N.J. Admin. Code § 5:32-4.4

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:32-4.4 - Vacancy in the office of purchasing agent

(a) Following the appointment of a purchasing agent for a contracting unit, if the person appointed no longer performs such duties, the governing body or chief executive officer, as appropriate to the form of government, may appoint, for a period not to exceed one year commencing from the date of the vacancy, a person who does not possess a qualified purchasing agent certificate to serve as a temporary purchasing agent. With the approval of the Director, a contracting unit may appoint or reappoint a temporary purchasing agent for a maximum of one additional year following the end of the first temporary appointment. No contracting unit shall employ a temporary purchasing agent for more than two consecutive years.

1. Prior to the end of the first year appointment of a temporary purchasing agent, the governing body, or chief executive officer, as appropriate, shall request, in writing, permission from the Director to appoint a temporary purchasing agent for a second year. A questionnaire approved by the Director shall be completed and included with the written request. The completed questionnaire and any documents submitted in support of said questionnaire shall be exempt from disclosure under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.

2. Before granting approval to appoint or reappoint a temporary purchasing agent for a second year, the Director shall be satisfied that the individual is of good moral character and can satisfactorily fulfill the duties of a purchasing agent. Any request to the Director shall provide the following information:

i. The candidate's efforts to obtain a qualified purchasing agent certificate;

ii. Whether, as a condition of hiring, the contracting unit performed a criminal background check, credit check and judgment search, along with the results thereof;

iii. An explanation of any repeat comments on the most recent annual audit, attributable to the office of purchasing agent; and

iv. An explanation of any complaints against the office of purchasing agent from a member of the public or other persons that are of a serious nature, such as those involving potential, ongoing, or prior litigation.

3. The Director may request from the governing body or chief executive officer of the contracting unit, as appropriate, such other information as may be necessary to determine the individual's good moral character and ability to fulfill the duties of purchasing agent.

(b) During the term of appointment of a temporary purchasing agent, a contracting unit's bid threshold may remain at an amount up to the maximum allowed for a contracting unit having appointed a person possessing a qualified purchasing agent certificate to serve as the purchasing agent, so long as the governing body has adopted a resolution authorizing such amount. Contracts awarded after a vacancy occurs in the office of a purchasing agent shall be subject to a bid threshold of $ 17,500, or in the case of boards of education, the bid threshold established by the State Treasurer pursuant to N.J.S.A. 18A:18-3(b), until either the subsequent appointment of a person possessing a qualified purchasing agent certificate to serve as the purchasing agent or the appointment of a temporary purchasing agent pursuant to this section. A contracting unit shall notify its auditor upon a vacancy occurring in the office of a purchasing agent , unless the contracting unit's auditor inquires, on an annual basis, whether the contracting unit has appointed either a purchasing agent or, in lieu of having appointed a purchasing agent, a temporary purchasing agent pursuant to this section.

N.J. Admin. Code § 5:32-4.4

Amended and recodified from 5:34-5.5 by 49 N.J.R. 3671(a), effective 12/4/2017

Amended by 54 N.J.R. 1546(a), effective 8/1/2022