Agency: Administrative Services

Line Item: Executive Director

Function

The Executive Director's Office (EDO) provides financial management, strategic planning, organizational development, internal auditing, and public relations for the Department of Administrative Services. While the client base for most state agencies is taxpayers, the primary customers for the Department of Administrative Services are other state agencies. The director helps coordinate inter-agency cooperation on issues such as fleet consolidation, archival procedures, and purchasing guidelines.

The auditing staff within EDO provides information that is valuable not only to the director, but also to the Legislature and its staff.

Statutory Authority

The following laws govern operation of the EDO:

• UCA 63A is the 'Utah Administrative Services Code'
• UCA 63A-1-105 requires the governor to appoint the executive director with the consent of the Senate
• UCA 63A-1-105.5 gives the executive director rulemaking authority
• UCA 63A-1-106 allows the executive director to accept federal funds and bind the state to the terms of federal assistance
• UCA 63A-1-107 requires the executive director to provide administrative support to the State Building Board and State Building Ownership Authority
• UCA 63A-1-111 requires each division of DAS to formulate annual service plans describing services to be rendered, methods of providing those services, standards of performance, and performance measures used to gauge compliance with those standards. A copy must be sent to each customer agency before the beginning of each fiscal year
• UCA 63A-1-112 prohibits the issuance of certificates of participation for capital projects by the department or any other state agency without prior legislative approval
• UCA 63A-1-114 creates the ISF Rate Committee and requires the executive director or a designee to be a member
• UCA 63A-9-301 requires the executive director or a designee to sit on the Motor Vehicle Review Committee

Intent Language

Under terms of UCA 63-38-8.1(3), the Legislature intends not to lapse Item 35, Chapter 1, or Item 33, Chapter 371, Laws of Utah 2007. Expenditure of these funds is limited to: Current Expenses - $40,000; Child Welfare Parental Defense Contracting - $25,000.

Funding Detail

In FY 2006 the line item received an additional $125,000 General Fund from the transfer of the Office of Child Welfare Parental Defense (thus closing the office) to the EDO for contract oversight.

In FY 2007 two significant changes occurred in the Executive Director's Office. First, the creation of the Department of Human Resource Management (DHRM) internal service fund resulted in a transfer of three FTE from the EDO to DHRM. Second, the loss of Division of Information Technology Services (ITS) to the new Department of Technology Services resulted in a loss of dedicated credits revenue. With ITS (the largest ISF in the department) moving to another department, the EDO will no longer oversee its operations nor collect the administrative fees.

Program: Executive Director

Function

This program covers all aspects of the Executive Director's Office except oversight of the Child Welfare Parental Defense contract, which was transferred to the EDO in FY 2006.

Funding Detail

Declines in the FY 2007 appropriated budget are the result of losing three FTE and losing dedicated credits revenue for ISF administration.

Program: Parental Defense

Function

House Bill 268 (2004 General Session) created the Office of Child Welfare Parental Defense and transferred ongoing funds from the Department of Human Services to the Child Welfare Parental Defense Fund line item.

During the 2005 Session the Legislature opted to outsource the services formerly provided by this program and redirect the program's budget to the DAS Executive Director's Office for the purpose of overseeing the contract.

The office contracts with licensed attorneys to represent indigent parents and assists those attorneys in fulfilling their duties. The purpose is to strengthen the role of the parents' attorney in juvenile court and to assist with family reunification. Typically, parents are under-represented in child custody hearings.

Statutory Authority

The following statutes govern operation of the office:

UCA 63A-11-103 creates within the Department of Administrative Services the Office of Child Welfare Parental Defense

UCA 63A-11-104 requires the DAS executive director appoint an attorney as office director. However, if the DAS executive director does not appoint an office director, he/she becomes the office director.

UCA 63A-11-105 gives the office the following duties:

• Provide assistance and advice to parental defense attorneys
• Develop and provide education and training programs to parental defense attorneys
• Provide information and advice to help parental defense attorneys meet their professional, contractual, and ethical duties

UCA 63A-11-106 requires the director to report by October 1st each year to the governor and Child Welfare Legislative Oversight Panel regarding the preceding fiscal year of operations and submit a budget for the upcoming fiscal year.

UCA 63A-11-201 allows the office to contract with a qualified attorney to defend an indigent parent. Payment shall come from the Child Welfare Parental Defense Fund.

UCA 63A-11-202 outlines the duties of a contracted parental defense attorney.

UCA 63A-11-203 creates the nonlapsing Child Welfare Parental Defense Fund.

UCA 63A-11-204 allows counties to annually enter into written agreement with the office to provide for payment of parental defense attorney costs out of the fund.

Funding Detail