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4.4 ERMUSR 07-13-2021______________________________________________________________________________ Page 1 of 2 UTILITIES COMMISSION MEETING TO: ERMU Commission FROM: Michelle Canterbury – Executive Administrative Manager MEETING DATE: July 13, 2021 AGENDA ITEM NUMBER: 4.4 SUBJECT: Purchase Order Policy ACTION REQUESTED: Approve the delegation of authority to management and move the Purchase Order Policy from the Commission Policy Manual to the Management Policy Manual. BACKGROUND: In 2017, the Commission worked with staff and a consulting firm to develop governance policies based on the Carver Model of governance. In 2019, an initiative was created to develop a migration plan for relevant old policies to become part of the new Commission Policy Manual, confirm delegation of authority to management for old policies that are not governance, and eliminate or remove documents that are not policy. At the November 19, 2019, commission meeting, the Commission addressed the administration section of the old policy manual and approved moving six administration policies to the Commission Policy Manual, one of those being the Purchase Order Policy. DISCUSSION: The final step of the policy manual initiative is the review of policies transferred over to the Commission Policy Manual. The review process includes making any necessary updates, formatting, and creating new policies that were identified. Any proposed changes or new policies will be presented to the commission for consideration and approval. After review of the G4i.5 Purchase Orders Policy that was transferred over to nest under G.4i Financial Conditions and Transactions, we determined that the policy outlines our internal procedures and when a purchase order is required. In addition, commission policy G.414 Procurement sets the expectation and states “the General Manager shall designate specific delegated procurement authorities for selected ERMU managers and employees, by position title, based on type of procurement, dollar value, or other appropriate criteria, and keep complete and accurate records of all procurement contracts demonstrating compliance with applicable legal and regulatory requirements, this commission policy, and established management policies, procedures, and practices.” As the Purchase Order Policy is a downstream internal procedure required by the governance procurement policy it should be classified as management policy. 80 ______________________________________________________________________________ Page 2 of 2 Based on our review, staff recommends moving the Purchase Order Policy from the Commission Policy Manual to the Management Policy Book as it addresses implementation of commission policy by management. ATTACHMENTS: • ERMU Policy – G.4i5 – Purchase Orders • ERMU Policy – G.4i4 – Procurement – For reference only • ERMU Policy – G.4i – Financial Conditions and Transactions – For reference only 81 G.4i5 – Purchase Orders 1.0 Purchase Order Policy In an effort to enhance documentation of purchasing materials and/or services, the following procedures shall be implemented: A. Any purchased item(s) or service(s) over $5,000.00 must have a pre-approved purchase order number. The Supervisor of the department will initiate the purchasing process by securing quotations or asking the Purchasing Specialist to secure quotations before the actual item is purchased. The General Manager or his designee will sign all purchase orders. A minimum of two quotations shall be required. B. Items or services under $5,000.00 may be purchased upon authorization of the Supervisor. C. Routine items such as office supplies, hardware, and small automatic parts will not require a purchase order at places of business where an account is established. The Supervisor must authorize purchase and he/she or employee must sign receipt at the place of business and submit such a receipt to the Purchasing Specialist. Revised April 9, 2013 82 ______________________________________________________________________________ Page 1 of 2 COMMISSION POLICY Section: Category: Governance Delegation to Management Policies Policy Reference: Policy Title: G.4i4 Procurement PURPOSE: With this policy, the Commission sets forth its expectations for the General Manager concerning procurement of supplies and services for ERMU. POLICY: The General Manager shall establish management policies, procedures, and practices for procurement that are consistent with the requirements of the most current version of or successor to Minnesota Statute 471.345 Uniform Municipal Contracting Law, and which implement and comply with the following: 1. Contracts for procurement which are estimated to exceed $175,000 in value shall be presented to the Commission for specific approval. 2. Contracts for procurement with a value of less than $175,000 do not require specific Commission approval, but the General Manager shall report on the procurement to the Commission at the next regular Commission meeting if the contract amount exceeds $25,000 and the item has not been previously approved by the Commission as part of the Business Plan/Budget. 3. Contracts for procurement with a value of less than $25,000 may be entered into by the General Manager or his/her designee without approval or reporting to the Commission, but shall be reflected in ERMU’s financial records. In addition, the General Manager shall: 1. Designate specific delegated procurement authorities for selected ERMU managers and employees, by position title, based on type of procurement, dollar value, or other appropriate criteria. 83 ERMU Commission Policy – G.4i.4 Procurement Policy ______________________________________________________________________________ ______________________________________________________________________________ Page 2 of 2 2. Keep complete and accurate records of all procurement contracts demonstrating compliance with applicable legal and regulatory requirements, this Commission policy, and established management policies, procedures and practices. 3. Inform the Commission, as soon as practical after discovery, of any material violations of this policy, Minnesota law, or the conditions of a Commission contract approval. POLICY HISTORY: Adopted December 12, 2017 Revised July 9, 2019 84 ______________________________________________________________________________ Page 1 of 2 COMMISSION POLICY Section: Category: Governance Delegation to Management Policies Policy Reference: Policy Title: G.4i Financial Condition and Transactions PURPOSE: With this policy, the Commission sets forth its expectations for the General Manager concerning ERMU’s financial condition and transactions. POLICY: The General Manager shall not intentionally cause or allow ERMU’s financial condition to become precarious or to materially deviate from the Financial Plan or Business Plan/Budget. The General Manager shall not allow financial transactions to occur outside of the boundaries established by other applicable provisions of the Commission’s governance policies. The General Manager shall not allow financial reporting that fails to comply with applicable standards for governmental accounting. Consistent with this general statement, the General Manager shall: 1. Provide monthly financial reports to the Commission which accurately and adequately describe ERMU’s financial condition. 2. Provide quarterly financial report presentations which discuss any material changes (1% or greater of annual revenues or expenditures for each utility enterprise) to the projections for the balance of the fiscal year including any appropriate remedial actions. 3. Not allow the cumulative expenditure of funds during a fiscal year to exceed by more than $1 million the amounts that have been allocated through the approved capital and operating budgets without prior approval by the Commission in the form of a budget amendment. 4. Advise the Commission of any individual project expenditure in excess of 10% above the approved budgeted amount. 85 ERMU Commission Policy – G.4i Financial Condition and Transactions ______________________________________________________________________________ ______________________________________________________________________________ Page 2 of 2 5. Not reallocate an amount greater than $500,000 among line items in the approved capital and operating budgets without prior approval by the Commission in the form of a budget amendment. 6. Advise the Commission of any financial transaction or event deemed by the General Manager to have a substantial impact on ERMU’s financial condition. 7. Not take any financial action that violates bond covenants or otherwise jeopardizes ERMU’s ability to obtain favorable bond ratings. 8. Not allow working capital and other designated reserves to fall below the levels established in the Financial Plan. 9. Make payroll and pay other financial obligations in a timely way. 10. Collect or otherwise resolve receivables. 11. Implement internal policies and procedures that comply and ensure timely accounting and reporting of financial condition and transactions in accordance with legal or regulatory requirements, and generally accepted industry practices. 12. Not acquire, encumber, or dispose of real property without approval of the Commission. POLICY HISTORY: Adopted August 8, 2017 86