Legislative Auditor’s Office #
Performance Evaluation & Research Division #
Website #
Mission Statement #
“It is our mission to provide useful information to the Legislature for legislative decision-making and hold state government accountable for its performance by:
- “measuring the performance of state agencies by measuring outputs, outcomes, compliance and impact in relation to the purpose for which they were created;
- “determining whether there is still a need for an agency or program;
- “measuring the impact of agencies on citizens of the state; and
- “reporting findings and recommendations to the Legislature in a concise and timely manner” (official website).
Most Recent Reports #
Available here.
Reports Recommended by Agency #
- Division of Personnel, September 2022
- The Performance Evaluation and Research Division (PERD) found that the State of West Virginia’s fiscal year 2022 executive budget included funding for thousands of vacant positions, many of which had been vacant for several years with no evidence that agencies were actively trying to fill them. In FY 2022, State General Fund appropriations totaling over $101 million were used to budget for nearly 2,300 vacant positions. Of this amount, $13.4 million was used for 291 budgeted vacant positions with vacancy dates from 2014 to 2018. It was also found that much of the vacancy appropriations were used for other expenditures other than to fill vacant position. It was recommended that the Legislature consider prohibiting State General Fund appropriations for positions that have been vacant longer than a certain length of time such as three or four years. PERD also recommended that the Legislature consider requiring some accountability of state agencies in budgeting for vacant positions, such as separate reporting of vacant positions including the date in which vacant positions became vacant, the associated salaries and benefits, an explanation for why positions have been vacant for considerable lengths of time, the likelihood that positions will be filled, and a justification statement as to why the Legislature should fund the requested vacant positions. The Legislature made some unsuccessful attempts to implement the reports recommendations. It is possible that the recommendations will be revisited.
- The Performance Evaluation and Research Division (PERD) found that the State of West Virginia’s fiscal year 2022 executive budget included funding for thousands of vacant positions, many of which had been vacant for several years with no evidence that agencies were actively trying to fill them. In FY 2022, State General Fund appropriations totaling over $101 million were used to budget for nearly 2,300 vacant positions. Of this amount, $13.4 million was used for 291 budgeted vacant positions with vacancy dates from 2014 to 2018. It was also found that much of the vacancy appropriations were used for other expenditures other than to fill vacant position. It was recommended that the Legislature consider prohibiting State General Fund appropriations for positions that have been vacant longer than a certain length of time such as three or four years. PERD also recommended that the Legislature consider requiring some accountability of state agencies in budgeting for vacant positions, such as separate reporting of vacant positions including the date in which vacant positions became vacant, the associated salaries and benefits, an explanation for why positions have been vacant for considerable lengths of time, the likelihood that positions will be filled, and a justification statement as to why the Legislature should fund the requested vacant positions. The Legislature made some unsuccessful attempts to implement the reports recommendations. It is possible that the recommendations will be revisited.
- Special Report: Review of the State’s Laboratory Facilities – State Laboratory Testing Facilities’ Needs and Issues Are at Critical Points, January 2022
- The Performance Evaluation and Research Division (PERD), within the Office of the Legislative Auditor, was directed to examine the current conditions of the State’s laboratory facilities, determine the needs and concerns of the labs, and determine the best option to address the concerns, including the viability of consolidating state agency laboratories into a single facility or co-locating them on one site. PERD toured several state laboratory facilities and found that nearly all of them are in facilities dating back to the middle of the last century. Not only are they relatively old, but many were not constructed for lab testing purposes and they do not have sufficient lab space. The lack of space and upgrades has made it difficult to maintain scientific standards under each laboratory’s accreditation. PERD recommended a few options to the Legislature, but the best option was to optimize the use of a regional technology park, which the State already owns, for co-locating some state labs. During the 2023 legislative session, the Legislature passed House Bill 2024 that appropriated $125,000,000 to be used for the construction of a consolidated laboratory facility for the West Virginia State Police, Department of Agriculture and the Department of Health and Human Resources.
