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2015 Delaware Code
Title 29 - State Government
CHAPTER 90C. DEPARTMENT OF TECHNOLOGY AND INFORMATION
Subchapter I General Provisions
- § 9001C Intent and purpose.
- The General Assembly finds and declares that the way it manages information technology will play a strong role in determining the future success of the State. Information technology resources in state government are valuable strategic assets belonging to the citizens of Delaware and must be managed accordingly. The development and implementation of a single, common, statewide technology direction is fundamental to every aspect of state government including strengthening economic development, expanding education opportunities and providing the most efficient delivery of services to the citizens of Delaware. The General Assembly further finds and declares that the creation of a new Department will best support the State in this endeavor to unify its technology strategy while identifying those solutions which will best improve service delivery to the citizens of Delaware. 73 Del. Laws, c. 86, § 1; 74 Del. Laws, c. 128, § 11.; § 9002C Establishment of the Department of Technology and Information. A Department of Technology and Information is established to replace the Office of Information Services within the Executive Department, and shall have the powers, duties and functions vested in the Department by this chapter. 73 Del. Laws, c. 86, § 1; 74 Del. Laws, c. 128, § 11.; § 9003C Definitions. For the purposes of this chapter: (1) "CIO" means Chief Information Officer of the State. (2) "Council" means Technology Investment Council. (3) "Department" means the Department of Technology and Information. (4) "State" means State of Delaware. (5) "Technology" means computing and telecommunications systems, their supporting infrastructure and interconnectivity used to acquire, transport, process, analyze, store and disseminate information or data electronically. The term "technology" includes systems and equipment associated with e-government and Internet initiatives. 73 Del. Laws, c. 86, § 1; 74 Del. Laws, c. 128, § 11.; § 9004C General p
- § 9002C Establishment of the Department of Technology and Information.
- A Department of Technology and Information is established to replace the Office of Information Services within the Executive Department, and shall have the powers, duties and functions vested in the Department by this chapter. 73 Del. Laws, c. 86, § 1; 74 Del. Laws, c. 128, § 11.; § 9003C Definitions. For the purposes of this chapter: (1) "CIO" means Chief Information Officer of the State. (2) "Council" means Technology Investment Council. (3) "Department" means the Department of Technology and Information. (4) "State" means State of Delaware. (5) "Technology" means computing and telecommunications systems, their supporting infrastructure and interconnectivity used to acquire, transport, process, analyze, store and disseminate information or data electronically. The term "technology" includes systems and equipment associated with e-government and Internet initiatives. 73 Del. Laws, c. 86, § 1; 74 Del. Laws, c. 128, § 11.; § 9004C General powers, duties and functions of the Department. The Department, with the approval of the CIO, may enter into contracts with private entities to perform any of its enumerated duties that can be more efficiently performed in such manner. In addition, the Department of Technology and Information shall have the following powers, duties and functions: (1) The powers and duties described in § 9001C; (2) Implement statewide and interagency technology solutions, policies, standards and guidelines as recommended by the Technology Investment Council on an ongoing basis and the CIO, including, but not limited to, statewide technology and information architectures, statewide information technology plans, development life cycle methodologies, transport facilities, communications protocols, data and information sharing considerations, the technique of obtaining grants involving the State's informational resources and the overall coordination of information technology efforts undertaken by and between the variou
- § 9003C Definitions.
- For the purposes of this chapter: (1) "CIO" means Chief Information Officer of the State. (2) "Council" means Technology Investment Council. (3) "Department" means the Department of Technology and Information. (4) "State" means State of Delaware. (5) "Technology" means computing and telecommunications systems, their supporting infrastructure and interconnectivity used to acquire, transport, process, analyze, store and disseminate information or data electronically. The term "technology" includes systems and equipment associated with e-government and Internet initiatives. 73 Del. Laws, c. 86, § 1; 74 Del. Laws, c. 128, § 11.; § 9004C General powers, duties and functions of the Department. The Department, with the approval of the CIO, may enter into contracts with private entities to perform any of its enumerated duties that can be more efficiently performed in such manner. In addition, the Department of Technology and Information shall have the following powers, duties and functions: (1) The powers and duties described in § 9001C; (2) Implement statewide and interagency technology solutions, policies, standards and guidelines as recommended by the Technology Investment Council on an ongoing basis and the CIO, including, but not limited to, statewide technology and information architectures, statewide information technology plans, development life cycle methodologies, transport facilities, communications protocols, data and information sharing considerations, the technique of obtaining grants involving the State's informational resources and the overall coordination of information technology efforts undertaken by and between the various State agencies; (3) Provide operations and production support to ensure the efficient and reliable operation of the State's computer and telecommunications network; (4) Provide technical support and assistance to maintain control programs for computer operations, program development, telecommunications netwo
- § 9004C General powers, duties and functions of the Department.
