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MANUAL 500-2
SECTION 01.2
PROGRAM REVIEWS
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BUREAU OF MANAGEMENT ANALYSIS AND PROJECTS
1. Purpose
This procedure describes the process for periodic reviews of
land transactions.
2. Applicable
Law and/or Guidance
Thruway
Real Property Management Policy (25-6-02)
Executive Instruction entitled Inappropriate Lobbying Influence
In Authority/Corporation Procurements
3. Introduction
Periodic reviews of land transactions ensure that the New York
State Thruway Authority (Authority) policies and procedures are being followed,
and that areas for improvement are identified.
The Bureau of Real Property Management (BRPM) will conduct
periodic program reviews of land transaction projects related to disposals and
acquisitions, for compliance with land management procedures.
The Headquarters Permit Coordinator (HQPC) will conduct
periodic program reviews of land transaction projects related to occupancy and
work permits, for compliance with land management procedures.
The key to an effective review is to interview the people
involved in the process to assess their level of understanding (as well as to
seek their input for areas of improvement) and to collect evidence to document
that policies and procedures are being followed and are effective.
4. Procedure
4.1. Pre-Review Activities
4.1.1. Annually,
BRPM/HQPC will prepare a program review plan for the year. The plan should identify:
· What
transactions will be reviewed?
· What
Divisions, organizations or personnel will be part of the review?
· When
will the review be conducted?
· Are
additional team members needed for the review and who should they be?
4.1.2. Prior to
the review, BRPM/HQPC will further define the review scope. The REVIEW FIELD NOTES (NOTES) form1
may be used to identify who will be interviewed, what documentation will be
reviewed, etc.
4.1.3. If a
team is being used for the review, the members will meet and discuss the review
plan and scope of the review.
Responsibilities will be assigned for team members, including what areas
to review. Whenever possible, a
representative from the Department of Audit and Management Services (A&MS)
should be part of the team.
4.1.4. BRPM/HQPC
will notify the affected organizations and individuals of the review and will select
a review date and time. Information and
records that will be reviewed should be identified so that the materials are
ready for review when the team arrives.
4.2. Conducting the Review
4.2.1. BRPM/HQPC will coordinate the review. Typically, a short opening meeting is held
that explains what will be looked at, who the team members are, and a
description of their assignments. It
should be stressed that input on areas for improvements is being sought as
well.
4.2.2. The team
will then divide up and complete their reviews.
Both reviews of records and interviews should be conducted. Areas for improvement should also be
identified.
4.2.3. A REVIEW
CHECKLIST2 may be used to develop the questions and information that
should be reviewed for each procedure included in the review. The team may also identify other areas that
should be included in the review.
4.2.4. At the
end of the review, typically a short closing meeting will be held to discuss
the tentative findings.
4.2.5. The
results of the review will be finalized by BRPM/HQPC and the team. The results will be discussed with A&MS.
1 Exhibit 1
2 Exhibit 2
4.3. Corrective Action Plan
4.3.1. Following
the review, the findings will be noted on the CORRECTIVE ACTION PLAN (PLAN)+.
BRPM/HQPC will identify actions to be
taken to correct the findings whenever possible. In some cases, the corrective action will
need to be identified by the organization reviewed.
4.3.2. BRPM/HQPC
will send the PLAN to the organizations reviewed, ask them to review corrective
actions, fill in or add other corrective actions, assign someone responsibility
for completing the actions, and provide a proposed due date. The PLAN should be completed and returned to BRPM/HQPC
within ten days.
4.4. Follow-Up
4.4.1. Upon
receipt of the completed PLAN, BRPM/HQPC will track the actions until completed
and will document verification of completion.
4.4.2. BRPM/HQPC
will periodically update A&MS and other applicable personnel as needed on
the review and status of the corrective actions.
4.4.3. Based on
the review, procedures will be updated and revised as needed using SOP-DEVELOPING
AND REVISING PROCEDURES (500-2-01.1).
4.5. Other Reviews
A&MS conducts audits that review financial and
internal controls. Both internal and
external consultants are used. A&MS
will conduct periodic audits of the Authority, including real property
management. A&MS is also available
to provide in-house consulting and oversight related to internal controls.
5. Responsibilities
A&MS will coordinate Authority audits related to
financial and internal controls, including those involving real property
management. In addition, A&MS will
provide in-house consulting and oversight related to internal controls.
+ Exhibit 3
BRPM will coordinate the land transaction review process for
disposals and acquisitions, including setting up a review plan, identifying and
setting up a review team (as needed), conducting the review, overseeing
preparation of a corrective action plan, verifying that review items were
corrected and communicating review information.
