New York § 401 - 401Powers and duties

Full text of New York New York Consolidated Laws § 401 — 401Powers and duties, with citation guidance and answers to common questions.

§ 401. 401Powers and duties

§ 401. Powers and duties. The county purchasing agent except in a county having adopted the county administrator form of county government: 1. Shall, within the amount of the unencumbered balance provided by appropriation therefor, make all purchases and contracts for the various administrative units, officers and other officials paid from county funds, institutions and other agencies of the county, except the purchase of real estate, and may also make purchases for units of local government of the county if authorized by local law and by appropriate action by the governing board or body of the unit of local government affected. 2. May with the approval of the county executive, transfer supplies, materials, equipment and other articles from one administrative unit of the county to another. 3. May with the approval of the county executive, sell, trade in and exchange supplies, materials, equipment and other articles of the county. 4. May with the approval of the county executive, establish suitable specifications and standards for all supplies, materials, equipment and other articles which the county purchases, and may inspect deliveries of all such materials, equipment and other articles to determine their compliance with such specifications and standards. 5. Shall let only after public advertisement and competitive bidding every purchase or contract in an amount exceeding one thousand dollars under rules and regulations to be established by local law except that he may make any such purchase or contract without public advertisement or competitive bidding: (a) when, by resolution duly adopted by a two-thirds vote of the whole number of the members of the board of supervisors, it is determined to be impracticable to advertise for such bids or that a public emergency exists requiring immediate action; (b) when the heating, ventilating, lighting, plumbing, air conditioning, water, gas, sewerage or other operation functions, or the machinery, apparatus or equipment of any of the public buildings of the county shall become disabled, or any of the said buildings or parts thereof shall be rendered unusable by reason of the sudden action of the elements or any other unusual cause, and the county executive shall certify in writing to the county purchasing agent such emergency and the necessity of immediate repair of such defects, or (c) whenever the machinery, apparatus or equipment of any kind for the upkeep of highways becomes disabled or worn and the county executive shall certify in writing to the necessity of purchases of new parts for repairs to the same. 6. Shall not furnish any supplies, materials, equipment or other articles to any county-using agency, except upon receipt of a requisition approved by the head of such county-using agency, and unless there be an unencumbered balance of appropriation available for payment of the same. 7. Shall advertise for such bids when so required for at least three consecutive days in an official newspaper of the county and let the contract to the lowest responsible bidder who in the opinion of the county purchasing agent is able to supply the items to be purchased to the best interest of the county. 8. Shall, upon dates to be fixed by the board of supervisors and covering periods to be specified by it, furnish to the director of finance and to the clerk of the board of supervisors verified statements of all purchases together with the quantity and price and shall furnish to the board of supervisors such additional statement as the board of supervisors shall direct. 9. Shall perform such additional and related duties as may be delegated to him by county act.

Frequently Asked Questions About New York § 401

What does New York Consolidated Laws § 401 cover?

Section 401 ("401Powers and duties") is part of the New York Consolidated Laws, the codified statutory law of New York. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New York § 401?

A common citation format is "New York Consolidated Laws § 401" (New York). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New York law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New York official source linked on this page or consult a licensed New York attorney.

How does New York § 401 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New York can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New York.