- The Department, with the approval of the CIO, may enter into contracts with private entities to perform any of its enumerated duties that can be more efficiently performed in such manner. In addition, the Department of Technology and Information shall have the following powers, duties and functions: (1) The powers and duties described in § 9001C; (2) Implement statewide and interagency technology solutions, policies, standards and guidelines as recommended by the Technology Investment Council on an ongoing basis and the CIO, including, but not limited to, statewide technology and information architectures, statewide information technology plans, development life cycle methodologies, transport facilities, communications protocols, data and information sharing considerations, the technique of obtaining grants involving the State's informational resources and the overall coordination of information technology efforts undertaken by and between the various State agencies; (3) Provide operations and production support to ensure the efficient and reliable operation of the State's computer and telecommunications network; (4) Provide technical support and assistance to maintain control programs for computer operations, program development, telecommunications network operation and data base management; (5) Evaluate the performance of technology systems and equipment; (6) Provide analytical and programming support to maintain and upgrade existing technology systems, applications and programs; (7) Provide facilities management of certain informational facilities, including certain office-support informational centers; (8) Make studies of all facets of data/voice/image processing, word processing, computer and computer-related telecommunications, voice and radio telecommunications in state government, and systems that may have been or will be installed or are proposed to be installed, and all matters pertaining thereto, including review of systems and equipment installed or
- § 9005C Communications powers, duties and functions.
- (a) To provide for the development of an efficient and reliable communications system for joint use by departments, agencies and subdivisions of state government and effect maximum practical consolidation and joint use of existing and future communications facilities, equipment and services owned or used by the State and generally to obtain maximum practical economies by centralized coordination and budgetary control of all communications functions and activities of state government, the Department of Technology and Information shall: (1) Approve and authorize all state government communications activities in accordance with this subchapter. The management control of and accountability for the use and operation of communications activities shall be a function of the using agency subject to the policies and intent of this subchapter. Expenditure of any funds, regardless of source, for unauthorized communications activities of any kind, by any agency, for any reason, or for communications activities not in compliance with the policies and intent of this subchapter shall be a violation of law punishable under the applicable statutes or regulations; (2) Develop, coordinate, publish and administer a comprehensive state communications plan which shall provide for the maximum practical consolidation and joint use of existing and future communications systems, facilities, equipment and services by state government; (3) Develop, coordinate, publish and administer standards, policies and procedures for identifying, justifying and documenting communications requirements of state government; (4) Develop, coordinate, publish and administer policies and procedures for the use of communications facilities and services by state government; (5) Design, procure, install and maintain or, if appropriate, contract for the design, installation and maintenance of communications systems, facilities, equipment and services for state government in accordance with the determinations directed by this su
- § 9006C Requirements for agency technology projects.
- (a) Within guidelines established by the Department of Technology and Information, no new technology project may be initiated by any department or agency unless covered by a formal project plan approved by the Department or agency head. Such plan will be in the form prescribed by the Chief Information Officer, but shall include in any case: (1) A statement of work to be done, existing work to be modified or displaced; (2) Total cost of system development and conversion effort including, but not limited to, systems analysis and programming costs, establishment of master files, testing, documentation, special equipment costs and all other costs, including full overhead; (3) Savings or added operating costs that will result after conversion; (4) Other advantages or reasons that justify the work; (5) Source of funding of the work, including ongoing costs; (6) Conformance with formal (or abbreviated, where applicable) information systems planning methodologies; (7) Consideration of shared applications and data elements/bases; (8) Consistency with budget submissions and planning components thereof; and (9) Whether or not work is within scope of projects or initiatives envisioned when the current fiscal year budget was approved. (b) No project is to be undertaken which is beyond the scope of work funded by the General Fund or a special fund. This paragraph applies to all telecommunications or computer or computer-related systems development performed by the Department of Technology and Information, a department or agency itself, or an outside contractor, and also applies to new technology programs or systems purchased or otherwise acquired and placed in use. (c) All projects are to be signed by the Chief Information Officer and the concerned department or agency head, or their designees, before work is begun, except such relatively minor feasibility work required to prepare the project. Copies of all projects are to be provided to the Controller General
- § 9007C Chief Information Officer.
