2014 -- S 3115
Enacted 07/04/14
RELATING TO TOWNS AND CITIES -- BUDGET COMMISSIONS
Introduced By: Senator Elizabeth A.Crowley
Date Introduced: June 16, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Section 45-9-10 of the General Laws in Chapter 45-9 entitled "Budget Commissions" is hereby amended to read as follows:
45-9-10. Appointment of administration and finance officer upon abolition of receiver where petition filed under Chapter 9 of Title 11 of the United States Code. -- (a) Notwithstanding any general or special law or city or town ordinance to the contrary, this section shall apply upon abolition of a receiver established under this chapter, where petition was filed under Chapter 9 of Title 11 of the United States Code, upon a determination, in writing, by the director of revenue that the financial condition of the city or town has improved to a level such that a receiver is no longer needed.
(b) For a period of five (5) years
after the abolition of a receiver in any such city or town, there shall be in
the city or town a department of administration and finance which that shall
be responsible for the overall budgetary and financial administration of the
city or town. The department shall be under the direction and control of the
officer appointed pursuant to subsection (c) below. The officer shall report to, and be under the charge and direction of, the elected chief executive officer, or in the
case of a municipality without an elected chief executive officer, then the
city or town council. Nothing in this section shall abrogate the powers and
duties of the school committee under any general or special law, except as
specifically provided in this section.
Whenever the term "department of finance" or "finance department" appears in a general or special law or an ordinance, regulation, contract, or other document with reference to the city or town, it shall mean the department of administration and finance of the city or town. Whenever the term "chief financial officer", "director of finance", "financial director" or "treasurer" appears in a general or special law or an ordinance, regulation, contract, or other document with reference to the city or town, it shall mean the officer of the city or town.
(c) The elected chief executive
officer, or in the case of a municipality without an elected chief executive
officer, then the city or town council, shall appoint the officer from a list of three
(3) names submitted by the division of municipal finance, for a term of not
more than five (5) years, as provided in this subsection. The officer shall be
an employee of the city or town who shall be appointed solely on the basis of
administrative and executive qualifications and shall be a person especially
fitted by education, training, and
experience to perform the duties of the office. The officer need not be a
resident of the city or town or the state. In the event of a vacancy in the
office of officer the same process will be used.
(d) While the process of appointing an
officer under subsection (c) is proceeding, the elected chief executive
officer, or in the case of a municipality without an elected chief executive
officer, then the city or town council, may appoint an acting officer.
(e) The appointment, including an acting appointment, or removal of the officer shall not take effect until it has been approved in writing by the division of municipal finance.
(f) The powers and duties of the officer shall include the following:
(1) Coordinating, administering, and supervising all financial services and activities;
(2) Assisting in all matters related to municipal financial affairs;
(3) Implementing and maintaining uniform systems, controls, and procedures for all financial activities in all departments, boards, commissions, agencies, offices, or other units of city or town government the operations of which have a financial impact upon the general fund and enterprise funds of the city or town, and including, but not limited to, maintaining all financial and accounting data and records;
(4) Implementing and maintaining uniform financial data processing capabilities for all departments, boards, commissions, agencies, and offices;
(5) Supervising all financial data processing activities;
(6) Implementing and maintaining uniform budget guidelines and procedures within all departments, boards, commissions, agencies, offices, and other units of city or town government;
(7) Assisting in the development and preparation of all department, board, commission, agency, and office budgets and spending plans;
(8) Reviewing all proposed contracts to which the city or town is party;
(9) Monitoring the expenditure of all city or town funds, including periodic reporting by and to appropriate agencies of the status of accounts;
(10) Reviewing the spending plan for each department, board, commission, agency, and office; and
(11) Providing for the allotment of funds on a periodic basis as provided for in this chapter.
In all cases where the duty is not expressly charged to any other department, board, commission, agency or office, it shall be the duty of the officer to promote, secure, and preserve the financial interests of the city or town.
