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HomeMy WebLinkAboutFinally adopt Ordinance No. 1787, Amending Ordinance 1729, Section 3.30.040 mininum level of budgeted general fund.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Anna Rosenberry, Finance Director Chris Kukulski, City Manager SUBJECT: Finally adopt Ordinance 1787 - Amending Ordinance No. 1729, Section 3.30.040 Minimum Level of Budgeted General Fund Unreserved Fund Balance. MEETING DATE: May 17, 2010 AGENDA ITEM TYPE: Action RECOMMENDATION: Finally Adopt Ordinance 1787 - Amending Ordinance No. 1729, Section 3.30.040 Minimum Level of Budgeted General Fund Unreserved Fund Balance. BACKGROUND: On April 26, 2010, the Commission provisionally adopted this Ordinance, making a small change (from 16.66% to 16 2/3%) in language and inserting codification instructions. Below are the details that were presented for Provisional Adoption. Due to recent changes by the Government Finance Officer Association’s established Best Practices, our existing Budget Administration Ordinance No. 1729 is now out of compliance with the City’s Charter. Section 5.04 – “Budget” of the City Charter requires (emphasis added): b. Unreserved Fund Balance. A minimum level of budgeted general fund unreserved fund balance shall be established by ordinance and shall be in accordance with the GFOA Government Finance Officers Association recommended practice on appropriate levels of unreserved fund balance in the general fund This provision does not limit appropriations in case of emergency pursuant to state law. The existing Budget Administration ordinance establishes this minimum (emphasis added): 3.30.040 Minimum Level of Budgeted General Fund Unreserved Fund Balance. The City Manager will recommend and the Commission will adopt an Approved Budget that results in a year-end General Fund Unreserved Fund Balance that of no less than 12% of estimated General Fund revenues. If the Commission desires to adopt or amend the budget in a way that decreases the General Fund Unreserved Fund Balance to a level below 12% of estimated General Fund Revenues, they may do so after holding 312 a separate public hearing to state why it is in the best interest of the City to do so. At no time may a budget be adopted or amended that results in a year-end General Fund Unreserved Fund Balance of less than 5% of estimated General Fund Revenues. This limit does not apply in case of an emergency, pursuant to state law.” In October 2009, the Executive Board of the GFOA updated and changed their recommended Best Practice for Appropriate Level of Unrestricted Fund Balance in the General Fund, which is attached. It now establishes the minimum recommended level of 16 2/3% (two months of operating revenue.) The Best Practice now reads (emphasis added): The adequacy of unrestricted fund balance in the general fund should be assessed based upon a government’s own specific circumstances. Nevertheless, GFOA recommends, at a minimum, that general-purpose governments, regardless of size, maintain unrestricted fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. The choice of revenues or expenditures as a basis of comparison may be dictated by what is more predictable in a government’s particular circumstances. Furthermore, a government’s particular situation often may require a level of unrestricted fund balance in the general fund significantly in excess of this recommended minimum level. In any case, such measures should be applied within the context of long-term forecasting, thereby avoiding the risk of placing too much emphasis upon the level of unrestricted fund balance in the general fund at any one time. With our existing language of no less than 12% of estimated revenues, our Ordinance is no longer in compliance with GFOA’s recommended best practice of 16 2/3%. In addition, GFOA’s new recommendation does not include a range for the minimum level recommended as it did in the past. The previous recommendation was that the minimum reserve be between 5-15% of operating revenues. This “5%”, at the bottom of the range, was used to establish a minimum level that could not be breached without amending the ordinance. Because this very low range is no longer a part of the Best Practice recommendation, we recommend striking it from our Ordinance. We recommend section 3.30.040 be amended to read: 3.30.040 Minimum Level of Budgeted General Fund Unreserved Fund Balance. The City Manager will recommend and the Commission will adopt an Approved Budget that results in a year-end General Fund Unreserved Fund Balance that of no less than 12% 16 2/3% of estimated General Fund revenues. If the Commission desires to adopt or amend the budget in a way that decreases the General Fund Unreserved Fund Balance to a level below 12% 16 2/3% of estimated General Fund Revenues, they may do so after holding a separate public hearing to state why it is in the best interest of the City to do so. At no time may a budget be adopted or amended that results in a year-end General Fund Unreserved Fund Balance of less than 5% of estimated General Fund Revenues. This limit does not apply in case of an emergency, pursuant to state law. 313 UNRESOLVED ISSUES: It remains to be seen if we will be able to develop a budget recommendation for FY11 that will meet these higher reserve thresholds. We would anticipate holding the “separate public hearing” component, if necessary, for the FY11 Budget. ALTERNATIVES: 1. Phase the increased reserve requirement, within the Ordinance language itself. Find that our existing reserve levels meet these new requirements, citing the clause regarding adjustments to the minimums for “long-term forecasting.” 