Exam 1 Flashcards
What is the reserve clause?
10th amendment (The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.)
Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.
What is the state legislation sometimes called?
General assembly
What are the three types of municipal governments?
- mayor-council
- council-manager
- commission
How is a mayor-council municipality structured?
Has two branches: executive (the mayor) and legislative (council)
* Strong mayor: mayor appoints key subordinates
* Weak mayor: key positions appointed by others or elected
How are council-manager municipalities structured?
Council members embody the legislative branch but manager serves at discretion of council not voters
How are commission municipalities structured?
The executive and legislative branches are combined into commissions.
How many laws did the Supreme Courts find unconstitutional from 1803-2012?
172 laws
What does the Legislative Services Agency do?
staff offices that provide research and policy analysis to state legislature.
How many supreme court district courts are there? Regional courts?
94 federal district courts organized into 12 regional circuits. Each circuit has a Court of Appeals
What is the Hierarchy of Government Authorities?
1.Constitution
2. Temporary (expire at fiscal end) or permanent (US Code or state code/statues) Laws, Statutes.
3. Executive orders: issued by chief executives within parameters set by constitution and laws
4. Statutory rules and regulations to implement laws, such as those codified in the Code of Federal Regulations (CFR)
5. Agency policies and procedures
What are the types of government entities?
- General Purpose Entities
- Special Purpose Governments
- Jointly Governed Organizations
What are the 5 different types of local government?
- County
- Municipality
- Township
- School district
- Special district
What is fragmentation and how can it be avoided?
Occurs when the purpose of special-purpose government was created overlaps with general purpose or other special purpose
Avoid by creating service agreements (ex: found in public safety, libraries)
Ex: two adjacent general purpose govs creates special purpose that provides services to both general purposes
What laws recognize tribal territories?
- Constitution (Commerce Clause, Article I, Section 8)
- treaties
- Supreme Court
- executive actions
What are the tax laws for tribal territories?
- Council is not subject to federal income tax but members and businesses are, exemptions apply
- Businesses must follow laws/regs but not subject to state income tax or local property taxes
What are the characteristics of a General Purpose—County?
- how are they formed?
- How many citizens are not served by one?
- What is it structure?
- Formed under provisions in state constitutions or statutes
- Some major cities are separate from their adjacent county
- 10%+ US citizens are not served by a county government
- Structure: elected board of supervisors
- Elected by geographical district, “at large,” or combo
- Board of supervisors appoint county admin and other officials
- Larger counties have elected county executive similar to mayor
What are some characteristics of a General Purpose—Municipality?
- why are they formed?
- when are new ones formed?
- how are they governed?
- Cities, towns, boroughs, villages
- General purpose local government that’s not a county or township
- Formed to serve a concentration of people in a given geographical area
- New municipalities are formed when population grows
- Municipalities can be subdivided into new municipalities
- Size, definition, and governance varies from state to state
What are some characteristics of General Purpose—Townships?
- what services do they provide?
- How many states have active Township government?
- what is the amount of overlap of townships and municipalities?
- What is the structure?
- Have both geographical and historical roots
- Each 6 mile block is a township
- Provides services such as cemeteries, child welfare, trash removal — one township can do trash and another forbid it
- 20 states have active township governments
- Amount of overlap of townships and municipalities varies by state. Some have no overlap
- Structure: elected board of supervisors (or trustees)
What are some characteristics of a Special Purpose—School District?
- Why are they formed?
- what is special about their laws?
- how many higher education are operated by local school district?
- What is their structure?
- Primarily formed to provide elementary, secondary, and/or higher education
- Independent schools have administrative and fiscal autonomy under laws. Can raise taxes and issue debt
- Dependent districts are administered by other governments
- 600+ higher education that are operated by local school districts
- Most are governed by elected school board
- Typically appoints superintendent
What are some characteristics of a Special Purpose—Special District (Non-School)?
- why are they formed?
- What services did they typically provide?
- How are they structured?
- Distinct entities with admin and fiscal autonomy
- Referred to as districts or authorities (port authority)
- Some agencies with district or authority title are admin units or general purpose governments. Parent general purpose government that created special district may grant them authority to tax/issue debt
- Most perform single function or limited functions
- Can focus on single issue (90% single) not many competing
- 1/3rd have missions related to natural resources or fire protection
- Administered by elected officials, appointed officials, or combo
- Examples: water districts, conservation districts, healthcare districts, airport/port authorities
Why are Special Purpose—Special District (Non-School) formed?
What is an advantage of forming them?
- Demand for new, specialized services not offered by parent gov
- Can circumvent debt and tax limits where a general purpose can’t
- Managerial flexibility. Not subject to sane rules as general
What is quantitative easing?
Fed reserve creates bank resfves then used money to buy treasury securities to stimulate economy
What are some ways the federal reserve can control the supply and cost of money
- Buying/selling government bonds
- Altering the amount of reserves that other banks must keep on deposit with the federal reserve
- Changing the interest rate used to loan funds to other institutions
What is the difference between the federal and state governments when it comes to debt/borrowing?
