Mayor Allyn, III noted Mr. Hartling’s statement that “the Board of Education has
indicated that they would use those funds in the non-Lapsing Account for Capital
Needs.” Therefore, he suggested, as was done in 1988 that this intention be put in
writing via a Resolution or Policy that the Board of Education’s year-end budget surplus
would be appropriated to their Capital Non-Recurring Account.
Mr. Hartling stated because the Board of Education’s year-end budget surplus would be
a one-time infusion of funding that it should not be used for on-going operational costs
and should be solely used for one-time Capital Expenses. However, he stated it would be
the Board of Education’s decision on how to use their year-end budget surplus which in
according to Public Act #24-45 could be used for educational purposes; and whether
they wanted to implement a Policy, noting that it would be at the Board of Education’s
discretion.
Councilor Ryan stated that he generally agreed that State Law would supersede Local
Law unless there was a carve out. He stated Public Act #24-45 included a carve-out
noting that it stated: “For the Fiscal Year Ending June 30, 2024; and each fiscal year
thereafter, not withstanding any provisions of the General Statutes, or any Special
Act, Municipal Charter, Home Rule Ordinance, or other Ordinance, a local Board of
Education may deposit into a Non-Lapsing Account….” Therefore, he stated the
Town Charter would take precedence, which provides the Town Council the power to
appropriate any non-budgeted revenues, which again, this would be. Mr. Hartling
stated the second the funds were allocated the to the Board of Education during the
Annual Budget Process, that those funds were a budgeted revenue. He stated that
once the Board of Education has its budget that the Town Council does not get to
pick what the Board of Education spend those funds on.
Councilor Ryan asked Finance Director Matthew Bonin whether the year-end budget
surplus a non-budgeted revenue. Mr. Bonin explained that the movement of the
Board of Education’s Fiscal Year 2024/2025 year-end budget surplus would take
place in the Fiscal Year 2025/2026; because the prior fiscal year budget (fy 24/25)
was closed. Therefore, he stated currently there was no budget to transfer those funds
to. Mr. Hartling stated that Mr. Bonin was correct, in that the Board of Education
does not have a mechanism, to move their year-end surplus, because the funds reside
in the General Fund, noting that the Board of Education does not have access to the
General Fund, noting that this was a process piece; and not a conflict with the State
Law.
Councilor Ryan stated that there appeared to be some interpretation her. However, he
stated that he thought what Mr. Hartling was saying was that the 1988 “Resolution
Creating a Funding Mechanism for Making Annual Appropriations to a Capital
Reserve Fund for the Board of Education” did not need to be cancelled. Mr. Hartling
stated Councilor Ryan’s understanding was100% correct.
Councilor Buhle stated that based on their discussion, there does not seem to be any
harm if they keep the 1988 1988 “Resolution Creating a Funding Mechanism for
Making Annual Appropriations to a Capital Reserve Fund for the Board of