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City of Cleveland Charter, Chapter #17
CHARTER OF CITY OF CLEVELANDChapter 17 — Department of FinanceComplete to June 30, 2007
The Director of Finance shall have charge of the Department of Finance and the administration of the financial affairs of the City, including the keeping and supervision of all accounts; the custody and disbursement of City funds and moneys; the making and collection of special assessments; the issuance of licenses; the collection of license fees; the control over expenditures; the purchase, storage and distribution of supplies needed by the City; and such other duties as the Council may by ordinance require.
(Effective November 9, 1931)
Accounts shall be kept by the Department of Finance showing the financial transactions of all departments and offices of the City. The form of all such accounts and the financial reports rendered to or by the Department of Finance, shall be described by the Director of Finance. The accounts and the accounting procedure of the City shall be adequate to record all cash receipts and disbursements, all revenues accrued and liabilities incurred, and all transactions affecting the acquisition, custody and disposition of values and for making such reports of the financial transactions and conditions of the City as may be required by law or ordinance.
(Effective November 9, 1931)
The Director of Finance shall prepare for submission to the Council at its second meeting in each month a summary statement of revenues and expenses for the preceding month, detailed as to appropriations and funds in such manner as to show the exact financial condition of the City and of each department, division and office thereof as of the last day of such month. Financial reports shall also be prepared for each quarter and fiscal year and for such other periods as may be required by the Council.
(Effective November 9, 1931)
There shall be in the Department of Finance a Division of Accounts at the head of which there shall be a Commissioner of Accounts. The Commissioner of Accounts shall be the chief accounting officer of the City. He shall, under the supervision of the Director of Finance, install and maintain accounting procedures in conformity with Section 95 of this Charter. He shall appoint all bookkeepers and other employees charged with keeping books of financial account in all departments and offices of the City; and, whenever practicable, such books and accounts shall be kept in his office. He shall require that daily report be made to him by each department and office showing the receipt of all moneys and the disposition thereof.
(Effective November 9, 1931)
Upon the death, resignation, removal or expiration of the term of any officer of the City, the Commissioner of Accounts shall cause an audit and investigation of the accounts of such officer to be made and shall report to the Mayor. In case of death, resignation or removal of the Commissioner of Accounts, the Mayor shall cause an audit to be made of his accounts. If, as a result of any such audit, an officer be found indebted to the City, the Commissioner of Accounts, or other person making such audit, shall immediately give notice thereof to the Mayor and the Director of Law and the latter shall forthwith proceed to collect such indebtedness.
(Effective November 9, 1931)
There shall be in the Department of Finance a Division of the Treasury which shall be in charge of the City Treasurer, who shall be the custodian of all public money of the city and all other public money coming into his hands as City Treasurer. The City Treasurer shall keep and preserve such moneys in the place or places determined by ordinance or by the provisions of any law applicable thereto.
(Effective November 9, 1931)
Except as otherwise provided in this Charter, the City Treasurer shall, under the supervision of the Director of Finance, collect, receive and disburse all public money of the City upon warrant issued by the Commissioner of Accounts; and he shall also receive and disburse all other public money, coming into his hands as City Treasurer, in pursuance of such regulations as may be prescribed by the authorities having lawful control over such funds.
(Effective November 9, 1931)
There shall be in the Department of Finance a Division of Purchases and Supplies. The Commissioner of Purchases and Supplies shall make all purchases for the City in the manner provided by ordinance, and shall, under such regulations as may be provided by ordinance and by direction of the Board of Control, sell all property, real and personal, of the City not needed for public use or that may have become unsuitable for use or that may have been condemned as useless by the director of a department. He shall have charge of such store rooms and warehouses of the City as the Council may by ordinance provide.
(Effective November 9, 1931)
The Commissioner of Purchases and Supplies shall sell any City-owned property under such rules and regulations as the Council shall establish; provided, however, that before making any purchase, said Commissioner shall give opportunity for competition under such rules and regulations as the Council shall establish. Supplies required by any department may be furnished upon requisition from the stores under the control of the Commissioner of Purchases and Supplies, and whenever so furnished shall be paid for by the department furnished therewith by warrant made payable to the credit of the store's account of the Division of Purchases and Supplies. The Commissioner of Purchases and Supplies shall not furnish any supplies to any department unless there be to the credit of such department an available appropriation balance, in excess of all unpaid obligations sufficient to pay for such supplies.
(Effective November 9, 1931)
There shall be in the Department of Finance a Division of Assessments and Licenses. The Commissioner of Assessments and Licenses shall have charge of the preparation and certification of all special assessments for public improvements; the mailing of notices of such assessments to property owners and all other duties connected therewith; the collection of such assessments as are payable directly to the city and the preparation and certification of all unpaid assessments to the County Auditor for collection. He shall issue all licenses and collect all fees therefor and shall pay the same to the City Treasurer in the manner provided by ordinance.