- (a) The Administrator of the Department shall be the State's Chief Information Officer. The CIO shall be appointed by the Governor, with the advice and consent of the Senate, shall serve at the pleasure of the Governor, and receive a salary to be determined by the Governor and specified in the annual Operating Budget. (b) In the event of a vacancy in the position of CIO, including the death, resignation, temporary incapacity, or removal of the CIO, and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as acting CIO. 73 Del. Laws, c. 86, § 1; 74 Del. Laws, c. 128, § 11.; § 9008C Powers, duties and functions of the CIO. The following shall be the responsibilities and functions of the CIO: (1) To act as the head administrator of the Department and to ensure that Department carries out all of its statutory duties; (2) To act as the Governor's chief adviser on issues relating to technology; (3) To serve as the Cabinet level executive for both the Department of Technology and Information; (4) To develop partnerships with state agencies in executing agreed upon technology strategies, plans and projects by ensuring the timely delivery of quality technology solutions, products and services on a cost effective basis, including setting and maintaining appropriate standards and managing relationships with, and the performance of, selected third party technology vendors; (5) To build, develop, motivate and retain a high performing team of technology professionals that will enable the State to achieve its technology vision, strategies and specific performance objectives; (6) Supervise, direct and account for the administration and operation of the Department of Technology and Information and its subsections, facilities, functions and employees; (7) Appoint personnel as may be necessary for the administration and operation of the Department of Technology and Information within such limitations as may be impos
- § 9008C Powers, duties and functions of the CIO.
- The following shall be the responsibilities and functions of the CIO: (1) To act as the head administrator of the Department and to ensure that Department carries out all of its statutory duties; (2) To act as the Governor's chief adviser on issues relating to technology; (3) To serve as the Cabinet level executive for both the Department of Technology and Information; (4) To develop partnerships with state agencies in executing agreed upon technology strategies, plans and projects by ensuring the timely delivery of quality technology solutions, products and services on a cost effective basis, including setting and maintaining appropriate standards and managing relationships with, and the performance of, selected third party technology vendors; (5) To build, develop, motivate and retain a high performing team of technology professionals that will enable the State to achieve its technology vision, strategies and specific performance objectives; (6) Supervise, direct and account for the administration and operation of the Department of Technology and Information and its subsections, facilities, functions and employees; (7) Appoint personnel as may be necessary for the administration and operation of the Department of Technology and Information within such limitations as may be imposed by law; (8) Establish, consolidate or abolish such sections within the Department of Technology and Information or transfer or combine the powers, duties and functions of the subsections within the Department of Technology and Information as the Chief Information Officer, with the approval of the Governor, may deem necessary, providing that all powers, duties and functions required and assigned by law to the Department of Technology and Information shall be provided for and maintained; (9) Make and enter into any and all contracts, agreements or stipulations for equipment, facilities and support services, and retain, employ and contract for the services of private and public consult
- § 9009C Budgeting and financing.
- The Chief Information Officer, in compliance with § 9008C(13) of this title, in cooperation with the internal program managers and office administrators, shall prepare a proposed budget for the operation of the Department of Technology and Information to be submitted for the consideration of the Director of the Office of Management and Budget, the Governor and the General Assembly. The Department of Technology and Information shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly. 74 Del. Laws, c. 128, § 11; 75 Del. Laws, c. 88, § 21(13).; § 9010C Exemptions from the merit system. (a) All employees of the Department, including the CIO, shall be exempt from Chapter 59 of this title. (b) The CIO, with the advice of the Human Resources Management Administrator of the Office of Management and Budget, shall create a compensation plan. Implementation of said plan shall be contingent upon approval by the Director of the Office of Management and Budget and Controller General. Any proposed compensation plan within the Department of Technology and Information should be unique to information technology employees working at the Department and consider all factors including areas requiring specialized skill sets and other elements of providing a comprehensive technology service organization consistent with the recommendations of the Information Services Task Force. Such a plan may include competency-based pay, pay-for-performance and other components necessary to recruit and retain highly qualified information technology professionals to the State. 74 Del. Laws, c. 128, § 11; 75 Del. Laws, c. 88, §§ 21(13), 25(2).; § 9011C Transitional provisions. Repealed by 77 Del. Laws, c. 105, § 1, effective July 6, 2009.; § 9012C Information coordination. To assist the Technology Investment Council in fulfilling its duties, each state agency shall name an individual to act as that agency's "in
- § 9010C Exemptions from the merit system.
