§ 42209. Financial plan of an assisted city
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal CorporationsEffective: October 24, 2018
Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part V. Cities of the Third Class (Refs & Annos)
Chapter 85. Intergovernmental Cooperation Authorities Act for Cities of the Third Class
Chapter 2. Intergovernmental Cooperation Authorities for Cities of the Third Class
Effective: October 24, 2018
53 P.S. § 42209
§ 42209. Financial plan of an assisted city
(vi) If applicable, eliminate the levy of rate of taxes authorized under section 7071 on or prior to the termination date.
(vii) If recommended by a coordinator's plan under the act of July 10, 1987 (P.L. 246, No. 47),2 known as the Municipalities Financial Recovery Act, and not previously established, establish a trust to fund the benefit obligations of other postemployment benefits of the assisted city and engage an investment manager in connection with the trust.
(1) All projections of revenues and expenditures in a financial plan shall be based on prudent, reasonable and appropriate assumptions and methods of estimation. All assumptions and methods shall be consistently applied and reported in the financial plan. The financial plan of an assisted city may not include projected revenue that in order to be collected requires the enactment by the General Assembly of new taxing powers.
(vi) Appropriation estimates shall include, at a minimum, all obligations incurred during the fiscal year and estimated to be payable during the fiscal year or in the 24-month period following the close of the current fiscal year and all obligations of prior fiscal years not covered by encumbered funds from prior fiscal years.
(3) All cash flow projections shall be based on prudent, reasonable and appropriate assumptions as to sources and uses of cash, including, but not limited to, prudent, reasonable and appropriate assumptions as to the timing of receipt and expenditure thereof, and shall provide for operations of the assisted city to be conducted within the resources so projected. All estimates shall take due account of the past and anticipated collection, expenditure and service demand experience of the assisted city and of current and projected economic conditions.
(1) Within 90 days of the initial organizational meeting of the board under section 202(c),3 the assisted city shall develop and the authority shall review and act upon an initial five-year financial plan that includes a report on the status of implementation of prior published suggestions regarding consolidation and cost savings.
(2) During each subsequent fiscal year, the chief fiscal officer of the assisted city shall, at least 100 days prior to the beginning of the assisted city's fiscal year or on another date as the authority may approve upon the request of the assisted city, prepare and submit its proposed five-year plan.
(1) The authority shall promptly review each financial plan, proposed operating budget and capital budget submitted by the assisted city. In conducting the review, the authority shall request from the controller of the assisted city an opinion or certification, prepared in accordance with generally accepted auditing standards, with respect to the reasonableness of the assumptions and estimates in the financial plan.
(6) If the authority fails to take any action regarding a financial plan within 30 days following submission of the plan to the authority, the financial plan as submitted shall be deemed approved. If, during the 30-day period, a written request by two members of the board for a meeting and vote on the question of approval of the financial plan has been submitted to the chairperson and a meeting and vote do not take place, the financial plan shall be deemed disapproved.
(5) If the authority fails to approve the financial plan, the authority shall, in accordance with section 210(e),4 certify the assisted city's noncompliance with the financial plan to the Secretary of the Budget, the President pro tempore of the Senate and the Speaker of the House of Representatives.
(1) The plan shall be revised on an annual basis to include the operating budget for the next fiscal year and to extend the plan for an additional fiscal year. The chief fiscal officer of an assisted city shall, within 90 days of assuming office, propose revisions to the financial plan or certify to the authority that the chief fiscal officer adopts the existing plan.
(4) Proposed revisions shall become part of the financial plan upon the approval of the authority unless some other method of approval is permitted by authority rules and regulations approved by the board or pursuant to an agreement with the assisted city contained in an intergovernmental cooperation agreement.
(5) If the authority fails to take action within 20 days on a proposed revision, the submission shall be deemed approved unless a written request for a meeting and vote has been made in accordance with subsection (g)(4), in which event, if a meeting and vote do not take place, the proposed revision shall be deemed disapproved.
(6) If the governing body of a city adopts a budget inconsistent with an approved financial plan, the assisted city shall submit the enacted budget to the authority as a proposed revision to the plan. The authority shall review the proposed revision within 30 days of its submission in accordance with the criteria under subsection (g) and the approval process under paragraph (3).
(1) Within 45 days of the end of each fiscal quarter of an assisted city, or monthly if a variation from the financial plan has been determined in accordance with section 210(c), the chief fiscal officer of the assisted city shall provide the authority with a report describing actual or current estimates of revenues and expenditures compared to budgeted revenues and expenditures for the period reflected in the assisted city's cash flow forecast.
(2) After the approval by the authority of a financial plan submitted pursuant to this section, an assisted city shall execute contracts and collective bargaining agreements in compliance with the plan. If an assisted city executes a contract or a collective bargaining agreement which is not in compliance with the plan, the contract or agreement shall not be void or voidable solely by reason of the noncompliance, but the assisted city shall submit to the authority a proposed revision to the plan which demonstrates that revenues sufficient to pay the costs of the contract or collective bargaining agreement will be available in the affected fiscal years of the plan.
(1) After the approval by the authority of a financial plan submitted pursuant to this section, any arbitration settlement of a board of arbitration established pursuant to the provisions of the act of June 24, 1968 (P.L. 237, No. 111),5 referred to as the Policemen and Firemen Collective Bargaining Act, providing for an increase in wages or fringe benefits of an employee of an assisted city under the plan, in addition to considering any standard or factor required to be considered by applicable law, shall take into consideration and accord substantial weight to:
(2) The arbitration settlement shall be in writing and a copy thereof shall be forwarded to each party to the dispute and the authority. Any arbitration settlement of the board of arbitration which provides for an increase in wages or fringe benefits of an employee of an assisted city shall be in writing and shall state with specificity all factors which the board of arbitration took into account in considering and giving substantial weight to the factors referred to in paragraph (1).
(6) If, after the exhaustion of all appeals, the final arbitration settlement is not in compliance with the approved financial plan, the arbitration settlement shall not be void or voidable solely by reason of such noncompliance, but the assisted city shall submit to the authority a proposed revision to the plan which demonstrates that revenues sufficient to pay the costs of the arbitration settlement will be available in the affected fiscal years of the plan.
Credits
2018, Oct. 24, P.L. 751, No. 124, § 209, imd. effective.
Footnotes
53 P.S. § 42707.
53 P.S. § 11701.101 et seq.
53 P.S. § 42202.
53 P.S. § 42210.
43 P.S. § 217.1 et seq.
53 P.S. § 42209, PA ST 53 P.S. § 42209
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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