RESOLUTION NO. 84 of 2011 DATED: April 26, 2011

WHEREAS, on March 22, 2011 a proposed Local Law for the County of Montgomery, entitled:  “A Local Law Which Empowers The Budget Officer To Authorize Budgetary Transfers” was presented to the Board of Supervisors for consideration, and

WHEREAS, on March 22, 2011 Resolution No. 82 of 2011 was adopted authorizing and directing that a Public Hearing be held by the Board of Supervisors on the 26th day of April 2011, at the time and place appointed, and

WHEREAS, said public hearing has been held,

RESOLVED, that said Local Law, known as Introductory Local Law No. 1 of 2011, entitled: “A Local Law Which Empowers The Budget Officer To Authorize Budgetary Transfers” hereby is adopted and is incorporated as follows:

BE IT ENACTED by the Board of Supervisors of Montgomery County, New York, as follows:

SECTION 1. LEGISLATIVE INTENT:

The Board of Supervisors of the County of Montgomery hereby intends to enact appropriate legislation to bring greater efficiency, responsiveness and accountability to the County budgetary process.  The Board of Supervisors intends to empower the Budget Officer with the authority to make certain budget transfers under certain guidelines.

SECTION 2. COUNTY LAW:

The County Law of the State of New York stipulates that, except as otherwise specified by a County governing body by the adoption of a Local Law or an ordinance, transfers of funds between categories of appropriation expenditure items (objects of expense) of personal services, equipment and contractual services within the same appropriation account may be authorized only by the adoption of a resolution by the governing body.

SECTION 3.  CURRENT AUTHORITY:

The Board of Supervisors of the County of Montgomery hereby empowers the Budget Officer to authorize and approve the transfer of funds within the same appropriation account of the County Budget between the three categories of (a.) personal services; (b.) equipment and (c.) contractual expenses in separate amounts of less than five thousand dollars ($5,000.00) without the necessity of the adoption of a resolution of the Board of Supervisors, subject to the following conditions:

    A.  That such authorization to transfer funds in this manner be given only if the County Department/Agency requesting such transfer has given prior written documentation to explain and justify the fund transfer request;

    B. That the Budget Officer submit a monthly report to the Board of  Supervisors which details and summarizes all such financial transactions;

    C. That such authority be applied only to the extent as may be permissible by the County Law.

    D. That such authority does not apply to transfers from the Contingent Account of any fund of the County Budget.

SECTION 4.  NEW AUTHORITY:

The Board of Supervisors of the County of Montgomery hereby empowers the Budget Officer to authorize and approve the transfer of funds within the same appropriation account of the County Budget between and/or within the six categories of (a.) .1 - personal services; (b.) .2 - equipment; (c.) .4 - contractual expenses; (d.) .6 - social service programs; (e.) .7 - debt service and (f.) .8 - employee benefits in separate amounts of less than five thousand dollars ($5,000.00) without the necessity of the adoption of a resolution of the Board of Supervisors, subject to the following conditions:

    A. That such authorization to transfer funds in this manner be given only if the County Department/Agency requesting such transfer has given prior written documentation to explain and justify the fund transfer request;

    B. That the Budget Officer submit a monthly report to the Board of Supervisors which details and summarizes all such financial transactions;

    C. That such authority be applied only to the extent as may be permissible by County Law;

    D. That such authority does not apply to transfers from the Contingent Account of any fund of the County Budget.

SECTION 5: SAVING CLAUSE:

If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment, decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered and the remainder of this Local Law shall not be affected thereby and shall remain in full force and effect.

SECTION 6.  EFFECTIVE DATE:

This Local Law shall take effect when all applicable statutory requirements for its passage and adoption have been fully complied with and it has been filed in the Office of the Secretary of State, and

FURTHER RESOLVED, that the Clerk of the Board of Supervisors hereby is authorized and directed to file one certified copy thereof in the Office of the Secretary of State and to ensure that it is published in the County’s designated legal newspapers, as required by law.

RESOLUTION ADOPTED with Aye(1628).  Supervisors Johnson and Strevy were absent. (4/26/2011)