Section 12 County government finance review board
Section 12. There shall be established within the executive office for administration and finance a county government finance review board, hereinafter referred to as the “board”, consisting of the secretary for administration and finance or his designee, the commissioner of revenue or his designee, the secretary of public safety or his designee, the state auditor or his designee and a former Massachusetts sheriff, as appointed by majority vote of the Massachusetts Sheriff’s Association. The secretary of administration and finance or his designee shall serve as chairperson of the board.
Notwithstanding the provisions of any general or special law or county charter to the contrary, no annual or supplementary budget of any county shall take effect until reviewed and approved by the board.
With the exception of Barnstable county, the board shall not approve any budget of any county unless it is satisfied:
(1) that the estimates of revenue are reasonable and that adequate funding has been provided for all necessary county expenditures;
(2) that of the amounts deposited in the Deed’s Excise Fund for each county from revenues derived under the provisions of this chapter after providing from such fund for the cost of meeting county loan obligations incurred for the purpose of operating and maintaining the county, (a) not less than seventy-five percent of the deposits is to be disbursed and expended for the operation and maintenance of the county jails and houses of correction, including other statutorily authorized facilities and functions of the office of the sheriff; provided, however, that in Suffolk county, the seventy-five percent share of the deposits is to be disbursed and expended for (i) the operations of the office of the sheriff and the Suffolk county jail and (ii) the operations of the Suffolk County House of Correction and the operations of the penal commissioner for the city of Boston in a proportion to be determined by the secretary for administration and finance; (b) not more than fifteen percent is to be disbursed and expended for meeting the costs of the operation and maintenance of the county; and, (c) not more than ten percent is to be disbursed and expended for the automation, modernization and operation of the registries of deeds of the various counties; and,
(3) that with respect to funds appropriated for the purposes designated in subclauses (a) and (c) of clause (2) and which are not dedicated to the Deed’s Excise Fund in each county under the provisions of section eleven, the submitted proposed budget shall provide a continuing amount of expenditure of not less than one hundred two and one-half percent of the amount expended for each such purpose in the preceding fiscal year.
In the case of Barnstable county, the board shall not approve any budget unless it is satisfied (1) that the estimates of revenue are reasonable and that adequate funding has been provided for all necessary county expenditures; (2) that of the amounts deposited in the Deed’s Excise Fund for Barnstable county from revenues derived under the provisions of this chapter, one hundred percent of the deposits is to be disbursed and expended for the operation and maintenance of the county jails and houses of correction, including other statutorily authorized facilities and functions of the office of the sheriff; and (3) that with respect to funds appropriated for the purpose designated in clause (2), the submitted proposed budget shall provide a continuing amount of expenditure of not less than one hundred two and one-half percent of the amount expended for such purpose in the preceding fiscal year.
If a proposed budget is disapproved by the board, the county commissioners or any successor body shall, with the approval of the county advisory board, if applicable, and within thirty days of notification of disapproval of the proposed budget, resubmit a revised proposed budget to the board, which addresses the board’s concerns.
The board shall develop guidelines for implementing the provisions of this section.