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Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending the Administrative Code of Allegheny County, Article 801, entitled "Comprehensive Fiscal Plan," §801.10, entitled "Control and monitoring of expenditures," in order to provide a mechanism for treating certain unbudgeted expenditures.
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WHEREAS, Section 5-801.10 of the Administrative Code of Allegheny County contains provisions requiring that the Chief Executive notify County Council at any time at which it appears probable that revenues or fund balances will not be sufficient to finance expenditures for which appropriations have been authorized; and
WHEREAS, Article IV, Section 2(k) of the Home Rule Charter of Allegheny County also requires that Council authorize the use of County real or personal property; and
WHEREAS, preparations for the G-20 summit to take place within the City of Pittsburgh, Allegheny County, on September 24-25, 2009 have given rise to questions regarding the appropriate handling of expenditures of County funds that were not anticipated when the County's operating or capital budgets were passed, but which are not emergencies insofar as the expenditures are planned in advance and/or made pursuant to contract, grant agreement, or other pre-negotiated agreement; and
WHEREAS, it is the judgment of Council that expenditures of this type may only be made with the approval of County Council, insofar as they create a probability of funding shortfalls, as contemplated by §5-801.10 of the Administrative Code, and/or necessarily involve the use of County real or personal property in the form of equipment, facilities or services rendered pursuant to contract or other pre-negotiated agreement, whether or not reduced to writing; and
WHEREAS, it is further the judgment of Council that the Administrative Code should be amended to explicitly reflect the need for Council authorization for these types of prearranged, unbudgeted expenditures;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1.
Section 801.10 of the Administrative Code of Allegheny County is hereby amended as follows:
§5-801.10. Control and monitoring of expenditures.
A. The Director of the Department of Budget and Finance shall prepare and supply to the Manager, Chief Executive and County Council, the independently elected officers and the Courts such information as will enable the Manager, Chief Executive and County Council, the independently elected officers and the Courts to keep currently acquainted with the financial conditions and prospective receipts and expenditures during the current fiscal year in order to control expenditures in such a manner as to avoid deficits.
B. If at any time during the fiscal year it appears probable to the Chief Executive that the revenues or fund balances available will be insufficient to finance expenditures for which appropriations have been authorized, the Chief Executive shall report such situation to County Council and to the County Controller in writing. The Chief Executive shall indicate the estimated amount of the deficit, take remedial action and recommend other necessary steps. County Council shall take such appropriate action as it deems necessary to prevent or reduce any deficit.
C. If at any time during the fiscal year it appears probable to the Chief Executive that the County will incur any expense, whether in the form of the expenditure of County funds or through the provision of County services, that was not budgeted for in that fiscal year, pursuant to a contract, intergovernmental cooperation agreement, memorandum of understanding or other pre-negotiated agreement, the Chief Executive shall immediately provide written notice to County Council of the extent of the expense or service to be rendered and delineate any existing appropriations that will be used to fund such expenditure or service. In the event that existing appropriations are not adequate to fully cover the expenditure or service to be rendered, the Executive shall also recommend reopening the County's capital and/or operating budget(s) and provide a written recommendation for alterations to be made to existing appropriations to fund the shortfall, as well as written notice of any additional funding that has been secured or is anticipated to fund the shortfall.
SECTION 2.
The provisions of this Ordinance shall become effective immediately upon final approval.
SECTION 4. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 5. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.
PRIMARY SPONSOR: COUNCIL MEMBER DROZD