PK7 Direct Legislative Appropriations

Definitions

For purposes of this policy, “direct legislative appropriation” means a set amount of money earmarked for specific projects within Albuquerque Public Schools. These appropriations are sponsored by a specific New Mexico State legislator.

For purposes of this procedural directive, “capital expenditure” means cost of a type that is properly chargeable to a capital account under general federal income tax principles.

For purposes of this procedural directive, “ Request to Obligate Funds (RTOF)” means the document(s) required by the New Mexico Public Education Department for non-construction or construction costing two hundred thousand dollars ($200,000) or less, or the document(s) required by the Public School Finance Authority for direct legislative appropriations costing more than two-hundred thousand dollars ($200,000) or when a direct legislative appropriation is less but part of a greater construction project exceeding two-hundred thousand dollars ($200,000).

For purposes of this procedural directive, the “Government Affairs team” means the Albuquerque Public Schools lead lobbyist, policy analyst, executive director of Board Services and the district’s attorney.

For purposes of this procedural directive, “spending plan” means the documents required to describe and appropriately expend direct legislative appropriations aligned to school and district project language and goals which may include communication between schools, the Government Affairs Team, Legislative Projects and Accounting, project managers and State of New Mexico departments and legislators, and vendor quotes for equipment, installation and labor.

For purposes of this procedural directive, “project manager” means an APS employee identified in a department responsible for coordination with a school for completion of direct legislative appropriation.

Finance Department Responsibilities

Legislative Projects and Accounting, a division of the Albuquerque Public Schools Finance Department, shall be responsible for all financial requisition review/approval, accounting ledger maintenance, reimbursement requests and Capital Project Management System (CPMS) financial reporting for the New Mexico Public Education Department and the district for direct legislative appropriations. Legislative Projects and Accounting shall act as the primary contact to the New Mexico Public Education Department concerning the finances of direct legislative appropriations. The Legislative Projects and Accounting shall submit any required information to the New Mexico Public Education Department in a timely manner. Legislative Projects and Accounting shall be responsible for their department procedures and processes to ensure accuracy of financial information and compliance with regulatory financial requirements. The Legislative Projects and Accounting shall ensure that all RTOFs that are submitted to the New Mexico Public Education Department are in line with department requirements. If the RTOF does not meet New Mexico Public Education Department requirements, Legislative Projects and Accounting or project managers may work with the individual school to improve their RTOF. Legislative Projects and Accounting shall inform project managers upon approval of a RTOF by the New Mexico Public Education Department. The Legislative Projects and Accounting shall inform the Government Affairs team upon approval of a RTOF by the New Mexico Public Education Department, including the proposed spending plan.

Legislative Projects and Accounting shall provide the Government Affairs team reports on the status of all projects funded with a direct legislative appropriation. This report may include encumbered funds, expended funds, funds submitted for reimbursement and reimbursements received. The report shall identify projects based on Department of Finance Administration number, sponsoring legislator and location. Legislative Projects and Accounting shall submit this report as requested.

Legislative Projects and Accounting shall maintain a financial system of all expenditures from each year’s direct legislative appropriations. This financial system shall be used to provide timely and up to date information to the Government Affairs Team as needed. Initial Requests for Direct Legislative Appropriations

Note: The principal/department director may assign a staff member to manage and execute the requirements in this procedural directive for direct legislative appropriations; however, the principal/department director shall still be responsible for ensuring that the funds are spent in timely manner, projects are in compliance with their spending plan and that all requirements of this procedural directive have been met.

Each year, the Government Affairs Team, Legislative Projects and Accounting, Finance Department, and any department with assigned project managers shall meet to establish district project priorities and goals for direct legislative appropriations. The purpose of these project priorities is to respond to needs in the schools or departments that may be addressed through a direct legislative appropriation but to ensure that the project is aligned with the academic and capital master plan.

Once project priorities are identified, Legislative Projects and Accounting shall the creation and maintenance of a request database which has, at a minimum, the ability to track each individual school request and the project manager assigned to the project.