- Constitution limits amount of debt federal government can occur. No federal limits for borrowing for capital investments
- Constitutions and statutes limit capital investments at state level. Don’t allow for deficit spending for operations
What is a deficit? What can it lead to?
government expenditures for specific fiscal period exceeds revenues. Can lead to more borrowing/debt
What are some ways a legislature can provide oversight?
- Prescribe organization structure and staffing procedures as part of budget bill
- Require various budget execution and spending reporting
- Conduct reviews and hold hearings to evaluate the programs or when issues arise.
How is the budget for private sector different?
Private sector budgets have:
- fewer controls on spending and greater flexibility;
- capable of revision, no legal consequences of changes it;
- no consequence of fines or imprisonment or budget purpose, time, amount violated
What is strategic planning?
- Recent trend
- Plans clarify policies and objectives and reduce deliberations during formal budget process
- Must be interlinked with budget process
- Linking budget to performance goals and measurement new trend
What are special funds and earmarks designed to do?
To direct public funds to specific purposes
What is a special fund?
Fund has been established to account for the collection of revenues that can be spent for only specified purposes and the actual spending of those revenues
What are some types of state/local special funds?
S. special revenue funds
P. permanent funds,
I. interval service funds
C. capital project funds,
E. enterprise funds, and
D. debt service funds,
SPICED
Types of federal special purpose funds
- special funds
- revolving funds
- trust funds
SRT
How does GAO define a special fund?!
those earmarked by law for specific purpose
What are earmarks?
one-time spending provision specified in an appropriations statute
What are issues with earmarks?
- not subjected to management analysis to justify the spending
- Bypass normal legislative debate and competition for scarce resources
- Reduce transparency and accountability in government
- Often a result of a successful lobbying by private companies, NFP, and local government (fuels lobbying industry)l
What does FASAB statement on Identifying and Reporting Earmarked Funds do?
- In 2004, Federal Accounting Standards Advisory Board (FASAB) created a statement titled Identifying and Reporting Earmarked Funds
- Established the accounting and reporting standards for specially identified revenues and other financing resources and dedicated use of those resources
- One-time spending provisions was left out if it’s definition of earmarks
What are the objectives of budgeting?
- setting government priorities;
- new objectives once budget in place
- Document policy;
- guide operations;
- plan finances; and
- promote communications
What does the 1993 Government Performance and Results Act (GPRA) require?
- requires federal agencies to create long term strategic plans, performance plans with measurable goals, and follow-up reports
- Strategic plans supported by annual performance plans (performance budgets), measures, performance reports.
What is an appropriation?
- Budget bill that actually makes funds available
- Legal authority to incur expenses and spend money
What is an apportionment?
- bill that approves programs
- Prescribes what an agency will do if funding is available
- Authorizations often enacted separate from appropriations
dispersal of budgetary authority to an agency or program by central management agency (OMB) to support approved funding
What is an unfunded requirement?
when congress authorizes a program but not appropriate funds to support it
What do accounting structures do and what are they based on?
- Limit and classify government spending
- May be based on Program or object class or both
What is the program accounting structure?
- purpose of spending
- Dictating funds must be spent for specific purposes such as juvenile corrections or community health
What is the object class accounting structure?
- specific goods or services (ex: salaries, equipment, supplies) that may be required
- Sometimes referred to as a line item
- Dictating funds may only be spent on specific types of goods or services, such as tools, supplies or temporary workers
What is a drawback for using object class accounting structure?
Managers can’t use funds to cover short falls elsewhere. Reprogramming request needs to be made.
What are special funds?
- separate budget resources from general fund which provides more visibility and control
- Revenue or resources is dedicated for specific activities/defined purpose
What is a general fund?
Money can be used for any authorized purpose
What do you spend plans, appropriations, and apportionments do?
- Together help proper purpose and at the rate of spending corresponds with fiscal year
What is an allotment?
budgetary authority to specific components of the agency after apportionment is received
How often are apportionment and allotments distributed?
Quarterly
What is the anti-deficiency act?
officials can be fined and jailed if government funds obligated beyond legal authorized purpose, time or amount
What are some ways that government accountability is exercised?
- Elections
- Referendums
- Recalls
- Oversight hearings
- Financial and performance reports
How is accountability different at large governments vs small governments?
- Small government: accountability achieved through direct contact with citizens and officials
- Large government: need formal accountability controls
What are some ways to promote accountability?
- Org structure delineates responsibility and authority for resources, actions, results
- clearly defined duties, proper training and supervision, and separation of duties
- Internal controls help accountability
- periodic reviews
- Balance budget laws
* Restrictions on debt and taxation
* Professional qualifications of management
* Strategic planning
* Cost accounting
* Citizens feedback
What does the FASAB Federal Financial Accounting Concepts 1 say about accountability?
