town of west seneca - purchasing · the objective of our audit was to evaluate the town’s...

22
D IVISION OF LOCAL GOVERNMENT & SCHOOL ACCOUNTABILITY O FFICE OF THE N EW Y ORK S TATE C OMPTROLLER Report of Examination Period Covered: January 1, 2013 — December 18, 2014 2015M-11 Town of West Seneca Purchasing Thomas P. DiNapoli

Upload: others

Post on 27-May-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

Division of LocaL Government & schooL accountabiLity

o f f i c e o f t h e n e w y o r k s t a t e c o m p t r o L L e r

report of ExaminationPeriod Covered:

January 1, 2013 — December 18, 2014

2015M-11

Town of West Seneca

Purchasing

thomas p. Dinapoli

Page 2: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

Page

AUTHORITY LETTER 1

INTRODUCTION 2 Background 2 Objective 2 Scope and Methodology 2 CommentsofTownOfficialsandCorrectiveAction 2

PURCHASING 4 Procurement Policy 5 AuditofClaims 6 Purchases 8 Recommendations 11

APPENDIX A ResponseFromTownOfficials 12APPENDIX B OSC Comments on the Town’s Response 17APPENDIX C AuditMethodologyandStandards 18APPENDIX D HowtoObtainAdditionalCopiesoftheReport 19APPENDIX E LocalRegionalOfficeListing 20

Table of Contents

Page 3: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

11Division of LocaL Government anD schooL accountabiLity

State of New YorkOffice of the State Comptroller

Division of Local Governmentand School Accountability July2015

DearTownOfficials:

A toppriorityof theOfficeof theStateComptroller is tohelp localgovernmentofficialsmanagegovernment resources efficiently and effectively and, by so doing, provide accountability for taxdollarsspenttosupportgovernmentoperations.TheComptrolleroverseesthefiscalaffairsoflocalgovernmentsstatewide,aswellascompliancewithrelevantstatutesandobservanceofgoodbusinesspractices.Thisfiscaloversightisaccomplished,inpart,throughouraudits,whichidentifyopportunitiesforimprovingoperationsandTownBoardgovernance.Auditsalsocanidentifystrategiestoreducecosts and to strengthen controls intended to safeguard local government assets.

FollowingisareportofourauditoftheTownofWestSeneca,entitledPurchasing.Thisauditwasconducted pursuant toArticleV, Section 1 of the State Constitution and the State Comptroller’sauthorityassetforthinArticle3oftheNewYorkStateGeneralMunicipalLaw.

This audit’s results and recommendations are resources for local government officials to use ineffectivelymanagingoperationsand inmeeting theexpectationsof their constituents. Ifyouhavequestionsaboutthisreport,pleasefeelfreetocontactthelocalregionalofficeforyourcounty,aslistedat the end of this report.

Respectfullysubmitted,

Office of the State ComptrollerDivision of Local Governmentand School Accountability

State of New YorkOffice of the State Comptroller

Page 4: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

2 Office Of the New YOrk State cOmptrOller2

Background

Introduction

Objective

Scope andMethodology

Comments ofTown Officials andCorrective Action

The Town of West Seneca (Town) is located in Erie County (County) with a populationof approximately45,700 residents.TheTown isgoverned by a three-member elected Board (Board) comprising a Town Supervisor (Supervisor) and two Council members. The Board is responsible for the general management and control of the Town’s financial affairs and for safeguardingTown assets.TheSupervisoristheTown’schiefexecutiveofficerandisresponsible,alongwithother administrative staff, for the day-to-day management of theTownunderthedirectionoftheBoard.OnJanuary2,2014,theBoardestablished the position of Town Comptroller (Comptroller). The ComptrollerisresponsibleforTownaccountingduties,includingtheaudit of claims.

TheTownprovidesvariousservicestoitsresidents,includingpoliceprotection, street maintenance, parks and recreation, water, sewerandgeneralgovernmentsupport.Forthe2014fiscalyear,budgetedappropriations for all funds totaled approximately $49.1 million.Expendituresarefundedprimarilybypropertytaxes,salestax,Stateaid and user fees.