The Government Affairs Team shall train school principals on the identified project priorities and how to request a project to be funded through a direct legislative appropriation. School principals shall be responsible for using the database to request a direct legislative appropriation

Once a request is received, Legislative Projects and Accounting and the Government Affairs Team shall review the requests and send confirmation to the school principals of the project requested. Legislative Projects and Accounting and the Government Affairs team then shall assign an appropriate project manager for the requested project. Project managers shall receive quotes to establish the appropriate amount of funds to request in an appropriation and begin to establish a spending plan. Those quotes shall be kept for project submittal to the New Mexico Public Education Department; although those quotes may need to be updated, the quotes shall be requested to ensure proper funding is requested

The Government Affairs team may amend the request if necessary and shall contact the principal/department director if any changes are made to the request.

Upon receipt of the above information, the Government Affairs team shall draft and sign a letter to the appropriate legislator including:

An outline of information about the project
An explanation of the need for the project
The requested fund amount
The Legislative Council Service form for capital outlay/direct legislative appropriations
The director of Government Affairs and the principal/department director’s contact information for further questions if necessary
Any other pertinent information provided by the school or project manager (i.e., photos of the area in need of improvement)

The Government Affairs team shall be the primary contact for the legislator. The Government Affairs team shall follow up with the legislator for information regarding his/her sponsorship of the appropriation request in a timely manner. The Government Affairs team shall ensure that all proper paperwork regarding the request has been submitted to the appropriate legislator and the Legislative Council Service.

The Government Affairs team, in consultation with Legislative Projects and Accounting and project managers, shall have full discretion over the support, neutrality or opposition of any capital outlay and/or direct legislative appropriation request from a principal/department director. The Government Affairs team may provide explanation to a principal/department director concerning the decision to oppose any appropriation request.

If a principal/department director, or any other Albuquerque Public Schools employee directly requests capital outlay and/or a direct legislative appropriation and does not follow the process outlined in this procedural directive, the Government Affairs team may, in consultation with the appropriate associate superintendent, decide to support, oppose or remain neutral on the appropriation during the legislative process. If a direct legislative appropriation is approved by the legislature which has not followed the district process, it shall be up to the discretion of the superintendent in consultation of the Government Affairs team and the appropriate associate superintendent to accept or reject the appropriation.

Acceptance and/or Rejection of a Direct Legislative Appropriation

Upon signature of the Governor of New Mexico, the Government Affairs team shall compile a report of all capital outlay and special legislative appropriations authorized for Albuquerque Public Schools. The Government Affairs team shall present this report as soon as possible to the Board of Education with recommendations of acceptance or rejection of the capital outlay and/or direct legislative appropriation.

The Government Affairs team shall draft a letter to be signed by the Board of Education and the superintendent outlining which capital outlay and/or direct legislative appropriations have been accepted or rejected. The Government Affairs team shall send this letter as notification to the New Mexico Public Education Department or Public School Facilities Authority of the acceptance or rejection of capital outlay and/or direct legislative appropriations by the Board of Education.

Reauthorizations of Direct Legislative Appropriation

Upon receipt of a request for the reauthorization of a direct legislative appropriation, the Government Affairs team shall notify the original sponsor, or his/her replacement, of the appropriation of the need for reauthorization. This notification shall include:

Communication from the principal or project manager describing the current status of the project and a rationale of the need for the reauthorization
The name of original sponsor of the appropriation
Copies of any current bids and or/invoices of the project
Including any further bids that are needed to complete the project if additional appropriation is needed
A copy of the original RTOF
The reauthorization paperwork filled out as provided from the New Mexico Legislative Council Service.

Upon notification of reauthorization of an appropriation by the New Mexico State Legislature, the Government Affairs team, shall notify the principal and project manager identifying the reauthorization of capital outlay and/or direct legislative appropriations affecting their school/department. The notification shall include:

The specific language of the appropriation reauthorization
The new date by which the project must be completed
A request for submission of a new RTOF to the appropriate administrative office and the director of Government Affairs which outlines the new date of completion

The Government Affairs team shall send an update to the legislator responsible for the reauthorization outlining the new RTOF and spending plan as requested.