2. Establish a minimum reserve higher than GFOA’s recommended levels. FISCAL EFFECTS: Because the required reserve balance restricts General Fund dollars from being used to fund regular operations, this requirement has far reaching fiscal effects that will continually have impact. The FY10 Budget has an estimated ending General Fund unreserved fund balance of 14.4% ($3,078,000.) Increasing that amount to 16 2/3% would require an additional $479,385 be set aside in reserve. Attachments: Ordinance No. 1787 GFOA - Best Practice for Appropriate Level of Unrestricted Fund Balance in the General Fund Report compiled on: May 12, 2010 314 ORDINANCE NO. 1787 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA AMENDING ORDINANCE 1729 - PROVIDING THAT SECTION 3.30.040 MINIMUM LEVEL OF BUDGETED GENERAL FUND UNRESERVED FUND BALANCE BE INCREASED TO 16 2/3%, AND ELIMINATING THE 5% MINIMUM THRESHOLD. BE IT ORDAINED By the City Commission of the City of Bozeman Montana that, Section 1 That the Bozeman Municipal Code Chapter 3.30.040 be amended so that Chapter 3.30.040 reads: 3.30.040 Minimum Level of Budgeted General Fund Unreserved Fund Balance. The City Manager will recommend and the Commission will adopt an Approved Budget that results in a year-end General Fund Unreserved Fund Balance that of no less than 12% 16 2/3% of estimated General Fund revenues. If the Commission desires to adopt or amend the budget in a way that decreases the General Fund Unreserved Fund Balance to a level below 12% 16 2/3% of estimated General Fund Revenues, they may do so after holding a separate public hearing to state why it is in the best interest of the City to do so. At no time may a budget be adopted or amended that results in a year-end General Fund Unreserved Fund Balance of less than 5% of estimated General Fund Revenues. This limit does not apply in case of an emergency, pursuant to state law. Section 2 Repealer: All resolutions ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 3 Savings provision: This ordinance does not affect the rights and duties that matured penalties that were incurred or proceedings that were begun before the effective date of this ordinance Section 4 Severability: If any portion of this ordinance or the application thereof to any person or circumstances is held invalid such invalidity shall not affect other provisions of this ordinance 315 which may be given effect without the invalid provisions or application and the provisions of this ordinance are declared to be to this end severable. Section 5 Effective Date: This ordinance shall be in full force and effect thirty 30 days after final adoption. Section 6 Codification Instruction: The provisions of Section 1 shall be codified as appropriate in Title 3, Chapter 3.30.040 of the Bozeman Municipal Code. PASSED by the City Commission of the City of Bozeman Montana on first reading at a regular session thereof held on the 26th day of April, 2010 ______________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ___________________________________________ STACY ULMEN, CMC City Clerk PASSED by the City Commission of the City of Bozeman Montana on second reading at a regular session thereof held on the 17TH day of May, 2010. ______________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ___________________________________________ STACY ULMEN, CMC City Clerk 316 APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 317 BEST PRACTICE Appropriate Level of Unrestricted Fund Balance in the General Fund (2002 and 2009) (BUDGET and CAAFR) Background. Accountants employ the term fund balance to describe the net assets of governmental funds calculated in accordance with generally accepted accounting principles (GAAP). Budget professionals commonly use this same term to describe the net assets of governmental funds calculated on a government’s budgetary basis.1 In both cases, fund balance is intended to serve as a measure of the financial resources available in a governmental fund. Accountants distinguish up to five separate categories of fund balance, based on the extent to which the government is bound to honor constraints on the specific purposes for which amounts can be spent: nonspendable fund balance, restricted fund balance, committed fund balance, assigned fund balance, and unassigned fund balance.2 The total of the last three categories, which include only resources without a constraint on spending or for which the constraint on spending is imposed by the government itself, is termed unrestricted fund balance. It is essential that governments maintain adequate levels of fund balance to mitigate current and future risks (e.g., revenue shortfalls and unanticipated expenditures) and to ensure stable tax rates. Fund balance levels are a crucial consideration, too, in long-term financial planning. In most cases, discussions of fund balance will properly focus on a government’s general fund. Nonetheless, financial resources available in other funds should also be considered in assessing the adequacy of unrestricted fund balance (i.e., the total of the amounts reported as committed, assigned, and unassigned fund balance) in the general fund. Credit rating agencies monitor levels of fund balance and unrestricted fund balance in a government’s general fund to evaluate a government’s continued creditworthiness. Likewise, laws and regulations often govern appropriate levels of fund balance and unrestricted fund balance for state and local governments. Those interested primarily in a government’s creditworthiness or economic condition (e.g., rating agencies) are likely to favor increased levels of fund balance. Opposing pressures often come from unions, taxpayers and citizens’ groups, which may view high levels of fund balance as "excessive." Recommendation. The Government Finance Officers Association (GFOA) recommends that governments establish a formal policy on the level of unrestricted fund balance that should be maintained in the general fund.3 Such a guideline should be set by the appropriate policy body and should provide both a temporal framework and 1 For the sake of clarity, this recommended practice uses the terms GAAP fund balance and budgetary fund balance to distinguish these two different uses of the same term. 2 These categories are set forth in Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, which must be implemented for financial statements for periods ended June 30, 2011 and later. 3 Sometimes restricted fund balance includes resources available to finance items that typically would require the use of unrestricted fund balance (e.g., a contingency reserve). In that case, such amounts should be included as part of unrestricted fund balance for purposes of analysis. 318 2 specific plans for increasing or decreasing the level of unrestricted fund balance, if it is inconsistent with that policy. 4 The adequacy of unrestricted fund balance in the general fund should be assessed based upon a government’s own specific circumstances. Nevertheless, GFOA recommends, at a minimum, that general-purpose governments, regardless of size, maintain unrestricted fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures.5 The choice of revenues or expenditures as a basis of comparison may be dictated by what is more predictable in a government’s particular circumstances.6 Furthermore, a government’s particular situation often may require a level of unrestricted fund balance in the general fund significantly in excess of this recommended minimum level. In any case, such measures should be applied within the context of long-term forecasting, thereby avoiding the risk of placing too much emphasis upon the level of unrestricted fund balance in the general fund at any one time. In establishing a policy governing the level of unrestricted fund balance in the general fund, a government should consider a variety of factors, including: • The predictability of its revenues and the volatility of its expenditures (i.e., higher levels of unrestricted fund balance may be needed if significant revenue sources are subject to unpredictable fluctuations or if operating expenditures are highly volatile); • Its perceived exposure to significant one-time outlays (e.g., disasters, immediate capital needs, state budget cuts); • The potential drain upon general fund resources from other funds as well as the availability of resources in other funds (i.e., deficits in other funds may require that a higher level of unrestricted fund balance be maintained in the general fund, just as, the availability of resources in other funds may reduce the amount of unrestricted fund balance needed in the general fund);7 • Liquidity (i.e., a disparity between when financial resources actually become available to make payments and the average maturity of related liabilities may require that a higher level of resources be maintained); and • Commitments and assignments (i.e., governments may wish to maintain higher levels of unrestricted fund balance to compensate for any portion of unrestricted fund balance already committed or assigned by the government for a specific purpose). Furthermore, governments may deem it appropriate to exclude from consideration resources that have been committed or assigned to some other purpose and focus on unassigned fund balance rather than on unrestricted fund balance. Naturally, any policy addressing desirable levels of unrestricted fund balance in the general fund should be in conformity with all applicable legal and regulatory constraints. In this case in particular, it is essential that differences between GAAP fund balance and budgetary fund balance be fully appreciated by all interested parties. Approved by the GFOA’s Executive Board, October, 2009. 4 See Recommended Practice 4.1 of the National Advisory Council on State and Local Budgeting governments on the need to "maintain a prudent level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls or unpredicted one-time expenditures" (Recommended Practice 4.1). 5 In practice, a level of unrestricted fund balance significantly lower than the recommended minimum may be appropriate for states and America’s largest governments (e.g., cities, counties, and school districts) because they often are in a better position to predict contingencies (for the same reason that an insurance company can more readily predict the number of accidents for a pool of 500,000 drivers than for a pool of fifty), and because their revenues and expenditures often are more diversified and thus potentially less subject to volatility. 6 In either case, unusual items that would distort trends (e.g., one-time revenues and expenditures) should be excluded, whereas recurring transfers should be included. Once the decision has been made to compare unrestricted fund balance to either revenues or expenditures, that decision should be followed consistently from period to period. 7 However, except as discussed in footnote 4, not to a level below the recommended minimum. 319