New Jersey § 40a:11-9

§ 40a:11-9.

a. The governing body of any contracting unit may by ordinance, in the case of a municipality,

by ordinance or resolution, as the case may be, in the case of a county, or by resolution

in all other cases, designate an individual to serve as the contracting unit's purchasing

agent. The individual designated as the purchasing agent pursuant to this subsection shall

be assigned the authority, responsibility, and accountability for the purchasing activity

for the contracting unit, to prepare public advertising for bids and to receive bids

for the provision or performance of goods or services on behalf of the contracting

unit and to award contracts permitted pursuant to subsection a. of section 3 of P.L.1971,

c. 198 ( C.40A:11-3 ) in the name of the contracting unit, and conduct any activities as may be necessary

or appropriate to the purchasing function of the contracting unit as its contracting

agent. The individual designated to serve as the purchasing agent of a contracting unit

pursuant to this subsection shall possess a qualified purchasing agent certificate

pursuant to this section. The individual designated as the purchasing agent pursuant to this subsection may

be a part-time or full-time employee of the contracting unit, an independent contractor,

or an individual employed by another contracting unit through a shared services agreement. b. The Director of the Division of Local Government Services, after consultation with

the Commissioner of Education, shall establish criteria to qualify individuals who

have completed appropriate training and possess such purchasing experience as deemed

necessary to serve as a purchasing agent, and, when determined to be necessary by

the director, have passed an examination administered by the director pursuant to

this section. The criteria established by the director shall include, but are not limited to,

the following: (1) is a citizen of the United States; (2) is of good moral character; (3) is a high school graduate or equivalent; (4) has at least two years of higher education, and two years of full time governmental

experience performing duties relative to those of public procurement provided, however,

that additional years of experience may be substituted for years of higher education,

on a one to one basis; (5) has successfully received certificates indicating satisfactory completion of a

series of training courses in public procurement as determined by the director and

provided by either the Division of Local Government Services, or, with the approval

of the director, by a county college or Rutgers, The State University of New Jersey,

all under the supervision of instructors who meet criteria established by the director; (6) has submitted completed application forms, including proof of education and experience,

as set forth in this subsection, accompanied by a fee in the amount of $150 payable

to the State Treasurer, to the Director of the Division of Local Government Services

at least 30 days prior to the administration of a State examination; (7) has successfully passed a State examination for a qualified purchasing agent certificate. The director shall hold examinations semi-annually or at such times as the director

may deem appropriate. An individual shall be eligible to take the State examination for a qualified purchasing

agent certificate without having taken the courses required pursuant to paragraph

(5) of this subsection if the individual has been certified by the division as a certified

municipal finance officer, a certified county finance officer, or a certified county

purchasing officer. The director shall issue a qualified purchasing agent certificate to an individual

who passes the examination upon payment to the director of a fee of $25 which shall

be payable to the State Treasurer. c. The criteria established by the director to authorize purchasing agents, pursuant

to subsection b. of this section, shall include, but are not limited to, completion

of a course in green product purchasing, as established by the director pursuant to

regulation. Any person qualified pursuant to subsection b. of this section prior to the establishment

of the course in green product purchasing, shall in order to continue to be qualified,

take and successfully complete the course within four years from the date the course

is established. For the purposes of this subsection and section 2 of P.L.2007, c. 332 ( C.40A:11-9.1 ), “ green product ” means any commodity or service that has a lesser or reduced negative effect on human

health and the environment when compared with competing commodities or services. Items considered in this comparison may include, but are not limited to: raw materials

acquisition, production, manufacturing, packaging, distribution, reuse, operation,

maintenance, disposal, energy efficiency, recycled content resource use, transportation,

and durability. d. (1) Renewal of the qualified purchasing agent certification shall be required every

three years, subject to the applicant's fulfillment of continuing education requirements,

the submission of an application for renewal, and the payment of a renewal fee, all

as determined by the director. (2) In the event that an individual holding a qualified purchasing agent certificate

allows the certificate to lapse by failing to renew the certificate, the individual

shall be required to apply to take the qualifying examination required pursuant to

subsection b. of this section and pay a fee as determined by the director, except

that when an individual applies within six months of the expiration of the certificate,

the application may be made in the same manner as renewal and except that such application may be made in the same manner as a renewal within

