Attorney General's Opinion 1983-84 #420
TREASURERS. CITY TREASURER MUST DISCLOSE BANK BALANCES TO CITY MANAGER AND DIRECTOR OF FINANCE PURSUANT TO GENERAL LAW AND CHARTER PROVISIONS OF LOCALITY.
February 13, 1984
The Honorable John Patterson,
Treasurer for the City of Newport News
83-84 420
You have asked whether you, as Treasurer for the City of Newport News, are required to disclose to the city manager and director of finance of the City of Newport News the daily bank balances1 at banks in which monies received by the city are deposited. For the reasons set forth below, I am of the opinion that you must supply the bank balance information to the named officials.
Under the charter of the City of Newport News, the city manager is given the responsibility to keep council advised of the financial condition of the city and to direct and control all departments of the city. See §§5.05(B) and 5.05(H) of the Charter of the City of Newport News, Ch. 45, Acts of Assembly of 1983, amending Ch. 576, Acts of Assembly of 1978. The charter also creates a Department of Finance to be headed by a director. The director, under the supervision of the city manager, is charged with the power and responsibility to supervise and control disbursements and expenditures of all monies coming into the city, to maintain a general accounting system for the city, each of its offices, departments and agencies, and to keep books for financial accounting control over each office, department and agency. See §§ 8.04(C) and 8.04(D) of the Charter of the City of Newport News, Ch. 76, Acts of Assembly of 1982, amending Ch. 576, Acts of Assembly of 1978. In order to perform these duties, the director of finance and the city manager must have a method to obtain detailed current financial information.
The duties of county and city treasurers are specified by statute.2 See § 58-916 et seq. These duties include the collection of revenue (§ 58-958), the deposit and safekeeping of city funds3 and keeping of accounts (§§ 58-924 and 58-958). Under §58-924, a city treasurer must furnish a statement of his account "[a]s often and in such manner as may be required by . . . the council of his city. . . ."
In consideration of the foregoing provisions of law, it appears that the treasurer is responsible for collecting revenue, depositing funds in banking institutions of the Commonwealth and keeping accounts, but he is also required to cooperate with the city manager and director of finance in order that those officials may perform the duties required of them. See 1973-1974 Va. AG 349. In my opinion, such cooperation would include the furnishing of the daily bank balances to the director of finance, or his supervisor, the city manager.
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FOOTNOTES
1 Your letter refers to the bank balances as "confidential" in nature. I find that they are "official records" as defined by §2.1-341 of the Virginia Freedom of Information Act (the "Act") because they are papers or documents prepared for and in the possession of a public body in the transaction of public business. As "official records" they are not "confidential" but are subject to inspection and copying by citizens of the Commonwealth as provided for in the Act. See 2.1-342. This right is limited on the secrecy of tax information by §58-46 which prohibits any State or local revenue officer from divulging information acquired by him in the course of his public duties "in respect to the transactions, property . . . income or business of any person, firm or corporation. . . ." The bank balances do not contain information within this prohibition and, accordingly, are not "confidential" within the terms of this Code section. See, also, §58-919 and 1972-1973 Va. AG 495 as to the rights of citizens and governing bodies to aspect the records of county treasurers.
2 The duties of city treasurers may also be specified by city charter. See 1979-1980 Va. AG 359. See 1974-1975 Va. AG 535.
3 This opinion is to the Honorable C. B. Covington, Jr., Treasurer for the City of Newport News, dated June 19, 1975, a copy of which you enclosed with your letter. You suggest that this opinion holds that treasurers have the sole responsibility and control of their jurisdiction's bank accounts. The Covington Opinion addressed the questions of who has the duty to invest idle city funds and who is liable for the loss of such city funds if deposited in out-of-state banks. The opinion held that the Treasurer has the sole responsibility for investment and deposit of city funds and would be held strictly liable for the loss of funds deposited in banks outside the Commonwealth. Accordingly, I find that the Covington Opinion is not applicable to the question of disclosing of bank account balances. See, also, 1977-1978 Va. AG 467 and Opinion to the Honorable Esther F. Cousins, Treasurer for the City of Colonial Heights, dated December 16, 1983 (modifying the Covington Opinion as to a city treasurer's duty to invest idle funds).
