§47C-6 - Public hearing; declaratory judgment.
§47C-6 Public hearing; declaratoryjudgment. In the event the certification by the director of finance of anysummary and supporting schedules filed with the council of the county shall setforth therein that the corporation counsel or the chairperson of the financecommittee has disagreed as to any item therein, the council at its election mayhold a public hearing on any factual matters as to which there isdisagreement. The public hearing shall be held at a regular meeting of thecouncil. Public notice of the public hearing shall be given at least once atleast five days prior to the date set for the hearing in the county. Thecouncil after the public hearing may make findings as to all the factual itemsabout which there is disagreement, which findings shall be conclusive. Uponthe findings having been made, the director of finance shall revise the summaryand supporting schedules to reflect the findings, and shall certify the revisedsummary and supporting schedules to the council.
In the event the certification by the directorof finance of any summary and supporting schedules filed with the council ofthe county shall set forth therein that the corporation counsel has disagreedas to any legal finding or determination therein, the council at its electionmay direct the corporation counsel to file a declaratory judgment action in thename of the county against the director of finance in the circuit court havingjurisdiction over the county. The circuit court having jurisdiction over thecounty is hereby vested with jurisdiction over the declaratory judgmentaction. The findings and determinations by the circuit court in the actionshall be conclusive. Upon the findings and determinations having been made bythe circuit court, the director of finance shall revise the summary andsupporting schedules to reflect the findings, and shall certify the revisedsummary and supporting schedules to the council. [L 1970, c 202, pt of §1; gench 1993; am L 1998, c 2, §16]