6.4.1.080 Fund Transfers

(a) In order to handle unexpected short-falls and expenses, the Governor is hereby authorized to make fund transfers:

(1) within a Department or program;

(2) between two Departments or programs[;]

(3) from any available and unrestricted funds into the Contingency Fund; provided that any transfers of funds into the Contingency Fund shall be used exclusively to address unforeseen circumstances that cause or threaten to cause the Pueblo to be in default of a grant, contract or other obligation to the U.S. Government; provided, that this authorization shall expire at the end of the Fiscal Year 2016-2017.

(b) Such fund transfers must be approved by the Governor and may be up to a maximum of ten percent (10%) of the annual approved budget amount for the Department or program from which the funds are transferred, provided that such transfers do not violate any funding limitations imposed as a condition of receiving grant funds or other restricted funds.

(c) Contingency fund transfers as described in Section 1.8 are not subject to the limit described in (b) above.

(d) Such fund transfers are not considered budget modifications.

(e) In accordance with the status of the Courts in the Agreement as a coordinate branch of government, the Council hereby recognizes the inherent power of the Courts and Judicial branch officials to exercise the powers vested in them by the Agreement, including managerial, administrative, and personnel authority necessary to effectively fulfill their Judicial duties and responsibilities. In administering appropriated funds for the Judicial branch, the Chief Justice shall have the authority to reassign and/or transfer funds appropriated for the Judicial branch for expenditure on any other function or purpose necessary for the Courts to properly operate in accordance with the Agreement and the laws of the Pueblo.

(f) In accordance with the status of the Council in the Agreement as a coordinate branch of government, the Council hereby recognizes the inherent power of the Council and Legislative branch officials to exercise the powers vested in them by the Agreement, including managerial, administrative, and personnel authority necessary to effectively fulfill their Legislative duties and responsibilities. In administering appropriated funds for the Legislative branch, the Lieutenant Governor shall have the authority to reassign and/or transfer funds appropriated for the Legislative branch for expenditure on any other function or purpose necessary for the Council to properly operate in accordance with a Legislative Order approved by the Council.

(g) The role of the Governor and Finance Department in administering and processing expenditure requests from the Judicial and Legislative branches of government shall be to determine if the Courts or Council, as the case may be, have funds available from an appropriation in an approved budget, and if such funds are available, then the Governor shall ensure that such requests are completed in a timely manner, which shall be deemed to fulfill his fiduciary obligation as prescribed in the Agreement.