What's happening
This bill prohibits town supervisors from appointing themselves as director of finance and establishes state-issued qualifications for the position.
Why it matters
Prevents conflicts of interest and potential abuses of power. by barring town supervisors from appointing themselves as director of finance, ensuring a separation between executive and financial oversight roles.
Establishes professional standards for a key municipal role. by requiring that directors of finance meet minimum qualifications set by the state comptroller, which may include education, relevant coursework, and work experience, raising the bar for fiscal management in towns.
Creates an objective, state-administered certification process. for directors of finance, including an application, review of character and ability, a renewable five-year certification period, and the possibility of a small application fee—helping to ensure ongoing competency and accountability.
Allows flexibility for towns with urgent needs. by permitting temporary certificates while the full qualification process is completed, ensuring that financial operations aren’t stalled during transitions.
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Who cares
Headline styles
Set Standards for Finance Directors
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local government
- Referred to local government
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
380
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT to amend the town law, in relation to the director of finance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 52 of the town law, as added by chapter 1009 of the laws of 1962, is amended to read as follows:
1. Appoint, and at pleasure remove, a director of finance who shall assist the supervisor in the preparation of the preliminary budget and the capital budget, if any, and in the administration of other fiscal operations of the town for which the supervisor is responsible; provided, however, that under no circumstances shall the supervisor appoint himself or herself to such position.
§ 2. The town law is amended by adding a new section 43 to read as follows:
§ 43. Issuance of certificates of qualification. 1. The state comptroller shall, by regulation, prescribe minimum qualifications for directors of finance appointed in accordance with subdivision one of section fifty-two of this chapter. Such qualifications may include factors such as college degree obtained, relevant coursework completed, relevant work experience, and any other factors which the state comptroller deems appropriate. The state comptroller may establish separate qualifications for director of finance in towns of the first class and towns of the second class.
2. The state comptroller shall issue a certificate of qualification to any person who meets such minimum qualifications and who otherwise demonstrates to the state comptroller that such person possesses the character, competence, training and ability to administer properly the responsibilities of the position.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01830-01-7
S. 380 2
3. Application for a certificate of qualification shall be made on a form provided by the state comptroller and shall contain all relevant information which the state comptroller deems necessary.
4. The certificate shall be valid for a period of not more than five years from the date of issuance and may be renewed for successive five year periods thereafter. The state comptroller may, in his or her discretion, impose a fee not to exceed fifty dollars on each original and renewal application.
5. Notwithstanding the provisions of this section, the state comptroller may issue a temporary certificate of qualification to any person pending the issuance of a certificate as provided in this section.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the town law, in relation to the director of finance
Purpose
To prohibit a town supervisor from appointing himself or herself to the director of finance position, and to direct the state comptroller to develop a procedure for issuing certificates of qualification to individuals appointed to such position.
Summary of provisions
Section 1. Amends subdivision 1 of section 52 of the town law to provide that under no circumstances shall the supervisor appoint him or herself to the position of director of finance.
Section 2. Adds a new section 43 to the town law directing the state comptroller to, by regulation, prescribe minimum qualifications for town directors of finance and provide for the issuance of certificates of qualification.
Section 3. Effective date.
Justification
A town supervisor is currently empowered under the Town Law to appoint a director of finance, who shall assist the supervisor in the preparation of the preliminary budget and the capital budget, and in the administration of other fiscal operations of the town for which the supervisor is responsible. Although the director of finance serves at the pleasure of the town supervisor, this person serves an important role in development of town budgets and town fiscal operations and should be a person other than the supervisor. What's more, given the size and complexities of town budgets, a minimum level of qualification for persons appointed as director of finance is warranted.
Legislative history
2015-16: S1716 - Local Government
Local fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.