Loading...
Memo_City Attorney re Budget Hearing ProcessMasterpiece on the Mississipp, CRENNA M. BRUMWELL, ESQ. CITY ATTORNEY To: MAYOR ROY D. BUOL & MEMBERS OF THE CITY COUNCIL DATE: FEBRUARY 7, 2019 RE: BUDGET HEARING PROCESS I was asked to provide guidance on how the budget process should work at the individual hearings leading up to the Final Budget Hearing on March 7, 2019. First, there is no guidance or rules related to how individual budget hearings are handled in the state code. Dubuque Ward Maeda tity 9flF 2007.2012 2013.2017 Second, I polled the City Attorneys' for the largest cities in Iowa. City Clerk Kevin Firnstahl also polled City Clerks'. We asked if communities had a well-developed process for how items should be set aside during the departmental presentations/hearings for consideration/deletion/amendment at the final budget hearing. Attorneys' responding included those for Des Moines, West Des Moines, Iowa City, and Ames. Unfortunately, none of the responding cities had a clearly outlined process for how amendments are handled. It appears other cities handle proposed changes like any other amendment by the Council with a voice vote. If the amendment passes it becomes part of the roll call vote on the budget, as amended, at the Final Budget Hearing. As we begin departmental budget hearings tonight the City Council has the ability to agree upon how requests for further consideration (adding or deleting funding in the budget) will be handled. I have identified a few ways this could occur, but there may be other options. Options 1) If a member (1) wants an item held for further discussion or consideration the item is held for discussion at the Final Budget Hearing. 2) If a member wants an item held for further discussion or consideration an informal poll of the Council occurs. If four (4) members agree the item should be OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel©cityofdubuque.org held the item is held for discussion at the Final Budget Hearing. If there are not four (4) members in agreement to set the item aside for further consideration the item isn't held over for further consideration. 3) Members could make motions at each of the hearings for specific items to be added or deleted from the departmental budget. The prevailing vote of the Council governs. If items are set aside for further consideration during the process those items would need to be discussed and resolved at the Final Budget Hearing prior to a vote on the Final Budget. Of note, once the public hearing is set on the Final Budget the levy rate cannot increase; it can only decrease. The final budget hearing, while scheduled for March 7, 2019 at 6 p.m. hasn't been formally set by the City Council. Iowa code, §384.16 requires: The council shall set a time and place for public hearing on the budget before the final certification date and shall publish notice of the hearing not less than ten nor more than twenty days before the hearing in a newspaper published at least once weekly and having general circulation in the city........ For a March 7, 2019 Final Budget Hearing the notice of the public hearing must be published between February 15 and February 25 per the state code requirements. Budget Director Jennifer Larson's goal is for the Notice of Public Hearing on the Final Budget to appear on the City Council's February 18, 2019 agenda. Once the public hearing is set by the City Council the notice will be published. Once the notice of the public hearing is published the levy cannot increase. This means any changes in departmental budgets to increase funding will require an offset decreasing funding somewhere else. cc: Michael C. Van Milligen, City Manager Kevin Firnstahl, City Clerk Jenny Larson, Budget Director 2