The objective of our audit was to evaluate the Town’s purchasing practices.Ourauditaddressedthefollowingrelatedquestion:

• Did the Board ensure that purchases complied with the Town’s procurement policy?

WeexaminedtheTown’spurchasingpracticesfortheperiodJanuary1,2013throughDecember18,2014.

We conducted our audit in accordance with generally accepted governmentauditingstandards(GAGAS).Moreinformationonsuchstandards and the methodology used in performing this audit are includedinAppendixCofthisreport.

The results of our audit and recommendations have been discussed withTownofficials,andtheircomments,whichappearinAppendixA, have been considered in preparing this report. Town officialsgenerally agreed with our findings and recommendations andindicatedtheyhavetakencorrectiveaction.AppendixBincludesourcomments on issues raised in the Town’s response.

The Board has the responsibility to initiate corrective action. Awrittencorrectiveactionplan(CAP)thataddressesthefindingsand

Page 5: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

33Division of LocaL Government anD schooL accountabiLity

recommendations in this report should be prepared and forwarded toourofficewithin90days,pursuanttoSection35oftheGeneralMunicipalLaw.FormoreinformationonpreparingandfilingyourCAP, please refer to our brochure, Responding to an OSC Audit Report,whichyoureceivedwiththedraftauditreport.Weencouragethe Board to make this plan available for public review in the Town Clerk’soffice.

Page 6: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

4 Office Of the New YOrk State cOmptrOller4

Purchasing

GeneralMunicipalLaw(GML) requires thatpurchasecontracts inexcess of $20,000 be awarded to the lowest responsible bidder oron the basis of best value (competitive offer) and that contracts for publicworkthatexceed$35,000becompetitivelybid.GMLfurtherrequires that towns adopt a written procurement policy governing the procurement of goods and services that are not subject to competitive bidding requirements. The Board should annually review and revise as needed the procurement policy.

With certain exceptions, the procurement policymust require thatalternative proposals or quotations for goods and services be secured by useofwrittenorverbalproposalsorquotations.Aprocurementpolicymay also set forth circumstances when the solicitation of alternative proposals or quotations will not be in the best interest of the Town. The policy should describe the procedures for determining which method will be used and for maintaining adequate documentation to support and verify the actions taken.

While not required pursuant to GML or the Town’s procurementpolicy, it is considered a good business practice to solicit writtenproposalsorquotations,suchasthrougharequestforproposals(RFP)process,priortoawardingcontractsforprofessionalservices,asitisan effective means to procure such services upon the most favorable termsandconditionsfortaxpayers.

WefoundthatTownofficialsgenerallyadheredtoGMLforpurchasesof goods and services subject to competitive bidding requirements; however, officials did not always follow the requirements of theTown’s procurement policy for purchases.

Inaddition,duringthetimethattherewasnoComptroller,theTowndid not establish an effective claims auditing process, since theBoard,asawhole,didnotauditclaims.Instead,wefoundthat theTown’s computerized purchasing system only required one Board member or the Supervisor to approve each claim. The Board would then be provided a list of the “approved” claims for its review and approvalforpayment.Furthermore,wequestionwhethertheBoardor the Comptroller conducted a thorough audit because the electronic claims generally did not include enough documentation to determine adherence to the Town’s procurement policy.

Beginning in early 2013, purchasing records such as voucherinformation,billingaccounts,departmentapprovalsandsupporting

Page 7: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

55Division of LocaL Government anD schooL accountabiLity

documentation have been retained in electronic format1 in the computerized purchasing system. Town officials indicated that allclaims require three levels of approval – the department head, thefinance department and a Board member or the Supervisor. Eachphaseintheapprovalprocessisevidencedbytheapprover’sinitials,whichareautomaticallyrecordedontheelectronicvoucher,oncetheofficialapprovestheclaim.TheBoard,asawhole,isthenprovidedwith a list of the “approved” claims for its review and approval for payment.

