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(a) Appointment. The Finance Director shall be appointed by City Council and shall be under the direct supervision of the City Council.
(Charter 6.03)
(b) Powers and Duties.
(1) The Finance Director shall be the head of the Finance Department and its Divisions. He or she shall have supervision of all fiscal matters of the City and direct all activities of the Department of Finance, including the supervision of its Divisions, Division heads, and all employees of the Department and its Divisions.
(2) The Finance Director shall be the fiscal officer of the City and shall have those powers and duties assigned to him or her by Section 6.03 and Article IX of the City Charter, by the Xenia City Code, or by other ordinances or resolutions. The Finance Director shall exercise those powers and have those duties assigned to municipal auditors or municipal treasurers under the general laws of the State.
(3) The Finance Director is hereby appointed as the City official with the authority to open and close bank accounts and to manage such accounts, in accordance with the City's Deposit and Investment Policy.
(4) The Finance Director shall be an administrative officer of the City.
(5) The Finance Director shall have any additional powers and duties relative to the City's fiscal matters as may be necessary to carry out the duties of his or her office as required by City Charter, the Xenia City Code, the Uniform Tax Levy Law, or other applicable state statute.
(Charter 6.03)
(c) Assistant Finance Director. The Finance Director may appoint an Assistant Finance Director, who shall be under the direct supervision and control of the Finance Director, and who shall perform such duties as are assigned by the Finance Director.
(d) Unclassified Service. In accordance with Section 10.02 of the City Charter, the position of Finance Director and Assistant Finance Director shall be in the unclassified service.
(Ord. 2022-35. Adopted 09/22/22)
(a) Deposit and Investment Policy. City Council shall adopt and approve, by ordinance, a Deposit and Investment Policy to establish the method and manner in which City moneys shall be deposited and invested to provide the highest investment return while preserving principal and maintaining adequate daily cash flow for the City.
(1) The Deposit and Investment Policy shall define the parameters for eligible institutions that may hold public deposits, standards for securing those deposits, and the process by which such eligible institutions are selected for deposit.
(2) The Deposit and Investment Policy shall identify permitted investment instruments, the maximum term of those investments, and the process for selecting the investments, as well as custody, safekeeping, and the licensing and registration of broker dealers.
(3) All investments made by the City shall conform to the City's Investment Policy and the Finance Director shall, at least annually, provide regular reports to City Council about the City's investment activities, including details of the City's portfolio of investments by instrument type.
(4) The Finance Director shall make all deposits and investment in accordance with the Deposit and Investment Policy. The Finance Director is hereby authorized to pool cash balances from the several different funds of the City for investment purposes, in accordance with the City's Deposit and Investment Policy, and unless such pooling of a particular fund is prohibited by federal or state law.
(5) The Finance Director shall file a copy of the City's Deposit and Investment Policy, and any amendments thereto, with the Auditor of the State of Ohio.
(Ord. 98-14. Adopted 03/26/98; Ord. 2022-35. Adopted 09/22/22)
(b) Debt Administration Policy. City Council shall adopt and approve, by resolution, a Debt Administration Policy establishing criteria for the selection of bond counsel, underwriters, and financial advisers. The policy shall identify the various debt instruments permitted for use and the process for soliciting proposals for debt financing. The Policy shall also identify metrics for evaluating debt coverage ratios, establish maximum maturities, and address financial disclosures. The Policy may provide for additional guidance related to credit ratings, refunds, and other debt related topics.
(Ord. 12-19. Adopted 04/26/12; Ord. 2022-35. Adopted 09/22/22)
(c) Purchasing Manual. The Finance Director shall establish a Purchasing Manual, in consultation with the Administrative Steering Committee, which Manual shall set forth the policies and procedures for all purchases and expenditures and to provide guidelines on the competitive bidding process.
(1) The Manual shall set forth policies and procedures regarding procurement, requisitions, purchase orders, receipts, payment authorization, the use of City credit cards, travel expenses, contracting for services, supplies and equipment, and any other appropriate fiscal matter. The policies and procedures set forth in the Manual shall conform to the Ohio Uniform Tax Levy Law, where applicable.
(2) All elected officials, appointed officials, department heads, division heads, and City employees shall comply with the Purchasing Manual in making any expenditure of public funds that is not made pursuant to competitive bid.
(Ord. 2022-35. Adopted 09/22/22)
(d) Sensitive Information Policy and Identity Theft Prevention Program. In accordance with Section 114 of the Fair and Accurate Credit Transaction Act of 2003, and any amendments thereto, and the Red Flag Program Clarification Act of 2010, and any amendments thereto, the Finance Department shall establish a Sensitive Information Policy and Identity Theft Prevention Program to help protect customers, reduce the risk of identity fraud, and to minimize potential damage to the City from fraudulent new accounts.
