§5A-6-4. Powers and duties of the Chief Technology Officer generally


Published: 2015

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WEST VIRGINIA CODE











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WVC 5 A- 6 - 4

§5A-6-4. Powers and duties of the Chief Technology Officer

generally.

     (a) With respect to all state spending units the Chief

Technology Officer may:

     (1) Develop an organized approach to information resource

management for this state;

     (2) Provide technical assistance to the administrators of the

various state spending units in the design and management of

information systems;

     (3) Evaluate the economic justification, system design and

suitability of information equipment and related services, and

review and make recommendations on the purchase, lease or

acquisition of information equipment and contracts for related

services by the state spending units;

     (4) Develop a mechanism for identifying those instances where

systems of paper forms should be replaced by direct use of

information equipment and those instances where applicable state or

federal standards of accountability demand retention of some paper

processes;

     (5) Develop a mechanism for identifying those instances where

information systems should be linked and information shared, while

providing for appropriate limitations on access and the security of

information;

     (6) Create new technologies to be used in government, convene

conferences and develop incentive packages to encourage the

utilization of technology;

     (7) Engage in any other activities as directed by the Governor;

     (8) Charge a fee to the state spending units for evaluations

performed and technical assistance provided under the provisions of

this section. All fees collected by the Chief Technology Officer

shall be deposited in a special account in the State Treasury to be

known as the Chief Technology Officer Administration Fund.

Expenditures from the fund shall be made by the Chief Technology

Officer for the purposes set forth in this article and are not

authorized from collections but are to be made only in accordance

with appropriation by the Legislature and in accordance with the

provisions of article three, chapter twelve of this code and upon

the fulfillment of the provisions set forth in article two, chapter

eleven-b of this code: Provided, That the provisions of section

eighteen, article two, chapter eleven-b of this code do not operate

to permit expenditures in excess of the spending authority

authorized by the Legislature. Amounts collected which are found

to exceed the funds needed for purposes set forth in this article

may be transferred to other accounts or funds and redesignated for

other purposes by appropriation of the Legislature;

     (9) Monitor trends and advances in information technology and

technical infrastructure;

     (10) Direct the formulation and promulgation of policies,

guidelines, standards and specifications for the development and

maintenance of information technology and technical infrastructure,

including, but not limited to:

     (A) Standards to support state and local government exchange,

acquisition, storage, use, sharing and distribution of electronic information;

     (B) Standards concerning the development of electronic

transactions, including the use of electronic signatures;

     (C) Standards necessary to support a unified approach to

information technology across the totality of state government,

thereby assuring that the citizens and businesses of the state

receive the greatest possible security, value and convenience from

investments made in technology;

     (D) Guidelines directing the establishment of statewide

standards for the efficient exchange of electronic information and

technology, including technical infrastructure, between the public

and private sectors;

     (E) Technical and data standards for information technology

and related systems to promote efficiency and uniformity;

     (F) Technical and data standards for the connectivity,

priorities and interoperability of technical infrastructure used

for homeland security, public safety and health and systems

reliability necessary to provide continuity of government

operations in times of disaster or emergency for all state, county

and local governmental units; and

     (G) Technical and data standards for the coordinated

development of infrastructure related to deployment of electronic

government services among state, county and local governmental

units;

     (11) Periodically evaluate the feasibility of subcontracting

information technology resources and services, and to subcontract

only those resources that are feasible and beneficial to the state;

     (12) Direct the compilation and maintenance of an inventory of

information technology and technical infrastructure of the state,

including infrastructure and technology of all state, county and

local governmental units, which may include personnel, facilities,

equipment, goods and contracts for service, wireless tower

facilities, geographic information systems and any technical

infrastructure or technology that is used for law enforcement,

homeland security or emergency services;

     (13) Develop job descriptions and qualifications necessary to

perform duties related to information technology as outlined in

this article; and

     (14) Promulgate legislative rules, in accordance with the

provisions of chapter twenty-nine-a of this code, as may be

necessary to standardize and make effective the administration of

the provisions of article six of this chapter.

     (b) With respect to executive agencies, the Chief Technology

Officer may:

     (1) Develop a unified and integrated structure for information

systems for all executive agencies;

     (2) Establish, based on need and opportunity, priorities and

time lines for addressing the information technology requirements

of the various executive agencies of state government;

     (3) Exercise authority delegated by the Governor by executive

order to overrule and supersede decisions made by the

administrators of the various executive agencies of government with

respect to the design and management of information systems and the

purchase, lease or acquisition of information equipment and contracts for related services;

     (4) Draw upon staff of other executive agencies for advice and

assistance in the formulation and implementation of administrative

and operational plans and policies;

     (5) Recommend to the Governor transfers of equipment and human

resources from any executive agency and the most effective and

efficient uses of the fiscal resources of executive agencies, to

consolidate or centralize information-processing operations; and

     (6) Ensure information technology equipment is properly

cleansed before disposal or transfer to another agency or

organization, and is responsible for the retirement or transfer of

information technology equipment that may contain confidential or

privileged electronic data. Information technology equipment shall

be cleansed using appropriate and effective methods that are

commensurate with the data, the decommissioning agency and the

planned disposition of the information technology equipment.

Following the cleansing, the Chief Technology Officer may

distribute the information technology equipment for reuse by

another state spending unit, send the information technology

equipment to a state authorized recycler or send the information

technology equipment to a certified information technology

equipment refurbisher. Transfers and disposal of information

technology equipment are specifically exempt from the surplus

property requirements enumerated in sections forty-three through

forty-six, article three of this chapter.

     (c) The Chief Technology Officer may employ the personnel

necessary to carry out the work of the Office of Technology and may approve reimbursement of costs incurred by employees to obtain

education and training.

     (d) The Chief Technology Officer shall develop a

comprehensive, statewide, four-year strategic information

technology and technical infrastructure policy and development plan

to be submitted to the Governor and the Joint Committee on

Government and Finance. A preliminary plan shall be submitted by

December 1, 2006, and the final plan shall be submitted by June 1,

2007. The plan shall include, but not be limited to:

     (A) A discussion of specific projects to implement the plan;

     (B) A discussion of the acquisition, management and use of

information technology by state agencies;

     (C) A discussion of connectivity, priorities and

interoperability of the state's technical infrastructure with the

technical infrastructure of political subdivisions and encouraging

the coordinated development of facilities and services regarding

homeland security, law enforcement and emergency services to

provide for the continuity of government operations in times of

disaster or emergency;

     (D) A discussion identifying potential market demand areas in

which expanded resources and technical infrastructure may be

expected;

     (E) A discussion of technical infrastructure as it relates to

higher education and health;

     (F) A discussion of the use of public-private partnerships in

the development of technical infrastructure and technology

services; and

     (G) A discussion of coordinated initiatives in website

architecture and technical infrastructure to modernize and improve

government to citizen services, government to business services,

government-to-government relations and internal efficiency and

effectiveness of services, including a discussion of common

technical data standards and common portals to be utilized by

state, county and local governmental units.

     (e) The Chief Technology Officer shall oversee

telecommunications services used by state spending units for the

purpose of maximizing efficiency to the fullest possible extent.

The Chief Technology Officer shall establish microwave or other

networks and LATA hops; audit telecommunications services and

usage; recommend and develop strategies for the discontinuance of

obsolete or excessive utilization; participate in the renegotiation

of telecommunications contracts; and encourage the use of

technology and take other actions necessary to provide the greatest

value to the state.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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