2016 Delaware Code
Title 29 - State Government
CHAPTER 63A. OFFICE OF MANAGEMENT AND BUDGET
§ 6303A. General powers and duties.

The Director of the Office of Management and Budget shall have the following powers, duties and functions:

(1) To audit, inspect and examine the accounts and the affairs of and the records of any agency of this State at such times as deemed expedient for the supervision of the budget and shall require all agencies to submit estimates showing the amounts and purposes of all anticipated expenditures to be made at the time or period in which such expenditures are to be made by an agency; such estimates of anticipated expenditures to be submitted in such form as the Director may prescribe;

(2) To require such fiscal reports, statements of balances on hand, estimates of receipts and information in any manner pertinent to the fiscal affairs of this State from the Secretary of Finance, Auditor of Accounts or any other agency of the State in such form as the Director shall prescribe for the purposes of this chapter;

(3) To design and install in any agency of this State such accounting records and procedures as shall be adequate for the control of the fiscal affairs of this State and require any agency of this State to follow and comply with the accounting procedures so designed;

(4) To report to the General Assembly and the Attorney General in writing any irregular, illegal or improper financial administration or transaction;

(5) To make recommendations to the General Assembly concerning the control of all state property and of accounts receivable and concerning a system of recording and accounting for the improvement and control of the fiscal practices and the adoption of a fiscal policy by the State;

(6) To consider and approve or disapprove transfers between appropriations contained in the budget as defined in this chapter and for which purpose it is provided that such transfers shall become effective only upon approval of the Director;

(7) To authorize, with the concurrence of the Controller General, special funds that are deemed necessary while the General Assembly is not in session, and until such time as legislation may be introduced at the next session of the General Assembly and acted upon;

(8) To prepare and administer the State's program of public works and major capital improvement projects;

(9) To prepare, and from time to time revise, an inventory listing the State's real property and facilities of all kinds;

(10) To supervise, direct and account for the administration and operation of the Office, its divisions, subdivisions, offices, functions and employees;

(11) To appoint and fix the salary of, with the written approval of the Governor, the following administrators, who may be removed from office by the Director with the written approval of the Governor and who shall have such powers, duties and functions in the administration and operation of the Office as may be assigned by the Director:

a. A Management Services Administrator who shall be qualified by training and experience to perform the duties of the office.

b. A Facilities Management Administrator who shall be qualified by training and experience to perform the duties of the office.

c. A Government Support Services Administrator who shall be qualified by training and experience to perform the duties of the office.

d. A Human Resource Management Administrator who shall be qualified by training and experience to perform the duties of the office.

e. A Benefits and Insurance Administrator who shall be qualified by training and experience to perform the duties of the office.

f. An Administrator of Budget Development, Planning and Administration who shall be qualified by training and experience to perform the duties of the office.

(12) To appoint such additional personnel as may be necessary for the administration and operation of the Office within such limitations as may be imposed by law;

(13) To establish, consolidate or abolish such divisions, subdivisions and offices within the Office or transfer or combine the powers, duties and functions of the divisions and other groups within the Office, with the written approval of the Governor, as may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;

(14) To make and enter into any and all contracts, agreements or stipulations, to retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever they shall be deemed by the Director necessary or desirable in the performance of the functions of the Office and whenever funds shall be available for such purpose, with the specific requirement that all necessary legal services be provided pursuant to Chapter 25 of this title;

(15) To delegate any of the Director's powers, duties or functions to an individual in paragraph (11) of this section, except the power to remove employees of the Department or to fix their compensation;

(16) To establish and to promulgate such rules and regulations governing the administration and operation of the Office as may be deemed necessary by the Director and which are not inconsistent with the laws of this State;

(17) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Office;

(18) To adopt an official seal or seals for the Office;

(19) To accept and to receive, in furtherance of the Office's function, funds, grants and services from the federal government or its agencies;

(20) To assume such other powers, duties and functions as the Governor may assign which are not otherwise inconsistent with the laws of this State;

(21) To prepare, in cooperation with the division directors, a proposed budget for the operation of the Office, to be submitted for the consideration of the Governor and the General Assembly. The Office shall be operated within the limitation of the annual appropriation and any other funds appropriated by the General Assembly, with the provision that special funds may be used in accordance with approved programs, grants and appropriations;

(22) To administer and manage a statewide human resource information system, and upon implementation, serve as the administrator of all data and processes supported by the system throughout the State, including all government agencies, school districts, Delaware State University and Delaware Technical and Community College; and

(23) To be responsible for the clerical administration of all state pension funds. The Director of the Office of Management and Budget shall have the authority to recommend to the Governor such changes as may be desirable in the pension system for employees in the classified service.

75 Del. Laws, c. 88, § 4.;