HQPC will coordinate the land transaction review process for
occupancy and work permits, including setting up a review plan, identifying and
setting up a review team (as needed), conducting the review, overseeing
preparation of a corrective action plan, verifying that review items were
corrected and communicating review information.
EXHIBIT 1
REVIEW FIELD NOTES
Page 1 of 2
Review Field Notes |
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Type of Transaction Reviewed:_____________________________________________ Division/Organization Reviewed:___________________________________________ Reviewer(s):__________________________________Date(s):
___________________ |
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What documents or projects should I review? |
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Whom should I talk to? |
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What questions should I ask? |
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What kinds of evidence do I need? |
REVIEW FIELD NOTES
Page 2 of 2
Notes and Evidence/Description of Nonconformance or Opportunities to Improve:
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EXHIBIT 2
REVIEW CHECKLIST
Page 1 of 7
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Questions |
Compliance Yes/No |
Comments/Evidence Reviewed |
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General |
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1.
Were
transactions completed within a year unless otherwise approved by the Board? |
Yes
No |
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2.
Were
transactions resubmitted to the Board following Board approval, when: (1) background information presented to the
Board changed and the Executive Director determines that the item should be
resubmitted to the Board; and (2) when a Board-approved transaction could not
be progressed? |
Yes
No |
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3.
Were
records easily located? |
Yes No |
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4.
Was
all information contained in the official Transaction Record? |
Yes No |
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5.
Were
records retained for required retention periods? |
Yes No |
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6.
Were
employees aware of requirements? |
Yes No |
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7.
Were
areas for improvement identified? |
Yes No |
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TRANSACTION
ANALYSIS PROCESS (500-2-02.1) Applies
to all land transactions |
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8.
Are
inquiries entered on a Thruway Real Property Inquiry form (TA-N5114)? |
Yes
No |
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9.
Is
the Thruway Transaction Analysis/Recommendation (TTAR) form (TA-N5516) completed
and approved and kept in the Transaction Record? |
Yes No |
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10. If required on the TTAR, was a
competitive process used? |
Yes No |
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11. If required on the TTAR, was a survey
and/or appraisal completed? |
Yes No |
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12. If required, was an explanatory
statement prepared and submitted to required parties at least 90 days prior
to the transaction completion? |
Yes No |
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13. Were Lobbying Law reporting
requirements met for any contacts during the pending transaction? (See EI: Inappropriate Lobbying Influence
in Authority/Corporation Procurements) |
Yes No |
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14. Was the applicant notified of any
rejection of the project? |
Yes No |
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15. Other: |
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APPRAISALS
AND SURVEYS (500-2-02.2) |
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16. Was a survey completed where required? |
Yes No |
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17. Was a survey letter providing the scope
used? |
Yes No |
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18. Was the survey reviewed by the Real
Property Unit and any issues resolved ? |
Yes No |
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19. Was an appraisal conducted where required? |
Yes No |
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20. Was an appraisal scope letter developed
and approved by BRPM? |
Yes No |
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21. Was the appraisal reviewed and approved
by BRPM? |
Yes No |
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22. Were any appraisal differences
resolved? |
Yes No |
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23. If the appraisal was over one year old,
did BRPM review the appraisal to determine if an update was needed? |
Yes No |
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24. For an exchange of property where the
value of each property was <$300,000, were one survey and one appraisal
prepared for each property? |
Yes No |
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25. For an exchange of property where the
value of either property was >$300,000, were one survey and two appraisals
prepared for each property? |
Yes No |
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26. For an exchange of property, did the
appraisals demonstrate that the property to be acquired is of at least equal
value to the property to be exchanged? |
Yes No |
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27. Other: |
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SUBMITTALS
TO THE OFFICES OF THE ATTORNEY GENERAL AND THE STATE COMPTROLLER (500-2-02.3) |
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28. Were submittals submitted to the
Attorney General’s Office when required? |
Yes No |
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29. Did submittals contain the information
listed in the procedure? |
Yes No |
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30. Were projects submitted to OSC for
review and approval when required? |
Yes No |
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31. Other: |
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STATE
ENVIRONMENTAL QUALITY REVIEW ACT (500-2-02.4) |
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32. Were copies of applicant permits
obtained prior to the start of work? |
Yes No |
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33. Was a short or full environmental
assessment form prepared? (Note: Type I actions require a FEAF) |
Yes No |
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34. Was the SEAF or FEAF reviewed by
Division and a recommendation of type and impact made? |
Yes No |
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35. If exempt from review, was Exhibit 5 completed
and placed in the Transaction Record? |
Yes No |
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36. Were other involved and/or interested
agencies identified and given the package for review? |
Yes No |
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37. Were the application, SEAF/FEAF and
Division recommendation reviewed by OTPES? |
