HomeMy WebLinkAboutSubmittal-District 1-Miami City Code-Division 1-Anti DeficiencyDIVISION 1. - ANTI -DEFICIENCY ACT*
Note —
See the editor's note to Ch. 2, Art. XII.
Sec. 18-500. - Established.
Sec. 18-501. - Definitions.
Sec. 18-502. - Procedures and implementation.
Sec. 18-503. - Violations of act; penalties.
Secs. 18-504-18-540. - Reserved.
Sec. 18-500. - Established.
SUBMITTED IN'TO THE
PUBUC RECO!D FOR
ITEM ua:Cp N .
Regulations, to be known as the Anti Deficiency Act, are hereby established to provide
mandatory procedures to be used by department directors, the city manager, city attorney, city
clerk, mayor, commissioners, and executive directors of agencies, authorities, trusts, boards, or
commissions funded in whole or in part by the city, with authority to direct obligation or
disbursement of city funds. However, the herein regulations shall not apply to the three City of
Miami Retirement Trusts which are the City of Miami Firefighters' and Police Officers'
Retirement Trust, the City of Miami General Employees' and Sanitation Employees' Retirement
Trust, and the City of Miami Elected Officers' Retirement Trust.
(Ord. No. 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00; Ord. No. 12026, § 2, 2-22-01)
Sec. 18-501. - Definitions.
As used in this article:
Agency or agencies shall mean, including, but not limited to, any agency(s), authority(s), trust(s),
board(s), or commission(s) funded in whole or in part by the city, except the City of Miami
Firefighters' and Police Officers' Retirement Trust, the City of Miami General Employees' and
Sanitation Employees' Retirement Trust, and the City of Miami Elected Officers'. Retirement
Trust.
Authority to direct obligation or disbursement shall mean any permission, approval, consent, or
signature from a department director or executive director of an agency, authority, trust, board,
or commission funded in whole or in part by the city, except for the City of Miami Firefighters'
and Police Officers' Retirement Trust, the City of Miami General Employees' and Sanitation
//- 7.3- Subi,'7'7a. /-'D;stri at 1- 1:11
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Employees' Retirement Trust, and the City of Miami Elected Officers' Retirement Trust (the
"Retirement Trusts"), or a single individual, specifically designated in writing by a department
director or executive director of an agency, authority, trust, board, or commission funded in
whole or in part by the city, except for the Retirement Trusts, and acknowledged and accepted in
writing by the designee, and kept on file within the department, agency, authority, trust, board, or
commission funded in whole or in part by the city, except for the Retirement Trusts, regardless
of form, which permits or authorizes expenditure of funds, excluding documents or forms which
process such authority.
Department directors shall mean directors of all departments of the city including heads of
offices and shall include persons responsible for individual budgets as set forth in the annual
appropriations ordinance. Notwithstanding any delegation of authority for the act of budget
oversight, heads of departments or offices shall not be relieved of responsibility related to this
act.
Executive director shall mean the executive directors of all agencies, authorities, trusts, boards,
or commissions, including heads of offices, funded in whole or in part by the city, and shall
include persons responsible for the individual annual budgets for each agency, authority, trust,
board or commission approved by the city commission, except for the City of Miami
Firefighters' and Police Officers' Retirement Trust, the City of Miami General Employees' and
Sanitation Employees' Retirement Trust, and the City of Miami Elected Officers' Retirement
Trust. Notwithstanding any delegation of authority for the act of budget oversight, the executive
director shall not be relieved of responsibility related to this Act.
Obligational authority shall mean any document, ordinance, resolution or paper, regardless of
form, which grants permission for an expenditure.
(Ord. No. 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00; Ord. No. 12026, § 2, 2-22-01)
Sec. 18-502. - Procedures and implementation.
