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2021-22 Budget & Proposed Tax Rate Posting

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  • #410
    Dr. Mary Bone
    Participant

    Trustees,

    We are posted on the agenda to vote on the budget and proposed tax rate this Thursday June 17, 2021. I have been trying to find the required legal posting per TEC 44.004 that Board President Weir should have ensured was completed (per TEC 44.004) but have not been able to locate these postings. When asked President Weir’s reply indicated that she was not aware these posting needed to be done before this meeting and vote.

    I wanted to make the board aware that my understanding is we are not able to vote on the budget or proposed tax rate Thursday unless we can ensure the correct postings took place per TEC 44.004. This includes 1: a published posting in a newspaper and 2: on the district’s website. I will post more information below about the postings, but I cannot find them. If a Trustee knows where these postings were made and when they were posted, please reply here.

    I would like to see these posting since we have asked for three different variations of tax rates, I wanted to know which set of rates were posted. I also wanted to understand how these required posting could have been done before our budget workshop last Thursday (June 10th).

    Transparency for me is important and I want to ensure open and transparent government. For me personally this includes ensuring these types of postings are done not just at the minimum but with lots of visibility so our community can participate and understand how the largest property taxing entity may be impacting their taxes.

    Here is some information from TASB that explains this required process (TASB School Law eSource; School District Budget and Tax Rate Adoption in 2021; 2021)
    “Plan and publish notice of the budget and proposed tax rate meeting: When the budget has been prepared, the president calls a meeting of the board to adopt the budget. The president also provides for publication of the Notice of Public Meeting to Discuss Budget and Proposed Tax Rate. At least 10 but not more than 30 days before the date of the hearing, the district must publish the Notice of Public Meeting to Discuss Budget and Proposed Tax Rate (Texas Comptroller’s Form 50-280) in strict compliance with Texas Education Code section 44.004. Form 50-280 is available on the comptroller’s TNT website regarding Notice Requirements under School Districts.
    • The notice must be published in a daily, weekly, or biweekly newspaper published in the district. If no such newspaper is published in the district, the notice must be published in at least one newspaper of general circulation in the county in which the district’s central administrative office is located.
    • The notice must be at least one-quarter page of a standard-size or tabloid-size newspaper, and the headline must be in 18-point or larger type.
    • In addition to other required information and calculations, the notice must state that a district may not increase its M&O tax rate to create a surplus in M&O tax revenue for the purpose of paying the district’s debt service.
    • All districts must publish the notice and hold the public meeting, regardless of whether the tax rate is increasing, decreasing, or remaining the same.
    • If a district does not comply with the notice requirements and the failure to comply was not in good faith, a district taxpayer is entitled to an injunction restraining the collection of taxes by the district.
    Post a summary of the proposed budget: At the time the Notice of Public Meeting to Discuss Budget and Proposed Tax Rate is published, the district must post a summary of the proposed budget on the district’s website or at the central administrative office if the district has no website”

    #411
    Amy Weir
    Member

    Trustee Bone,

    I think you need to go back and review the material for the budget meeting on Thursday. I don’t think you understand what this meeting is about, even though it is the last of numerous meetings on this topic. This is a meeting to approve the Round Rock ISD budget for next year. We are not setting the tax rate at this meeting. Please review the previous meetings and the numerous times that Dr. Adix said that the tax rate will be set in September. The meeting on Thursday must have assumptions in the budget regarding the tax rate, which is why at every meeting Dr. Adix has listed the tax rate for both M&O and I&S in the assumptions portion of the presentation. When we vote on a budget on Thursday we will be confirming the assumptions of the tax rate. We will approve a budget based on what a majority of trustees believe they are willing to vote on in September for the tax rate.

    In September the tax rate hearing will be properly posted and the community properly notified per state law.

    If you need further clarification in order to be prepared for the budget meeting on Thursday, please contact Dr. Presley.

    #413
    Danielle Weston
    Participant

    This is my first budget as a trustee so I am not the expert. As such, I have referred to state law in the TEXAS EDUCATION CODE for guidance.

