Title...
An Ordinance amending the Administrative Code of Allegheny County, Article 801, entitled "Comprehensive Fiscal Plan," §5-801.09, entitled "Restrictions on expenditures," in order to establish a process for authorizing expenditures from the County's general fund.
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WHEREAS, pursuant to Article IV, §2(b) of the Home Rule Charter of Allegheny County, County Council is vested with the power and duty to "[m]ake appropriations, levy taxes, fees and service charges, and incur indebtedness as permitted by law or this Charter"; and
WHEREAS, pursuant to Article IV, §2(c) of the Home Rule Charter of Allegheny County, County Council is vested with the power and duty to "[a]dopt balanced annual operating and capital budgets as provided in Article VII"; and
WHEREAS, the County maintains a general fund with an unrestricted fund balance that has historically been between approximately $5.5 million and approximately $40 million; and
WHEREAS, withdrawals from this general fund can and have been made by Chief Executives in the past, and, provided that such withdrawals do not result in payment of amounts exceeding existing appropriations for any given line item(s) in the County's budgets, these withdrawals do not currently require notice to or authorization by Council; and
WHEREAS, as noted by the current County Manager at the October 16, 2013 meeting of the Committee on Budget and Finance, the general fund balance is of significant importance to the County insofar as it materially impacts, among other things, the County's bond rating and, accordingly, future debt service costs and ability to obtain financing; and
WHEREAS, it is the judgment of Council that allowing any Chief Executive to unilaterally reduce the County's general fund balance violates the clearly expressed intent of the Charter by removing budgetary authority from the Council and placing it with the Executive, while simultaneously eliminating all transparency with regard to how public funds are spent; and
WHEREAS, the current County Manager also noted at the October 16, 2013 meeting of the Committee on Budget and Finance that he anticipates that the current administration would seek the approval of Council prior to undertaking any expenditure of revenues that would deplete the general fund balance; and
WHEREAS, the County Manager and the Executive's Chief of Staff were specifically designated as an individual who can speak on behalf of the current administration with regard to matters of policy by Chief Executive Fitzgerald at the July 10, 2012 regular meeting of Council: "
they do have the ability to speak for me on policy. I know Mr. Robinson, I think that question came up when you were questioning if they could speak for the administration. And just so you know, they can." (7/10/12 Transcript at 9-10); and
WHEREAS, it is the judgment of Council that the process outlined by the County Manager is desirable and inures to the benefit of the residents and taxpayers of the County, insofar as it properly and transparently vests authority for such expenditures with the entity that bears the power and duty to establish the County's budget and expenditures pursuant to the Charter; and
WHEREAS, it is further the judgment of Council that the process outlined by the County Manager should be codified in order to ensure its uniform application.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference in their entirety herein.
Section 2. Amendment of the Code.
The Administrative Code of Allegheny County, Article 801, entitled "Comprehensive Fiscal Plan," is hereby amended through the amendment of §5-801.09, entitled "Restrictions on expenditures," as follows:
§5-801.09 Restrictions on expenditures and procedure for general fund expenditures.
A. No expenditure shall be made or authorized in excess of the available unencumbered appropriations.
B. In the event that any payment(s) or expenditures will be made after June 1 of any year by or at the request of or approval of the Chief Executive that will reduce the general fund balance below the amount delineated by the County Controller as the general fund balance as of the last day of the prior calendar year, such expenditure shall not be made until authorized by Council through a resolution validly enacted with the affirmative vote of a majority of the seated Members of Council.
C. Under no circumstances shall Council restrict the purposes for which revenues from the County's general fund may be expended to a greater extent than applicable state or federal law do so.
Section 3. Short Title.
This Ordinance shall be known as the Honorable Joseph K. Rhodes ordinance.
Section 4. Effective Date.
The provisions of this ordinance shall take effect immediately upon the date of final approval.
Section 5. Severability. 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 6. Repealer. 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 ROBINSON
CO-SPONSORS: