From the Massachusetts Finance Committee Handbook:
Budget Preparation and Submission
The prime function of the finance committee is
reviewing departmental budgets and submitting a
balanced budget to town meeting. All municipal
officers authorized to spend money must annually
provide the finance committee with estimates of
how much funding will be needed “for the prope r
maintenance of the departments under their jurisdiction.”
These estimates are submitted to the town
accountant, or if there is none, to the finance committee
or possibly the selectman
(Chapter 42 s.59
M.G.L.).
These estimates are used in the preparation
of a town’s annual operating and capital budgets .
The Massachusetts Department of Revenue (DOR)
has ruled that finance committees are
responsible
for preparing and submitting their municipality’s
annual budget. (Chapter 39 s 16, Ch. 41, s 59 and s
60M.G.L), unless there is a charter or bylaw giving
this authority to the board of selectman or town
manager(DOR’s In Our Opinion, 93-310). The
exact format of an annual town budget is community
specific. DOR has determined that while the
law regarding annual municipal budget format is
directed to cities, it should also be followed by
towns.
The format found in the law addresses itself to budgetary basics. Almost all towns and cities in
the Commonwealth go well beyond this in their
annual budget presentation package (see Chapter
2). DOR has also ruled that only a town meeting
— not the finance committee or selectmen — may
determine the exact budget format to be used (see
In Our Opinion, 92-145).
The state also specifies that only town meeting
may transfer appropriated monies. Town meeting
cannot delegate this authority to the finance committee
(Chapter 44 s33B M.G.L.) , see also In Our
Opinion, 92-836). However, in 2006 the state
allowed the Board of Selectmen, with the approval
of the finance committee to transfer sums between
May 1 and July 15. This does not apply to appropriations
for the local or regional school systems or
light boards. Transfers are limited to 3% of the
department budget or $5,000, whichever is greater.
Transfers are by majority vote. Further, the courts
have ruled generally that even though a town
bylaw calls for the finance committee to hold public
hearings, these hearings are “incidental” to the
proper function of the committee and are there fore
not mandatory (Young v. Westport , 302 Mass.597,
reaffirmed by Illig v. Plymouth, 337 Mass. 239).
posted by Jeff Bennett
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