Helping Enforce State Law
by Kevin Baker on August 30th, 2010
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.