Not less than two weeks before the annual town meeting, the board shall hold a public hearing, at which itemized estimates of the expenditures of the town for the ensuing fiscal year shall be presented and at which all persons shall be heard in regard to any appropriation which they are desirous that the board should recommend or reject. The board shall, after such public hearing, hold a public meeting at which it shall consider the estimates so presented and any other matters brought to its attention and shall thereupon prepare and cause to be published in a newspaper in such town, if any, otherwise in a newspaper having a substantial circulation in such town, a report in a form prescribed by the Secretary of the Office of Policy and Management containing: (1) An itemized statement of all actual receipts from all sources of such town during its last fiscal year; (2) an itemized statement by classification of all actual expenditures during the same year; (3) an itemized estimate of anticipated revenues during the ensuing fiscal year from each source other than from local property taxes and an estimate of the amount which should be raised by local property taxation for such ensuing fiscal year; (4) an itemized estimate of expenditures of such town for such ensuing fiscal year; and (5) the amount of revenue surplus or deficit of the town at the beginning of the fiscal year for which estimates are being prepared; provided any town which, according to the most recent federal census, has a population of less than five thousand may, by ordinance, waive such publication requirement, in which case the board shall provide for the printing or mimeographing of copies of such report in a number equal to ten per cent of the population of such town according to such federal census, which copies shall be available for distribution five days before the annual budget meeting of such town. The board shall submit such estimate with its recommendations to the annual town meeting next ensuing, and such meeting shall take action upon such estimate and recommendations, and make such specific appropriations as appear advisable, but no appropriation shall be made exceeding in amount that for the same purpose recommended by the board and no appropriation shall be made for any purpose not recommended by the board. Such estimate and recommendations may include, if submitted to a vote by voting tabulator, questions to indicate whether the budget is too high or too low. The vote on such questions shall be for advisory purposes only, and not binding upon the board. Immediately after the board of assessment appeals has finished its duties and the grand list has been completed, the board of finance shall meet and, with due provision for estimated uncollectible taxes, abatements and corrections, shall lay such tax on such list as shall be sufficient, in addition to the other estimated yearly income of such town and in addition to such revenue surplus, if any, as may be appropriated, not only to pay the expenses of the town for such current year, but also to absorb the revenue deficit of such town, if any, at the beginning of such current year. The board shall prescribe the method by which and the place where all records and books of accounts of the town, or of any department or subdivision thereof, shall be kept. The provisions of this section shall not be construed as preventing a town from making further appropriations upon the recommendation of its board of finance at a special town meeting held after the annual town meeting and prior to the laying of the tax for the current year, and any appropriations made at such special town meeting shall be included in the amount to be raised by the tax laid by the board of finance under the provisions of this section.
(1949 Rev., S. 777; 1953, 1955, S. 359d; P.A. 77-614, S. 139, 610; P.A. 79-101; P.A. 80-483, S. 177, 186; P.A. 83-484; P.A. 95-283, S. 26, 68; P.A. 11-20, S. 1.)
History: P.A. 77-614 substituted commissioner of revenue services for tax commissioner, effective January 1, 1979; P.A. 79-101 required that public hearing, rather than public meeting, be held two weeks before town meeting and that consideration of estimates be held in public meeting rather than executive session; P.A. 80-483 substituted secretary of the office of policy and management for commissioner of revenue services; P.A. 83-484 provided for advisory questions on the budget when submitted to a vote by voting machine; P.A. 95-283 replaced board of tax review with board of assessment appeals, effective July 6, 1995; pursuant to P.A. 11-20, “machine” was changed editorially by the Revisors to “tabulator”, effective May 24, 2011.
See Sec. 7-388 re annual budget meeting.
See Sec. 7-390 re publication of budget statement.
See Sec. 7-406 re town reports.
Property in city of Stamford is subject to town taxes to meet expenses of services performed outside city and not benefiting property owners in city. 134 C. 65. Board properly exercised its discretion in that salary increase for teachers was beyond amount reasonably necessary. 138 C. 521. Cited. 178 C. 81; 192 C. 426; 217 C. 303. Statute does not preclude town charter from allowing for a bifurcated town budget. 268 C. 295.
Statute precludes charter amendment providing for separate referenda on town operating budget and board of education budget. 70 CA 358.
Board is bound to apply cash surplus in town's general fund to reduction of amount of estimated expenditures. Court cannot direct records of minutes of board be kept in town clerk's office. 11 CS 215. Towns are required to levy such taxes as are sufficient to pay estimated expenses of town for current year. 14 CS 258. If board makes no recommendations for appropriations, only annual town meeting may make appropriations. 16 CS 485. Cited. 20 CS 227; 32 CS 237.
Notes of Decisions
Cited in
8
cases, 1963–2004 · leading case:
Caulfield v. Noble, 420 A.2d 1160 (Conn. 1979).
Caulfield v. Noble, 420 A.2d 1160 (Conn. 1979).
· cites it 38× “The trial court disagreed, finding that the board of finance had properly acted in accordance with its charter, § C5-28, in setting the mill rate for fiscal 1977 and in not applying the general fund surplus in reduction of the amount to be raised by taxation in fiscal 1977; that…”
Bd. of Educ. v. Town & Borough of Naugatuck, 843 A.2d 603 (Conn. 2004).
· cites it 43× “The sole issue presented by this certified appeal is whether an amendment to the town charter of the named defendant, the town and borough of Naugatuck (town), 1 providing for separate voter referenda on the town’s education budget and operating budget, *298 is invalid because…”
Bd. of Educ. v. Naugatuck, 800 A.2d 517 (Conn. App. Ct. 2002).
· cites it 28× “Article eight, § 1, provides that there shall always be free public schools in Connecticut and that the General Assembly shall implement that principle through appropriate legislation.”
Moshier v. Goodnow, 586 A.2d 557 (Conn. 1991).
· cites it 9× “The defendants contend that, despite four town referenda rejecting budgets proposed by the town’s board of finance, General Statutes §§ 7-344 and 12-123 6 authorized them to set a mill rate and to levy *309 taxes based on an informed estimate concerning projected town…”
Bd. of Educ. v. Town & Borough, 778 A.2d 862 (Conn. 2001).
· cites it 4× “18 of the charter, permitting the mayor to serve on the board, violated General Statutes §§ 9-206a and 7-193, 5 and that § 14 of the charter, dealing *418 with the budget referenda, violated General Statutes § 7-344. 6 The board further argued that the amended *419 charter…”
Tramontano v. Dilieto, 472 A.2d 768 (Conn. 1984).
· cites it 2× “” Once the board of *433 finance realized that its original proposal violated this charter provision, which must be deemed an essential requirement for a proper budget; see General Statutes § 7-344; Moore v. Stamford, 14 Conn.”
Bd. of Educ. v. Town of Ellington, 193 A.2d 466 (Conn. 1963).
· cites it 2× “General Statutes § 7-344. The function of a board of finance is “first, to eliminate wasteful or extravagant expenditures by considering the financial aspects of the municipal government as a whole rather than from the limited viewpoint of any particular department, whether it…”
State Ex Rel. Feigl v. Raacke, 349 A.2d 150 (Conn. Super. Ct. 1975).
· cites it 5× “General Statutes § 7-344. There is in fact only one budget for a town encompassing all expenses including educational costs.”
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