WEST VIRGINIA CODE











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WVC 5A-

CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

WVC -1-

ARTICLE 1. DEPARTMENT OF ADMINISTRATION.







WVC 5 A- 1 - 1

§5A-1-1. Definitions.

     For the purpose of this chapter:

     (1) "Commodities" means supplies, material, equipment and any

other articles or things used by or furnished to a department,

agency or institution of state government.

     (2) "Contract" means an agreement between a state spending

unit and a vendor relating to the procurement of commodities or

services, or both.

     (3) "Debarment" means the exclusion of a vendor from the right

to bid on contracts to sell goods or supply services to the state

or its subdivisions for a specified period of time.

     (4) "Director" means the director of the division referred to

in the heading of the article in which the word appears.

     (5) "Electronic" means electrical, digital, magnetic, optical,

electromagnetic or any other similar technology.

     (6) "Electronic transmission" or "electronically transmitted"

means any process of communication not directly involving the

physical transfer of paper that is suitable for the retention,

retrieval and reproduction of information by the recipient.

     (7) "Expendable commodities" means those commodities which,

when used in the ordinary course of business, will become consumed

or of no market value within the period of one year or less.

     (8) "Grant" means the furnishing of assistance, financial or

otherwise, to any person or entity to support a program authorized by law.

     (9) "Nonprofit workshops" means an establishment: (A) Where

any manufacture or handiwork is carried on; (B) which is operated

either by a public agency or by a cooperative or by a nonprofit

private corporation or nonprofit association in which no part of

the net earnings thereof inures, or may lawfully inure, to the

benefit of any private shareholder or individual; (C) which is

operated for the primary purpose of providing remunerative

employment to blind or severely disabled persons who cannot be

absorbed into the competitive labor market; and (D) which shall be

approved, as evidenced by a certificate of approval, by the State

Board of Vocational Education, Division of Vocational

Rehabilitation.

     (10) "Printing" means printing, binding, ruling,

lithographing, engraving and other similar services.

     (11) "Procurement" means the buying, purchasing, renting,

leasing or otherwise obtaining of commodities or services.

     (12) "Public funds" means funds of any character, including

federal moneys, belonging to or in the custody of any state

spending unit.

     (13) "Record" means information that is inscribed on a

read-only tangible medium or that is stored in an electronic or

other medium and is retrievable in perceivable form.

     (14) "Removable property" means any personal property not permanently affixed to or forming a part of real estate.

     (15) "Request for quotations" means a solicitation for a bid

where cost is the primary factor in determining the award.

     (16) "Responsible bidder" means a vendor who has the

capability to fully perform the contract requirements, and the

integrity and reliability which will assure good-faith performance.

     (17) "Responsive bidder" means a vendor who has submitted a

bid which conforms in all material respects to the bid

solicitation.

     (18) "Secretary" means the Secretary of Administration.

     (19) "Services" means the furnishing of labor, time, expertise

or effort, not involving the delivery of a specific end commodity

or product other than one that may be incidental to the required

performance.

     (20) "Spending officer" means the executive head of a spending

unit, or a person designated by him or her.

     (21) "Spending unit" means a department, bureau, department,

division, office, board commission, authority, agency or

institution of the state government for which an appropriation is

requested of the Governor, or to which an appropriation is made by

the Legislature, unless a specific exemption from this chapter is

provided in this code.

     (22) "The state and its subdivisions" means the State of West

Virginia, every political subdivision thereof, every administrative entity that includes such a subdivision, all municipalities and all

county boards of education.

     (23) "Vendor" means any person or entity that may, through

contract or other means, supply the state or its subdivisions with

commodities or services, and lessors of real property.







WVC 5 A- 1 - 2

§5A-1-2. Department of Administration and Office of Secretary;

secretary; divisions; directors.

(a) The Department of Administration and the Office of

Secretary of Administration are continued in the executive branch

of state government. The secretary is the Chief Executive Officer

of the department and shall be appointed by the Governor, by and

with the advice and consent of the Senate, for a term not exceeding

the term of the Governor.

