Title 5, Counties

(a) (1) There is hereby created a finance department to administer the finances of the county for all funds of the various departments, agencies and boards that are handled by the county trustee.(2) The accounting, bank accounts, personnel and salary policies, and other policies …

(a) A county financial management committee is hereby created. (b) (1) The committee shall consist of the county mayor, supervisor of highways, director of schools, and four (4) members elected by the county legislative body at its regular September session of each year or at any…

(a) The county legislative body may authorize the committee to assume the functions of any or all of the following special committees or the county legislative body may by resolution create:(1) A budget committee;(2) An investment committee; or(3) A purchasing committee. (1) A bu…

(a) (1) The committee shall appoint the director.(2) The committee may dismiss the director, subject to the approval of the county legislative body.(3) The director shall for all purposes be an employee of the county. (1) The committee shall appoint the director. (2) The committe…

(a) The director shall oversee the operation of the department in the functions established by this chapter, and shall be responsible for the implementation of the policies of the committee or such special committees established by the county legislative body. (b) The director sh…

(a) A person employed by the finance department shall be recommended by the director and approved by the committee to serve as deputy director of finance. (b) (1) The person employed for this position shall perform such duties and responsibilities as assigned by the director.(2) …

(a) The director shall execute a blanket bond in an amount of not less than one hundred thousand dollars ($100,000) for the faithful performance of the director's duties as director and of the department employees in accordance with the general law for such bonds. (b) The cost of…

(a) On or before February 1 of each year the budget committee, in conjunction with the director, shall prescribe the budgetary procedures, forms, calendar and other information as may be necessary to implement the budgetary procedures contained in this chapter. (b) On request of …

(a) (1) (A) At least ten (10) days before the proposed budget is to be presented to the governing body, the budget committee shall cause to be published in a newspaper of general circulation the proposed annual operating budget.(B) This budget shall contain a budgetary comparison…

(a) The appropriations made in the appropriation resolution, or any amendment thereto, shall constitute the limit to expenditures for the various purposes and from the several funds of such county for the fiscal year covered by the resolution, and no expenditure shall be made or …

(a) The appropriations made by the county legislative body shall constitute authorization for the expenditures contained therein unless otherwise limited by the county legislative body. (b) Expenditures may be made and obligations created against any appropriation to an aggregate…

(a) (1) The director shall make a report at the end of each month showing the condition of the budget.(2) Such report shall show for each item of appropriation, or allotment thereof, the total expenditures for the month and the year to date, the amount of outstanding encumbrances…

(a) There shall be set up and maintained in the department a system of fiscal procedure, control and centralized accounting, which shall be under the administrative control and direction of the director. The procedures and records shall be maintained in accordance with § 5-21-103…

(a) All disbursement warrants drawn on the county trustee for the obligations of all county departments, agencies, and officials, including the county mayor, the county highway department, and the county department of education, shall be signed as provided in this section. (b) (1…

(a) The committee shall maintain a special county payroll account at a bank, in which disbursement warrants for the total of each payroll shall be deposited and against which individual net earning checks may be issued to each of the county employees. (b) The committee may author…

(a) The director or a deputy appointed by the director shall serve as the county purchasing agent and shall assist the committee in developing policies and procedures for implementing an economical and efficient purchasing system. (b) The following shall be the responsibility of …

(a) The committee, with the assistance of the purchasing agent, shall establish a purchasing system for the county. (b) Such system shall provide, among other procedures, the following:(1) Review of all contracts or purchases for biddable supplies, materials, equipment, and other…

(a) The committee shall authorize the dollar limitation when formal competitive bids are required but not to exceed the amount as authorized by state law for the highway and education departments or other such amounts as established by law. (b) Subject to the policies and regulat…

(a) (1) The director, purchasing agent, members of the committee, members of the county legislative body, other officials of the county, members of the board of education, members of the highway commission, and employees of the finance department and purchasing department shall n…

The county legislative body shall set the compensation based on the service and time rendered in implementing this chapter for members of the various committees created in this chapter.

