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<article heading="Article 3. Finance.">
  <section heading="Sec. 301. Fiscal Year.">
    <paragraph indent="1">The fiscal year of the County shall commence on July 1 of each year and end on June 30 in the following year, unless otherwise prescribed by state law.</paragraph>
  </section>
  <section heading="Sec. 302. Six-Year Programs for Public Services, Capital Improvements, and Fiscal Policy.">
    <paragraph indent="1">The County Executive shall submit to the Council, not later than January 15 of each even- numbered year, a comprehensive six-year program for capital improvements. The County Executive shall submit to the Council, not later than March 15 of each year, comprehensive six-year programs for public services and fiscal policy. The six-year programs shall require a vote of at least six Councilmembers for approval or modification. Final Council approval of the six-year programs shall occur at or about the date of budget approval.</paragraph>
    <paragraph indent="1">The public services program shall include a statement of program objectives and recommend levels of public service by the County government, and shall provide an estimate of costs, a statement of revenue sources, and an estimate of the impact of the program on County revenues and the capital budget.</paragraph>
    <paragraph indent="1">The capital improvements program shall include a statement of the objectives of capital programs and the relationship of capital programs to the County’s long-range development plans; shall recommend capital projects and a construction schedule; and shall provide an estimate of costs, a statement of anticipated revenue sources, and an estimate of the impact of the program on County revenues and the operating budget. The capital improvements program shall, to the extent authorized by law, include all capital projects and programs of all agencies for which the County sets tax rates or approves budgets or programs. The Council may amend an approved capital improvements program at any time by an affirmative vote of six Councilmembers.</paragraph>
    <paragraph indent="1">The fiscal program shall show projections of revenues and expenditures for all functions, recommend revenue and expenditure policies for the program period and analyze the impact of tax and expenditure patterns on public programs and the economy of the County.</paragraph>
    <paragraph indent="1">The County Executive shall provide such other information relating to these programs as may be prescribed by law.</paragraph>
    <paragraph indent="1">All capital improvement projects which are estimated to cost in excess of an amount to be established by law or which the County Council determines to possess unusual characteristics or to be of sufficient public importance shall be individually authorized by law; provided however, that any project declared by the County Council to be of an emergency nature necessary for the protection of the public health or safety shall not be subject to this requirement if the project is approved by the affirmative vote of seven Councilmembers. Any project mandated by law, statutory or otherwise, interstate compact, or any project required by law to serve two or more jurisdictions shall, likewise, not be subject to this requirement. The County Council shall prescribe by law the methods and procedures for implementation of this provision. (Election of 11-7-78; election of 11-4-86; election of 11-3-92; election of 11-5-96; election of 11-3-20.)</paragraph>
  </section>
  <section heading="Sec. 303. Capital and Operating Budgets.">
    <paragraph indent="1">The County Executive shall submit to the Council, not later than January 15 and March 15, respectively of each year, proposed capital and operating budgets including recommended expenditures and revenue sources for the ensuing fiscal year and any other information in such form and detail as the County Executive shall determine and as may be prescribed by law. These budgets shall be consistent with the six-year programs. A summary shall be submitted with the budgets containing an analysis of the fiscal implications for the County of all available budgets of any agencies for which the Council sets tax rates, makes levies, approves programs or budgets. (Election of 11-6-84; election of 11-3-92.)</paragraph>
  </section>
  <section heading="Sec. 304. Budget Hearing.">
    <paragraph indent="1">The Council shall hold public hearings on the proposed budget and the six-year programs required by this Charter, commencing not earlier than twenty-one days following their receipt.</paragraph>
  </section>
  <section heading="Sec. 305. Approval of the Budget; Tax Levies.">
    <paragraph indent="1">The Council may add to, delete from, increase or decrease any appropriation item in the operating or capital budget. The Council shall approve each budget, as amended, and appropriate the funds therefor not later than June 1 of the year in which it is submitted.</paragraph>
    <paragraph indent="1">An aggregate operating budget which exceeds the aggregate operating budget for the preceding fiscal year by a percentage increase greater than the annual average increase of the Consumer Price Index for all urban consumers for the Washington-Baltimore metropolitan area, or any successor index, for the twelve months preceding December first of each year requires the affirmative vote of seven Councilmembers. For the purposes of this section, the aggregate operating budget does not include: (1) the operating budget for any enterprise fund; (2) the operating budget for the Washington Suburban Sanitary Commission; (3) expenditures equal to tuition and tuition-related charges estimated to be received by Montgomery College; and (4) any grant which can only be spent for a specific purpose and</paragraph>
    <paragraph indent="0">which cannot be spent until receipt of the entire amount of revenue is assured from a source other than County government.</paragraph>
    <paragraph indent="1">The Council shall annually adopt spending affordability guidelines for the capital and operating budgets, including guidelines for the aggregate capital and aggregate operating budgets. The Council shall by law establish the process and criteria for adopting spending affordability guidelines. Any aggregate capital budget or aggregate operating budget that exceeds the guidelines then in effect requires the affirmative vote of eight Councilmembers for approval.</paragraph>
