[Added 4-9-2019 by L.L.
No. 24-2019]
A.
The term "expense budget" shall have the same meaning as that term is used in § C4-6 or any successor law of the Suffolk County Charter.
B.
Not later than 60 days after the adoption of the County expense budget pursuant to § C4-10 of the Suffolk County Charter or any successor law, the County Executive shall submit to the County Legislature a four-year financial plan ("financial plan") consistent with § C4-6 of the Suffolk County Charter or any successor law.
C.
The financial plan shall contain a detailed statement explaining
the main features of the adopted expense budget and a general summary
thereof, with supporting schedules which shall exhibit the aggregate
figures of the adopted expense budget in such manner as to show a
balanced relationship between the total estimated expenditures and
the total estimated income for the fiscal year, and for each of the
next three successive fiscal years. Whenever during a fiscal year
it shall appear probable to the County Executive that the revenue
available for such year will be insufficient to meet expenses, the
financial plan shall include recommendations as to the action which
should be taken to eliminate the difference. The financial plan may
include but not be limited to the assumptions about revenues, expenditures
and the factors affecting them; identify and describe all reserves
and all unreserved fund balances that are available to make one-time
payments and offset unforeseen or unusual expenditure increases or
reductions in revenue; identify and describe contingencies that may
challenge the success of the financial plan, and which may be available
or which may occur to enhance the probability of the success of the
financial plan.
D.
Expenditure and revenue estimates for each of the major funds shall
be at the following summary levels:
E.
The Legislative Budget Review Office will review the financial plan and issue a report within 45 days of submission to the Legislature pursuant to Subsection B of this section. The Presiding Officer of the County Legislature may extend this deadline on the request of the Legislative Budget Review Office, but this extension shall not exceed 30 days.
F.
Nothing contained herein shall be construed to restrict any power
of the County Executive or County Legislature conferred under any
other law, rule or regulation.
[1]
Editor's Note: Former § A4-1, Calendar for submission
of budget information to and by department heads; submission of information
to Suffolk Annual Verification for Economics Task Force, derived from
Charter Sec. 406, as amended 4-22-1980 by L.L. No. 14-1980, was repealed
4-20-1993 by L.L. No. 16-1993.
[Derived from Charter Sec. 407; amended 3-9-1971 by L.L. No.
11-1971; 5-19-1998 by L.L. No. 17-1998; 9-15-2011 by L.L. No. 48-2011]
A.
The County Executive shall forward to the County Legislature a copy
of the departmental estimates and capital requests in advance of the
scheduled public hearings and accompany such estimates and requests
with any proposals he expects to recommend having to do with the elimination,
consolidation, restructuring of or significant addition to any department
or departments.
(1)
Within two weeks after the submission of the County Executive's proposed
operating budget, the County Executive shall submit a budgetary forecast
of cost to continue expenditures of initiatives included in the operating
budget as well as the budgetary impact of nonrecurring or special
revenues projected in the proposed budget for the following year.
(2)
The Suffolk County Legislative Budget Review Office and the County
Executive's Budget Office are hereby directed to undertake the development
of a multiyear operating budget model in 1998. The results of such
model shall be included in the County Executive's proposed 1999 operating
budget with the first quarterly consensus forecast to be presented
to the Legislature on July 1, 1999.
B.
The County Executive shall give reasonable public notice of the scheduled
hearings on departmental estimates and capital requests.
[Derived from Charter Sec. 408(b), (c) and (d); amended 6-9-1970 by L.L. No.
15-1970; 3-9-1971 by L.L. No. 11-1971; 12-28-1971 by L.L. No.
2-1972; 11-18-1972 by L.L. No. 22-1972]
A.
The proposed multiyear expense budget shall be classified by funds
and administrative units and contain the following information for
each administrative unit:
[Amended 10-23-1990 by L.L. No. 4-1991; 5-9-1998 by L.L. No.
17-1998]
(1)
An organization chart.
(2)
A narrative statement of the programs administered by the unit and
relevant statistical information on those programs and the work load
involved.
(4)
A detailed statement as to each line, item, program, expenditure,
revenue, appropriation, existing or proposed positions of employment,
object or sub-object requested for the executive portion of the expense
budget, together with a statement of justification for all lines,
items, programs, expenditures, revenues, appropriations, existing
or proposed positions of employment, objects or sub-objects requested
for said office, including but not limited to factors such as legal
mandates for appropriations, revenue production and cost-benefit analysis.
B.
