Citation Numbers: 114 Misc. 2d 668
Judges: Sedita
Filed Date: 6/30/1982
Status: Precedential
Modified Date: 2/5/2022
OPINION OF THE COURT
We live in a complex society in which multiple levels and groupings of governmental units attempt to work together, hopefully for the good of our various communities. One of the inherent problems in these interrelationships is the fact that the fiscal years of the various units of government do not always coincide. This fact helps to make governmental planning and the budgetary process more a matter of prognostication than scientific exactitude. To further complicate matters, one must consider the myriad of Federal and State rules and regulations imposed on municipalities and often laden with their own timing requirements. These regulations hover menacingly over local officials with the constant threat of the loss of State or Federal aid, upon which many of our local governments have come to depend. Through this bureaucratic and legal morass came slogging
This proceeding challenges the adoption and implementation of a local law establishing a “sewer rent fund” and a system of sewer rents in the City of Lackawanna. Petitioners challenge various fiscal procedures effectuated by the respondents prior to and subsequent to the adoption of this local law.
The City of Lackawanna is the beneficiary of over $18 million in Federal and State aid for the improvement and maintenance of sewage treatment and water quality by the city. Receipt of these substantial funds was contingent upon compliance with various Federal regulations including the establishment of a system of sewer rents when the project reached a point at which it was 50% completed.
The Mayor and the city council, apparently aware that the project was nearing the 50% completion point, anticipated the establishment of sewer rents and estimated their amount when the 1981 city budget was adopted. When the project approached the 50% completion point a few months later, the Mayor and city council “adopted” a local law establishing a sewer rent system including a sewer rent fund and appropriate usage rates. The actual- adoption of the local law was apparently delayed additionally so that the proper rate could be determined and established at the time of the adoption of the local law. During the time prior to the adoption of the local law, moneys were advanced from the “general” fund to pay the operating expenses of the sewer district. Following the adoption of the local law, the city sought to reimburse the “general” fund out of the new “sewer rent” fund for moneys which were advanced to cover operating expenses in the interim period. Petitioners attack these fund transfers as improper as well as challenging the procedures followed in the adoption of the local law.
Nowhere in the statute is an express requirement that the elements of adoption follow the exact order of their appearance. The statute does not even set forth each step as a separate item. The statute amalgamates the required elements for adoption within subdivisions 4 and 5 of section 20 and in section 21 of the Municipal Home Rule Law. The obvious intent of the Legislature was to insure an opportunity for public input via a public hearing prior to any final approval of a local law. In the present case public policy and the obvious intent of the Legislature were given even fuller expression than if the requirements were followed exactly as they appear in the statute. In the case before us, the public certainly had an opportunity for input prior to final approval and that input (public hearing) was held even before the council voted on the proposed local law. The citizens were given an opportunity to express themselves before action was taken by any of their elected representatives.
Section 51 of the Municipal Home Rule Law admonishes the court that “This chapter shall be liberally construed.” The procedures for adoption of local laws are, of course, also part of the Municipal Home Rule Law to which liberal construction is mandated. Additionally, we note that the statutory rules for the construction and interpretation of statutes do not require strict compliance unless the essence
Having ruled that this local law was properly enacted, we must now deal with the question of fund transfers and budget provisions which have been questioned by the petitioners herein.
As we noted in the introduction to this opinion, fiscal years of the various levels of government do not always coincide, and the timing of various Federal or State requirements do not always mesh in a neat and simple way. Modern budgets attempt to predict and guide the flow of fiscal resources with no pretensions or guarantees of perfection. Most modern budgets recognize their inherent imperfection by building into their structure a measure of flexibility.
In the case before us, the city officials had to prepare a budget before it was appropriate or practical to adopt a local law to establish sewer rents, although the city officials foresaw the adoption of such a law and the establishment of such a system within the very near future. Aware
The allegation of impropriety in the case of certain funds arises from the fact that general fund moneys were utilized to cover the operating expenses of the sewer district during the period of the fiscal year prior to the enactment of the local sewer rent law. The respondents have pointed out that this was merely a temporary fund transfer from the general fund to be repaid upon the passage of the local law and the establishment of the sewer rent fund provided for and anticipated in the budget. In previous years the costs of the sewer district had been paid out of the general fund. In this year’s budget, the council and the Mayor had anticipated and apparently included an allocation for sewer district operating costs but the funding was to come from the sewer rent fund. While expenditure of these funds during this “catch 22” fiscal period between the beginning of the fiscal year and the adoption of the local law may have been technically improper, we can see no real damage or loss to the city taxpayers if the general fund has been fully reimbursed for the moneys which were advanced during this interim period.
This leads us to the question of whether or not it was proper for the “sewer rent fund” to reimburse the “general” fund for sewer district operating expenditures paid prior to the enactment of the local law. We think it was proper under the circumstances of this case.
Section 453 of the General Municipal Law specifically authorizes the use of sewer rent fund moneys for the payment of the costs of operation and maintenance. The
Accordingly, it is the considered opinion of this court that this petition should be denied.