§103D-204  Establishment of the state
procurement office; administrator.  (a)  There shall be a state procurement
office, placed for administrative purposes only, within the department of
accounting and general services, which shall be headed by the administrator of
the state procurement office.  The administrator shall be the chief procurement
officer for those governmental bodies of the executive branch as provided in
section [103D-203(a)(8)].  The administrator shall be a full-time public
official.  The administrator shall serve a term of four years, and shall be
paid a salary not to exceed eighty-seven per cent of the salary of the director
of human resources development, without diminution during the administrator's
term of office unless by general law applying to all deputies or assistants to
department heads.



(b)  The administrator shall be appointed by
the governor from a list of no less than three and no more than five names
submitted by the policy board.  The appointment of the administrator shall
require the advice and consent of the senate.  The administrator may only be
removed from office by the governor, provided the governor shall give prior
notification of such removal to the chairperson of the policy board, the
president of the senate, and the speaker of the house of representatives.



(c)  The administrator shall have:



(1)  A minimum of five years experience in public
procurement within twelve years preceding the date of appointment; and



(2)  Demonstrated executive and organizational ability.



(d)  The administrator shall operate
independently of the comptroller.  The administrator may appoint and dismiss a
private secretary without regard to chapters 76 and 89, who shall serve at the
administrator's pleasure.  The comptroller shall provide support to permit the
administrator to satisfy all of the administrator's responsibilities as the
chief procurement officer for those governmental bodies of the executive branch
of the State for which a chief procurement officer is not otherwise designated.
[L Sp 1993, c 8, pt of §2; am L 1995, c 178, §5 and c 211, §7; am L 1997, c
352, §6; am L 2002, c 148, §8; am L 2005, c 226, §4]



 



Case Notes



 



  Chief procurement officer authorized under §103D-203
(pre-1997) and this section to make substantial interest determination under
subsection (f) for public library system was superintendent of education and
not administrator of state procurement office.  85 H. 431, 946 P.2d 1.