(b) The Department of Administration may receive federal

funds.

(c) The secretary serves at the will and pleasure of the

Governor. The annual compensation of the secretary shall be as

specified in section two-a, article seven, chapter six of this

code.

(d) There shall be in the Department of Administration a

Finance Division, a General Services Division, an Information

Services and Communications Division, Division of Personnel and a

Purchasing Division. Each division shall be headed by a director

who may also head any and all sections within that division and who

shall be appointed by the secretary.

(e) There shall also be in the Department of Administration

those agencies, boards, commissions and councils specified in

section one, article two, chapter five-f of this code.

(f) The secretary may establish a Fleet Management Office

within the Department of Administration to:

(1) Manage all motor vehicles and aircraft owned or possessed

by the State of West Virginia or any of its departments, divisions,

agencies, bureaus, boards, commissions, offices or authorities:

Provided, That, such vehicles and aircraft shall not be used for

personal purposes, other than for de minimis personal use;

(2) Administer the rules, including emergency rules,

promulgated under the provisions of sections forty-eight and

forty-nine, article three of this chapter; and

(3) Perform any duties relating to motor vehicles and aircraft

owned or possessed by the State of West Virginia assigned by the

secretary, which duties may include those set out in sections fifty

through fifty-three, article three of this chapter.







WVC 5A-1-2a

§5A-1-2a.

Repealed.

Acts, 1990 Reg. Sess., Ch. 2.







WVC 5A-1-2b

§5A-1-2b.

Repealed.

Acts, 1990 Reg. Sess., Ch. 2.







WVC 5A-1-2c

§5A-1-2c.

Repealed.

Acts, 1990 Reg. Sess., Ch. 2.







WVC 5A-1-3

§5A-1-3. Powers and duties of secretary, division heads and

employees.

The secretary shall have control and supervision of the

department of administration and shall be responsible for the work

of each of its employees. The secretary shall have such power and

authority as specified in section two, article two, chapter five-f

of this code. The secretary shall also have the authority to

employ such assistants and attorneys as may be necessary for the

efficient operation of the department. The secretary, the division

heads and the employees of the department shall perform the duties

herein specified and shall also perform such other duties as the

governor may prescribe.







WVC 5 A- 1 - 4

§5A-1-4. Council of finance and administration.

(a) The council of finance and administration is hereby

created and shall be composed of eleven members, five of whom shall

serve ex officio and six of whom shall be appointed as herein

provided. The ex officio members shall be the secretary of the

department of administration, the secretary of revenue, the

attorney general or his or her designee, the state treasurer or his

or her designee and the state auditor or his or her designee; such

designees being authorized voting ones. From the membership of the

Legislature, the president of the Senate shall appoint three

senators as members of the council, not more than two of whom shall

be members of the same political party, and the speaker of the

House of Delegates shall appoint three delegates as members of the

council, not more than two of whom shall be members of the same

political party. Members of the council appointed by the president

of the Senate and the speaker of the House of Delegates shall serve

at the will and pleasure of the officer making their appointment.

The secretary of administration shall serve as chairman of the

council. Meetings of the council shall be upon call of the

chairman or a majority of the members thereof. It shall be the

duty of the chairman to call no less than four meetings in each

fiscal year, one in each quarter, or more often as necessary, and

all meetings shall be open to the public. All meetings of the

council shall be held at the capitol building in a suitable

committee room which shall be made available by the Legislature for such purpose: Provided, That the second quarterly meeting in each

fiscal year shall be held in November and shall be a joint meeting

with the joint committee on government and finance of the

Legislature called jointly by the president of the Senate, speaker

of the House of Delegates and secretary of administration.

