Montgomery County Seal!

DATED: 2003


Local Law No 6 of 2003 - A local law Empowering the Budget Officer to Authorize Budgetary Transfers Between Expense Categories Within the Same Appropriation Account


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 County Administrator of the
County of Montgomery previously was authorized to 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 under certain conditions.

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 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 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.



Click here for resolution attachment