2013 Vermont Statutes
Title 03 Executive
Chapter 45 ADMINISTRATION
§ 2222 Powers and duties; budget and report

2222. Powers and duties; budget and report

(a) In addition to the duties expressly set forth elsewhere by law, the Secretary shall:

(1) As principal administrative aide to the Governor, plan, organize, direct, control, integrate, coordinate, and supervise all functions and programs of the Agency and its departments and divisions.

(2) With the approval of the Governor, issue general policy statements and general rules and regulations applicable to the executive branch of the state government to implement executive orders or legislative mandate.

(3) Upon request, advise the Governor and the legislature on all matters relating to general administration.

(4) Have access to and the right to copy any records of all executive and administrative departments, except tax returns, other tax return information, and other information which by law is confidential.

(5) Have access to and the right to inspect all lands, buildings, and installations owned or leased by the state, under such regulations as the Governor may approve.

(6) Be responsible for the internal budgeting, accounting, procurement, filing, and related management functions for the Agency through facilities as the Secretary shall designate or establish, subject to the provisions of this title.

(7) Subject to chapter 13 of this title relating to classification, and other provisions of law, exercise all functions pertaining to appointment, fixing of compensation, transfer, promotion, demotion, suspension, or dismissal of persons to or from offices and positions in the Agency of Administration.

(8) When so requested by the General Assembly, make a biennial report to the General Assembly of all principal matters pertaining to the operation of the Agency of Administration and its departments and divisions.

(9) Submit to the General Assembly concurrent with the Governor's annual budget request required under 32 V.S.A. 306, a strategic plan for information technology and information security which outlines the significant deviations from the previous year's plan, and which details the plans for information technology activities of state government for the following fiscal year as well as the administration's financing recommendations for these activities. For purposes of this section, "information security" shall mean protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide integrity, confidentiality, and availability. All such plans shall be reviewed and approved by the State Chief Information Officer prior to being included in the Governor's annual budget request. The plan shall identify the proposed sources of funds for each project identified. The plan shall also contain a review of the State's information technology and information security and an identification of priority projects by agency. The plan shall include, for any proposed information technology activity with a cost in excess of $100,000.00:

(A) a life-cycle costs analysis including planning, purchase, and development of applications, the purchase of hardware, and the ongoing operation and maintenance costs to be incurred over the expected life of the systems; and a cost-benefit analysis which shall include acquisition costs as well as operational and maintenance costs over the expected life of the system;

(B) the cost savings and any service delivery improvements, or both, which will accrue to the public or to state government;

(C) a statement identifying any impact of the proposed new computer system on the privacy or disclosure of individually identifiable information;

(D) a statement identifying costs and issues related to public access to nonconfidential information;

(E) a statewide budget for all information technology activities with a cost in excess of $100,000.00.

(10) The Secretary shall annually submit to the General Assembly a five-year information technology and information security plan which indicates the anticipated information technology activities of the Executive Branch of State government. For purposes of this section, "information technology activities" shall mean:

(A) the creation, collection, processing, storage, management, transmission, or conversion of electronic data, documents, or records;

(B) the design, construction, purchase, installation, maintenance, or operation of systems, including hardware, software, and services which perform or are contracted under Administrative Bulletin 3.5 to perform these activities.

(b) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency. He or she shall prepare and submit to the Governor an annual budget.

(c) The Secretary shall compile, weekly, a list of all public hearings and meetings scheduled by all executive branch state agencies, departments, boards, or commissions during the next ensuing week. The list shall be distributed to any person in the State at that person's request. Each executive branch state agency, department, board, or commission shall notify the Secretary of all public hearings and meetings to be held and any cancellations of such hearings or meetings.

(d) With the approval of the Governor, or upon his or her request, the Secretary of Administration, or his or her agent, shall undertake a full and complete management audit of the accounts and activities of any state agency, commission, or state-created authority of any kind. Any such agency, commission, or state-created authority shall make available all books, records, accounts, documents, and other material requested by the Secretary of Administration, or his or her agent, for such purpose.

(e) The Secretary of Administration is authorized to arrange staff and technical support for studies or investigative committees appointed by the Governor.

(f) The Secretary of Administration may extend the benefits of the collective bargaining agreement as necessary or appropriate to State employees who are not members of any bargaining unit, and may offer additional benefits the cost of which shall be paid by the employee.

(g)(1) The Secretary of Administration shall obtain independent expert review of any recommendation for any information technology activity initiated after July 1, 1996, as information technology activity is defined by subdivision (a)(10) of this section, when its total cost is $1,000,000.00 or greater or when required by the State Chief Information Officer. Documentation of this independent review shall be included when plans are submitted for review pursuant to subdivisions (a)(9) and (10) of this section. The independent review shall include:

(A) an acquisition cost assessment;

(B) a technology architecture review;

(C) an implementation plan assessment;

(D) a cost analysis and a model for benefit analysis;

(E) a procurement negotiation advisory services contract; and

(F) an impact analysis on net operating costs for the Agency carrying out the activity.

(2) The Secretary of Administration may assess the costs of any review to the entity making the information technology recommendations.

(h) Notwithstanding the provisions of chapter 13 of this title, the Secretary of Administration, with the approval of the Governor, may authorize alternative salary compensation plans for managerial employees, either as a whole, or within specific occupations and categories as determined by the Secretary. Such alternative salary provisions may implement provisions for minimum and maximum ranges, promotional rates, and merit pay for performance provisions, pay banding, and other features of compensation determined in the best interests of the State, provided that individual employees may not receive adjustments which exceed the rates of adjustment available to classified employees under the collective bargaining unit.

(i) The Secretary of Administration is authorized to transfer vacant positions throughout the executive branch of state government, and to adjust appropriations in the executive branch in accordance with the Secretary's statewide vacancy savings plan that reflects realistic savings due to vacant positions. Such appropriation adjustments shall result in no change to the total statewide legislative appropriations to the executive branch. This authority is separate from the Secretary's authority provided in 32 V.S.A. 706. (Added 1971, No. 92, 4(b), (c), eff. June 1, 1971; amended 1973, No. 60, 2, eff. May 13, 1973; 1977, No. 146 (Adj. Sess.), 5; 1979, No. 205 (Adj. Sess.), 136, eff. May 9, 1980; 1987, No. 243 (Adj. Sess.), 12, eff. June 13, 1988; 1989, No. 67, 19; 1989, No. 277 (Adj. Sess.), 17a; 1993, No. 207 (Adj. Sess.), 2, eff. June 17, 1994; 1995, No. 63, 18a, eff. May 4, 1995; 1995, No. 63, 18b; 1995, No. 177 (Adj. Sess.), 9; 1995, No. 178 (Adj. Sess.), 420, eff. May 22, 1996; 1995, No. 185 (Adj. Sess.), 44, 45, eff. May 22, 1996; 1997, No. 66 (Adj. Sess.), 67, eff. Feb. 20, 1998; 1999, No. 29, 60, eff. May 19, 1999; 2001, No. 142 (Adj. Sess.), 302a; 2003, No. 31, 2; 2005, No. 203 (Adj. Sess.), 3, eff. May 30, 2006; 2007, No. 206 (Adj. Sess.), 7; 2009, No. 33, 6; 2009, No. 156 (Adj. Sess.), E.100.1, eff. June 3, 2010; 2011, No. 109 (Adj. Sess.), 5, eff. May 8, 2012; 2011, No. 162 (Adj. Sess.), E.101.1; 2013, No. 1, 73; 2013, No. 50, E.100.2.)