12 months of the expiration of the certificate if the director determines that either

of the following circumstances prevents a certificate holder from earning the required

continuing education units within six months of the expiration of the certificate: (a) a flood, hurricane, superstorm, tornado, or other natural disaster, and a state

of emergency has been declared as a result thereof by the Governor; or (b) a medical event or condition . e. (1) An individual who obtained a qualified purchasing agent certificate prior to

enactment of P.L.2009, c. 166 ( C.40A:11-9a et al.) shall be exempt from taking the State qualifying examination, but shall adhere

to all requirements for renewal pursuant to subsection d. of this section. If such a qualified purchasing agent certificate expires due to the failure of the

holder to renew the certificate as prescribed in subsection d. of this section, that

individual shall be required to pass the qualifying examination as provided pursuant

to subsection b. of this section in order to be issued a new qualified purchasing

agent certificate. (2) An individual who has been certified by the Department of Education as a school

business administrator and has performed duties relative to public procurement for

at least three years shall be exempt from taking the courses required pursuant to

paragraph (5) of subsection b. of this section and the state qualifying examination,

and upon application to the director and the payment of the fee imposed pursuant to

subsection b. of this section, shall be issued a qualified purchasing agent certificate. f. Those persons who have been performing the duties of a purchasing agent for a contracting

unit pursuant to P.L.1971, c. 198 ( C.40A:11-1 et seq. ), or school board pursuant to N.J.S.18A:18A-1 et seq. for at least three continuous years, prior to the first day of the sixth month following

the promulgation of rules and regulations to effectuate the purposes of P.L.2009, c. 166 ( C.40A:11-9a et al.), and did not possess a qualified purchasing agent certificate at that time,

may take the State qualifying examination, if not otherwise exempt under subsection

e. of this section, without the courses required in subsection b. of this section. g. Following the appointment of a purchasing agent for a contracting unit pursuant

to subsection a. of this section, 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. Any person so appointed may, with the approval of the director, be reappointed as

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. h. The director may revoke or suspend a qualified purchasing agent certificate for

dishonest practices or willful or intentional failure, neglect, or refusal to comply

with the laws relating to procurement, or for other good cause. The governing body, together with the chief executive officer of any contracting

unit, or a board of education, may request the director to review the behavior or

practices of a person holding a qualified purchasing agent certificate. Prior to taking any adverse action against a person, the director or the director's

designee shall convene a hearing, upon due notice, affording the person an opportunity

to be heard. If the qualified purchasing agent certificate held by a person serving as a purchasing

agent is revoked, the director shall order that person to no longer perform the duties

of purchasing agent, and the person shall not be eligible to serve as a purchasing

agent or to make application for recertification for a period of five years from the

date of revocation. i. The director may adopt and promulgate rules and regulations to effectuate the purposes

of P.L.1971, c. 198 . Notwithstanding any provision of P.L.1968, c. 410 ( C.52:14B-1 et seq. ) to the contrary, any such regulations shall be effective immediately upon filing

with the Office of Administrative Law and shall be effective for a period not to exceed

365 days and may thereafter be amended, adopted or readopted by the director in accordance

with the requirements of P.L.1968, c. 410. In order to better manage the workload of implementing the provisions of P.L.1971, c. 198 , the director may establish a transition process for administering an examination

for individuals serving as purchasing agents on the effective date of P.L.1971, c. 198 , issuing and renewing qualified purchasing agent certificates to eligible individuals,

prescribing a schedule by which such certificates will be issued and renewed, and

such other matters as the director determines to be necessary to the implementation

of P.L.1971, c. 198 .