(Effective November 9, 1931)
Accounts shall be kept for each item of appropriation made by the Council and every warrant on the Treasury shall state specifically against which of such items the warrant is drawn. Each such account shall show in detail the appropriations made thereto by the Council, the amount drawn thereon, the unpaid obligations charged against it, and the unencumbered balance to the credit thereof.
(Effective November 9, 1931)
No claim against the City shall be paid unless it be evidenced by a voucher approved by the head of the department or office for which the indebtedness was incurred; and each such director or officer and his surety shall be liable to the City for all loss or damage sustained by the City by reason of his negligent or corrupt approval of any such claim. The Commissioner of Accounts shall examine all payrolls, bills and other claims and demands against the City and shall issue no warrant for payment unless he finds that the claim is in proper form, correctly computed and duly approved; that it is justly and legally due and payable; that an appropriation has been made therefor which has not been exhausted, or that the payment has been otherwise legally authorized; and that there is money in the City Treasury to make payment. He may investigate any claim and for that purpose may summon before him any officer, agent, or employee in any department, any claimant or other person, and examine him upon oath or affirmation relative thereto, which oath or affirmation he may administer. If the Commissioner of Accounts issues a warrant on the Treasury authorizing payment of any item for which no appropriation has been made or for the payment of which there is not a sufficient balance in the proper appropriation, or which is otherwise contrary to law or ordinance, he and his sureties shall be individually liable to the City for the amount thereof.
(Effective November 9, 1931)
No contract, agreement, or other obligation, involving the expenditure of money, shall be entered into, nor shall any ordinance, resolution, or order for the expenditure of money be passed by the Council, or be authorized by any officer of the City, unless the Director of Finance first certifies to the Council or to the proper officer, as the case may be, that the money required for such contract, agreement, obligation, or expenditure, is in the Treasury, to the credit of the fund from which it is to be drawn, and not appropriated for any other purpose, which certificate shall be filed and immediately recorded. The sum so certified shall not thereafter be considered unappropriated until the City is discharged from the contract, agreement or obligation.
(Effective November 9, 1931)
All moneys actually in the Treasury to the credit of the fund from which they are to be drawn, and all moneys applicable to the payment of the obligation or appropriation involved, that are anticipated to come into the Treasury before the maturity of such contract, agreement or obligation, from taxes or assessments, fees, charges, accounts and bills receivable or other credits in process of collection; and all moneys applicable to the payment of such obligation or appropriation, which are to be paid into the Treasury prior to the maturity thereof, arising from the sale or lease of lands or other property, and moneys applicable to the payment of such obligation or appropriation, which are to be paid into the Treasury prior to the maturity thereof, arising from the sale or lease of lands or other property, and moneys to be derived from lawfully authorized bonds sold and in process of delivery shall for the purposes of such certificate, be deemed in the Treasury to the credit of the appropriate fund and subject to such certification.
(Effective November 9, 1931)
(a) All contracts involving any expenditure in excess of ten thousand dollars ($10,000.00) shall first be authorized and directed by ordinance of Council. When so authorized and directed, the director of the department involved shall make a written contract with the lowest and best bidder, after advertisement once a week for two consecutive weeks in the City Record and after competitive bidding.
(b) When authorized by ordinance passed by the Council and in accordance with the general laws of the State of Ohio, competitive bidding and advertisement are not required for the City to participate in contracts of the State of Ohio or any of its political subdivisions for the purchase of supplies, services, materials and equipment.
(c) There shall be no splitting of orders to avoid the effect of this section, and any contract made contrary to or in evasion of the provisions of this section shall be illegal and void.
(Effective March 19, 1996)
All contracts, agreements, or other obligations entered into and all ordinances passed, resolutions and orders adopted, contrary to the provisions of the preceding sections, shall be void, and no person whatever shall have any claim or demand against the City thereunder, nor shall the Council, or any officer of the City, waive or qualify the limits fixed by any ordinance, resolution or order, as provided in Section 106, or fasten upon the City any liability whatever, in excess of such limits, or release or relieve any party from an exact compliance with his contract under such ordinance, resolution, or order.
(Effective November 9, 1931)
The Sinking Fund Commission shall consist of the Mayor, the Director of Finance, and the President of the Council. The Mayor shall be the President, and the Director of Finance shall be the Secretary, of the Commission. The Commission shall manage and control the Sinking Fund in the manner provided by general law or by ordinance.
(Effective November 9, 1931)
That based upon the currently available scientific and medical information which overwhelmingly demonstrates that there is no realistic, practical and effective protection against the effects of a nuclear or thermonuclear attack directed at civilian population centers, such as Cleveland, and that the only alternative to any civil defense measures is the eventual elimination of nuclear or thermonuclear weapons, the appropriation and/or expenditure of public funds by the City of Cleveland for any civil defense preparedness measures against nuclear or thermonuclear attack, including, but not limited to, plans, programs, studies and the acquisition, purchase or lease of buildings, equipment, supplies or services used or to be used in connection with such civil defense measures, are hereby declared to be wasteful and unlawful expenditures of public funds and not in the public interest and any such appropriation and/or expenditure for such civil defense measures is hereby forever prohibited.
(Effective November 2, 1982)
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