appointments
within 15 days of the passage of this article and the Board shall
commence proceedings within 25 days of passage of this article.
G.
Each member of the Board shall serve at the pleasure
of their appointing authority. In no event shall the appointment extend
beyond the tenure of that member's appointing authority and until
his respective successor is appointed and qualified.
H.
The Board may adopt rules of procedure, as it deems
necessary and proper to regulate its meetings.
A.
The Auditor General shall select the Chairperson of
the Board from its membership.
B.
The Board shall meet on a monthly basis, but shall
convene more frequently if circumstances warrant closer monitoring
of the Town's financial condition.
C.
The Board shall serve without salary or per diem allowance.
The Town shall provide secretarial services to the Board for the conduct
of meetings.
D.
All departments, employees, agencies, and elected
and appointed officials of the Town shall be required to cooperate
with the Board. The Board shall have access to all records and books
of account of the Town and may require the attendance of Town officials
and the production of records, papers, contracts, and other documents
relating to any matter within its authority. The Board shall be prohibited
from relating to any matter within its authority. The Board shall
be prohibited from disclosing records considered to be confidential
under state or federal law.
E.
The Board shall remain in existence for five years
to coincide with the time frame for repayment of the deficit funding
bonds. However, it shall remain in existence for a longer period if
deemed necessary by the State of Rhode Island Auditor General or Director
of Administration.
The Johnston Financial Review Board shall have
the following powers and duties:
A.
To monitor the implementation of the recommendations
contained in the Report of the Johnston Financial Review Commission
issued May 8, 1998. This shall include:
(1)
Ascertaining that appropriate timetables have been
established by the Town for implementing each of the Commission's
recommendations, provided that all recommendations be implemented
by June 30, 1999.
(2)
Ascertaining that the task of implementing each recommendation
is assigned to the appropriate responsible individual;
(3)
Monitoring the progress of each recommendation during
the implementation period;
(4)
Reporting to the Auditor General monthly on the Town's
progress, including any matters which may delay implementation.
B.
To analyze all factors affecting the Town's ongoing
financial condition and propose corrective action to the Mayor and
Town Council as needed to help remedy such condition.
C.
To obtain reports and data from the Town, in order
to substantiate revenue estimates to fund the Town's fiscal year operating
budgets and monitor collection of those revenues.
D.
To review expenditures including personnel costs to
ascertain compliance with the adopted budget.
E.
To review and advise the Town on the annual operating
and capital budgets including the School Departments request. This
review by the Board is not a prerequisite or condition to adoption
of the Town budget.
F.
To review and advise the Town on any single expenditure
of $5,000 or more, any collective bargaining agreement or other contract,
or the employment of any person or engagement of any consultant, after
determining its fiscal impact on the Town. The Board shall be given
written notice of any proposed expenditure or action of these types,
and shall have 15 days to review the proposal and comment thereon
prior to an expenditure being made or funds being encumbered or otherwise
committed. This provision shall not apply to expenditures made necessary
by emergencies that directly threaten public health or safety. Emergency
expenditures, encumbrances or commitments shall be reported to the
Board in writing, however, together with information documenting the
emergency, within five days after the occurrence of the emergency.
This subsection is not intended to require approval of the Board for
expenditure of funds, execution of contract or engagement of individuals
or consultants.
G.
To review and advise the Town on any action that would
incur short- or long-term debt by the Town through the issuance of
bonds or notes, or by any other means. The Board shall be given written
notice of any proposed borrowing and shall provide an advisory opinion
within 60 days of receipt of such notice. This subsection is not intended
to require approval of the Board for issuance of debt.
H.
To require the Finance Director to promptly deliver
monthly budget to actual reports for revenues and expenditures; to
require and prescribe the form of any other financial reports to be
made by the Finance Director, Tax Collector, and any department director
or other officer or employee of the Town to keep the Board continually
and promptly informed of the Town's financial condition.
I.
To consult with the Town's auditors during the performance
of each annual audit, receive and review the annual audit report,
and monitor the Town's compliance with developing a corrective action
plan for all management recommendations.
J.
To review the Town's operations as necessary and make
recommendations where applicable to improve productivity and/or reduce
costs. In this regard the Board may work with the Town in establishing
cost review committees comprised of Town employees and/or interested
Town citizens to help find and report cost savings measures to the
Board. The cost review committees shall serve without salary as per
diem allowance and shall have no enforcement powers to cut costs.
K.
To issue a written report quarterly to the Mayor,
Town Council, State Auditor General and State Director of Administration
on the Town's progress in implementing and retaining effective cash
management and financial and budgetary controls. In addition, the
aforementioned officials should be notified immediately if it appears
the Town is in danger of incurring additional deficits, budgetary
problems, or cash flow problems which will prevent Johnston from meeting
its obligations as they come due.
