§ 45-9-3 - Budget and Review Commission.
SECTION 45-9-3
§ 45-9-3 Budget and Review Commission.– (a) Notwithstanding the provisions of §§ 45-9-1 and 45-9-2 or anyother general or special laws of the state or charter provisions, the generalassembly vests in the director of the state department of revenue (hereinafter"director") the power to authorize, create, and establish a budget and reviewcommission in any town or city where the director finds that the town or city'sbond rating has been assigned by one or more recognized rating agencies to arating which is below investment grade and there is an imminent threat ofdefault on any or all of its debt obligations.
(2) Whereupon the director of revenue shall authorize saidbudget and review commission, to convene specifically to deal with theaforementioned town or city, that shall consist of the chief executive officerof the town or city; the president of the town or city council; three (3)public members from the affected municipality, at least one of whom shall bequalified by training or experience in the fields of finance or accounting, tobe appointed by the governor, with the advice and consent of the senate; two(2) ex-officio state officials who shall be the director, or his or herdesignee from the department of revenue; and one member of the public financemanagement board to be appointed by the governor who, in making his or herappointment, shall give due consideration to the recommendation of the chair ofthe public finance management board, with the advice and consent of the senate.
(3) No one shall be eligible for appointment unless he or sheis a resident of this state.
(4) Where there is no chief executive officer of the town orcity, the vice president of the town council or city council shall serve on thecommission. The director of the state department of revenue shall serve aschair of the commission.
(5) The commission may elect from among its members suchother officers as they deem necessary.
(6) Four (4) or more members of the commission shallconstitute a quorum and the vote of a majority of said quorum at any meetingshall be required for action. No vacancy in the membership of the commissionshall impair the right of a quorum to exercise all of the rights and performall of the duties of the commission.
(7) Newly appointed and qualified commission members of themunicipality shall, within six (6) weeks of their qualification or designation,attend a training course that is developed with commission approval andconducted by the chair or his or her designee and shall include instruction inthe subject area of chapter 9 of this title and chapters 46 of title 42,chapter 14 of title 36, and chapter 2 of title 38 of Rhode Island general laws;and the commission's rules and regulations.
(8) Public members of the commission shall be removable bythe governor pursuant to § 36-1-7 for cause only, and removal solely forpartisan or personal reasons unrelated to capacity or fitness for the officeshall be unlawful.
(9) The powers of the budget and review commission shall beto impose taxes and to make appropriations for the expenditure of moneys, forthe purpose of adopting a budget and, for the purpose of maintaining a balancedbudget, the budget and review commission shall make reductions or suspensionsin the appropriations to any or all departments, offices or other agencies oftown or city government as will prevent a deficit for the fiscal year. Thebudget and review commission shall be subject to the open meetings and openrecords law. The budget and review commission shall remain in office until thattime as the chief executive officer of the town or city and the town or citycouncil petitions the director of the state department of revenue to disbandthe budget and review commission.
(b) The budget and review commission shall commence its workby examining the financial and operating condition of the city or town andshall also advise the chief executive officer, city or town council and thefiscal officials of the city or town on the formulation of adequate budget andbudgetary controls.
(2) Reporting Requirements. Within ninety (90) days ofits being disbanded as provided for in § 45-9-3(a)(9), the budget andreview commission shall approve and issue a report detailing its findings andrecommendations. This report shall be submitted to the governor, the speaker ofthe house of representatives, the president of the senate, and the secretary ofstate of its activities during that fiscal year. The report shall provide: anoperating statement summarizing meetings or hearings held, subjects addressed,decisions rendered, rules or regulations promulgated, studies conducted,policies and plans developed, approved, or modified, and programs administeredor initiated; a consolidated financial statement of all funds received andexpended including the source of the funds, a listing of any staff supported bythese funds, and a summary of any clerical, administrative or technical supportreceived; a summary of performance during the course of its existence,including accomplishments, shortcomings and remedies; a synopsis of hearings,complaints, suspensions, or other legal matters related to the authority of theboard; a summary of any training courses held pursuant to § 45-9-3(a)(7);a briefing on anticipated activities in the upcoming fiscal year; and findingsand recommendations for improvements. The report shall be posted electronicallyon the general assembly and the secretary of state's websites as prescribed in§ 42-20-8.2.
(3) The examination and report shall be completed andpublished no sooner than three (3) weeks after the formation of the budget andreview commission. The commission shall exercise any of the powers set forth inthis section only after the examination and publication of the commission'sreport.