    Unfortunately, we aren’t allowed to post hyperlinks so I copied and pasted the long title of the governing document:
    TITLE 2. PUBLIC EDUCATION
    SUBTITLE I. SCHOOL FINANCE AND FISCAL MANAGEMENT
    CHAPTER 44
    FISCAL MANAGEMENT
    SUBCHAPTER A. SCHOOL DISTRICT FISCAL MANAGEMENT

    The words “tax rate” appear 23 times in the relevant section (44.004).

    I do recall what Pres Weir is talking about. I recall the district always posting the proposed tax rate in accordance with all requirements (such as the 10 days in advance notification requirement) specified leading up to the board adopting the tax rate every September.

    Where I lack clarity is the fact that the word “budget” also appears regularly throughout 44.004 when referencing these notification and posting requirements. I’m not a lawyer or accountant. It appears to me that the same notifications/posting we make regarding the tax rate are also required when it comes to the budget itself.

    I think it’s prudent to ask our general counsel and probably TASB for clarification at this juncture.

    #414
    Dr. Mary Bone
    Participant

    President Weir,

    The following is in regards to our June 17th, 2021 agenda item E1 which reads: PUBLIC HEARING: PROPOSED 2021-2022 BUDGET AND TAX RATE

    If you go to the Round Rock Independent School District – Budget Information website you will find for each year a “Notice of Public Meeting to Discuss Budget and Proposed Tax Rate” that is published every June per TEC 44.004 it is the president’s responsibility to do this. So please let me know where this posting is on the RRISD website and where it was published on or before the 7th of June (10 days in advance).

    Why is this so important? Because as stated by TASB if a district does not comply with the notice requirements and the failure to comply was not in good faith, a district taxpayer is entitled to an injunction restraining the collection of taxes by the district. I am just trying to protect the district from this.

    Texas Education Code (TEC) 44.004 states the following (you can find all the Texas Education Code online free with a simple search). Please note that this is just a very small part of the code but it shows that the president is responsible for this action. There are also many TASB documents that you can find to help understand the code.

    Sec. 44.004
    Notice of Budget and Tax Rate Meeting; Budget Adoption
    (a)When the budget has been prepared under Section 44.002 (Preparation of Budget), the president shall call a meeting of the board of trustees for the purpose of adopting a budget for the succeeding fiscal year.
    (b)The president shall provide for the publication of notice of the budget and proposed tax rate meeting in a daily, weekly, or biweekly newspaper published in the district. If no daily, weekly, or biweekly newspaper is published in the district, the president shall provide for the publication of notice in at least one newspaper of general circulation in the county in which the district’s central administrative office is located. Notice under this subsection shall be published not earlier than the 30th day or later than the 10th day before the date of the hearing.

    #424
    Dr. Mary Bone
    Participant

    President Weir,

    Thanks for taking the time and finding this information. I am glad you found the required publication of this material in the Round Rock Leader on June 5th, 2021. I would like all of us to get this type of information since it is very informative and in a great format for comparison of last years budget.

    The published posted rates are ( M&O $0.903900 / $100 , I&S $0.240000 / $100) It is my understanding that we can not vote on tax rates that are greater than these so that is why I wanted to see the posted rates and understand the boundaries we are working with Thursday.

    I am still awaiting the location of the required posting on the RRISD website per TEC below.

    Sec. 44.0041. PUBLICATION OF SUMMARY OF PROPOSED BUDGET. (a) Concurrently with the publication of notice of the budget under Section 44.004, a school district shall post a summary of the proposed budget:

    (1) on the school district’s Internet website; or

    (2) if the district has no Internet website, in the district’s central administrative office.

    (b) The budget summary must include:

    (1) information relating to per student and aggregate spending on:

    (A) instruction;

    (B) instructional support;

    (C) central administration;

    (D) district operations;

    (E) debt service; and

    (F) any other category designated by the commissioner; and

    (2) a comparison to the previous year’s actual spending.

Viewing 5 posts - 1 through 5 (of 5 total)
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