Inaddition, thecomputerizedpurchasing systemprovides forhardcopy documents2 to be scanned as image attachments to electronic vouchers.An electronic claim then becomes the final record of apurchase as the corresponding original documents are eventually destroyedonceaclaimhasbeenpaid.Forthisreason,itisessentialthat officials ensure that the electronic version of a claim packet3 accurately and completely represents the original purchase documents.

TheBoardisresponsibleforensuringthatTownofficialsfollowtheTown’s procurement policy. Compliance with the Town’s policy should be part of the review and approval process when the Board or an appointed Comptroller4 audits and approves claims for payment.

InaccordancewithGML,theBoardadoptedaprocurementpolicy5 for goods and services that are not subject to competitive bidding requirements.AnannualreviewofthispolicybytheBoardisrequiredbyGML.Boardminutesindicatethatareviewwasdoneonanannualbasis.However,thepolicystillreferencesstatutorydollarthresholds

Procurement Policy

1 Theexceptiontothisispaymentsmadefromthetrustandagencyaccount.Theseclaims are still retained in hard copy format. Whether the use of the Town’s computerizedpurchasingsystem,whichincludesuseofelectronicsignaturesandretainingdocumentsinanelectronicformat,isincompliancewiththeElectronicSignaturesandRecordsActisnotwithinthescopeofthisaudit.Werecommendthat the Town consult with its attorney to discuss this matter. The Town also should consult with theNewYork StateArchives to assure that theTown isproperly disposing of paper records.

2 Such as invoices, packing slips, load tickets, credit card statements, receipts,quotes,biddinginformation,Boardresolutions,etc.

3 AclaimgenerallyisademandagainsttheTownforthepaymentofmoneyduefor goods that have been delivered or services that have been provided. The combinationoforiginalinvoices,receivingslipsandotherrelevantsupportingdocumentation is commonly referred to as the voucher or claim package.

4 In a town, the audit of claims is conducted by the town board, or the towncomptrollerintownsthathavecreatedtheoffice.TheBoardcreatedtheofficeoftowncomptrolleronJanuary2,2014.However,theComptrollerresignedfromherpositioneffectiveMay12,2014.

5 TheBoardadoptedtheprocurementpolicyin1995.

Page 8: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

6 Office Of the New YOrk State cOmptrOller6

thatwere increasedmore than five years ago.6Accordingly, if theTown’spolicywerestrictly followedaswritten,officialswouldberequired to competitively bid purchases at lower thresholds than GMLpresentlyrequires.Infact,eightofthepurchasesweselectedfellbetweenthecurrentcompetitivebiddingthresholdsinGMLandthe Town’s procurement policy’s requirements.7 In these instances,TownofficialsdidnotfollowtheTown’sprocurementpolicyasnoneoftheeightpurchaseswerecompetitivelybid.Inthatcase,theBoardshould adhere to its current policy or make revisions to keep the dollar thresholds for bidding that are in the policy consistent with those in GML.Inaddition,theBoardadoptedapurchasingresolution8 which requires every purchase greater than $5,000 be approved by theBoardpriortocommittingtothepurchase.However,asdiscussedinthePurchasessectionofthisreport,theBoarddidnotalwaysfollowits resolution.

The audit and approval of claims is an essential component of the Town’s internalcontrol system.NewYorkStateTownLaw(TownLaw) requires, in most instances, the Board (or, in the case of aTownthathasestablishedtheOfficeofTownComptroller,theTownComptroller) to audit and approve claims prior to directing the Supervisor to pay the claims. The Board or Comptroller should ensure that claims are itemized and have adequate supporting documentation including evidence that Town officials followed appropriateprocurementprocedures.Tohelp in thisprocess,departmentheadsshould ensure that all supporting documents are attached to each claim to allow the Board or Comptroller to conduct a proper audit.9

Town officials indicated that all claims require three levels of“approval” – the department head, the finance department and aBoard member or the Supervisor. Each phase in the approval process is evidenced by the approver’s initials, which are automaticallyrecorded on the electronic voucher, once the official approves theclaim. The Board, as a whole, is then provided with a list of the“approved” claims for its review and approval for payment.

