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2019 Municipal Budget Act Checklist

MUNICIPAL BUDGET ACT ANNUAL CHECKLIST 

IMPORTANT DEADLINES

  •  Before June 1st – Budget Prepared by CEO & Presented to the Governing Body [11 O.S. §17-205]

  •  Before June 16th – Public Hearing [11 O.S. § 17-208]

  • Publish Notice of Date, Time, & Place of the Hearing and the Budget Summary at Least 5 Days Before the Public Hearing [11 O.S. §17-208]

  • Published on the Municipal Website & in a Newspaper of General Circulation [11 O.S. §17-208]

  • Copies of the Budget Available with the Municipal Clerk [11 O.S. §17-208]

  • Before June 24th – Adopt the Budget by Resolution [11 O.S. §17-209(A)]

  • July 1st – Beginning of the Fiscal Year

  • July 30th – Adopted Budget Transmitted to the State Auditor [11 O.S. §17-209(B)]

 BUDGET BY FUNDS & DEPARTMENTS

  • Does Not Apply to Budgeting by Purpose [11 O.S. §17-217-218]

  • Includes a Budget Summary [11 O.S. §17-206(B)(1)]

  • Includes a Budget Message – Explains the Budget and its Important Features [11 O.S. §17-206(B)(2)]

  • Tabular Form for Each Fund, Itemized by Department & Account Showing:

  • Actual Revenues & Expenditures for the Immediate Prior Fiscal Year [11 O.S. §17-206(B)(4)(a)]

  • Revenues & Expenditures for the Current Fiscal Year as Adopted or Amended [11 O.S. §17-206(B)(4)(b)]

  • Estimates of Revenues & Expenditures for the Budget Year [11 O.S. §17-206(B)(4)(c)]

 IMPORTANT REQUIREMENTS OF THE BUDGET

  • Resolution That the Governing Body Elects to Come Under the Provisions of the Municipal Budget Act [11 O.S. §17-203]

  • Budgeted Expenditures Cannot Exceed the Estimated Revenues [11 O.S. §17-206(C) & 11 O.S. §17-209(A)]

  • No More Than 10% of any Fund can be Budgeted for Miscellaneous Expenses [11 O.S. §17-206(C)]

  • Expenditures Cannot Exceed 90% of Appropriations for Any Fund Until Actual Revenues Equal to Estimate are Received [11 O.S. §17-211(B)(2)]

  • Determine Needs of the Municipality for Sinking Fund Purposes & Include Those Requirements in the Debt Service Fund Budget [11 O.S. §17-207]

  • File the Estimate of Needs with the County Excise Board (11 O.S. §17-209(B))

  • Budget Shall Present a Complete Financial Plan (Past & Anticipated Revenues & Expenditures) [11 O.S. §17-206(A)]

 FISCAL YEAR REVIEW

  • Submit All Contracts That Require Annual Approval

  • Submit Annual Contract Renewals for Approval

  • Determine if Sales Tax Pledges Need to be Renewed or Appropriated

 BUDGET AMENDMENTS/TRANSFER OF FUNDS

  • CEO as Authorized by the Governing Body May Transfer Unexpected/Unencumbered Appropriations from One Department to Another Within the Same Fund (so Long as no Appropriation for Debt Service or Other Appropriation Required by Law or Ordinance is Reduced by Minimums Required) [11 O.S. §17-215(A)]

  • Governing Body May Transfer Enterprise Funds to Another Fund [11 O.S. §17-215(B)]

  • Governing Body May Transfer Funds When the Necessity for Maintaining a Fund Has Ceased [11 O.S. §17-215(C)]

  • Budget Amendments Must be:

    • Adopted by the Governing Body [11 O.S. §17-216(A)]

    • Filed with the Municipal Clerk & the State Auditor [11 O.S. §17-216(C)]

    • Used for Revenues Received or Not to be Received [11 O.S. §17-216(B)]

    • Used for Unexpended or Unencumbered Fund Balances at the End of the Fiscal Year [11 O.S. §17-216(B)]

    • Used if Insufficient Revenues or Emergency Expenditures to Transfer Funds [11 O.S. §17-216(B)]

    • Also Used to Reduce Appropriations [11 O.S. §17-216(B)]

 CONSTITUTIONAL PROVISIONS

  • Ensure Taxes Are Being Levied & Collected for Public Purposes Only [Art. X, Okla Const. §14]

  • Ensure Taxes Levied & Collected for One Purpose Are Not Devoted to Another Purpose [Art. X, Okla Const., §19]

  • Ensure No Appropriations for any Corporation, Association or Individual (No Appropriations for Private Enterprises) [Art. X, Okla Const. §17]

  • Ensure Not Pledging or Loaning its Credit to Any Individual, Corporation, or Association [Art. X, Okla Const. §15]

 REMINDERS

  • Taxpayer May File Protest Against the Levy of Ad Valorem Taxes Within 15 Days  [11 O.S. §17-210]

  • If No Protest is Filed, the Budget & Any Appropriations Thereof Are Legal & Final Unless Amended by the Governing Body [11 O.S. §17-210]

  • Expenditures Incurred, Made, or Authorized Which Exceeds the Fund Balance [11 O.S. §17-211(C)]:

    • Becomes the Obligation of the Officer or Employee

    • Is Not Enforceable Against the Municipality

    • Forfeits Their Office

    • Subject to Civil & Criminal Penalties

    • Expenditure is Void

    • Budget as Appropriated Constitutes an Appropriation for Each Fund [11 O.S. §17-209(C)]

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Accidents Involving Municipal Vehicles - Do Your Employees Know the Proper Actions to Take?

How does your municipality handle a vehicular accident when one of your employees is involved and operating a municipal vehicle? Being prepared and knowing what to do if this happens BEFORE it happens is key to promoting a successful outcome.

Do you have your employee contact their department supervisor? Police Department?  OMAG would certainly suggest a police report be filed, no matter how minor the accident. 

Do they know how to contact an ambulance service if needed?

Do they provide the information on your insurance verification card to the investigating officer?

Have they been advised to make no statement regarding fault at the scene?

Do they know how to assist the other party with the proper method to file a claim with the city?

If appropriate, do they take photos of the accident scene and all vehicles involved?

Are they advised not to make suggestions or recommendations on repair facilities? Making suggestions or recommendations on repair facilities can present uncomfortable situations if that repair facility does not meet the needs of the third party.

These things are very important to be sure that the investigation can be handled correctly. Regardless of whether the city employee feels they are at fault, a thorough investigation should take place to determine liability.  

If you have questions about how to handle a situation like this, or if you need help developing a plan, please contact Randy Stone, Underwriting Director, at (405) 657-1400 or rstone@omag.org

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