State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-433

§ 115C‑433. Amendments to the budget resolution; budget transfers.

(a)        Subject to the provisions of subsection (b) of this section,the board of education may amend the budget resolution at any time after itsadoption, in any manner, so long as the resolution as amended continues tosatisfy the requirements of G.S. 115C‑425 and 115C‑432.

(b)        If the board of county commissioners allocates part or allof its appropriations pursuant to G.S. 115C‑429(b), the board ofeducation must obtain the approval of the board of county commissioners for anamendment to the budget that (i) increases or decreases expenditures from thecapital outlay fund for projects listed in G.S. 115C‑426(f)(1) or (2), or(ii) increases or decreases the amount of county appropriation allocated to apurpose or function by twenty‑five percent (25%) or more from the amountcontained in the  budget ordinance adopted by the board of countycommissioners: Provided, that at its discretion, the board may in its budgetordinance specify a lesser percentage, so long as such percentage is not lessthan ten percent (10%).

(c)        The board of education may by appropriate resolutionauthorize the superintendent to transfer moneys from one appropriation toanother within the same fund, subject to such limitations and procedures as maybe prescribed by the board of education or State or federal law or regulations.Any such transfers shall be reported to the board of education at its nextregular meeting and shall be entered in the minutes.

(d)        The board of education may amend the budget to transfermoney to or from the capital outlay fund to or from any other fund, with theapproval of the board of county commissioners, to meet emergencies unforeseenand unforeseeable at the time the budget resolution was adopted. When such anemergency arises, the board of education may adopt a resolution requestingapproval from the board of commissioners for the transfer of a specified amountof money to or from the capital outlay fund to or from some other fund. Theresolution shall state the nature of the emergency, why the emergency was notforeseen and was not foreseeable when the budget resolution was adopted, whatspecific objects of expenditure will be added or increased as a result of thetransfer, and what objects of expenditure will be eliminated or reduced as aresult of the transfer. A certified copy of this resolution shall betransmitted to the board of county commissioners for (its) approval and to theboards of education of all other local school administrative units in thecounty for their information. The board of commissioners shall act upon therequest within 30 days after it is received by the clerk to the board ofcommissioners or the chairman of the board of commissioners, after havingafforded the boards of education of all other local school administrative unitsin the county an opportunity to comment on the request. The board ofcommissioners may either approve or disapprove the request as presented. Uponeither approving or disapproving the request, the board of commissioners shallforthwith so notify the board of education making the request and any otherboard of education that exercised its right to comment thereon. Upon receivingsuch notification, the board of education may proceed to amend the budgetresolution in the manner indicated in the request. Failure of the board ofcounty commissioners to act within the time allowed for approval or disapprovalshall be deemed approval of the request. The time limit for action by the boardof county commissioners may be extended by mutual agreement of the board ofcounty commissioners and the board of education making the request. A budgetresolution amended in accordance with this subsection need not comply with G.S.115C‑430. (1975, c. 437, s.1; 1981, c. 423, s. 1.)