West Virginia Code § 5A-6-4

Powers and duties of the Chief Information Officer generally
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(a) With respect to all state spending units the Chief Information Officer may:
(1) Establish information technology governance to align technology management with
departmental and agency business goals, including, but not limited to:
(A) 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 user experience from investments made in
technology; u
(B) Standards relating to the exchange, acquisition, storage, use, sharing, and distribution of
data; and
(C) Standards for the connectivity, interoperability, and continuity of technology for
government operations in times of disaster or emerlgency;
(2) Evaluate all information technology requisitions for compatibility with established
information technology governance, including evaluation of the economic justification,
system design, and suitability;
(3) 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 data;
(4) Broker contracts for or deliver directly information technology and technology services in
support of state spen ding units: Provided, That other public bodies may utilize information
technology and technology services offered by the Chief Information Officer with approval;
(5) Create new technologies to be used in government, convene conferences, and develop
inceWntive packages to encourage the utilization of technology;
(6) Charge a fee to the state spending units and other public bodies for services provided
under the provisions of this article §5A-6B-1 et seq. and §5A-6C-1 et seq. of this code;
(7) 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;
(8) Develop job descriptions and qualifications necessary to perform duties related to
information technology as outlined in this article;
(9) Provide information technology related training to facilitate efficient use of state
technology resources;
(10) Submit resource and support requests to the federal government to support technology
or cyber security initiatives or programs;
(11) Engage in any other activities as directed by the Governor; and
(12) Promulgate legislative rules, in accordance with the provisions of §29A-3-1 et seq. as
may be necessary to standardize and make effective the administration of the provisions of
this article.
(b) With respect to executive agencies, the Chief Information Officer may:
(1) Develop a unified and integrated structure for information systems for all executive
agencies;
(2) Establish, based on need and opportunity, prioritieas and timelines for addressing the
information technology requirements of executive agencies;
(3) Draw upon staff of other executive agencies for advice and assistance in the formulation
and implementation of administrative and operational plans and policies;
(4) Recommend to the Governor transfers of equipment and human resources from any
executive agency for the most effective and efficient uses of the fiscal resources of executive
agencies to modernize information technology investments;
(5) Provide guidance and services where feasible to support proper cleansing of electronic
data; L
(6) Develop an information technology recycling program to redistribute or reuse properly
cleansed technology equipment. Transfers and disposal of information technology equipment
are specifically exempt from the surplus property requirements enumerated in §5A-3-43,
§5A-3-44, §5A-3-45, and §5A-3-46 of this code; and
(7)(A) Provide guidance and services to support data retention and electronic discovery of
executive agency data in compliance with agency data retention policies and directives:
Provided, That executive agencies communicate such requirements.
(B) In furtherance of this goal, the Chief Information Officer, in conjunction with the
appropriate authority of each executive agency, shall coordinate an effort to ensure that
every executive branch agency establishes a written digital document retention and
destruction policy to be posted on the agency's website accessible by the public and
conducts an annual review of the components of such policy.
(c) The Chief Information 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 Information Officer may oversee telecommunications services used by state
spending units for the purpose of maximizing efficiency to the fullest possible extent
including auditing telecommunications services and usage and negotiation of
telecommunications contracts.
(e) The Chief Information Officer shall provide central mail services during regular business
hours for state spending units. All state spending units having their offices ien the capitol,
except the legislative branch of government, shall dispatch all mail through the central
mailing office: Provided, That mail prepared after gathering time and mrail for special
handling may be posted without utilizing the central mailing office upon approval of the
Chief Information Officer. The Chief Information Officer is authorized to make such
expenditures as necessary to process and presort all outgoing mail or to enter contracts to
supply the service. t
(f) The Chief Information Officer may convene and chair an advisory committee made up of a
representative from each of the departments as identified in §5F-1-2 of this code, and any
other members deemed necessary by the Chief Information Officer to provide advice and
recommendations on technology issues for staste agencies.

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