Audit of Claims

6 EffectiveNovember12,2009,thedollarthresholdforcontractsforpublicworkincreasedto$35,000.EffectiveJune22,2010,thedollarthresholdforpurchasecontractsincreasedto$20,000.TheTown’sprocurementpolicyreferencesdollarthresholds that were in place prior to these dates. There is no indication of any updatesoramendmentstothepolicysince1995.

7 As currently written, the Town’s procurement policy requires competitivebiddingforpurchasecontractsinexcessof$10,000andcontractsforpublicworkinexcessof$20,000.

8 ResolutionadoptedJanuary24,20119 Forexample,supportingdocumentationcouldincludeevidencethattheTown,whenrequiredbyGML,hascompetitivelybidor,asanexception tobidding,obtained goods using certain governmental contracts. When not subject to competitivebidding,documentationcouldalsoincludeconfirmationofwrittenor oral quotes when required by the Town’s procurement policies and procedures.

Page 9: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

77Division of LocaL Government anD schooL accountabiLity

We found, however, that the claims auditing process was notconsistentwithTownLawas theBoard, as awhole, didnot auditclaims.10Instead,thecomputerizedpurchasingsystemrequiredonlyoneBoardmemberortheSupervisortobethefinal“approver”foreach claim. Once the final approval occurred, the status of theseclaims was changed and they were placed on a list of claims that were ready for payment. The remaining Board members no longer view these in their list as open claims and consequently no longer havetheabilitytoauditandpotentiallyquestionthepurchases.Asaresult,theBoardasawholemaynotperformathoroughexaminationoftheindividualclaimsandsupportingdocumentation.Inthatcase,there is a risk that payments will be made without the entire Board’s full knowledge of the claims.

We found evidence that each of the last seven payments made to the Town’sinformationtechnology(IT)vendoronlycontainedatotaloftwoapprovals,bothofwhichweremadebytheSupervisor.PaymentswereforvariousITservicesandrangedfromapproximately$7,500to$15,000.11Allowingonlyoneindividualto“approve”aclaimisapoor internal control as well as contrary to what we were told was requiredbythesystem,whichisthateveryclaimshouldbeapprovedby three different individuals. The Supervisor indicated that this should not have been able to occur.

The electronic purchase records generally did not include enough informationforTownofficialstodetermineifpurchasesadheredtothe Town’s procurement policy. There was generally no evidence in the electronic records we reviewed that the Town obtained written quotes, despite there being a specific section in the computerizedpurchasing system labeled “quotes.”12 This is a concern as the Town’s procurement policy requires that written quotes be obtained for purchases that fall within certain dollar limits.

Furthermore, not all Board members were provided access to thecomputerized purchasing system. As purchasing records are onlyretainedinelectronicformat,accesstothesystemisrequiredforbothBoardmembersandtheSupervisor.However,oneBoardmembertoldus that his computer access was removed.13 Althoughherequestedhisaccessberestored,hewastoldtherewerenotenoughavailablelicenses.

10TheBoardwasresponsibleforauditingclaimsduringtheentire2013calendaryearandaftertheComptrollerresignedinMay2014.

11TheTownpaidthisvendormorethan$161,000during2014.12 There was not one entry in the quote section of the electronic purchasing system madein2013orthroughDecember18,2014.

13Accordingtoaclerk,theBoardmember’saccesswasremovedinJune2014.