The proposed capital budget shall be itemized by project and shall
include, for each capital project, information on:
(1)
Estimates of cost.
(2)
Methods of financing.
(3)
Estimated date of completion.
(4)
Estimated first-year operating costs.
(5)
Description of design, location and function.
(6)
In the case of structures, square footage or general size.
(7)
Clear explanation shall be provided for any capital project recommended
for deletion.
[Added 8-14-1984 by L.L. No. 18-1984]
C.
The proposed County budget shall also contain, for the expense budget,
a comparison of all expenditure and revenue items with the actual
expenditures of the last completed fiscal year and with an estimate
of the expenditure and revenue in terms of the current fiscal year
based on actual fiscal data of the past seven months. For the capital
budget, the proposed County budget shall also contain a statement
on the status of all projects completed during the previous fiscal
year and an itemized listing of the status of all projects previously
authorized but not yet completed.
D.
The County Legislature shall not schedule any regular meeting of
the entire County Legislature during the first week of June of any
year or the last week of October of any year so that additional time
will be available for the County Legislature to consider and act upon
the County capital budget and program and the County operating budget,
respectively.
[Added 11-23-1994 by L.L. No. 29-1995[1]]
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the County Executive on 11-18-1994 and was approved
at referendum 11-7-1995.
E.
[2]The Suffolk County Legislative Budget Review Office and
the County Executive's Budget Office shall:
[Added 5-19-1998 by L.L. No. 17-1998[3]]
(1)
Meet on a quarterly basis beginning in April 1998 to review year-to-date
expenditures;
(2)
Project current expenditure trends against adopted expenditure and
review forecasts included in the operating budget; and
(3)
Develop consensus revenue and expenditure forecasts for the next
eight quarters based upon the most current economic and financial
data.
[2]
Editor's Note: Former Subsection E, regarding the proposed
expense budget, as amended 5-27-1986 by L.L. No. 29-1986, was repealed
11-23-1994 by L.L. No. 29-1995. Local Law No. 29-1995 was adopted
by the Legislature after disapproval by the County Executive on 11-18-1994
and was approved at referendum 11-7-1995.
F.
Community College budget.[4]
[Added 2-11-1997 by Res. No. 30-1997; amended 8-4-2009 by L.L. No.
26-2009]
(1)
The Board of Trustees of the Community College will submit an operating
budget request with line-item detail to the County Executive and the
County Legislature, in both printed and electronic form, no later
than the third Friday in April each year unless a later date is mutually
agreed upon. The operating budget request submitted by the College
shall contain a County contribution line.
(2)
The County Executive will submit a recommended budget total and County
contribution to the County Legislature no later than May 31 each year.
(3)
The County Legislature shall hold at least two public hearings on
the Community College's operating budget request prior to approving
a budget total and County contribution.
(4)
The County Legislature shall, by resolution, approve an operating
budget total and County contribution for the Community College no
later than August 15 each year. If the Legislature does not adopt
an operating budget total and County contribution by August 15, the
budget total and County contribution recommended by the County Executive
shall be deemed adopted as submitted.
(5)
The County Executive may approve the Community College operating
budget total and County contribution as adopted by the County Legislature
or he or she may disapprove the budget total and County contribution.
If the County Executive approves the operating budget total and County
contribution as submitted it shall become effective immediately upon
his or her approval. If the County Executive disapproves the operating
budget total and County contribution, he or she shall return the disapproved
resolution to the County Legislature no later than 10 days after such
resolution was submitted to the Office of the County Executive.
(6)
The County Legislature may reconsider the resolution that the County
Executive has returned with his or her disapproval. If, on such reconsideration,
the Legislature approves the budget total/County contribution resolution
by an affirmative vote of 2/3 of the total membership within 15 days
after it was returned to it, but in no event later than August 31,
the resolution shall become effective immediately. If the Legislature
does not timely reconsider the resolution or if, on reconsideration,
the Legislature does not approve the resolution by an affirmative
two-thirds vote of the entire membership, the resolution shall not
take effect and the operating budget total and County contribution
initially recommended by the County Executive shall become effective
immediately.
(7)
At the conclusion of the Community College operating budget process
but in no event later than August 31 of the pertinent calendar year,
the County contribution shall be calculated and certified jointly
by the Director of the Executive's Budget Office and the Director
of the County Legislative Budget Review Office for inclusion in the
recommended County Operating Budget submitted by the County Executive.[5]
G.
