COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THI5 REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. C~f MADE BY: H.A. "Buster' Baldwin MEETING DATE: August 25, 2003 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: Commissioners' Court TIlVIE PREFERRED: Consider and discuss recommendation of the Honorable Carole Keeton Strayhorn, Texas Comptroller of Public Accounts regarding budgetary matters in our General Provisions. E~CUTIVE SESSION REQUESTED: {PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Comm. Pct. # 1 Gentlemen- I think this is simply a recommendation of the Honorable Carole Keeton Strayhorn, Texas Comptroller of Public Accounts. It was taken from the Budgeting Handbook for Texas Counties and titled The Standard Financial Management System for Texas Counties. If you look at the General Provisions sheet in our budget, you will see very similar language. This has been in our budget for several years. I don't think we need to adopt anything; we simply need to enforce it. Thank you for your consideration. #1 ,~ ' `t~~< Line Item Transfers and Budget Amendments No elected Official or department head may expend funds or commit the expenditure of funds by purchase order from a budget line item unless there are sufficient funds available. If a budget amendment is necessary to provide sufficient funds to a line item, the amendment must be approved by the Commissioners' Court PRIOR to an expenditure or execution of a purchase order. The elected official or department head must appear before the Commissioners' Court and the agenda request must be supported by sufficient written documentation to support the transfer or amendment. Line Item Transfers and Btcdget Amendmenxs It is not advisable to amend the budget frequently. Amendments defeat the purpose of the budget as a tool for planning and control. If budgets are prepared with a reasonable amount of care, with a sincere desire to follow them, few amendments should be necessary. No elected Official or department head may expend funds or commit the expenditure of funds from a budget line item unless there are sufficient funds available. If a budget amendment is necessary, Officials desiring the amendment should state their case in writing to the commissioners court, and include: 1. Wiurt expenditures are to be increased 2. Haw the increase is to be funded.• by a reduction in estimated year-end fund balance; by a reduction in other expenditures, or by an increase in receipts above budgeted amounts 3. Justification for the amendments 4. Course of action if amendment is not approved The amendment must be approved by the Commissioners 'Court PRIOR to an expenditure B~2dgeting Handbook for "Texas C;ounnes , a~~ , ~~ WII~dp0~ 0:~ ST~'E G(74~i~T CARpLE KFEI'o1i STIUYHORN N r w N r M N ~~ERNti1E+Y r G •• ~ J ,`L,.. . ~ ~~ ._ Texas Com~roUer of Public Accounts SERRCH ` Local Government Assistance Bud~eting Handbook for Texas Counties October 2001 CHAPTER 13 Amending the Budget Introduction The most fundamental way to make a budget a useful management and administrative tool is to monitor the progress of actual receipts and expenditures against the budgeted figures. The best way to monitor is to incorporate the budget into the accounting records, and to report on the status of the budget at least monthly to the commissioners court. By monitoring the progress of the budget throughout the year, several objectives are accomplished. 1. The commissioners court knows how its financial plan is working. N N ^ K 2. Department heads know how their spending is progressing compared to their departmental budgets. 3. Unspent budget balances may be easily determined. 4. The validity of budget estimating techniques may be checked. 5. Sufficient warning time is available so that the budget can be amended before the county exceeds its budget. When to Amend Texas law clearly states that counties may not spend money except in strict compliance with their adopted budgets. u This provision means that: 1. Funds may be spent only for items or categories of items that are included in the adopted budget. 2. A Commissioners court,. by order, may transfer an amount budgeted for one item to another budgeted item without authorizing an emergency expenditure. u The budget can be amended, "for county purposes" uand/or as a result of emergencies, grave public necessities, and unusual and unforeseen conditions that could not reasonably http:/lwww.window.state.tx.us/Iga/budgetco%h13.htm1 8/14/2003 DUl1~jGLillb' 11culLLUV\.71\ LVl 1 GACW liVUlluGJ 1 4g\. L. va have been foreseen when the budget was prepared and adopted. I41 These emergencies and unforeseen conditions are generally considered issues of fact to be determined by the county commissioners. It is not advisable to amend the budget frequently. Amendments defeat the purpose of the budget as a tool for planning and control. If budgets are prepared with a reasonable amount of care, with a sincere desire to follow them, few amendments should be necessary. Among acceptable reasons for amendments are: 1. inflation runs much higher than anticipated; or a recession more severe than anticipated; or any substantial, unanticipated change in economic conditions; 2. natural disasters; 3. invalid assumptions underlying budget estimates of receipts and disbursements; or 4. beginning-of--year fund balances significantly different from balances anticipated. Officials desiring an amendment should state their case in writing to the commissioners court, and include: 1 Wh di i t b d . a expen tures are to ncrease e . 