Ohio Revised Code
Chapter 3316 | Fiscal Watches, Emergencies
Section 3316.12 | Effect of Financial Recovery Plan.

Effective: June 3, 2002
Latest Legislation: House Bill 129 - 124th General Assembly
(A) No appropriation measure may be adopted nor any expenditure made contrary to the financial recovery plan adopted by a school district financial planning and supervision commission. Any existing appropriation measure inconsistent with the adopted financial recovery plan is ineffective for purposes of any expenditures to the extent that it authorizes expenditures in excess of the revenues available after adoption of the financial recovery plan, and, if not amended by the commission, shall be amended promptly by the board of education of the school district to be consistent with the plan. Any appropriation measure prior to approval by the board of education of the school district shall be submitted to the commission for review to determine whether the measure is consistent with the financial recovery plan. The school district, through the appropriate representatives of the board of education and the fiscal officer, shall cooperate with the commission in this review. The commission shall report any modifications in the appropriation measure considered necessary to conform to the financial recovery plan.
(B) Prior to giving a certificate of estimated resources or amendment of it to the school district, the county budget commission shall consult with the commission, and the commission shall revise the certificate or amended certificate in any respect in which the certificate or amended certificate is, in its judgment, inconsistent with the financial recovery plan.
(C) Any tax budget of the school district shall be consistent with the financial recovery plan approved by the commission. Before submitting a tax budget to the county auditor, the school district board of education shall submit the tax budget to the commission for amendments. The commission shall make such modifications in the tax budget as the commission determines to be necessary to conform to the financial recovery plan. This division does not apply to a school district for which the county budget commission has waived the requirement to adopt a tax budget pursuant to section 5705.281 of the Revised Code.
(D) For purposes of the financial recovery plan, tax budgets, and certificates of estimated resources, the revenue estimates shall not include revenues conditioned upon future favorable action by the electorate of the school district or by the general assembly or congress, other than appropriations of moneys for existing and continuing programs at current levels. The estimate of revenues for any month shall separately state and designate as conditional those revenues that are conditioned upon the future issuance of debt obligations, transfers of funds, advances from funds, payments or reimbursements from the sale of debt obligations, sale of capital assets of the school district, increases in or implementation of fees or other charges, or imposition of or increases in taxes, and shall be accompanied by documentation showing that the officials with authority to act to achieve realization of such conditional revenues have acted in time for realization of such revenues in the month or months indicated. In any event, there shall not be included any source or amount that in the judgment of the commission is uncertain of realization to form a proper basis for financial planning or budgeting.

Structure Ohio Revised Code

Ohio Revised Code

Title 33 | Education-Libraries

Chapter 3316 | Fiscal Watches, Emergencies

Section 3316.01 | Fiscal Watch - Fiscal Emergency Definitions.

Section 3316.02 | Solvency Assistance Fund - Shared Resource Account - Catastrophic Expenditures Account.

Section 3316.03 | Auditor of State to Declare Fiscal Watch or Fiscal Emergency.

Section 3316.031 | Identifying Unsafe Fiscal Practices and Budgetary Conditions.

Section 3316.04 | Submitting Financial Plan After Declaration of Watch.

Section 3316.041 | Restructuring or Refinancing Loans.

Section 3316.042 | Performance Audits of School District.

Section 3316.043 | Revision of Five-Year Projection to Conform to Financial Plan.

Section 3316.05 | Financial Planning and Supervision Commission.

Section 3316.06 | Commission to Adopt Financial Recovery Plan.

Section 3316.061 | Dissolution of Commission for Failure to Comply and Appointment of Fiscal Arbitrator.

Section 3316.07 | Commission - Powers, Duties and Functions.

Section 3316.08 | Annual Determination of Operating Deficit - Tax Levy Proposal.

Section 3316.09 | Expenses of Commission and Members of Commission to Be Paid.

Section 3316.10 | School District Board to Develop Financial Accounting and Reporting System.

Section 3316.11 | Board, Officers and Employees to Provide Commission With Fiscal Information.

Section 3316.12 | Effect of Financial Recovery Plan.

Section 3316.13 | Duty to Act Pursuant to Certification, Notification, Order or Request of Commission.

Section 3316.14 | Prior Approval of Commission Required for Debt Obligation.

Section 3316.16 | Criteria for Termination of Commission.

Section 3316.17 | Commission May Remove Superintendent or Treasurer of School District.

Section 3316.18 | Severability.

Section 3316.19 | Prohibited Acts During Fiscal Emergency.

Section 3316.20 | School District Solvency Assistance Fund; Shared Resource Account; Catastrophic Expenditures Account.