(g) All department, board, commission,
agency, and office budgets and requests
for budget transfers shall be submitted to the officer for review and
recommendation before submission to the elected chief executive officer, city
or town council, or school committee, as
appropriate. For each proposed appropriation order, lease, or contract arrangement for a term, including more than one fiscal year,;
collective bargaining agreement; and
with respect to any proposed city or town council vote necessary to effectuate
a financial transfer, ordinance revision,
or special legislation which that may require the expenditure of funds or otherwise
financially obligate the city or town for a period in excess of one year,; or with
respect to a vote to authorize a borrowing under a law other than sections §§45-12-4.1,
45-12-4.2 or 45-12-4.3 of the general laws,
the officer shall, if it be the case, submit in writing to the elected chief
executive officer, city or town council,
or school committee, as appropriate, a certification that it is the officer's
professional opinion, after an evaluation of all pertinent financial
information reasonably available, that the city's or town's financial resources
and revenues are, and will continue to be, adequate to support such proposed
expenditures or obligations without a detrimental impact on the provision of
municipal services. If the officer fails to provide this certification within
seven (7) days after a request for such certification from the elected chief
executive officer, city or town council or school committee, the appropriation
order, financial transfer, ordinance revision, special legislation, or borrowing authorization may nonetheless be
approved, but the absence of the certification of the officer shall be
expressly noted in that order or vote.
(h) All departments, officers, boards, commissions, agencies, and other units of the city or town, shall submit budget requests to the elected chief executive officer, or appropriate authority under applicable charter and ordinance provisions, upon the schedule and in the form established by the officer.
(i) Annually, not later than ninety
(90) days prior to the beginning of the municipality's fiscal year, the officer
shall submit a four (4)-year (4) financial plan and a five (5)-year (5)
capital plan to the city or town council that includes all capital needs of the
city or town.
(j) The assessor, treasurer, finance
director, controller, director of information
technology, purchasing agent, director of
human resources, labor relations director and employees performing
similar duties but with different titles shall report to and be under the
direction of the officer. The officer, with the approval of the elected chief
executive officer or appropriate authority under applicable charter and
ordinance provisions, shall appoint all such officers and employees. The
elected chief executive officer, or in the case of a municipality without an
elected chief executive officer, then the
city or town council, may also place
other positions and departments under the direction of the officer.
(k) The officer shall not assume the duties or responsibilities of the treasurer or the finance director and shall not hold an elective office and shall devote the officer's full-time and attention to the officer's duties.
(l) The city or town shall annually appropriate amounts sufficient for the proper administration of the department. If the city or town fails to appropriate such amounts, the division of municipal finance shall direct the general treasurer to deduct the necessary funds from the city's or town's distribution of the city's or town's state aid and shall expend those funds directly for the benefit of the department. The city or town shall annually appropriate amounts sufficient to cover the costs of the administration and finance officer. The state shall annually reimburse the city or town for fifty percent (50%) share of such costs. The city or town at its expense shall provide office space and adequate resources needed by the administration and finance officer in the performance of his/her duties.
(m) The officer shall comply with all
requests of the school department to provide any information relating to the
operation of the school department held within the authority or control of the
officer as the result of the consolidation of school and city or town business
and financial functions under sections §§45-9-3 or 45-9-6. If the officer, or any
employee under the control of the officer, refuses to provide such information
or engages in unreasonable delay, the school department shall notify the
division of municipal finance. The division of municipal finance shall, within
a reasonable time, make a determination whether any such information shall be
provided to the school department which that shall be binding upon the officer and the
school department. The division of municipal finance's determination shall not
be an adjudicatory proceeding reviewable under chapter 42-35 of title 42
of the general laws. Nothing in this
subsection shall abrogate any of the other powers or duties of the school
committee under the general laws.
SECTION 2. This act shall take effect upon passage.
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LC005981
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