The procedures set forth herein apply where a continuing ordinance or resolution of the city
commission which specifically directs an expenditure of funds, and identifies a source of funds
to increase the obligation/expenditure authority has not been enacted, extended, or renewed by
the city commission to provide temporary obligational authority. Notwithstanding the adoption
of an ordinance or resolution by the city commission expending funds, any ordinance or
resolution which exceeds an approved departmental or agency budget may be considered
voidable and shall be placed on the next regular city commission agenda by the city manager or
executive director for budget approval and adjustments as deemed appropriate. Nor may any
individual in authority instruct an employee of the city to exceed, without legal authority, the
annual budget appropriation for any department or agency. This following Anti -deficiency Act is
hereby enacted and regulations set forth as follows:
(1)
Submitted Into the public
record in connection wifli
item OH. (P on 712g Hi
Priscilla A. Thompson
City Clerk
This section applies to all obligations chargeable to annual appropriations, and prior year billing,
or multiple -year appropriations which have expired, and for which the obligational authority has
not been extended. This section shall additionally apply to the city manager, department
directors, and executive directors with authority to approve overtime budgets.
(2)
The city manager, assistant city managers, department directors, and executive directors with
authority to direct obligation or disbursement of city funds may not enter into contracts or any
other agreements for the future payment of money in excess of those funds approved in the
current year budget by ordinance or resolution. However, the terms and conditions set forth in
the document related to debt issuance and long-term capital improvement projects and other
approved multi -year agreements shall be controlling.
(3)
Any obligation incurred in excess of an annual departmental or agency appropriation represents a
violation of the AntiDeficiency Act. No such obligation shall be incurred unless the city
commission or city manager through emergency powers, has enacted legislation or exercised
authority extending a department's or agency's obligational authority of a department or agency.
However, should an emergency, defined under state law as any occurrence, or threat thereof,
whether natural, technological, or manmade, in war or in peace, which results or may result in
substantial injury or harm to the population or substantial damage to or loss of property, occur
and temporary obligation authority is authorized, said obligations and authority shall require an
ordinance or resolution for the ratification, approval and confirmation of said action together
with such other necessary actions to ensure a balanced year-end budget by an affirmative
majority vote of the members of the city commission at the next immediate regularly scheduled
meeting of the city commission or special meeting called for that purpose.
(4)
The prohibitions contained herein are applicable to the city manager, department directors, or
executive directors with the authority to verify and/or approve the availability of funds, disburse
or obligate funds for the city. The provisions contained herein apply to the offices of the mayor,
city clerk, city attorney, city commission, the city manager, all departments and agencies budgets
which incorporate overtime budgets and prior year billings, and funds, including but not limited
to non -departmental accounts and the capital improvements program.
(5)
The city manager shall promulgate policies which instruct department directors with authority to
direct obligation or disbursement of city funds to assure compliance with this act.
(6)
Submitted Into the public
record in connection with.
item (1 R. to on -1(28 I I
Priscilla A. Thompson
City Clerk
The city commission shall promulgate policies which instruct executive directors with authority
to direct obligation or disbursement of city funds to assure compliance with this act.
(7)
The official or employee verifying the availability of funds, and/or approving budget authority
and/or certifying a voucher, purchase order or any other paper indicating availability of funds is
responsible for ensuring that the expenditure will not exceed the department's or agency's current
year budget appropriations for that line item.
(8)
Any employee of the city who has knowledge or a reasonably based belief that a budget of the
city may be in violation of this act shall have the right to be heard under the provisions for a
monthly status of the city budget set forth below. Any such person shall not be penalized in any
manner for actions taken to report violation of this act.
(9)
A department director or executive director with obligation or disbursement authority shall be in
violation of this act if he/she willfully withholds invoices, payments, settlement, or any other
instrument of city debt which were incurred and due in the current fiscal year in an effort to
avoid exceeding the approved current year budget.