(a) Notwithstanding any provision of this chapter, each department, agency or official shall have the authority to hire personnel and set salaries and to determine the needs for its use, all subject to budget limitations and the availability of funds. (b) The authority of the com…

(a) If the director or purchasing agent established under this chapter does not maintain records, follow accounting and budgetary procedures, and submit timely reports and information as prescribed by state law and the commissioner of education, then the comptroller of the treasu…

Any official or employee of the county, or of any institution or agency thereof, who fails or refuses to perform the duties required by this chapter or who fails or refuses otherwise to conform to this chapter commits a Class C misdemeanor, and is subject to removal from office o…

(a) This chapter shall be local in effect and shall become effective in a particular county upon a two-thirds (⅔) majority vote of the county legislative body adopting this chapter, or upon a majority of the voters casting votes in any election held for the purpose of approving t…

(a) Upon this chapter's becoming law in a county, the county legislative body shall appoint members of the committee at the next meeting of such body. (b) Within thirty (30) days after such appointment, the committee shall meet, elect a chair, and start the process for hiring a d…

Upon ratification by the county legislative body or the people in a referendum and the full implementation of the chapter's provisions on or before August 1 of the second fiscal year, the operation of all private or local acts relative to county finances, budgeting, and purchasin…

(a) This chapter once adopted may be revoked by the same method used to adopt the chapter. (b) Such revocation shall be effective with the fiscal year beginning at least sixty (60) days after passage of the resolution or referendum.

In addition to any other methods for sales of county-owned property authorized by law, any county having adopted the County Financial Management System of 1981, compiled in this chapter, is authorized to conduct a sale of county-owned property that has become surplus, obsolete, o…

It is the legislative intent that all counties in this state have certain minimum written personnel policies in effect in order to assist in maintaining compliance with applicable state and federal laws and to facilitate accurate recordkeeping. This chapter is not intended to aff…

(1) As used in this chapter, unless the context otherwise requires:(1) “Base personnel policies” means the policies that are required to be adopted under this chapter and that are enumerated in § 5-23-104;(2) “County employees” means employees of the county as defined under the f…

(a) Each county official shall adopt base personnel policies, which shall be approved by an attorney as provided in this chapter and filed in the office of the county clerk as provided in this section on or before December 31, 1997. The county official shall submit the base perso…

(1) The base personnel policies required under this chapter are:(1) Whether employees are entitled to paid vacation or annual leave, sick leave, or other leave, policies for accrual and use of such leave, policies for compliance with state and federal family and medical leave law…

The county mayor shall retain an attorney, subject to confirmation of the county legislative body, to review the base personnel policies for compliance with this chapter and other applicable law. The county mayor may, but is not required to, retain the county attorney in such cap…

Once adopted and approved as provided in this chapter, personnel policies may be amended, modified, enlarged or repealed at any time by the same process used for original adoption. Any and all personnel policies governing county employees shall be subject to change at any time, a…

(1) Each county official and each department head within the county is responsible, with respect to the employees of that office or department, for:(1) Ensuring that each employee under such person's direction has received a copy of the personnel policies in effect for that offic…

Elected or appointed officials, boards and department heads shall retain their present authority to make decisions and adopt policies that are not in conflict with this chapter, including, but not limited to, matters concerning hiring, compensation, promotions, transfers, layoffs…

If a court finds a county liable as a result of acts or omissions by any official or employee in connection with the requirements of this chapter or any policies adopted pursuant to this chapter, then the county shall have a right of action for reimbursement against the official …

In order to enforce this chapter, the county mayor is authorized to retain the county attorney, or an attorney hired pursuant to § 5-6-112, to seek mandamus to compel compliance as provided in § 5-1-107, and additionally may pursue any and all other remedies available at law or i…

No expenditure of public funds pursuant to this chapter shall be made in violation of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d).

This chapter is intended to supersede any conflicting general laws or private acts; provided, that this chapter shall not apply to any county with a population over eight hundred thousand (800,000) or any county that has adopted a metropolitan form of government.