These consensus forecasts shall include, but not be limited to:
[Added 5-19-1998 by L.L. No. 17-1998]
(1)
Revenues: real property tax collections, property tax delinquencies,
sales tax revenues, state and federal aid; and
(2)
Expenditures: payroll expenditures on a departmental basis, including
overtime, holiday, terminal, vacation and sick leave payment; health
insurance; insurance liability; supplies and materials; heat, light
and power; social services program expenses; and health programmatic
expenses.
H.
Consensus forecasts for these expenditures and revenue categories
shall be updated against the eight-quarter budget model to be jointly
developed by the two offices and significant (more than 5% or $1,000,000,
whichever is less) deviations are to be reported in writing to both
the Executive and to each member of the County Legislature.
[Added 5-19-1998 by L.L. No. 17-1998]
I.
The budget model shall include a linkage between the capital and
operating budgets to reflect the operating budget impact associated
with implementing the proposed and/or adopted capital budget and program.
[Added 5-19-1998 by L.L. No. 17-1998]
[Derived from Charter Sec. 417; amended 3-9-1971 by L.L. No.
11-1971]
A.
The County Executive shall schedule and conduct hearings in public
on capital proposals. The hearings shall commence on the first day
of March and shall be completed as soon as practicable. If it is not
feasible for the County Executive himself to preside over any hearing
under this section, he may designate a Deputy County Executive or
the Budget Director to preside in his place.
B.
The County Executive shall forward a copy of the capital proposals
to the County Legislature and the Planning Commission in advance of
the scheduled hearings in public.
C.
The County Executive shall give reasonable public notice of the scheduled
hearings on capital proposals.
D.
The County Planning Commission shall file with the County Executive
and the County Legislature its recommendations regarding the capital
proposals in advance of the scheduled hearings in public.
[Derived from Charter Sec. 418; amended 8-14-1984 by L.L. No.
18-1984; 9-22-1984 by L.L. No. 23-1994]
The proposed capital program shall be itemized by project, which
shall be ranked by year and priority. The proposed capital program
shall include for each project:
A.
Estimates of cost.
B.
Methods of financing.
C.
Estimated date of completion.
D.
First-year operating costs.
E.
Description of design, location and function.
F.
In the case of structures, square footage or general size.
G.
Probable impact on physical, economic and social environments.
H.
A clear explanation for any capital project recommended for deletion.
(1)
Commencing in fiscal year 1996, funding for recurring expenses shall
be paid by a transfer from the general fund rather than through the
issuance of debt.
(2)
To respond to changes that occur, this policy shall be subject to
review in 1999 and every five years thereafter. By April 15, 1999,
the Legislative Budget Review Office shall issue a written report
to the Legislature of the impact of this policy on the capital program
and make recommendations for changes.[1]
[Derived from Charter Sec. 433]
Each department head shall submit, not later than the time prescribed
by local law, his requests for allotments for each of the allotment
periods into which the fiscal year has been divided.
[Derived from Charter Sec. 434]
A.
The County Executive may alter any requested allotment by not more
than 10% if within the terms of the appropriation involved as to amount
and purpose.
B.
The County Executive may alter any requested allotment by more than
10% if:
(1)
He notifies the County Legislature of the revision, stating his reasons
therefor in writing; and
(2)
The County Legislature does not pass a resolution declaring that
the proposed revision shall not take effect, by an affirmative vote
of 2/3 of its total membership, within 10 days of receipt of notice
from the County Executive.
C.
If the County Executive does not act on a requested allotment within
the time specified by local law, the request shall be deemed approved
to the extent it is within the terms of the appropriation as to amount
and purpose.
[Derived from Charter Sec. 435]
If the County Executive concludes during the fiscal year that total available revenues during the year will be less than total appropriations for the year, he shall reconsider the work programs and allotments of the several departments and make a revision thereof to prevent expenditures in excess of the amounts available therefor, in accordance with § A4-7 of this Administrative Code.
[Derived from Charter Sec. 436]
Allotments may be revised by the County Executive, using the
same procedures as may have been prescribed by local law and in the
Charter for the making of the original allotment.
[Derived from L.L. No.
9-1969; amended 8-11-1970 by L.L. No. 19-1970; 9-25-1980 by L.L. No.
3-1981]
A.