(b) The council shall serve the department of administration

and the director of the budget in an advisory capacity for purposes

of reviewing the performance of the administrative and fiscal

procedures of the state, including the oversight of all federal

funds, and shall have the following duties:

(1) To advise with the director of the budget in respect to

matters of budgetary intent and efficiency, including the budget

bill and budget document detail and format;

(2) To advise with the secretary and the director of the

budget concerning studies of government and administration

concerning fiscal policy as it considers appropriate;

(3) To advise with the secretary and the director of the

budget in the preparation of studies designed to provide long-term

capital planning and finance for state institutions and agencies;

and

(4) To advise with the secretary and the director of the

budget in respect to the application for, and receipt and

expenditure of, anticipated or unanticipated federal funds.

(c) The appointed, nonex officio members of the council shall

be entitled to receive compensation and reimbursement for expenses in connection with performance of their duties, during interim

periods, if not otherwise receiving the same for identical periods,

as is authorized by the applicable sections of article two-a,

chapter four of the code in respect to performance of duties either

within the state or, if necessary, out of state. Compensation and

expenses shall be incurred and paid only after approval by the

joint committee on government and finance.







WVC 5 A- 1 - 5

§5A-1-5. Reports by secretary.

The secretary shall make an annual report to the governor

concerning the conduct of the department and the administration of

the state finances as they pertain to programs administered by the

department of administration. The secretary shall also make other

reports as the governor may require.







WVC 5A-1-6

§5A-1-6. Oath and bond of secretary; bond required for director of

the purchasing division; bonds for other directors and

employees; cost of bonds.

The secretary, before entering upon the duties of his office,

shall take and subscribe to the oath prescribed by Section 5,

Article IV of the constitution of West Virginia. Notwithstanding

any other provisions to the contrary, the secretary shall execute

a bond in the penalty of one hundred thousand dollars, payable to

the state of West Virginia, with a corporate bonding or surety

company authorized to do business in this state as surety thereon,

approved by the governor, in form prescribed by the attorney

general and conditioned upon the faithful performance of his duties

and the accounting for all money and property coming into his hands

by virtue of his office. The oath and bond shall be filed with the

secretary of state.

The director of the purchasing division shall execute a bond

in the penalty of one hundred thousand dollars and any person

employed as a state buyer in accordance with article three of this

chapter shall execute a bond in the penalty of fifty thousand

dollars, payable to the state of West Virginia, with a corporate

bonding or surety company authorized to do business in this state

as surety thereon, approved by the governor, in form prescribed by

the attorney general and conditioned upon the faithful performance

of his duties under the provisions of this chapter and all rules

and regulations promulgated pursuant to such chapter and the accounting for all money and property coming into his hands by

virtue of his office or position. The bonds shall be filed with

the secretary of state. In lieu of separate bonds for state

buyers, a blanket surety bond may be obtained. The other division

directors and all other employees of the department shall be

covered by bonds in cases where the secretary thinks it necessary,

which bonds shall be in the penalty prescribed by the secretary and

shall be filed with the secretary of state.

The cost of all such surety bonds shall be paid from funds

appropriated to the department of administration.







WVC 5A-1-7

§5A-1-7. Delegation of powers and duties by secretary.

The powers and duties vested in the secretary may be delegated

by him to his assistants and employees, but the secretary shall be

responsible for all official acts of the department.







WVC 5A-1-8

§5A-1-8. Right of appeal from interference with functioning of

agency.

Upon occasion of a showing that the application of the

authority vested under the provisions of this chapter may interfere

with the successful functioning of any department, institution or

agency of the government, such department, institution or agency

may have the right of appeal to the governor for review of the case

and the decision or conclusion of the governor shall govern in such

cases.







WVC 5A-1-9

§5A-1-9. Reporting of state assets held to secretary and state

treasurer.

On or before the first day of July, one thousand nine hundred

ninety, the secretary of administration shall, pursuant to chapter

twenty-nine-a of this code, promulgate rules requiring any and all

banks, savings and loans or other financial institutions in

possession of property or other assets belonging to the state of

West Virginia to report on at least an annual basis, to the

secretary and state treasurer, the nature and value of said

property.







WVC 5 A- 1 - 10

§5A-1-10. General procurement provisions for state spending units.