Yes No |
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38. Did the Board review and make the SEQRA
determination? |
Yes No |
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39. If there was a positive declaration,
did the Legal Department and BRPM coordinate further required review? |
Yes No |
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40. Did BRPM notify the applicant of the
determination and any need for an EIS? |
Yes No |
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41. Other: |
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OCCUPANCY
PERMITS (500-2-02.5) |
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42. Where a disposal was contemplated, were
any permits issued in advance of the disposal approved by the Executive
Director? See Work Permit Exceptions –
Exhibit 2 in SOP 500-2-02.1. |
Yes No |
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43. Where an occupancy permit was required,
was any work permit issued in advance of the disposal approved by the
Executive Director? See Work Permit
Exceptions – Exhibit 2 in SOP 500-2-02.1. |
Yes No |
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44. Was a TTAR prepared and approved for
the transaction? |
Yes No |
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45. Were annual fees determined by Division
real estate personnel by appraisal where there was no fee schedule? |
Yes No |
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46. Were fees received and a receipt issued
and the fee sent to the Credit and Collection Unit or was a permit closure
notice sent to the applicant? |
Yes No |
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47. Was a Transaction Record kept by the
HQPC? |
Yes No |
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48. Were any appeals of the permit fee sent
to the DD for handling in accordance with regulations and procedures? |
Yes No |
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49. Other: |
Yes No |
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WORK
PERMITS (500-2-02.6) |
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50. Where a disposal was contemplated, were
any permits issued in advance of the disposal approved by the Executive
Director? See Work Permit Exceptions –
Exhibit 1 of this SOP. |
Yes No |
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51. Where an occupancy permit was required,
was any work permit issued in advance of the disposal approved by the
Executive Director? See Work Permit
Exceptions – Exhibit 1 of this SOP. |
Yes No |
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52. Were fees, security deposit and performance
bond received and a receipt issued and the fee sent to the Credit and
Collection Unit? |
Yes No |
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53. Did the DPC ensure that the insurance
certificate was current and provided adequate coverage? |
Yes No |
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54. Did the DPC review and approve the
application? |
Yes No |
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55. Was the applicant notified of any
permit application rejections by the DD? |
Yes No |
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56. Were fees collected upon completion of
the work, if required? |
Yes No |
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57. Following completion of the work, did
the DPC conduct a site visit, if needed, and required follow-up action taken? |
Yes No |
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58. Other: |
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PERMIT
AND LEASE ENFORCEMENT (500-2-02.7) |
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59. For delinquent accounts for nonpayment,
were the steps described in the SOP followed? |
Yes No |
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60. For lapsed insurance, were the steps in
Section 4.2 followed? |
Yes No |
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61. For other permit or lease violations,
were the steps described in the SOP followed? |
Yes No |
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62. Did the HQPC (for permits) or BRPM (for
disposals) coordinate a review to determine the appropriate response? |
Yes No |
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63. Was action taken to correct the
violation? |
Yes No |
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64. Was the Board notified of any proposed
lease termination? |
Yes No |
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65. Did the Credit and Collections Unit and/or
the Legal Department coordinate collection of delinquent accounts as
described in the SOP? |
Yes No |
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66. Was a Division site inspection
conducted and documented as described in the SOP? |
Yes No |
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67. Were issues resolved? |
Yes No |
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68. Were encroachments handled in accordance
with the SOP? |
Yes No |
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69. Other: |
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LEASES
(500-2-02.8) |
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70. Was a TTAR completed and approved for
the lease? |
Yes No |
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71. Were any permits issued in advance of
the lease approved by the Executive Director? |
Yes No |
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72. Was the lease resubmitted to the Board
if any of the circumstances described in the SOP were met? |
Yes No |
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73. Was the lease completed within one year
of Board authorization? |
Yes No |
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74. Were Lobbying Law requirements met including
a restricted period, contact only with official contacts, vendor
responsibility, etc.? |
Yes No |
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75. Were required survey and appraisal
deposits and costs received? |
Yes No |
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76. Was any required survey or appraisal
completed? |
Yes No |
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77. Were SEQRA reviews completed? |
Yes No |
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78. Did the DD notify the applicant of any
rejections of their application? |
Yes No |
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79. Was the lease reviewed by the TRPMC? |
Yes No |
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80. Was the Board kept apprised of the
progress of the lease? |
Yes No |
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81. If required, was an explanatory
statement prepared and distributed by BRPM? |
Yes No |
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82. Did the Board authorize the lease? |
Yes No |
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83. Did the Legal Department prepare the
lease? |
Yes No |
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84. Was the lease signed by the Executive Director,
the Chief Financial Officer, and the Legal Department? |
Yes No |