- (a) All employees of the Department, including the CIO, shall be exempt from Chapter 59 of this title. (b) The CIO, with the advice of the Human Resources Management Administrator of the Office of Management and Budget, shall create a compensation plan. Implementation of said plan shall be contingent upon approval by the Director of the Office of Management and Budget and Controller General. Any proposed compensation plan within the Department of Technology and Information should be unique to information technology employees working at the Department and consider all factors including areas requiring specialized skill sets and other elements of providing a comprehensive technology service organization consistent with the recommendations of the Information Services Task Force. Such a plan may include competency-based pay, pay-for-performance and other components necessary to recruit and retain highly qualified information technology professionals to the State. 74 Del. Laws, c. 128, § 11; 75 Del. Laws, c. 88, §§ 21(13), 25(2).; § 9011C Transitional provisions. Repealed by 77 Del. Laws, c. 105, § 1, effective July 6, 2009.; § 9012C Information coordination. To assist the Technology Investment Council in fulfilling its duties, each state agency shall name an individual to act as that agency's "information resource manager" or "coordinator." It is the intent of this section that such coordinators will act as the primary points of contact for appropriate communications between the Technology Investment Council and the agency. It is further intended that the State General Assembly, the State Judiciary, the State Department of Elections, the State Board of Education, the Office of the State Public Defender, the State Attorney General and other elective offices similarly assign such a coordinator. 73 Del. Laws, c. 86, § 1; 74 Del. Laws, c. 128, § 11.; § 9013C Technology Investment Council. (a) There is hereby established a Technology Investment C
- § 9011C Transitional provisions.
- Repealed by 77 Del. Laws, c. 105, § 1, effective July 6, 2009.; § 9012C Information coordination. To assist the Technology Investment Council in fulfilling its duties, each state agency shall name an individual to act as that agency's "information resource manager" or "coordinator." It is the intent of this section that such coordinators will act as the primary points of contact for appropriate communications between the Technology Investment Council and the agency. It is further intended that the State General Assembly, the State Judiciary, the State Department of Elections, the State Board of Education, the Office of the State Public Defender, the State Attorney General and other elective offices similarly assign such a coordinator. 73 Del. Laws, c. 86, § 1; 74 Del. Laws, c. 128, § 11.; § 9013C Technology Investment Council. (a) There is hereby established a Technology Investment Council hereinafter referred to as the "Council". The Council shall consist of 9 members, appointed by the Governor, as follows: (1) The Chief Information Officer, who shall serve as Chair of the Council; (2) The Chief Justice of the Supreme Court; (3) The Controller General; (4) The Secretary of Education; (5) The Director of the Office of Management or Budget; and (6) Five members selected to serve at the discretion of the Governor. (b) Designees may be recommended by members of the Council and shall be approved by the Governor. (c) The Council shall meet at least quarterly. 73 Del. Laws, c. 217, § 1; 74 Del. Laws, c. 128, § 11; 77 Del. Laws, c. 105, §§ 2, 3.; § 9014C Duties of the Technology Investment Council. The duties of the Council are as follows: (1) Adopt policies and procedures used to develop, review and annually update a statewide technology plan and provide it to the Governor and the Director of the Office of Management and Budget. (2) By October 1, 2001, and each October 1 thereafter, the Council shal
- § 9012C Information coordination.
- § 9013C Technology Investment Council.
- § 9014C Duties of the Technology Investment Council.
- § 9015C Misnomer of Department.
- § 9016C Supremacy.
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