Construction projects. At the beginning of each fiscal year, the
County official or officials in charge of each project shall proceed
to undertake the preparation of plans and estimates for the capital
projects as approved in the adopted capital budget for that fiscal
year. Such plans and estimates shall be prepared in such a manner
as to show separate estimates for any phase of the project which is
to be bid or processed separately. Upon completion of preliminary
plans and estimates and in the event that the estimated total cost
of the project exceeds the total cost as estimated in the budget or
in the event that the scope of the project has changed significantly
from that which was approved in the capital budget, then, in that
event, the County official in charge of such capital project shall,
before proceeding further on such project, present to the County Executive
a report on the progress of the capital project, showing the latest
estimates, the revised scope of the project and any other information
deemed appropriate or required by the County Executive. The County
Executive shall, if he approves of such change in the adopted capital
budget, submit to the County Legislature a proposal to amend said
capital budget, including therein the information concerning estimates
and the scope of the project as provided to him by the appropriate
County official. The County Executive may, in submitting this proposal
to amend the capital budget, include therein, or in a separate proposal
submitted simultaneously therewith, a request that the Legislature
provide funds consistent with the proposed amendment to the capital
budget. Thereafter, the Legislature may amend the approved capital
budget and may approve the requested funds so as to provide for the
proposed changes; but if the approved capital budget is not so amended,
then no further action shall be taken on that capital project. Following
the preparation of final plans and estimates, if the total estimate
is within the amount as specified in the approved capital budget,
then the County Executive may request the Legislature to provide the
funds on such project and may authorize that bids be taken on such
project. Upon the receipt of satisfactory bids for the project, the
County Executive shall notify the Legislature of the amount of the
bids for such project. If the approved funding for a project is insufficient
to accommodate the awarding of a bid made in accordance with the provisions
of law, then the County Executive may submit a proposal to amend the
capital budget, along with a request for funds consistent with the
proposed amendment, in the same or in a separate proposal. In any
case where bids are received on only a portion of the project, the
County Executive shall so advise the Legislature, and he shall advise
it as to whether the bid exceeds the amount estimated for that portion
of the project. The Legislature may thereafter provide the necessary
funding in accordance with the adopted capital budget in the event
that the bids received are satisfactory.
[Amended 10-10-1989 by L.L. No. 42-1989]
B.
The foregoing provisions of this section shall not apply to any County
district construction project authorized pursuant to Article 5-A of
the County Law, or to any such project authorized pursuant to any
other general or special law, if any portion of the cost there is
assessable against benefited real property.
[Derived from L.L. No.
28-1973]
A.
Section C4-26 of the Suffolk County Charter authorizes the County Executive to transfer funds by executive order from the unencumbered balance of an appropriation to another item within a department if the amount transferred is less than $1,000 or some other amount fixed by local law.
B.
Pursuant to such section, there is hereby delegated to the County
Executive authority to make such intradepartmental transfers to an
amount not to exceed $100,000 or 10% of any unencumbered balance of
an appropriation, whichever is greater, even though such amount is
$1,000 or more; provided, however, that the County Executive may not
delegate to a department head authority to transfer more than $1,000
at any one time.
[Added 12-18-1990 by L.L. No. 41-1990[1]]
A.
No County contract, contract amendment, contract extension or contract
modification shall be executed by any County official other than the
Presiding Officer of the County Legislature; the Deputy Presiding
Officer of the County Legislature; the County Executive; the Chief
Deputy County Executive; a Deputy County Executive; or a County department
head, a County commissioner, a County chief deputy department head,
a County chief deputy commissioner, a County deputy department head
or a County deputy commissioner to whom such authority has been delegated
by a duly enacted resolution of the County Legislature.
B.
No contract, contract amendment, contract extension or contract modification shall be entered into by or on behalf of the County of Suffolk, its departments, agencies, divisions or any entity thereof unless the execution of such contract, contract amendment, contract extension or contract modification has been authorized, approved and/or ratified by a duly enacted resolution of the County Legislature or unless authority to execute such contracts, contract amendments, contract extensions or contract modifications on an annual, periodic, specific or generic basis has been delegated to an official identified in Subsection A of this section by a duly enacted resolution of the County Legislature.
C.
No contract, contract amendment, contract extension or contract modification
which, in any manner, involves the expenditure of money or the incurring
of any pecuniary liability shall be made or entered into by any administrative
unit; the County Executive, the Chief Deputy County Executive, a Deputy
County Executive, a County department head, a County commissioner,
a County chief deputy department head, a County chief deputy commissioner,
a County department head, or a County deputy commissioner unless a
sufficient amount of money has been appropriated and is available
therefor or has been authorized to be borrowed therefor pursuant to
the New York Finance Law.
[1]
Editor's Note: This local law was adopted by the Legislature
after disapproval by the Executive on 12-13-1990.
