(b) There is created the West Virginia Enterprise Resource Planning Board, whose purpose is to develop, implement and manage the Enterprise Resource Planning System.
(c) The board consists of the Governor, Auditor and the Treasurer, who serve by virtue of their offices and are not entitled to compensation under the provisions of this article.
(1) Adopt and use a common seal and alter it at pleasure;
(2) Sue and be sued;
(3) Enter into contracts and execute and deliver instruments;
(4) Acquire by purchase, gift or otherwise, hold, use and dispose of real and personal property, deeds, mortgages and other instruments;
(5) Accept and receive gifts, grants and other moneys from any source;
(6) Promulgate and enforce by-laws and rules for the management and conduct of its affairs;
(7) Propose legislative rules, including emergency rules, in accordance with article three, chapter twenty-nine-a of this code to establish a user fee for the maintenance of the Enterprise Resource System;
(8) Contract with and retain legal, accounting, financial and information technology managers, advisors and consultants;
(9) Delegate to the committee any and all duties of the board deemed necessary and convenient to effectuate the intent of this article;
(10) Review and ratify or overrule any decision of the steering committee;
(11) Review written appeals submitted by the steering committee chairman at the request of a committee member; and
(12) Do all things necessary or convenient to implement and operate the board and carry out the purposes of this article.
(c) Decisions of the board require unanimous consent of the members.
(d) The board may use the staff, policies and procedures of the State Auditor, employ personnel and contract with any person or entity needed to perform the tasks related to the development, management and operation of the Enterprise Resource Planning System.
(e) The board shall hold meetings at least quarterly. Board by-laws may provide for additional meetings.
(f) All three voting members must be present to constitute a quorum of any meeting.
(g) Meetings of the board are subject to the provisions of article nine-a, chapter six of this code.
(h) The board may convene in executive session, upon adoption of a proper motion by a board member, when necessary to preserve the attorney-client privilege, to protect the privacy interests of individuals, to review personnel matters, to maintain confidentiality when confidentiality is in the best interest of the participants, or as otherwise provided by law.
(b) The steering committee shall annually elect a chairperson to chair the committee.
(c) A steering committee member may appeal any action of the committee to the board by submitting a written request for board review to the steering committee chairperson within ten days of the disputed committee action. The committee chairperson shall forward the appeal to the board. The board shall review appeals at the next regularly scheduled board meeting and shall ratify or overturn the decision of the board in writing. No disputed action of the committee may proceed, if appealed to the board, until ratified or overturned by the board.
(d) The steering committee shall consist of sixteen members,
as follows:
(1) The Secretary of the Department of Administration, the
Secretary of Revenue, the Secretary of Transportation, and the
Secretary of Health and Human Resources. They shall serve by virtue
of their offices, are not entitled to compensation under the
provisions of this article, and are subject to all duties,
responsibilities and requirements of the provisions of this
article;
(2) Five persons appointed by the Governor, three of whom will
be representatives of institutions of Higher Education;
(3) Two persons appointed by the State Auditor;
(4) Two persons appointed by the State Treasurer;
(5) A member of the Senate appointed by the President of the
Senate, who shall be a non-voting member; and
(6) A member of the House of Delegates appointed by the
Speaker of the House, who shall be a non-voting member;
(7) A member who represents public employees, who shall be a
non-voting member.
(e) A member may appoint a designee to serve on his or her
behalf.
(f) A member may serve until his or her appointment is revoked
or until his or her successor is appointed and qualified.
(g) Members are entitled to reasonable and necessary expenses
actually incurred in discharging committee duties pursuant to this
article.
There is hereby created a fund in the State Treasury entitled
the Enterprise Resource Planning System Fund to be administered by
the board. The fund shall consist of any appropriations or
transfers made for the purpose of studying, evaluating, creating,
developing, implementing and managing a new Enterprise Resource
Planning System and any fees collected in accordance with
legislative rules approved by the board and proposed pursuant to
this article. Expenditures from the fund are to be made for the
purposes set forth in this article in accordance with
appropriations by the Legislature and are not authorized from
collections.
The unencumbered balances of all funds allocated to the
enterprise resource planning system for fiscal year ending June 30,
2011, and the fiscal year ending June 30, 2012, are hereby
transferred to the Enterprise Resource Planning System Fund on the
effective date of this section in the year 2011.
Note: WV Code updated with legislation passed through the 2012 1st Special Session
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