AGO 1991-013.

• Case Date: April 05, 1991
• Court: Connecticut

Connecticut Attorney General Opinions 1991. AGO 1991-013. April 5, 1991Opinion No. 1991-013Mr. Donald A. KirshbaumBridgeport Financial Review Board55 Elm StreetHartford, CT 06106Dear Mr. Kirshbaum: Through you the Bridgeport Financial Review Board (hereinafter the "Board") has asked for our opinion regarding the procedure for setting the property tax rate in the city of Bridgeport (hereinafter the "city"). Specifically, you have inquired whether the City tax rate can be reset after the Board has taken action on the City's proposed annual budget which was predicated on a particular tax rate set by the City's Common Council under the provisions set for the in the City charter. Your question entails a review of 1988 Conn. Special Act No. 88-80, as amended, as it relates to the provisions of the City charter. It is our opinion that in the event the Board rejects the City's proposed annual budget, develops and approves an interim budget, and, as a consequence, finds that the tax rate must be reset in order to achieve a balanced City budget, the tax rate may be adjusted even after a rate was set previously by the Common Council under the provisions of the City charter. The Board was established under 1988 Conn. Special Act No. 88-80 (the "Act") as a result of the legislature's finding that a financial emergency exists in the City. The Act, § 1. The Board's mission is to review the financial affairs of the City to restore financial stability to the City. Id. Toward this end, the Board was granted various powers with respect to the City in the preparation of the annual budget. 1990 Conn. Special Act No. 90-31, § 7(1)(A). The Board shall audit compliance with the City's annual budget in such areas as the Board shall determine. Id. § 7(2)(B). Modifications to annual budgets must be approved by the Board. Id. § 8(b). The Board's existence shall terminate six months after the end of the emergency period.1 1990 Conn. Special Act No. 90-31, § 16. Section 11(b) of the Act as amended by Section 8 of 1990 Conn. Special Act No. 90-31 sets forth the budget adoption process for the City during the emergency period (3) NOT LATER THAN FORTY DAYS PRIOR TO THE COMMENCEMENT OF EACH FISCAL YEAR DURING THE EMERGENCY PERIOD, THE MAYOR SHALL SUBMIT TO THE BOARD THE GENERAL FUND AND CAPITAL FUND BUDGETS OF THE CITY AS ADOPTED BY THE COMMON COUNCIL AND...