(1) The Sensitive Information Policy will define sensitive information; describe the physical security of data when printed on paper; describe the electronic security of data when stored and distributed; and will place the City in compliance with state and federal laws regarding identity theft protection.
(2) The Identity Theft Prevention Program will assist the City in identifying risks that signify potentially fraudulent activity within new or existing covered accounts; detect risks when they occur in covered accounts; and respond to risks to determine if fraudulent activities have occurred and act if fraud has been attempted or committed. The Program shall be updated periodically, including reviewing accounts that are covered by the Program and the identified risks that are a part of the Program.
(3) The Policy and Program shall apply to all City employees, contractors, consultants, and all personnel affiliated with third parties.
(4) The Finance Director shall manage the Policy and Program and shall ensure all appropriate City personnel are trained in overseeing the Program in accordance with the Policy.
(5) The Policy and Program shall be considered security records and may be exempted from disclosure under the Ohio Public Records Act.
(Ord. 2022-35. Adopted 09/22/22)
(a) Tax Liens for Unpaid Water Rents, Fees, or Service Charges. The Finance Director is hereby designated as the City official with the authority to assess unpaid water rents, fees or service charges pursuant to ORC 743.04, and such assessments shall not require separate approval by City Council.
(1) When rents, fees, or service charges for water are not paid, the Director of Finance shall certify them, together with any penalties and late fees, to the County Auditor. The County Auditor shall place the certified amount on the real property tax list and duplication against the property in the manner prescribed by ORC 743.04.
(2) The amount placed on the tax list and duplicate shall be a lien on the property served from the date placed on the list and duplicate and shall be collected in the same manner as other taxes, except that, notwithstanding ORC 323.15, the County Treasurer shall accept a payment in such amount when separately tendered as payment for the full amount of such unpaid rents, fees, or service charges and associated penalties. The lien shall be released immediately upon payment in full of the certified amount.
(3) Finance Director shall not certify to the County Auditor, and the County Auditor shall not place upon the tax list and duplicate as a charge against the property the amount of any unpaid rents, fees, or service charges together with any penalties if any of the following apply:
A. The property served by the connection has been transferred or sold to an electing subdivision, as defined in ORC 5722.01, regardless of whether the electing subdivision is still the owner of the property, and the unpaid rents, fees, or service charges together with any penalties have arisen from a period of time prior to the transfer or confirmation of sale to the electing subdivision;
B. The property served by the connection has been sold to a purchaser at sheriff's sale or auditor's sale, the unpaid rents, fees, or service charges together with any penalties has arisen from a period of time prior to the confirmation of sale, and the purchaser is not the owner of record of the property immediately prior to the judgment of foreclosure nor any of the following:
(i) A member of that owner's immediate family;
(ii) A person with a power of attorney appointed by that owner who subsequently transfers the land to the owner;
(iii) A sole proprietorship owned by that owner or a member of that owner's immediate family;
(iv) A partnership, trust, business trust, corporation or association of which the owner or member of the owner's immediate family owns or controls directly or indirectly more than fifty percent (50%).
C. The property served by the connection has been forfeited to the State of Ohio for delinquent taxes, unless the owner of record redeems the property.
(ORC 743.04)
(b) Tax Liens for Unpaid Sewer or Stormwater Rents, Fees, or Service Charges. The Finance Director is hereby designated as the City official with the authority to assess unpaid sewer or stormwater rents, fees, or service charges pursuant to ORC 729.49, and such assessments shall not require separate approval by City Council.
(1) When rents, fees, or service charges for sewer or stormwater are not paid, the Director of Finance shall certify them, together with any penalties and late fees, to the County Auditor in the same manner as unpaid water rents, fees, or service charges. The County Auditor shall place the certified amount on the real property tax list and duplication against the property in the same manner.
(2) The amount placed on the tax list and duplicate shall be a lien on the property served from the date placed on the list and duplicate and shall be collected in the same manner as other taxes, except that, notwithstanding ORC 323.15, the County Treasurer shall accept a payment in such amount when separately tendered as payment for the full amount of such unpaid rents, fees, or service charges and associated penalties. The lien shall be released immediately upon payment in full of the certified amount.
(ORC 729.49)
(c) Tax Liens for Unpaid Refuse Collection Fees or Service Charges. The Finance Director is hereby designated as the City Official with the authority to assess unpaid refuse collection fees or service charges pursuant to ORC 701.10, and such assessments shall not require separate approval by City Council.
