[Amended 11-6-2018]
There shall be a Department of Finance, the head of which shall
be the Finance Director who shall be appointed by the Mayor with the
approval of the Town Council to serve a term of office concurrent
with the term of the Mayor and until his or her reappointment or the
appointment of a successor is approved by the Town Council. Further
organization of this department shall be as stated in this Charter
and by ordinances enacted by the Town Council, to the end that the
essential processes in the finances of the Town, namely, control and
accounts, collection of taxes and other revenues, and payments, may
be properly administered.
[Ref. of 11-5-2002]
The Finance Director shall be the Town Treasurer, the Tax Collector
and the Town Controller and, subject to the provisions of this Charter
and of ordinances enacted by the Town Council, is hereby vested with
and shall have and exercise all the powers and duties now and hereafter
vested by State law in Town Treasurers, in Tax Collectors and in Town
Auditors, and shall have and exercise all the powers and duties vested
by this Charter in the office of Finance Director and in the Department
of Finance or that may be vested thereafter in said office of Finance
Director and said Department of Finance by resolution, ordinance,
or State law, and he or she shall have charge of the administration
of the financial affairs of the Town.
[Ref. of 11-5-2002]
The Finance Director shall have at the minimum a bachelor's
degree in finance and/or accounting and shall have knowledge of municipal
accounting and taxation practices and shall have had experience in
budgeting and finance control.
The Finance Director shall receive such compensation as may
be set by ordinance passed by the Town Council.
[Ref. of 11-5-2002]
The Finance Director shall:
A.
Cooperate with the Mayor in compiling the expenditures and revenue
estimates for the budget.
B.
Collect and receive all taxes and special assessments for the collection
of which the Town is responsible and shall have all the powers, rights
and duties prescribed by State laws for Tax Collectors.
C.
Receive all license fees, rents, funds, money receivable by the Town
from the State and/or the Federal government, and from the court and
from any department, office and agency of the Town except as otherwise
provided in this Charter.
D.
Have custody of all public funds belonging to or under the control
of the Town, or any department, office and agency of the Town government
including the School Department and deposit all funds coming into
his and [or] her hands in such depositories as may be designated by
resolution of the Town Council, or if no such resolution be adopted
by the Town Council, in such depositories as he or she may choose,
subject to the requirements of State law as to surety and the payment
of interest on deposits, but all such interest shall be the property
of the town and shall be accounted for and accredited to the proper
accounts.
E.
Have custody of all investments and invested funds of the Town or
in the possession of the Town in a fiduciary capacity, and have the
safekeeping of all bonds and notes of the Town and the receipt and
delivery of Town bonds, including the School Department.
F.
Exercise control over all expenditures by preauditing all bills,
invoices, payrolls or other evidences of claims or charges against
the Town, and see that budget appropriations are not exceeded by disbursements
in any department, office or agency of the Town including the School
Department.
G.
Pay out the funds by check[,] such payments being made only after
compliance with provisions of (F) above and authorized by the Town
Council.
H.
Prescribe and maintain an accounting system for the Town government,
and adopt and require standard accounting procedures for all departments,
offices and agencies of the Town, including the School Department,
which accounts shall include the amounts of all appropriations, and
the amounts paid from each, and show in reasonable detail the persons
to whom and the purposes for which the payments were made, the unpaid
obligations against each and the unencumbered balance and require
reports of receipts and disbursements from each receiving and spending
agency of the Town government including the School Department, to
be made monthly or at such more frequent intervals as the Town Council
may ordain.
I.
Prescribe uniform forms of receipts, vouchers, bills and claims to
be used by all departments, offices and agencies of the Town, including
the School Department.
J.
Prepare a monthly statement of all revenues and expenditures in sufficient
detail to show the financial condition of the Town for submission
to the Mayor and the Town Council, it being the duty of the Department
of Finance to make sufficient copies for all departments of the Town
government and file a copy with the Town Clerk which is made a public
record.
K.
Prepare as soon as possible and as of the end of each fiscal year,
a complete financial statement and report, in accordance with State
law, for submission to the Mayor, the Town Council and the taxpayers
of the Town.
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Whenever any department, office or agency of the Town government
shall purchase or contract for any supplies, materials, or services,
contrary to the provisions of this Charter or the rules and regulations
made hereunder, such order or contract shall be voidable by the Town
Council.
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[Ref. of 11-7-1995]
A.
There shall be a purchasing agent for the Town who shall be appointed
by the Mayor with the approval of the Council. The Finance Director
may be appointed purchasing agent, or some other person currently
in the service of the Town, or a person chosen from among other qualified
individuals. The purchasing agent shall be responsible, under the
general direction of the Finance Director, for all purchasing and
procurement undertaken for the Town, and for insuring that all such
activities are conducted in accordance with applicable rules and ordinances
of the Town, and of State law.
B.
With the exception of the alternative procedures set forth in subsection C. of this section, when authorized by the Council, competitive sealed bids shall be solicited by the purchasing agent for any purchase of or contract for but not limited to supplies, materials, equipment or work to be performed costing in excess of five thousand dollars ($5,000.00) or, in the case of contracts for construction as defined in State law, in excess of seven thousand five hundred dollars ($7,500.00), under such rules and regulations as the Town Council may have prescribed by ordinance. All contracts for such purchases shall be awarded to the responsive and responsible bidder whose bid is either the lowest bid price, or lowest evaluated or responsive bid price. A performance bond shall be required of all successful bidders in such amount and with such surety as the purchasing agent or the Town Council may specify or ordain.
C.
When, under regulations adopted by the Council, the purchasing agent
determines in writing that the use of competitive sealed bidding is
not practicable, a contract may be awarded by competitive negotiation
in the manner set forth in State law. In the event that all bids submitted
pursuant to competitive sealed bidding result in bid prices in excess
of the funds available, the methods of competitive negotiation may
be used as prescribed for such situations in State Law. When there
is only one source for the required supply, service, or construction
item, the sole source procurement procedure set forth in State Law
may be used. In each of the situations set forth in this Subsection,
the purchasing agent may, with the authorization of the Council, complete
the purchase following the appropriate procedure provided herein.
D.
No transaction which is essentially a unit shall be divided into
a series of orders for the purpose of circumventing the competitive
bidding process. Bids, specifications and all other factors being
equal preference shall be given to the bidder whose place of business
is in the Town.
E.
Purchases or contracts for between one thousand dollars ($1,000.00)
and five thousand dollars ($5,000.00), or in the case of contracts
for construction for between one thousand dollars ($1,000.00) and
seven thousand five hundred dollars ($7,500.00), shall be made only
after three (3) quotations, if available, have been obtained from
competitors by the purchasing agent.
