Serving West Virginia

Helping Enforce State Law

Ear­lier today, on behalf of our client the UE Local 170 West Vir­ginia Pub­lic Work­ers Union, Baker & Brown filed a Man­damus Com­plaint seek­ing a Writ of Man­damus from the Kanawha County Cir­cuit Court that would force long over­due action required of a state agency. Among other things, the requested writ would order the West Vir­ginia Depart­ment of Administration’s Office of Technology’s Chief Tech­nol­ogy Offi­cer, Mr. Kyle Schafer, to sub­mit a “com­pre­hen­sive, statewide, four-​​year strate­gic infor­ma­tion tech­nol­ogy and tech­ni­cal infra­struc­ture pol­icy and devel­op­ment plan” as required by the West Vir­ginia Code. State law required Mr. Schafer to sub­mit a pre­lim­i­nary four year plan to the Gov­er­nor and the Joint Com­mit­tee on Gov­ern­ment and Finance by Decem­ber 1, 2006 and to sub­mit the final com­pre­hen­sive plan by June 1, 2007. Despite this man­date in state law, Mr. Schafer has not filed the plan as of today, August 30, 2010, which makes him more than three years late. State law also requires Mr. Schafer to sub­mit bian­nual reports, which were also appar­ently not completed.

Despite this fail­ure to com­plete a com­pre­hen­sive plan, Mr. Schafer and the Office of Tech­nol­ogy are appar­ently attempt­ing to pri­va­tize state tech­nol­ogy jobs. Baker & Brown’s client, UE Local 170, rep­re­sents hun­dreds of state employ­ees, includ­ing many who work tech­nol­ogy jobs with the state. On behalf of the mem­bers of UE Local 170 and all state employ­ees, Baker & Brown is proud to help enforce state law and ensure that the Office of Tech­nol­ogy ful­fills its legal obligations.