Upon the enactment of the executive operating budget ordinance and the executive capital budget ordinance, each executive agency may make expenditures pursuant to the charter, subject, however, to the following.
(a) Authorized positions. Only those positions authorized within the specified permanent position count and temporary position count for each activity under the executive operating budget ordinance may be established, filled, and have funds allotted to them; provided if because of an unforeseen or emergency circumstance a temporary position is required for an activity for which a temporary position count has not been authorized, the mayor, after notifying the council, may establish, fill and allot funds for that temporary position.
The notification shall identify:
(1) The type of temporary position required;
(2) The anticipated duration of the employment of the temporary position;
(3) The cost of the temporary position;
(4) The source of budgetary savings that will accrue to finance the temporary position; and
(5) The unforeseen or emergency circumstance justifying the need for the temporary position.
(b) (1) Temporary transfers of positions. Temporary transfers of positions by the mayor shall be permitted pursuant to Charter § 5-103 within the fiscal year. A quarterly status report of all transfers shall be filed with the office of the city clerk. Such report shall include but need not be limited to the following information for each position transferred:
(A) The position title and position number of the position transferred;
(B) The originating activity from which the position is transferred;
(C) The activity to which the position is transferred;
(D) The title and function of the position in its temporary assignment;
(E) The purpose for the transfer; and
(F) The effective date and the anticipated duration of the temporary transfer.
(2) Temporary transfer of position actions shall not be used as a means to circumvent the annual budget policies and process.
(c) Transfer of funds.
(1) No transfer of funds from an activity shall be executed without council approval by resolution when the cumulative amount of transfers from that activity shall total in excess of $100,000 or 10 percent of the amount appropriated for that activity in the executive operating budget ordinance, as may be amended, whichever is less. No transfer of funds to an activity shall be executed without council approval by resolution when the cumulative amount of transfers to that activity shall total in excess of $100,000 or 10 percent of the amount appropriated for that activity in the executive operating budget ordinance, as may be amended, whichever is less. A report of all individual transfers of funds between activities occurring within each month shall be filed with the office of the city clerk within 15 days after the end of the month. Such report shall include but need not be limited to the following information:
(A) The amount of funds transferred;
(B) The source of funding of the transferred funds;
(C) The originating activity and character of expenditure thereof from which the funds are transferred;
(D) The activity and character of expenditure thereof to which the funds are transferred;
(E) The purpose for the transfer; and
(F) The impact of the loss of funds on the originating activity.
(2) Except as otherwise provided in subdivision (4), no transfer of funds between characters of expenditure within the same activity shall be executed without council approval by resolution when the cumulative amount of such transfers exceeds the lesser of:
(A) $100,000; or
(B) The greater of:
(i) Ten percent of the appropriation for either the originating or receiving character of expenditure; or
(ii) $10,000.
A report of all individual transfers of funds between characters of expenditure shall be filed with the office of the city clerk within 15 days after the end of the month. Such report shall include but need not be limited to the following information:
(i) The amount of funds transferred;
(ii) The source of funding of the transferred funds;
(iii) The originating character of expenditure from which the funds are transferred;
(iv) The character of expenditure to which the funds are transferred;
(v) The purpose of the transfer; and
(vi) The impact of the loss of funds on the originating character of expenditure.
(3) For the purposes of this subsection, “character of expenditure” has the same meaning as defined in § 2-18.1.
(4) Council approval shall not be required for transfers of funds between characters of expenditure within the same activity when the funds transferred are from and will remain a part of the appropriations to the transit management services contractor as defined in Chapter 15B. A report of all individual transfers of funds as provided herein shall include the same information prescribed in subdivision (2). The report shall be filed with the office of the city clerk within 15 days after the end of the month and a copy of the report shall be transmitted to the council.
(d) Force and effect of the executive program. The temporary position count for each activity as may be provided for in the executive program, as attached to the executive operating budget ordinance, shall have the same force and effect as provided by this article, to limit funding only to duly authorized temporary positions.
(Sec. 2-18.2, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 2, Art. 17, § 2-17.2) (Am. Ords. 88-14, 90-49, 91-27, 96-23, 97-02, 98-02, 00-48)