PROCEDURES FOR ADOPTION OF THE ANNUAL CITY BUDGET

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OFFICE OF THE CITY ATTORNEY OPINION NO. 73-44 JUNE 15, 1973 SUBJECT: Procedures for Adoption of the Annual City Budget REpUESTED BY: Office of the City Manager PREPARED BY: Frank J. Fekete, Deputy City Attorney QUESTION l: What is the timetable required for adoption of the annual city budget? ANSWER: See Analysis. ANALYSTS (All references are to the Santa Ana City Charter; this is entirely a matter of internal city law and neither State statutes nor case law provide specific guidance). The City's fiscal year runs from July 1 through June 30 (Section 603). At least sixty days prior to a fiscal __ year, i.e., not later than May 2nd of the preceeding fiscal year, city departments must present financial plans to the city manager (Section 604). On or before June 15th, the city mana- ger must submit his budget proposal to the Council along with a proposed appropriation ordinance (Section 605). The Council shall proceed to consider the budget upon receipt, and may amend it as deemed necessary. The Coun- cil may not adopt the budget, however, until it has given mem- bers of the public an opportunity to comment on it at a public he ring for which at least ten days notice has been published an after copies of the proposed budget have been available f_o public inspection in the council clerk's office for_ at least ten days (Section 606). Following the public hearing, the Council may further revise the budget. The Council is required to adopt the budget, by which we mean enact the appropriation ordinance, not later than July 31 (Section 607). The appropriation ordinance is, except as noted below, adopted in the same manner as other ordinances of the city. Speci.f.ically, the appropriation ordi- nance is introduced in the form in which it is to be passed for what is commonly referred to as "first reading," There- after, unless an emergency situation applies (see analysis of question #2, below), the ordinance must be given a "second reading" at a regular or adjourned meeting held seven or more days later (Section 413). The only difference between an appropriation ordinance and regular ordinances is that the former takes effect immediately upon its final adoption, i.e. 89