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85. Where the total contract rental
payments were >$10,000, did the OAG and OSC approve the lease? |
Yes No |
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86. Did the Insurance Compliance Unit
ensure that proper insurance coverage is in effect and process bond and
rental payment? |
Yes No |
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87. Did BRPM maintain a Transaction Record
for the lease? |
Yes No |
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88. Other: |
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ACQUISITIONS
(500-2-02.9) |
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89. For acquisitions by eminent domain, did
the Legal Department coordinate the acquisition? |
Yes
No |
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90. Was the acquisition completed within
one year of Board authorization? |
Yes No |
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91. Was the acquisition resubmitted to the
Board if any of the circumstances described in the SOP were met? |
Yes No |
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92. Were Lobbying Law requirements met
including a restricted period, contact only with official contacts, vendor
responsibility, etc.? |
Yes No |
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93. Were required survey and appraisal
deposits and costs received? |
Yes No |
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94. Was any required survey or appraisal
completed? |
Yes No |
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95. Were SEQRA reviews completed? |
Yes No |
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96. Was the acquisition reviewed by the
TRPMC? |
Yes No |
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97. Was the Board kept apprised of the
progress of the lease? |
Yes No |
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98. Did the Board authorize the acquisition? |
Yes No |
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99. Did BRPM coordinate the preparation of
the acquisition package? |
Yes No |
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100. Did the Legal Department prepare the
purchase agreement or easement and applicable documents? |
Yes No |
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101. Was the purchase and sale agreement signed
by the Executive Director, the Contracting Officer, and the Legal Department? |
Yes No |
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102. Where the property value was
>$15,000, did the OAG and OSC approve the acquisition? |
Yes No |
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103. Did the Legal Department coordinate the
closing? |
Yes No |
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104. Did BRPM maintain a Transaction Record
for the sale? |
Yes No |
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105. Other: |
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SALES
(500-2-2.10) |
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106. Was a TTAR completed and approved for
the sale? |
Yes No |
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107. Were any permits issued in advance of
the sale approved by the Executive Director? |
Yes No |
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108. Was the sale resubmitted to the Board
if any of the circumstances described in the SOP were met? |
Yes No |
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109. Was the sale completed within one year
of Board authorization? |
Yes No |
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110. Were Lobbying Law requirements met
including a restricted period, contact only with official contacts, vendor
responsibility, etc.? |
Yes No |
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111. Were required survey and appraisal
deposits and costs received? |
Yes No |
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112. Was any required survey or appraisal
completed? |
Yes No |
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113. Were SEQRA reviews completed? |
Yes No |
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114. Did the DD notify the applicant of any
rejections of their application? |
Yes No |
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115. Was the sale reviewed by the TRPMC? |
Yes No |
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116. Was the Board kept apprised of the
progress of the sale? |
Yes No |
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117. If required, was an explanatory
statement prepared and distributed by BRPM? |
Yes No |
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Questions 118 and 119 - apply to sales
by auction. For an RFP, reference
procurement procedures. |
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118. Did BRPM coordinate the development of
an auction plan that was approved by the Contracting Officer? |
Yes No |
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119. Did the auction bid package contain the
information required in the SOP? |
Yes No |
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120. Did the sale notice and advertising
plan contain the information required in the SOP? |
Yes No |
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121. Was a notice of sale developed containing
the information required in the SOP? |
Yes No |
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122. Were the plans followed? |
Yes No |
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123. Did prospective bidders register and
did the registration form contain Lobbying Law requirements? |
Yes No |
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124. Was the sales agreement signed by the
highest bidder at the conclusion of the auction and a deposit paid? |
Yes No |
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125. Did the Board authorize the proposed
sale? |
Yes No |
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126. Did BRPM enter the transaction
information on the list of real property with a FMV >$15,000 that the
Authority intends to dispose of for that year? |
Yes No |
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127. Was the sales agreement prepared by the
Legal Department? |
Yes No |
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128. Was the sale agreement signed by the
Legal Department, the Chief Financial Officer, and the Executive Director? |
Yes No |
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129. Where the sale contract value was over
$10,000, did the OAG and OSC approve the sale? |
Yes No |
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130. Did BRPM notify the applicant of any
rejections? |
Yes No |
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131. Did BRPM notify ERPU to update maps and
databases to reflect the sale? |
Yes No |
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132. Did BRPM keep the Transaction Record
for the sale? |
Yes No |
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Other: |
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EXHIBIT 3
CORRECTIVE ACTION PLAN
|
Finding |
Action |
Person Responsible |
Due Date |
Completion Date |
Verified By & Date Verified |
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