Page 10: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

8 Office Of the New YOrk State cOmptrOller8

Not providing all Board members access to purchasing recordsrestrictstheiroversightcapability,doesnotallowthemtoeffectivelyaudit claims and could limit their understanding of the financialactivities of the Town. The requirement for the Board as a whole to audit claims allows for each Board member to review and identify potentialdeficienciesinaclaim.14

Theprimarypurposeforobtainingbids,quotesandproposals is toencourage competition in the procurement of supplies, equipmentand services that will be paid for with public funds. The use of competition provides taxpayers with the greatest assurance thatgoods and services are procured in the most prudent and economical manner,atthelowestpossiblepriceandthattheprocurementisnotinfluencedbyfavoritism,extravagance,fraudandcorruption.

We selected a judgmental sample of 65 purchases totalingapproximately$2.7million thatwerepaidduring2013or2014 todetermineiftheycompliedwithGMLandtheTown’sprocurementpolicy.15 While officials generally adhered to GML for purchasesofgoodsandservicessubject tocompetitivebiddingrequirements,officials did not always follow the requirements of the Town’sprocurementpolicyforpurchasesrequiringquotes.Additionally,thepurchasing resolution requiring prior Board approval for purchases ofmorethan$5,000wasnotconsistentlyfollowed.Nineteenof55purchases16 we tested did not include evidence in the minutes that the Board approved the purchases either before (which is what is required) or after the purchases were made.

Competitive Bidding–Wereviewed30claimstotalingapproximately$2.3millionthatweresubjecttocompetitivebiddingrequirements.While there was generally not enough information included with theelectronicclaimstodetermineifthepurchasesadheredtoGML,we eventually determined compliance after requesting additional informationfromthedepartmentsthatinitiatedthepurchases.Inallbut one17instance,theTownproperlyfollowedGMLandpurchasedequipment and commodities using competitive bidding18 or through State orCounty contracts.However, not including an explanation,State or County contract number or appropriate documentation with

Purchases

14 We requested the Supervisor reevaluate this situation and the Board members’ accesswasrestoredinDecember2014.

15For testing purposes, we used the higher thresholds as required byGML forcompetitive bids and extended the requirements for written quotes up to theminimumbiddingthresholdsperGML.

16Weclassified10purchasesasexemptfromthisrequirement.17Officials did not seek competitive bids for a purchase of three plow bladestotaling$22,700madein2013.

18 This includes several purchases made by piggybacking with other municipalities’ contracts.

Page 11: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

99Division of LocaL Government anD schooL accountabiLity

an electronic claim does not permit the Board or Comptroller to easily determine if a purchase was made properly.

Purchases Under Bidding Thresholds – The Town’s procurement policyrequiresthreewrittenquotesforpurchasesgreaterthan$5,000butlessthan$10,000andpublicworkscontractsgreaterthan$10,000but less than$20,000.19 Oral quotes are required for purchases less than$5,000butgreaterthan$3,000.Wereviewed24claimstotaling$270,012thatwereformorethan$5,000butlessthanGMLbiddingthresholds. In all instances, the finance department and a Boardmember or the Supervisor approved the claims despite the fact that none of the purchases included any evidence of written quotes or anexplanationofhowtheycompliedwiththeTown’sprocurementpolicy.

We contacted the departments where the purchases originated to request to review the written quotes associated with each of the 24 claims.OfficialsprovidedevidenceofbiddingoruseofStatecontractsin eight of the 24 purchases and evidence they requested quotes for an additionalsevenpurchases.However,inmostcaseswhentherewasonewrittenquote,itwasfromthevendorthatthepurchasewasmadefrom and the required three written quotes were provided for only one of the seven purchases. For the remaining nine claims totaling $97,095,officialswereunabletoprovideanyevidenceofquotesorthattheyrequestedquotes.Forexample:

• TheTownpaidavendor$13,770forrepairstotrafficsignalslocated at a Town intersection. There was no evidence that quotes were obtained for this service and the vendor’s invoice did not identify an hourly rate or detail how many hours he worked on the repair. The Highway Superintendent indicated that normally Town employees are responsible for repairs to trafficsignals.However,inemergencysituations,20 this vendor iscalled.Additionally,aBoardmembertoldusthathespoketoa representativefromtheNewYorkStateDepartmentofTransportation (DOT). The DOT representative told him that theTownuses traffic signal equipment forwhich theDOThas pallets of used parts, and that these used partsmay beavailable for free to anyone who requests them. The DOT representative told the Board member that in the past, thevendor21inquestionhasbeenprovidedwithusedtrafficsignal

19Fortestingpurposes,weextendedtherequirementsforwrittenquotesuptotheminimumbiddingthresholdsperGML.

