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This entry was published on 2014-09-22
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Duties of public authorities with respect to the disposal of property
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 9, TITLE 5-A
§ 2896. Duties of public authorities with respect to the disposal of
property. 1. Every authority, as defined in section two of this chapter,
shall adopt by resolution comprehensive guidelines which shall (a)
detail the public authority's operative policy and instructions
regarding the use, awarding, monitoring and reporting of contracts for
the disposal of property, and (b) designate a contracting officer who
shall be responsible for the public authority's compliance with, and
enforcement of, such guidelines. Such guidelines shall be consistent
with, and shall require the public authority's contracting activities to
comply with this section, the authorities enabling legislation and any
other applicable law for the disposal of property, except that such
guidelines may be stricter than the provisions of this section, the
authorities enabling legislation and any other applicable law for the
disposal of property if the public authority determines that additional
safeguards are necessary to assure the integrity of its disposition
activities. Guidelines approved by the public authority shall be
annually reviewed and approved by the governing body of the public
authority. On or before the thirty-first day of March in each year, the
public authority shall file with the comptroller a copy of the
guidelines most recently reviewed and approved by the public authority,
including the name of the public authority's designated contracting
officer. At the time of filing such guidelines with the comptroller,
every public authority shall also post such guidelines on the public
authority's internet website. Guidelines posted on the public
authority's internet website shall be maintained on such website at
least until the procurement guidelines for the following year are posted
on such website.

2. Each public authority shall:

a. maintain adequate inventory controls and accountability systems for
all property under its control;

b. periodically inventory such property to determine which property
shall be disposed of;

c. produce a written report of such property in accordance with
subdivision three of this section;

d. transfer or dispose of such property as promptly as possible in
accordance with section twenty-eight hundred ninety-seven of this title.

3. a. Each public authority shall publish, not less frequently than
annually, a report listing all real property of the public authority.
Such report shall include a list and full description of all real and
personal property disposed of during such period. The report shall
contain the price received by the public authority and the name of the
purchaser for all such property sold by the public authority during such

b. The public authority shall deliver copies of such report to the
comptroller, the director of the budget, the commissioner of general
services, the legislature and the authorities budget office.