36-60-29. Limitation on decreasing funding for municipal police force; exceptions.

1. (1)

   Except as provided in paragraph (2) of this subsection, the governing authority of a municipality that has established a municipal police force shall not decrease the annual budgetary appropriation for such police force by more than 5 percent of the previous fiscal year’s appropriation for such police force.#

2. (2)

   1. (A)

      Paragraph (1) of this subsection shall not apply if actual or anticipated revenues of the municipality for the applicable fiscal year decrease by more than 5 percent. In such event, the governing authority shall be authorized to decrease the budgetary appropriation for such police force, but in no event shall the budget of the police force be decreased by a greater percentage than the overall percentage decrease in actual or anticipated revenues of the municipality.#

   2. (B)

      Paragraph (1) of this subsection shall not apply if during the previous fiscal year the municipality made a one-time capital public safety facility, equipment, or software purchase or incurred a one-time legal obligation that increased the annual budgetary appropriation of such police force by more than 4 percent above the annual budgetary appropriation for such police force for the fiscal year immediately preceding the previous fiscal year and the current fiscal year.#

1. (1)

   Except as provided for in paragraph (2) of this subsection, the governing authority of a municipality that has established a municipal police force shall ensure that the annual budgetary appropriations for such police force during a rolling five-year period shall not decrease by more than 5 percent during such time period.#

2. (2)

   Paragraph (1) of this subsection shall not apply if actual or anticipated revenues of the municipality for the applicable time period decrease by more than 5 percent. In such event, the governing authority shall be authorized to decrease the budgetary appropriation for such police force, but in no event shall the budget of the police force be decreased by a greater percentage than the overall percentage decrease in actual or anticipated revenues of the municipality.#

Subsections (a) and (b) of this Code section shall not apply if:#

1. (1)

   The governing authority ensures that an equal or greater level of law enforcement services will be provided to the municipality by another local government pursuant to an intergovernmental agreement;#

2. (2)

   During the applicable time period, the municipality is ordered by a court of competent jurisdiction to begin providing a public service at a level such municipality was not providing prior to the issuance of such court order necessitating city-wide budgetary adjustments; or#

3. (3)

   Whenever a governing authority shall propose to adopt a police department budget which would exceed any limits provided for in subsections (a) and (b) of this Code section, it shall adopt that budget rate at an advertised public meeting and at a time and place convenient to the taxpayers of the taxing jurisdiction. The governing authority shall also place an advertisement in a newspaper of general circulation serving the residents of the unit of local government and post such advertisement on the website of the governing authority, which describes the proposed percentage reduction in police services from the previous year’s appropriation for police services. At least one week prior to the meeting of the governing authority at which adoption of the budget rate will be considered, the governing authority shall conduct a public hearing, at which time any persons wishing to be heard on the budget reduction may appear.#

This Code section shall also apply to any consolidated government that operates a police force, and such police force shall be considered a municipal police force for the purposes of this Code section.#

This Code section shall not apply to any municipal police force employing less than 25 full-time or part-time certified law enforcement officers.#