20 There was no indication anywhere on the claim that this was an emergency situation. In addition, theworkwas performed during the normalworkweekover the course of three different days.

21 The vendor was a former DOT employee.

Page 12: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

10 Office Of the New YOrk State cOmptrOller10

parts for free. The Town may have been able to obtain the serviceatalowercosthadTownofficialsinquirediftheDOThad the required parts available at no cost.

• Three claims from the highway department were for repairs to various highway equipment and machinery costing a total of$35,427.Therewasnoevidenceofquotesforanyofthethree repair services. The Highway Superintendent stated that,forcertainrepairs,heonlywantstousespecificvendorsasheconsiders these specialty repairs.However, therewasno documentation included with the claims that explainedwhy these particular repairs could only be done by a certain vendor.

Professional Services – The Town’s procurement policy does not require the solicitation of written proposals or quotations for the acquisition of professional services.22 Nevertheless, it is a goodbusiness practice that professional services be awarded after firstsolicitingcompetition.Wereviewedeightclaimstotaling$106,331from professional service vendors used by the Town. Althoughofficials told us that they useRFPs for professional services, theywere unable to provide us with copies of proposals to support this statementoranydocumentationthatRFPswereused,suchasacopyofanRFPoranewspapernotificationseekingpotentialvendors.Inaddition,we identified several concerns related to the professionalservice claims we reviewed.

• The Town entered into an agreement with a consultant in November 2013 to conduct an economic and fiscal impactanalysis for a potential development project. Officialsprovideduswithanunsignedcontractthatreferencedafixedfeeof$25,000.Wewere later told that theBoardapprovedincreasing this amount to $39,805; however, we were notprovided evidence of this approval.23 The Town ended up payingtheconsultant$44,805whichisatleast$5,000morethan they agreed to. The last three invoices from the consultant showedaninaccurateamountinthe“InvoicedtoDate”lineand made it appear as though there was still a balance left on the contract. This resulted in the Town overpaying the consultant,believingthattherewasstillabalanceremaining.A thorough audit of the claims may have identified theincorrect billing prior to the Town making the overpayments. The Supervisor stated that she would investigate this and

22Forprofessionalservicesthatinvolvespecializedtrainingorexpertise,suchastheservicesrenderedbyattorneys,engineersandaccountants

23Boardminutesindicatethattheamountpaidtothisconsultantshouldnotexceed$30,000.

Page 13: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

1111Division of LocaL Government anD schooL accountabiLity

seekareimbursementifnecessary.AsofDecember2014,theTown had not received the reimbursement.

• The Town hired an engineering firm to provide generalengineering services to the Town at a cost not to exceed$120,000.Inadditiontoprovidinggeneralengineeringservices,theTownalsoseparatelycontractswiththisengineeringfirmfor other miscellaneous engineering projects.24Townofficialsindicated that they did not solicit proposals from any other engineering firms for a $1.9 million project that began in2013.Bynotrequiringproposalsfromcompetingengineeringfirms,theTownmaynothavegottenthebestpriceorthemostfavorable terms and conditions for the project. There is also a riskthattheTown’sengineeringfirmmayhavebeengivenanunfair advantage on this project.

WhenTownofficialsandemployeesdonotadheretotheprovisionsoftheprocurementpolicyorproperlyapproveclaimspriortopayment,they cannot provide reasonable assurance that the lowest price is obtained for the product or service to be acquired.

TheBoardshould:

1. Annually review the procurement policy and periodicallyupdate it, as necessary, to ensure it is consistent with anystatutory requirements and meets the needs of the Town.

