MISSY MOSBY PRESENTS AN ORDINANCE AMENDING CHAPTER 3.110 ACCOUNTS AND TRANSFERS

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ORDINANCE G-2016-16 INTRODUCING: MISSY MOSBY-COMMITTEE: A.S.D.
AN ORDINANCE AMENDING CHAPTER 3.110 (ACCOUNTS AND TRANSFERS)
OF THE CODE OF ORDINANCES
WHEREAS, the Common Council desires to preserve transparency and accountability of local government finances while also providing greater flexibility in transfers between segregated accounts.

NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Evansville as follows:

Section 1. Amendment of Section 3.110.020 of the Code. Section 3.110.020 of the Evansville Municipal Code is hereby amended by deleting the stricken words and inserting the words underlined as follows:

3.110.20 Accounts.
(A) All pension funds shall be segregated in a separate account from the operating account.
(B) All rainy day funds, riverboat funds, and debt obligation (excluding utility-related debt obligations) funds shall be segregated in a separate account from the operating and pension accounts.
(CB) The Controller’s office of the City of Evansville, Indiana, may invest proceeds from these funds and shall account for them in accordance with State law.
(DC) Nothing in this chapter shall be interpreted in a manner that conflicts with existing and future resolutions, ordinances, or other governing instruments relating to debt obligations of the City of Evansville, Indiana, and its agencies.

Section 2. Addition of Section 3.110.030 to the Code. Section 3.110.030 of the Evansville Municipal Code is hereby added as follows:

3.110.030 Transfers.
(A) The City may transfer appropriations from one major budget classification or fund to another major budget classification or fund if:
(1) the City determines that the transfer is necessary;
(2) the transfer does not require the expenditure of more money than the total amount set out in the budget as finally determined under IC 6-1.1; and
(3) the Mayor, City Controller, or the Mayor’s designated representative provides notice to the City Council within twenty (20) days of when the transfer is made.
(B) Routine transfers between accounts for employee payroll, payroll taxes, payroll withholdings, employee benefits, and investments are excluded from the notice requirement of this section unless expressly requested by City Council.
(C) Transfer of funds to and from the rainy day funds and economic development income tax fund shall be made in compliance with state law, including IC 36-1-8 et seq. and IC 6-3.5-7 et seq.

Section 3. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council.

PASSED BY the Common Council of the City of Evansville, Indiana, on the ___ day of _________________, 2016, and on said day signed by the President of the Common Council and attested by the City Clerk.
ATTEST:
____________________________ ____________________________
Missy Mosby Laura Windhorst, City Clerk
President of the Common Council City of Evansville, Indiana

Presented to me, the undersigned, City Clerk of the City of Evansville, Indiana, and to the Mayor of said City, the ____ day of ________________, 2016, at _____ o’clock __.m. for his consideration and action thereon.
____________________________
Laura Windhorst, City Clerk
City of Evansville, Indiana

Having examined the foregoing ordinance, I do now, as Mayor of the City of Evansville, Indiana, approve said ordinance and return the same to the City Clerk this _____ day of ______________, 2016, at ___________o’clock __.m.
____________________________
Lloyd Winnecke, Mayor

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9 COMMENTS

  1. It appears that the City of Evansville is just now getting around to laying the groundwork for correcting the ongoing audit exceptions reported on the city’s SBOA financial compliance audits for many years.

    While it is a step in the right direction, it is very late in coming.

    • Did I misunderstand the ordinance? The way I read it, it undoes the ordinance that requires City Council to approve transfers of funds, so they can again juggle money under cover of darkness. I hope I’m wrong on this, but the way I interpret it, the Council won’t even routinely get notice of book-juggling in order to make payroll and pension funds payments.

      • Dear EKB

        Your assessment of this amendment is absolutely correct. However, the current ordinance has been disregarded by Russ Lloyd. In December, the City received an advance payment much like what they have been doing with the utility dept, i.e. deposit future revenue in the current year and delay payments of our bills misleading the public by convincing us that we are on sound ground financially. But the moneys received in December amount to $12,500,000 representing Riverboat lease payments which should have been deposited in the Riverboat Fund. It was deposited and then immediately transferred into the General Fund. Why? because Russ had to do this in order from presenting the General Fund in a DEFICIT BALANCE of over 6 MILLION DOLLARS. We should be outraged and having a simpleton running the Council be assured that we will have financial calamity.

  2. 3.110.20 Accounts.
    (A) All pension funds shall be segregated in a separate account from the operating account.
    (B) All rainy day funds, riverboat funds, and debt obligation (excluding utility-related debt obligations) funds shall be segregated in a separate account from the operating and pension accounts.
    Does this mean they can still “borrow” from the utility if they need to?

    • It appears to give Controller, CPA, and Master Book Juggler Lloyd the authority to keep millions of dollars in the air whenever he feels the need, so long as he notifies City Council AFTER THE FACT.

      • Yes. This was no surprise. People can save some reading just by looking at who’s carrying this for Winnecke. It’ll get worse, much of the worsening will be facilitated by the Mosby/Winnecke code change codifying what has long been their de facto shady accounting practice.

        Those windfalls coming our way are already spent. Any phony call for public input should be met by laughter.

        • There already spent twice if you figure in the sewer work and the apartments that are on the agenda. I wonder what Winky friend we’re financing this time.

      • Who on Council will be monitoring the Master Book Juggler. First of all, members on council need to know what funds belong to what bank account and they need to have an understanding of the bank reconciliation process. The only person on Council that should have those skills should be Anna Hargis. She proclaims to be a CPA or will she simply cave under the weight of Wayne Park and that my friends is a lot of weight

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