2. How the increase is to be funded: by a reduction in estimated year-end fund balance; by a reduction in other expenditures, or by an increase in receipts above budgeted amounts. 3. Justification for the amendment. 4. Course of action if amendment is not approved. The commissioners court should consider the amendment carefully, especially in terms of how it conforms to its stated spending policies. If the commissioners vote favorably, the budget may be amended in one of two ways. 1. If funds are to be transferred from an existing line item to another existing line item, a simple order to amend by transferring funds is sufficient. The order must state exactly how the funds are to be re-allocated. 2. If a new line is created, then it is necessary for the commissioners court to enter an order setting forth how the budget is to be amended; declare an emergency; and find that a grave public necessity exists to meet unusual and unforeseen conditions that could not, by reasonably diligent thought and attention, have been included in the original budget. Whether an emergency exists justifying a budget amendment is a question of fact and is generally left to the discretion of the commissioners court. Their decision is subject to judicial review for abuse of discretion. Because courts have rendered budget amendments invalid in cases where commissioners courts failed to state the facts justifying an emergency http://www.window.state.tx.us/Iga/budgetcoJchl3.html 8/14/2003 DUtI~'Gl,lll~j 1141111UVVli LVl 1G1iiW I.VUliUGJ amendment, the commissioners court would be wise to formally adopt reasons for the emergency. I51 Following are examples of formats for the two types of budget amendments: Line-item Transfer Amendment DATE: Honorable Commissioners Court of County: I submit to you for your consideration the following line-item transfers: 1 0.b'V J Vl ? FUND DEPT. ACCT. AMT. From: To: Reason: Department Head Approved: County Judge for Commissioners Court Attest: County Clerk Emergency Budget Amendment DATE: Honorable Commissioners Court of County: I would like to request the following emergency expenditure as an amendment to my departmental budget: FUND DEPT. ACCT. AMT. Reason for grave public necessity or unforeseen condition: There are no areas in my current budget to reduce in order to fund the above-mentioned items. Department Head http://www.window.state.tx.us/1gaPoudgetco%h13.html 8/14/2003 Budgeting Handbook for Texas t;ounues 1 ~~., ~ ~- . Approved: County Judge for Commissioners Court Attest: County Clerk County Auditor Be sure to review other departments within the fund for areas where funds could be used to make these amendments. Line-item transfers are always preferred over budget amendments. GASB 34 Standards Under new GASB 34 standards, governments will be required to continue to provide budgetary comparison information in their annual reports. An important change, however, is the requirement to add the government's original budget to that comparison. Many governments revise their original budgets over the course of the year for a variety of reasons. Requiring governments to report their original budget in addifion to their revised budget adds a new analytical dimension and increases the usefulness of the budgetary comparison. Budgetary changes are not, by their nature, undesirable. However, the information will be important in the interest of accountability to those who are aware of, and perhaps made decisions based on, the original budget. Information will also allow users to assess the government's ability to estimate and manage its resources. dn t E n o es jtJ V.T.C.A., Local Government Code, §111.010 (b). 1~ V.T.C.A., Local Government Code, §111.010 (d). 11 V.T.C.A., Local Government Code, § 111.011. j~ V.T.C.A., Local Government Code, § 111.010 (c). i1 Tex. Att'y Gen. LO-97-051. Carole Keeton Strayhorn Texas Comptroller of Public Accounts http://www.window. state.tx.us/lga/budgetco/ch 13 .htm1 Window on State Government Contact Us Privacy and Security Policy 8/14/2003 ~~~ ~ lr PUBLIC PARTICIPATION FORM FOR KERR COUNTY COMMISSIONERS' COURT Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County Clerk prior to the time that the-.nda Item (or Items) you wish to address are discussed. ~. _ ~ ~~~~ .. Name: ~ ~L ~ , ~ t'-171` ~-...) `-r'~ ~'~ ~7. Address: - ..~ . ~...~ ''~- _~~ +~~ 1 ~' ~ l I ~ T ~-- 1 c -?`~ ~ ~- Telephone: ~~ ~~;, •~ ~~ ~(^ Place of Employment: ~ ~~;~ Employment Telephone: ~~~'~ ? i_; Do you represent any particular group or organization? Yes ~ No If you represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? l~~ In general, are you for or against such Agenda Item (or Items)? For ~ Against '~ Si ture NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium, please state your aame •and who/what you represent clearly for the court reporter to accurately record who you are