2. Adhere to the purchasing resolution which requires Boardapproval prior to committing for a purchase that is more than $5,000.

3. Auditandapproveclaimspriortopayment.

4. RequireTownofficialstoattachtheappropriatedocumentationto each electronic claim so the Board or Comptroller can conductathoroughauditandensurethatofficialsarefollowingthe Town’s procurement policy.

5. RequireTownofficialsandemployeestoobtainwrittenandoral quotes as required by the procurement policy.

6. Consider issuingRFPs for professional services inorder toobtain the desired service with the most favorable terms.

7. Review the invoices from the personal services consultant and seek reimbursement for any payments that were above the agreed contract amount.

24In2014,theTownpaidthisengineeringfirmmorethan$1.4million.

Recommendations

Page 14: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

12 Office Of the New YOrk State cOmptrOller12

APPENDIX A

RESPONSE FROM TOWN OFFICIALS

TheTownofficials’responsetothisauditcanbefoundonthefollowingpages.

Page 15: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

1313Division of LocaL Government anD schooL accountabiLity

SeeNote1Page 17

SeeNote2Page 17

Page 16: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

14 Office Of the New YOrk State cOmptrOller14

Page 17: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

1515Division of LocaL Government anD schooL accountabiLity

Page 18: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

16 Office Of the New YOrk State cOmptrOller16

Page 19: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

1717Division of LocaL Government anD schooL accountabiLity

APPENDIX B

OSC COMMENTS ON THE TOWN’S RESPONSE

Note1

Werevisedthissentencebasedoninformationobtainedattheexitdiscussion.

Note2

Asindicatedinthereport,theBoardisresponsibleforauditingeachclaim,nottheabstractofauditedclaims(i.e.,“TownBoardWarrants”).

Page 20: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

18 Office Of the New YOrk State cOmptrOller18

APPENDIX C

AUDIT METHODOLOGY AND STANDARDS

TheobjectiveofourauditwastoevaluatetheTown’spurchasingpracticesfortheperiodJanuary1,2013throughDecember18,2014.Toachieveourauditobjectiveandobtainvalidauditevidence,weperformedthefollowingauditprocedures:

• WeinterviewedTownofficialsandreviewedfinancialrecordsandreports,policiesandBoardminutes.

• We selected a judgmental sampleof65purchases totaling approximately$2.7million thatwerepaidduring2013or2014.Thedistributionofthepurchasesselectedisasfollows:30purchasestotalingapproximately$2.3millionthatwereaboveGMLbiddingthresholds;24purchasestotaling$270,012thatwereunderGMLbiddingthresholds,butabovetheTown’sprocurement policy requirements for written quotes (purchases or public works greater than $5,000);eightpaymentsforprofessionalservicestotaling$106,331;andthreepaymentsforcreditcardpurchasestotaling$8,687.

• Weselectedclaimsfromthe2013and2014vendorhistoryreports,basedonthegeneralcriteriathatpaymentswereatleast$5,000andthatatleastonepurchasewasselectedforeachvendortested.Wedidnotincludepaymentsforutilities,insuranceoremployeebenefits.

• Werequestedevidenceofquotes,competitivebiddingandStateorCountycontractdocumentsfrom the applicable Town departments.

• WesearchedtheNewYorkStateOfficeofGeneralServiceswebsiteforStatecontractsandthe Erie County Department of Purchasing website for County contracts to verify and research certain purchases.

• We searched Board minutes for evidence of Board approval prior to or after purchases that weregreaterthan$5,000.

WeconductedthisperformanceauditinaccordancewithGAGAS.Thosestandardsrequirethatweplanandperform theaudit toobtainsufficient,appropriateevidence toprovidea reasonablebasisforourfindingsandconclusionsbasedonourauditobjective.Webelievethattheevidenceobtainedprovidesareasonablebasisforourfindingsandconclusionsbasedonourauditobjective.

