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S3480Senate2019-2020 Session

Set Finance Director Standards

Official title

“Relates to the office of director of finance”

Sponsor David CarlucciSD-38Affects Local Government
Status
In Senate Committee
Local Government
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Local Government

What's happening

This bill requires town directors of finance to meet minimum qualifications set by the state comptroller and prohibits supervisors from appointing themselves to the position.

Why it matters

  1. Raises the standard for town financial oversight. by ensuring that directors of finance must meet qualifications determined by the state comptroller, which could include education, experience, and relevant training. This aims to professionalize a critical municipal role.

  2. Reduces opportunities for conflicts of interest or concentration of power. by explicitly prohibiting town supervisors from appointing themselves as directors of finance, thus strengthening checks and balances in town government.

  3. Creates a formal, renewable certification process. for directors of finance, including possible application fees and a five-year renewal cycle, which may encourage ongoing professional development and accountability.

  4. Allows for flexibility during transitions. by enabling the state comptroller to grant temporary certificates, helping towns avoid gaps in financial leadership while permanent qualifications are being evaluated.

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Who cares

Headline styles

Set Finance Director Standards

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Mental Health And Developmental Disabilities

No co-sponsors yet.

History

  1. Referred to local government
  2. Referred to local government

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3480

2019-2020 Regular Sessions

IN SENATE

February 7, 2019

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.

LBD06237-01-9

S. 3480 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 indi- viduals 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 adminis- tration 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 develop- ment 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

2017-18: S380 - LOCAL GOV'T 2015-16: 51716 - 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.