[Added 2-23-1993 by L.L. No. 4-1993]
A.
All contracts for consulting services shall be awarded by the appropriate officer, board or agency of the County of Suffolk to a consultant that is located and doing business within Suffolk County or Nassau County, anything in Article 5-A of the General Municipal Law to the contrary notwithstanding; except that where there is no local consultant who has the necessary professional expertise or credentials to provide the needed service, or where a local consultant's response to a request for proposals (RFP) exceeds the otherwise lowest response by more than 10%, the contract may be awarded to a consultant not located and doing business within Suffolk County or Nassau County in accordance with Article 5-A of the General Municipal Law and Chapter 1065 of the Suffolk County Code.
[Amended 10-14-2008 by L.L. No. 41-2008]
B.
In the event that the County Executive certifies, in writing, to the County Legislature that a sudden disaster, such as a hurricane, tornado, flood, blizzard, explosion, airplane crash, earthquake, nuclear war, radiological emergency, war, civil unrest or disobedience, act of God or comparable act, has occurred or in the event that a written declaration of such a disaster is adopted in the form of a resolution by an affirmative vote of at least 2/3 of the entire membership of the County Legislature, then the requirement in Subsection A of this section may be waived by the County Executive.
D.
No contract for consulting services shall be awarded by the appropriate
officer, board, or agency of the County of Suffolk to a business previously
incorporated within the United States of America which has reincorporated
outside the United States of America. Any solicitation for services
shall contain a requirement that the successful proposer must be in
compliance with this subsection, and this representation of compliance
shall be a part of the contract with the successful proposer.
[Added 7-2-2004 by L.L. No. 20-2004]
[Added 2-23-1993 by L.L. No. 5-1993]
A.
Prior to making any purchase of supplies, materials or equipment
or entering into a contract for the provision of services or the construction
of public works, the commissioner of the procuring department, the
Purchasing Agent, or the Commissioner of the Department of Public
Works, as the case may be, shall provide an opportunity for competition
under the applicable state and County laws, rules and regulations.
Contracts that are subject to competitive bidding shall be awarded
to the lowest responsible bidder, who shall give security for the
performance of the contract if so required by the awarding officer.
However, the commissioner of the procuring department, the Purchasing
Agent or the Commissioner of the Department of Public Works, as the
case may be, may award such contract to a bidder other than the lowest
responsible bidder where such other bidder is located and doing business
within Suffolk County or Nassau County and submits a bid not exceeding
the otherwise lowest bid by more than 10%, except as follows:
[Amended 12-18-2002 by L.L. No. 6-2003; 10-14-2008 by L.L. No.
41-2008]
(1)
In those instances in which the supply being purchased by Suffolk
County, either directly or through third-party intermediaries, is
a medicine, a prescription drug, an over-the-counter drug, a generic
drug, a brand-name drug, a pharmaceutical, or any other drug, in which
case the contract shall be awarded to the lowest responsible bidder.
The County shall, to the maximum extent feasible, join together with
public institutions, state or local agencies, other agencies, the
Suffolk County Labor/Management Committee for the administration of
the Employee Medical Health Plan (EMHP), other municipalities, private
for-profit entities, and/or private not-for-profit entities for the
purchase of bidding on a large-volume basis for such medicines, prescription
drugs, over-the-counter drugs, generic drugs, brand-name drugs, pharmaceuticals,
or any other drugs in order to qualify for volume discounts or other
favorable price concessions associated with joint purchasing.
B.
In the event that the County Executive certifies, in writing, to the County Legislature that a sudden disaster, such as a hurricane, tornado, flood, blizzard, explosion, airplane crash, earthquake, nuclear war, radiological emergency, war, civil unrest or disobedience, act of God or comparable act, has occurred or in the event that a written declaration of such a disaster is adopted in the form of a resolution by an affirmative vote of at least 2/3 of the entire membership of the County Legislature, then the requirement in Subsection A of this section may be waived by the County Executive.
C.
Any contract entered into in violation of Subsection A of this section shall be null and void ab initio, and the County Comptroller shall be prohibited from making any payment on any such contract.
D.
No contract for goods and services shall be awarded by the appropriate
officer, board, or agency of the County of Suffolk to a business previously
incorporated within the United States of America which has reincorporated
outside the United States of America. Any solicitation for good and
services shall contain a requirement that the successful bidder must
be in compliance with this subsection and this representation of compliance
shall be a part of the contract with the successful bidder.
[Added 7-2-2004 by L.L. No. 20-2004]