    <paragraph indent="1">By June 30 each year, the Council shall make tax levies deemed necessary to finance the budgets. Unless approved by an affirmative vote of all current Councilmembers, the Council shall not levy an ad valorem weighted tax rate on real property to finance the budgets that exceeds the ad valorem weighted tax rate on real property approved for the previous year.  The weighted tax rate is calculated by determining the sum of each property tax rate adjusted by the proportion of assessable base that is charged that tax rate. (Election of 11-7-78; election of 11-6-84; election of 11-6-90; election of 11-3-92; election of 11-8-94; election of 11-3-98; election of 11-4-08; election of 11-6-18; election of 11-3-20; election of 11-3-20.)</paragraph>
  </section>
  <section heading="Sec. 306. Item Veto or Reduction.">
    <paragraph indent="1">Upon approval of the budget, it shall be delivered within three days to the County Executive who within ten days thereafter may disapprove or reduce any item contained in it. If the County Executive disapproves or reduces any item in the budget, it shall be returned to the Council with the reasons for the disapproval or reduction in writing. The Council may, not later than June 30 of that year, reapprove any item over the disapproval or reduction of the County Executive by the affirmative vote of seven members, except that the affirmative vote of six members shall be required in the case of the budgets of the Council, the Fire and Rescue Commission, the Fire Departments and Rescue Squads, the Housing Opportunities Commission and Montgomery College. (Election of 11-4-80; election of 11-2-82; election of 11-4-86; election of 11-8-88; election of 11-3-92; election of 11-3-20.)</paragraph>
  </section>
  <section heading="Sec. 307. Supplemental Appropriations.">
    <paragraph indent="1">Any supplemental appropriation shall be recommended by the County Executive, who shall specify the source of funds to finance it.  The Council shall hold a public hearing on each proposed supplemental appropriation after at least one week’s notice.  A supplemental appropriation that would comply with, avail the County of, or put into effect a grant or a federal, state, or county law or regulation, or one that is approved after January 1 of any fiscal year, requires an affirmative vote of six Councilmembers.  A supplemental appropriation for any other purpose that is approved before January 1 of any fiscal year requires an affirmative vote of seven Councilmembers.  The Council may, in a single action, approve more than one supplemental appropriation.  The Executive may disapprove or reduce a supplemental appropriation, and the Council may reapprove the appropriation, as if it were an item in the annual budget. (Election of 11-7-2000; election of 11-3-20.)</paragraph>
  </section>
  <section heading="Sec. 308. Special Appropriations.">
    <paragraph indent="1">A special appropriation is an appropriation which states that it is necessary to meet an unforeseen disaster or other emergency, or to act without delay in the public interest.  Each special appropriation shall be approved by not less than seven Councilmembers. The Council may approve a special appropriation at any time after public notice by news release. Each special appropriation shall specify the source of funds to finance it. (Election of 11-4-86; election of 11-7-2000; election of 11-3-20.)</paragraph>
  </section>
  <section heading="Sec. 309. Transfer of Funds.">
    <paragraph indent="1">The County Executive may at any time transfer an unencumbered appropriation balance within a division or between divisions of the same department. Transfers between departments, boards or commissions, or to any new account, shall be made only by the County Council upon the recommendation of the County Executive. The total cumulative transfers from any one appropriation shall not exceed ten percent of the original appropriation. No transfer shall be made between the operating and capital budget appropriation.</paragraph>
  </section>
  <section heading="Sec. 310. Surplus.">
    <paragraph indent="1">The County may accumulate earned surplus in any enterprise fund or unappropriated surplus in any other fund.  With respect to the General Fund, any unappropriated surplus shall not exceed five percent of the General Fund revenue for the preceding fiscal year.  An unappropriated surplus may be used to fund any supplemental or special appropriations. (Election of 11-7-2000.)</paragraph>
  </section>
  <section heading="Sec. 311. Limitations on Expenditures.">
    <paragraph indent="1">No expenditure of County funds shall be made or authorized in excess of the available unencumbered appropriations therefor.</paragraph>
  </section>
  <section heading="Sec. 312. Indebtedness.">
    <paragraph indent="1">The County may incur debt. No indebtedness for a term of more than one year shall be incurred by the County to meet current operating expenses. All County indebtedness for a term in excess of one year shall become due not later than thirty years after the date of issuance. If at any time the Council shall have failed to appropriate and to make available sufficient funds to provide for the timely payment of the interest and principal then due upon all County indebtedness, it shall be the duty of the Director of Finance to pay, or to make available for payment, to the holders of such indebtedness from the first revenues thereafter received applicable to the general funds of the County, a sum equal to such interest and principal. (Election of 11-6-90.)</paragraph>
  </section>
  <section heading="Sec. 313. Purchasing.">
    <paragraph indent="1">The Council shall prescribe by law a centralized system of purchasing and contracting for all goods and services used by the County. The centralized purchasing system shall be administered under the professional supervision of the Chief Administrative Officer subject to the direction of the County Executive.</paragraph>
  </section>
  <section heading="Sec. 314. Competitive Procurement.">
    <paragraph indent="1">The Council shall prescribe by law for competitive procurement for purchases by or contracts with the County in excess of an amount or amounts established by law. (Election of 11-4-80; election of 11-6-90.)</paragraph>
  </section>
  <section heading="Sec. 315. Audit.">
    <paragraph indent="1">The Council shall contract with, or otherwise employ, a certified public accountant to make annually an independent post audit of all financial records and actions of the County, its officials and employees. The complete report of the audit shall be presented to the Council and copies of it shall be made available to the public.</paragraph>
  </section>
  <section heading="Sec. 316. Public Access to Fiscal Documents.">
    <paragraph indent="1">All fiscal documents required by this Charter shall be public records, and copies shall be made available to the public. Any estimates, reports, or justifications on which they are based shall be open to public inspection subject to reasonable regulations.</paragraph>
  </section>
</article>