Projects Requested but not Fully Funded

Albuquerque Public Schools recognizes that not all direct legislative appropriations are approved with the funding necessary to complete the proposed project. Albuquerque Public Schools may do one of the following for projects not fully funded:

Subsidize projects in need of additional funding for completion: Subsidization shall be the decision of the appropriate department in consultation with the Finance Department and any other appropriate department. Subsidization decisions may be based on availability of funds, resources and district priorities. Albuquerque Public Schools shall not be responsible for subsidizing all projects funded through direct legislative appropriations and may use this as the basis for rejection of the direct legislative appropriation.
Phase the project in over multiple fiscal years: A project manager who identifies a project as having multiple large phases of work, may complete phases within funding appropriated. The phasing of a project shall be done in collaboration with the school principal. Project managers and Legislative Projects and Accounting shall work to create a spending plan that completes the project.
Decrease the scope of work to be completed for the project: A project manager may decrease work to be completed with allocated funding or may work to complete small projects aligned with legislative language and school priorities.

Government Affairs Communication post Board of Education Acceptance of Direct Legislative Appropriation

The Government Affairs team shall draft and sign a letter thanking New Mexico State legislators for their specific appropriation(s).

The Government Affairs team shall notify all relevant recipients of capital outlay and/or direct legislative appropriations encouraging that those individuals also send a thank you letter to their legislator for the appropriation.

The Government Affairs team shall notify principals/department directors, Legislative Projects and Accounting and the project managers identifying capital outlay and/or direct legislative appropriations affecting a specific school/department. The notification shall include:

The specific language of the appropriation to indicate what the appropriation may or may not fund, including an example of appropriate use
Specific contact information for the project manager in each of the departments supporting schools in expending a direct legislative appropriation
A deadline for submission of a spending plan Legislative Projects and Accounting
- RTOFs must be completed with authorized signatures and submitted by Legislative Projects and Accounting.
  - The Legislative Projects and Accounting shall process all information in a timely manner
  - Albuquerque Public Schools must receive approval prior to beginning any project funded with a direct legislative appropriation
  - Encouragement for early identification of appropriation requests for the following year

Legislative Projects and Accounting shall immediately notify the Government Affairs team and project managers upon approval of a RTOF.

The Government Affairs team shall send legislators an update outlining the progress of projects funded with their sponsored appropriation including all corresponding and necessary information provided to the New Mexico Public Education Department and Public School Facilities Authority as requested but not less than annually. The Government Affairs team shall send legislators a final list of the district’s expenditures from capital outlay and direct legislative appropriations by December before the beginning of each legislative session.

Department Responsibilities

Each year, the Government Affairs Team, Legislative Projects and Accounting, Finance Department, and any department with assigned project managers shall meet to establish district goals, plans, and to review requests and legislative appropriations for capital outlay and/or direct legislative appropriations and to receive updates about the status of direct legislative appropriations.

Each of the departments responsible for coordinating projects funded with an appropriation shall meet after the legislative session of every year with Legislative Projects and Accounting and the Government Affairs team to discuss appropriations approved during the most recent regular legislative session and to facilitate the completion of the projects approved. The directors of these departments shall be knowledgeable of the specific language of appropriations and shall be able to educate, coordinate and facilitate the spending of the appropriations. This includes, but is not limited to, amount of each appropriation, allowable purchases, reversion dates, spending plans and RTOFs.

Project Manager Responsibilities

The Government Affairs Team shall identify specific departments within Albuquerque Public Schools to support schools in the coordination and completion of an allocated direct legislative appropriation. Within each department, specific employees shall be identified as project managers to work directly on assigned direct legislative appropriations.

Project managers shall:

be knowledgeable of specific appropriation amounts, allowable projects and reversion dates and allowable expenditures
be available to answer questions from principals/department directors concerning their appropriation
receive quotes to
act as a general liaison to the school concerning the direct legislative appropriations that are assigned to their department and Legislative Projects and Accounting.

Each department shall establish a deadline for submission of any RTOF in compliance with Public Education Department requirements following the legislative session in which the appropriation was approved by the New Mexico legislature. The Government Affairs Team, Legislative Projects and Accounting and project managers shall aid principals/department directors in identification of future projects that may require an appropriation request.

If a project manager fails to properly spend the direct legislative appropriation, then the superintendent may request that the department in charge of the legislative appropriation complete the process in order to spend the legislative appropriation prior to its expiration date.

