§103D-204  Establishment of the stateprocurement office; administrator.  (a)  There shall be a state procurementoffice, placed for administrative purposes only, within the department ofaccounting and general services, which shall be headed by the administrator ofthe state procurement office.  The administrator shall be the chief procurementofficer for those governmental bodies of the executive branch as provided insection [103D-203(a)(8)].  The administrator shall be a full-time publicofficial.  The administrator shall serve a term of four years, and shall bepaid a salary not to exceed eighty-seven per cent of the salary of the directorof human resources development, without diminution during the administrator'sterm of office unless by general law applying to all deputies or assistants todepartment heads.

(b)  The administrator shall be appointed bythe governor from a list of no less than three and no more than five namessubmitted by the policy board.  The appointment of the administrator shallrequire the advice and consent of the senate.  The administrator may only beremoved from office by the governor, provided the governor shall give priornotification of such removal to the chairperson of the policy board, thepresident of the senate, and the speaker of the house of representatives.

(c)  The administrator shall have:

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

(2)  Demonstrated executive and organizational ability.

(d)  The administrator shall operateindependently of the comptroller.  The administrator may appoint and dismiss aprivate secretary without regard to chapters 76 and 89, who shall serve at theadministrator's pleasure.  The comptroller shall provide support to permit theadministrator to satisfy all of the administrator's responsibilities as thechief procurement officer for those governmental bodies of the executive branchof 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, c352, §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 undersubsection (f) for public library system was superintendent of education andnot administrator of state procurement office.  85 H. 431, 946 P.2d 1.