West Virginia Code 5A-8-9 – Duties of agency heads
The head of each agency shall:
Terms Used In West Virginia Code 5A-8-9
- Agency: means any department, office, commission, board, or other unit, however designated, of the executive branch of state government. See West Virginia Code 5A-8-3
- Agency Records Manager: means an employee appointed by the agency's chief executive officer or agency head to manage the agency's records inventory and to act as liaison with the administrator. See West Virginia Code 5A-8-3
- Record: means document, electronic file, book, paper, photograph, sound recording, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official state government business. See West Virginia Code 5A-8-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(a) Establish and maintain an active, continuing program for the economical and efficient management of the records of the agency;
(b) Designate and notify the administrator of an agency records manager to act as a point of contact between the administrator and the agency on issues related to management of the state records within the agency’s control or custody;
(c) Make and maintain records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency designed to furnish information to protect the legal and financial rights of the state and of persons directly affected by the agency’s activities;
(d) Submit to the administrator, in accordance with the standards established by him or her, schedules proposing the length of time each state record series warrants retention for administrative, legal, or fiscal purposes after it has been received by the agency. Each agency records manager also shall submit lists of state records in custody of the agency that are not needed in the transaction of current business and that do not have sufficient administrative, legal, or fiscal value to warrant storage for disposal in conformity with the requirements of § 5A-8-10 of this code;
(e) Designate those records of the agency that are essential state records, at least annually, and report the designated essential state records to the administrator;
(f) Provide for the preservation and safekeeping of essential state records in an appropriate manner;
(g) Cooperate with the administrator in the conduct of surveys made pursuant to the provisions of this article;
(h) Comply with the rules, regulations, standards, and procedures issued by the administrator; and
(i) First obtain the administrator’s written approval before purchasing or acquiring any equipment, technology, or supplies used or to be used to store or preserve records of the agency.