(1) When fees or service charges for refuse collection are not paid, the Director of Finance shall certify them, together with any penalties and late fees, to the County Auditor in the same manner as unpaid water rents, fees, or service charges. The County Auditor shall place the certified amount on the real property tax list and duplication against the property in the same manner.
(2) The amount placed on the tax list and duplicate shall be a lien on the property served from the date placed on the list and duplicate and shall be collected in the same manner as other taxes, except that, notwithstanding ORC 323.15, the County Treasurer shall accept a payment in such amount when separately tendered as payment for the full amount of such unpaid fees or service charges and associated penalties. The lien shall be released immediately upon payment in full of the certified amount.
(3) No lien for unpaid refuse collection fees or service charges shall be assessed unless the unpaid amount is equal to or greater than Two Hundred Fifty Dollars ($250) or the unpaid amount is equal to or greater than the applicable annual fee, rate or charge imposed upon the property using the refuse collection service, regardless of the actual cost incurred by the City in providing the refuse collection services.
(ORC 701.10)
(d) Tax Liens for Unpaid Mowing Services or Property Maintenance Abatement Charges. The Finance Director is hereby designated as the City Official with the authority to assess unpaid mowing charges or unpaid charges for abatement activities pursuant to ORC 715.261, 715.47, and/or 731.54, and such assessments shall not require separate approval by City Council.
(1) When charges for mowing or abatement activities are not paid, the Director of Finance shall certify them, together with any penalties and late fees, to the County Auditor in the same manner as unpaid water service charges. The County Auditor shall place the certified amount on the real property tax list and duplication against the property in the same manner.
(2) The amount placed on the tax list and duplicate shall be a lien on the property served from the date placed on the list and duplicate and shall be collected in the same manner as other taxes, except that, notwithstanding ORC 323.15, the County Treasurer shall accept a payment in such amount when separately tendered as payment for the full amount of such unpaid charges and associated penalties. The lien shall be released immediately upon payment in full of the certified amount.
(ORC 715.261, 715.47, 731.54)
(Ord. 2022-35. Adopted 09/22/22)
(a) Collection. The Finance Director is hereby authorized to use any debt collection service to collect unpaid amounts due and owing to the City, which amounts may include, but are not limited to, unpaid utility bills, unpaid income taxes, unpaid parking tickets, unpaid mowing or property abatement charges.
(Ord. 2022-35. Adopted 09/22/22)
(b) Bad Checks. The Finance Director is hereby authorized to establish, by administrative directive, a service fee for any bad or dishonored check issued to the City for payment. The Finance Director shall establish a process to be used by the Finance Department when a bad or dishonored check is received, which shall include referral of the matter to the Law Department for prosecution if the issuer of the check does not make full restitution, including the service fee, to the Finance Department within sixty (60) days.
(Ord. 08-25. Adopted 04/24/08; Ord. 2022-35. Adopted 09/22/22)
(c) Uncollectable Charges. The Finance Director may submit a list of uncollectible fees or service charges including, but not limited to, water, sewer, stormwater, or refuse collection services, uncollectible taxes, loans, or parking tickets to the City Council, along with his or her recommendation to waive such uncollectible amounts. Upon receipt of the Finance Director's recommendation, Council may, by resolution, and with or without amendment, waive such uncollectible amounts, which waiver shall act to remove such uncollectible amounts from the active records of the applicable fund to which such amount(s) is due.
(Ord. 15-59. Adopted 11/24/15; Ord. 2022-35. Adopted 09/22/22)
(a) Establishment. The Finance Director is hereby authorized to establish a Loan Review Advisory Committee, to advise the Director and City staff, as needed, on the granting of a loan under any loan program established by the City Council. Such Committee shall consist of three (3) members, to be appointed by the Finance Director, who shall have banking or other relevant financial expertise and preference shall be given to persons who are either residents of the City or who work in the City but no member shall hold elective office or employment with the City. Other City staff members may participate at the Finance Director's request in Committee meetings in a nonvoting advisory capacity.
(b) Functions. The Loan Review Advisory Committee shall review all applications for economic development loans including, but not limited to, industrial loans, commercial loans, and micro-loans submitted to the City and make recommendations on whether to grant or deny the requested loan.
(c) Confidentiality. The Loan Review Advisory Committee shall not be subject to the Ohio Open Meetings Act, and due to the sensitive and personal financial information reviewed by the Committee, the Committee's meetings shall not be open to the public. The Finance Director shall assure that all information of a sensitive or personal financial nature presented to the Committee is appropriately safeguarded and retained by the Finance Department.
(Ord. 2022-35. Adopted 09/22/22)
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