     (a) Unless this code specifically provides to the contrary,

all spending units, whenever possible, shall base purchases for

commodities and services on a competitive process and utilize

available statewide contracts.

     (b) The secretary shall issue a notice to cease and desist to

any spending unit when the secretary has credible evidence that a

spending unit has failed, whenever possible, to purchase

commodities and services on a competitive basis or to use available

statewide contracts. Failure to abide by such notice may result in

penalties set forth in section seventeen, article three of this

chapter.







WVC 5 A- 1 - 11

§5A-1-11. State Americans with disabilities coordinator.

     (a) There is continued within the Department of Administration

the position of the State Americans with Disabilities Coordinator,

who shall be appointed by the Secretary of the Department of

Administration with input from the chairperson from each of the

following four councils:

     (1) The Developmental Disabilities Council;

     (2) The Statewide Independent Living Council;

     (3) The Mental Health Planning Council; and

     (4) The State Rehabilitation Council.

     (b) The coordinator shall be a full-time employee, and shall

have an in-depth working knowledge of the challenges facing persons

with disabilities. The coordinator may be a current employee of the

Department of Administration or other state agency employee.

     (c) The coordinator shall:

     (1) Advise the Director of Personnel in the development of

comprehensive policies and programs for the development,

implementation and monitoring of a statewide program to assure

compliance with 42 U.S.C. §12101, et seq., the federal Americans

with Disabilities Act;

     (2) Assist in the formulation of rules and standards relating

to the review, investigation and resolution of complaints of

discrimination in employment, education, housing and public

accommodation;

     (3) Consult and collaborate with state and federal agency

officials in the state plan development;

     (4) Consult and collaborate with agency Americans with disabilities officers on the appropriate training for managers and

supervisors on regulations and issues;

     (5) Represent the state on local, state and national

committees and panels related to Americans with disabilities;

     (6) Advise the Governor and agency heads on Americans with

disabilities issues;

     (7) Consult with state equal employment opportunity officers

on the hiring of persons with disabilities; and

     (8) Be available to inspect and advise the leasing section of

the Division of Purchasing on all physical properties owned or

leased by the State of West Virginia for compliance with 42 U.S.C.

§12101, et seq., the federal Americans with Disabilities Act.

     (d) (1) The Secretary of the Department of Administration may

assess, charge and collect fees from each state spending unit which

utilizes the services of the coordinator, for the direct costs and

expenses incurred by the coordinator in providing those services.

Costs and expenses include travel, materials, equipment and

supplies. Moneys shall be collected through the Division of

Finance.

     (2) A state spending unit shall agree in writing to all costs

and expenses before the services by the Americans with Disabilities

coordinator are rendered.

     (e) There is continued in the Department of Administration a

special fund to be named the "Americans with Disabilities

Coordinator Fund", which shall be an interest-bearing account and

may be invested in accordance with the provisions of article six,

chapter twelve of this code, with the interest income a proper credit to the fund. Funds paid into the account may be derived

from the following sources:

     (1) All moneys received from state spending units for the

costs and expenses incurred by the state Americans with

Disabilities Coordinator for providing services related to the

state's implementation and compliance with 42 U.S.C. §12101, et

seq., the federal Americans with Disabilities Act;

     (2) Any gifts, grants, bequests, transfers or donations which

may be received from any governmental entity or unit or any person,

firm, foundation or corporation; and

     (3) All interest or return on investment accruing to the fund.

     (f) Moneys in the fund are to be used for the costs and

expenses incurred pursuant to this section. Any balance including

accrued interest in this special fund at the end of any fiscal year

shall not revert to the General Revenue Fund, but shall remain in

the fund for use by the Secretary of the Department of

Administration for providing additional Americans with Disabilities

Coordinator services within the State of West Virginia in the

ensuing fiscal years.

     (g) The Secretary of the Department of Administration shall

report annually on the fund to the Governor, President of the

Senate and Speaker of the House of Delegates. The report must be

on CD ROM or other electronic media and shall not be in print

format.





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

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