Page 21: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

1919Division of LocaL Government anD schooL accountabiLity

APPENDIX D

HOW TO OBTAIN ADDITIONAL COPIES OF THE REPORT

OfficeoftheStateComptrollerPublicInformationOffice110StateStreet,15thFloorAlbany,NewYork12236(518)474-4015http://www.osc.state.ny.us/localgov/

Toobtaincopiesofthisreport,writeorvisitourwebpage:

Page 22: Town of West Seneca - Purchasing · The objective of our audit was to evaluate the Town’s purchasing practices. Our audit addressed the following related question: • Did the Board

20 Office Of the New YOrk State cOmptrOller20

APPENDIX EOFFICE OF THE STATE COMPTROLLER

DIVISION OF LOCAL GOVERNMENTAND SCHOOL ACCOUNTABILITYAndrewA.SanFilippo,ExecutiveDeputyComptroller

GabrielF.Deyo,DeputyComptrollerNathaalieN.Carey,AssistantComptroller

LOCAL REGIONAL OFFICE LISTING

BINGHAMTON REGIONAL OFFICEH.ToddEames,ChiefExaminerOfficeoftheStateComptrollerStateOfficeBuilding,Suite170244 Hawley StreetBinghamton,NewYork13901-4417(607)721-8306Fax(607)721-8313Email:[email protected]

Serving:Broome,Chenango,Cortland,Delaware,Otsego,Schoharie,Sullivan,Tioga,TompkinsCounties

BUFFALO REGIONAL OFFICEJeffreyD.Mazula,ChiefExaminerOfficeoftheStateComptroller295MainStreet,Suite1032Buffalo,NewYork14203-2510(716)847-3647Fax(716)847-3643Email:[email protected]

Serving:Allegany,Cattaraugus,Chautauqua,Erie,Genesee,Niagara,Orleans,WyomingCounties

GLENS FALLS REGIONAL OFFICEJeffreyP.Leonard,ChiefExaminerOfficeoftheStateComptrollerOne Broad Street PlazaGlensFalls,NewYork12801-4396(518)793-0057Fax(518)793-5797Email:[email protected]

Serving:Albany,Clinton,Essex,Franklin,Fulton,Hamilton,Montgomery,Rensselaer,Saratoga,Schenectady,Warren,WashingtonCounties

HAUPPAUGE REGIONAL OFFICEIraMcCracken,ChiefExaminerOfficeoftheStateComptrollerNYSOfficeBuilding,Room3A10250VeteransMemorialHighwayHauppauge,NewYork11788-5533(631)952-6534Fax(631)952-6530Email:[email protected]

Serving:NassauandSuffolkCounties

NEWBURGH REGIONAL OFFICETennehBlamah,ChiefExaminerOfficeoftheStateComptroller33AirportCenterDrive,Suite103NewWindsor,NewYork12553-4725(845)567-0858Fax(845)567-0080Email:[email protected]

Serving:Columbia,Dutchess,Greene,Orange,Putnam,Rockland,Ulster,WestchesterCounties

ROCHESTER REGIONAL OFFICEEdwardV.Grant,Jr.,ChiefExaminerOfficeoftheStateComptrollerThe Powers Building16WestMainStreet,Suite522Rochester,NewYork14614-1608(585)454-2460Fax(585)454-3545Email:[email protected]

Serving:Cayuga,Chemung,Livingston,Monroe,Ontario,Schuyler,Seneca,Steuben,Wayne,YatesCounties

SYRACUSE REGIONAL OFFICERebeccaWilcox,ChiefExaminerOfficeoftheStateComptrollerStateOfficeBuilding,Room409333E.WashingtonStreetSyracuse,NewYork13202-1428(315)428-4192Fax(315)426-2119Email:[email protected]

Serving:Herkimer,Jefferson,Lewis,Madison,Oneida,Onondaga,Oswego,St.LawrenceCounties

STATEWIDE AUDITSAnnC.Singer,ChiefExaminerStateOfficeBuilding,Suite170244 Hawley Street Binghamton,NewYork13901-4417(607)721-8306Fax(607)721-8313