(10)
The city manager shall have the authority to adjust line items in an amount not to exceed ten
percent of a department's budget so long as the total annual projected expenditures of a
department do not exceed the department's current budget, and said adjustment is verified by the
department of management and budget. Additionally, all proposed budget adjustments between
departments, including capital improvements projects shall require approval by city commission
ordinance or resolution. During the fourth quarter of the fiscal year, any changes or deviations in
excess of $5,000.00 per transaction from the current approved budget for those departments
under the authority of the city manager shall require city manager approval, with the advice and
written concurrence of the member of the city commission designated as the presiding officer, a
copy of which shall be provided to the city clerk.
(11)
The executive director shall have the authority to adjust line items in an amount not to exceed ten
percent of an agency's budget so long as the total annual projected expenditures of the agency
does not exceed the agency's current budget, and said adjustment is verified in a manner using
acceptable accounting principles. During the fourth quarter of the fiscal year, any changes or
deviations in excess of $5,000.00 per transaction from the current approved budget for those
agencies shall require written concurrence of the member of the city commission designated as
the presiding officer, a copy of which shall be provided to the city clerk.
Submitted Into the public'
record in connection wi h
item n R. le on 7I2Sl1
Priscilla A. Thompson
City Clerk
(12)
Notification of possible deficiency. Any department director, executive director or individual
with authority to verify the availability of funds, or direct obligation or disbursement of city
funds who anticipates or has reason to believe that the annual budget of a department or agency
may exceed the sum appropriated in the approved budget ordinance or resolution (a "deficiency")
shall immediately provide written notification to the mayor, the city commission, city manager,
city attorney, city clerk, and the director of the department of management and budget. Said
notification shall include the cause of the deficiencY, the amount of the deficiency and the
recommended remedial action to cure the deficiencY.
(13)
The city manager shall present monthly, except during the month of September, a written report
on the status of the city budget at a city commission meeting. The executive directors of all
agencies shall each present quarterly, except during the month of September, a written report on
the status of the individual agency's budget at a city commission meeting. At a minimum, this
report should generally include, but not be limited to, the following information in a form
acceptable to the city commission: fund summary, revenues by category and expenditures by
major object, revenues by category and expenditure by department, or revenues by minor object-
recurring/non-recurring, expenditures by minor object-recurring/non-recurring, revenues by
minor object -recurring, revenues by minor object -non -recurring, expenditures by minor object -
recurring, expenditures by minor object -non -recurring, bank reconciliation memo, cash positions
for all funds, investments outstanding as of the preceding month, cash received year to date, cash
received for the current month or preceding month, human resource personnel reports, including
computation which details sworn or unsworn personnel. The city external auditor shall present
the comprehensive annual financial report or status thereof no later than the end of the second
quarter of each fiscal year. The external auditors engaged by the individual agencies shall each
present the agencies' comprehensive annual financial reports or status thereof no later than the
end of the second quarter of each fiscal year.
(Ord. No. 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00; Ord. No. 12026, § 2, 2-22-01)
Sec. 18-503. - Violations of act; penalties.
(1)
A duly adopted ordinance or resolution shall provide obligational authority and if enacted will
not constitute a violation of this act.
(2)
No provision contained in this section shall be construed to violate fair labor laws or any
provision of the current, approved union contracts, or any other legally binding issues which
have been the subject of collective bargaining.
Submitted Into the public
record in connection with
Item n A to on 7/2G id I
Priscilla A. Thompson
City Clerk
(3)
Effective January 1, 2000, the violation of any provisions of this act shall constitute a civil
offense and be punishable by civil penalty in an amount not to exceed $500.00, in a court of
competent jurisdiction. Without regard to culpability, violation of this law may serve as one
element of a basis for employment termination.
(Ord. No. 11727, § 2, 11-17-98; Ord. No. 11890, § 2, 2-10-00)
Secs. 18-504-18-540. - Reserved.
Submitted Into the public
record in connection with
item fl R. on I Ze? 11 I
Priscilla A. Thompson
City Clerk