Principal/Department Director Responsibilities post Board of Education Acceptance of Direct Legislative Appropriation

Principals/department directors shall follow all requirements outlined in this procedural directive, including the formal process for appropriation requests.

Principals/department directors, or his/her designee, shall document each project through a portfolio. The project manager may assist principals/department directors with this portfolio. This portfolio shall be sent to the appropriate district department and the director of Government Affairs upon completion of the project. This portfolio shall include:

Photographs of the site before the project, or other appropriate documentation displaying the condition of the need before the request was made
Photographs of products purchased and their utilization in the project, or appropriate documentation displaying the products purchased
Photographs of the completed project, or appropriate documentation displaying the completion of the project.
RTOF

The director of Government Affairs may submit this portfolio to the appropriating legislator and keep it on file for future reference. All portfolios regarding direct legislative appropriations may be used by the legislator for their personal or public use.

Community Requests and Coordination

Albuquerque Public Schools does not discourage community/legislator relations in any way. However, Albuquerque Public Schools wishes to increase communication and coordination regarding direct legislative appropriations to ensure their proper execution. Albuquerque Public Schools shall implement the following provisions for community requests for direct legislative appropriations:

Principals shall inform their Parent Teacher Associations/Parent Faculty Organizations, any other parent group involved with the school and their instructional councils that all direct legislative appropriations shall to be requested by the school and shall follow the process outlined in this procedural directive. Principals shall to stress this is for coordination purposes only and not to discourage the community from building relationships with the legislator.
Principals shall solicit input from their Parent Teacher Associations/Parent Faculty Organizations, any other parent group involved with the school and their instructional council regarding needs in the school that may be funded with a direct legislative appropriation. Principals may discuss these needs with the appropriate department liaison for more information.
Principals shall communicate information they gather from the appropriate department liaison to their Parent Teacher Associations, any other parent group involved with the school and their instructional council regarding community requests and district goals/priorities for direct legislative appropriations.
Principals, in consultation with their Parent Teacher Associations, any other parent group involved in the school and their instructional council, shall decide which ideas expressed from the community shall be formally requested from a state legislator as a direct legislative appropriation.

Any direct legislative appropriation that originates from a community request that has not followed the provisions listed in this subsection may be subject to rejection. If a direct legislative appropriation that originates from a community request that has not followed provisions listed in this subsection is not rejected by the Board of Education, the principal shall assume full responsibility of the execution of the project to be funded and all requirements listed in this procedural directive. Principals shall still follow all requirements in this procedural directive for all direct legislative appropriations awarded to their school regardless of the origination of the direct legislative appropriation.

The Government Affairs Team shall communicate with state legislators urging them to only sponsor direct legislative appropriations that have followed the requirements in this procedural directive.

Locally Authorized Charter Schools

Locally authorized charter schools shall notify the Charter/Magnet School Department and Government Affairs team of any request impacting facility improvements of Albuquerque Public School owned facilities which they have submitted for a direct legislative appropriation including which legislator is sponsoring the direct legislative appropriation, the amount requested and the project the direct legislative appropriation was requested for. Albuquerque Public Schools shall support the completion of these projects by assigning a project manager to complete the same functions for the locally authorized charter school as he/she does for a district school.

Locally authorized charter schools shall be responsible for the fiscal management of and all necessary documentation regarding direct legislative appropriations that are not related to facility improvements. The locally authorized charter school shall be solely responsible the subsidization of any project partially funded by a direct legislative appropriation.

Administrative Position: Superintendent’s Office/Chief Financial Officer

Department Director: Government Affairs

References:
Legal Cross Ref.:
Board Policy Cross Ref.: K.14 Direct Legislative Appropriations
Procedural Directive Cross Ref.: Government Affairs Procedural Directive

Forms:

Project Plan Template
Initial Requests Flow Chart

NSBA/NEPN Classification: KLL

Introduced: May 14, 2010
Reviewed: June 25, 2010
Approved: July 23, 2010
Reviewed: June 3, 2016
Reviewed: June 8, 2016
Revised: July 13, 2016

This page was last updated on: July 26, 2010.