- Budgetary accountability— funds are raised, and spent according to law
- Operational performance— funds have been spent efficiently and programs are effective
- Stewardship— government activities, promote the long-term health of the community and economic condition
- Systems and controls— ensure assets are secured and used for their intended purposes
BOSS
What are the five levels of government accountability according to GASB Concept Statement 2: Service Efforts and Accomplishment Reporting?
- policy accountability— selection of policies, pursued, and rejected
- program accountability— establishment of achievement of goals (outcomes, and effectiveness)
- performance accountability— efficient operations (efficiency in economy)
- process accountability— using adequate processes, procedures, and measures in performing the actions called for (planning, allocating, and managing)
- Probity and legal accountability— spending funds in accordance with the approved budget for being in compliance with laws and regulations(compliance)
All Ps
Who are the stakeholders in government accountability?
- Citizens and their surrogates
- Other gov branches and components
- Other government levels
- Investors and creditors
- Future generations
What are some ways that the government is assessed?
- oversight hearing
- evaluations and investigations
- reports
- audits
- the Free Press
What is Service Efforts and Accountability (SEA) reporting?
- an effective method to demonstrate government accountability
- Issued by a few state and local governments and agencies, although a far greater number use performance information to support the budget
What does the 2011 Government Performance and Results Act Modernization Act (GPRAMA) do/require?
- requires government to establish cross-agency priority goals
- requires agencies to establish a limited number of federal cross-agency goals and agency priority goals, and then conduct quarterly data-driven reviews to determine progress toward achieving those goals, and how to advance progress
- Required CFO and Performance Improvement Officer appointment
- Required admin to establish a Performance Improvement Council to drive the process
What do follow up audit programs do?
- detailed action to correct the deficiency
- Tests to ensure the correction is effective
- Reports on the results of corrective efforts
What does the Government Finance Officers Association (GFOA) say about solvency and sustainability?
- each government must to find sustainability for itself
- Recommends that a starting definition is the government’s ability to “manage its finances is so it can meet its spending commitment, both now, and in the future”
- Notes that sustainability encompasses, social, and environmental concerns, as well as projected economic capacity of the government
What does FASB’s Statement of Federal Financial Accounting Standards 36, “Reporting Comprehensive Long-Term Fiscal Projections for the US Government” state about sustainability?
- Sustainability is summarized as the federal government ability to “sustain public services and to meet obligations as they become due” assuming that current policies continue
- The standard has multiple provisions to help citizens and professional analysts assess the government sustainability
What are some ways to assess future solvency in a sustainability of government programs?
- Ratios
- Benchmarking
What was GASB pronouncement Statement 68, is designed to do?
to improve accounting and reporting for defined benefit pension plans
What are some basic ethical principles?
- Objectivity
- Due care
- Avoidance of conflict of interest
- Independence is defined as freedom from undue influence in it also a basic, ethical principle
What are some benefits to electronic delivery?
- New opportunities for citizen, participation in government
- Real time online access to information in collaboration between government agencies
When was the Public Law, 107–347 a.k.a. “The E-Government Act” enacted?
2002
What did the Public Law, 107–347 a.k.a. “The E-Government Act” require?
- Requires federal agencies to use Internet based IT to enhance citizen, access to Government, information and services
- Also requires numerous safeguards to personal privacy
- To facilitate citizen, participation in government, and to make citizen, centric information readily available
- To support the school, the law establishes the Office of Electronic Government (OGE) within the OMB
Who leads the Office of E-Government and Information Technology (E-Gov)?
by the federal government CIO
What are the E-Gov responsibilities?
- Assist all federal agencies in developing system architecture to support electronic government
- Insert enter connectivity and enter operational ability across the government websites
- Sponsored activities to engage the general public in developing program and information portals that serve the needs of the public
- Develop cost effective security measures for web-based information
What does the e-government fund do?
- Helps agencies experiment with ways to make information and services more readily available to citizens, businesses, government, grantees, and contractors, and state and local governments
- It should be easier for the public to apply for benefits, receive services, pursue business, or contracting opportunities, and conduct other transactions with the government
What is the performance criteria for e-government?
- The impact of E government in helping agencies fulfill strategic goals
- Customer satisfaction and customer service
- Productivity and providing a government services
- Incorporation of commercial best practices
What is USSpending.gov and what info does it provide?
- Publicly accessible website
- Gives the American public access to information on how their tax dollars are spent
What did the Federal Funding Accountability and Transparency Act of 2006 (FFATA) do?
Mandated USSpending.gov
When was the The Digital Accountability and Transparency Act (DATA ACT) enacted and what did it do?
- enacted in May 2014
- expand FFATA, by promoting the disclosure of direct federal agency, expenditures and linking federal contract, loan, and grant spending information to programs of federal agencies
- Government wide data standards for financial data
- Intended to foster consistent and reliable, as well as searchable government wide spending data that is displayed accurately for taxpayers and policy makers on the USA spending.gov