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CHAPTER 9<br />

PURCHASING<br />

W. Edward Smith<br />

Purchas<strong>in</strong>g is the procurement of equipment, heavy equipment, mach<strong>in</strong>ery, supplies,<br />

commodities, materials and services required for the operation of the various county offices and<br />

departments. The proper acquisition of these items is vital to county government operations.<br />

Procurement of goods and services through purchas<strong>in</strong>g accounts for a significant portion of a<br />

county’s budget. The f<strong>in</strong>ancial aspects of purchas<strong>in</strong>g are of obvious importance. Only with close<br />

and <strong>in</strong>telligent cooperation between the county offices and the purchas<strong>in</strong>g function can proper<br />

f<strong>in</strong>ancial control be effectuated.<br />

Constant changes <strong>in</strong> legislation require county purchas<strong>in</strong>g personnel to monitor the enactment of<br />

new laws carefully to <strong>in</strong>sure the county aga<strong>in</strong>st violations. S<strong>in</strong>ce purchas<strong>in</strong>g personnel cannot<br />

seek legal advice for every transaction <strong>in</strong>to which they enter, they must be able to understand the<br />

basic legal requirements for each transaction and know when to seek legal advice from the<br />

attorney for the board of supervisors.<br />

ESTABLISHMENT OF A CENTRAL PURCHASING SYSTEM<br />

Each county <strong>in</strong> <strong>Mississippi</strong> is required by law (Code, § 31-7-101) to establish and operate a<br />

central purchas<strong>in</strong>g system. The system is adm<strong>in</strong>istered by a county department of purchas<strong>in</strong>g and<br />

headed by a purchase clerk. Unless the board of supervisors assigns the duties of purchase clerk<br />

to the chancery clerk, the purchase clerk is appo<strong>in</strong>ted by the county adm<strong>in</strong>istrator, with the<br />

approval of the board of supervisors, <strong>in</strong> counties required to operate under a county-wide system<br />

of road adm<strong>in</strong>istration (“unit” system). In “beat” system counties, the board of supervisors<br />

appo<strong>in</strong>ts the purchase clerk. The purchase clerk shall not be a member of the board of<br />

supervisors. The purchase clerk may, subject to the approval of the entity which appo<strong>in</strong>ted him,<br />

hire personnel necessary to operate the department of purchas<strong>in</strong>g efficiently. The central<br />

purchas<strong>in</strong>g system must comply with requirements prescribed by the Office of the State Auditor.<br />

Members of the board of supervisors <strong>in</strong> a “unit” county cannot make purchases under any<br />

circumstances. Members of the board of supervisors <strong>in</strong> a “beat” county may make limited<br />

purchases of not more than One Thousand Dollars ($1,000.00) or for the emergency purchase of<br />

parts or repair services which are exempt from bid requirements pursuant to Code, § 31-7-<br />

13(m)(ii) and (iii). Department heads <strong>in</strong> both forms of county government may make limited<br />

purchases of not more than One Thousand Dollars ($1,000.00) without follow<strong>in</strong>g central<br />

purchas<strong>in</strong>g procedures. Such purchases shall require the signature of the supervisor, officer or<br />

authorized designee on the receipt or <strong>in</strong>voice which shall then be forwarded to the purchase<br />

clerk. (Code, §§ 31-7-119 and 31-7-103)<br />

111

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