- Office of the Chief Medical Examiner (Letter Report), Nov. 2021
- During a review of the State’s laboratories, the Performance Evaluation and Research Division (PERD) found that the Office of the Chief Medical Examiner (OCME) was retaining 248 unidentified and unclaimed decedents in frozen storage and as cremated remains dating back to the 1970s. This was creating an administrative burden in storage space to keep decedents, to prevent remains from being damaged, and to maintain their dignity while being stored. PERD found that the OCME did not have statutory authority to dispose of the remains. We recommended that the Legislature amend West Virginia Code to authorize the agency to establish methods for the disposition of unidentified and unclaimed remains including those that are cremated. PERD suggested consideration be given to establishing a “potter’s field” for the burial of the remains. In the following legislative session (2022), the Legislature passed House Bill 4559 that authorized the Office of the Chief Medical Examiner to locate lands suitable for use as a cemetery and granted the OCME the authority to dispose of decedent remains. Also, the Legislature appropriated $250,000 to be used to build a columbarium and to cremate remains.
- During a review of the State’s laboratories, the Performance Evaluation and Research Division (PERD) found that the Office of the Chief Medical Examiner (OCME) was retaining 248 unidentified and unclaimed decedents in frozen storage and as cremated remains dating back to the 1970s. This was creating an administrative burden in storage space to keep decedents, to prevent remains from being damaged, and to maintain their dignity while being stored. PERD found that the OCME did not have statutory authority to dispose of the remains. We recommended that the Legislature amend West Virginia Code to authorize the agency to establish methods for the disposition of unidentified and unclaimed remains including those that are cremated. PERD suggested consideration be given to establishing a “potter’s field” for the burial of the remains. In the following legislative session (2022), the Legislature passed House Bill 4559 that authorized the Office of the Chief Medical Examiner to locate lands suitable for use as a cemetery and granted the OCME the authority to dispose of decedent remains. Also, the Legislature appropriated $250,000 to be used to build a columbarium and to cremate remains.
- Special Report: Regional Education Service Agencies
- The Regional Education Service Agencies (RESA) was a statewide agency created in 1972. It had eight locations within the state to provide educational services to local schools. With the agency being created over 40 years ago, over time it evolved to where it was providing services that it was not mandated to provide, and other agencies were providing similar services. The Performance Evaluation and Research Division (PERD) found substantial duplication and redundancy between RESA and the State’s Department of Education. PERD recommended that RESA be terminated. The West Virginia Legislature passed House Bill 2711 during the 2017 legislative session that dissolved RESA. The termination of the agency saved the State close to $4 million in state general revenue funds.
- The Regional Education Service Agencies (RESA) was a statewide agency created in 1972. It had eight locations within the state to provide educational services to local schools. With the agency being created over 40 years ago, over time it evolved to where it was providing services that it was not mandated to provide, and other agencies were providing similar services. The Performance Evaluation and Research Division (PERD) found substantial duplication and redundancy between RESA and the State’s Department of Education. PERD recommended that RESA be terminated. The West Virginia Legislature passed House Bill 2711 during the 2017 legislative session that dissolved RESA. The termination of the agency saved the State close to $4 million in state general revenue funds.
- General Services Division, Department of Administration, Sept. 2015
- The General Services Division (GSD) is required to have custody and maintain the capitol buildings and buildings under the jurisdiction of the Department of Administration. The GSD maintains 33 properties across the state including the State Capitol Building. The Performance Evaluation and Research Division (PERD) found that several buildings were vacant and uninhabitable for several years, and were in need of major improvements. The GSD stated to the Legislature that budget cuts and decreases in lottery funding were causing it to have difficulties in properly maintaining state facilities. However, PERD found that the main reason the GSD could not adequately maintain its properties was that it had overextended itself in the acquisition of properties beyond what it could maintain financially. The GSD used much of its lottery revenue allocations to purchase buildings instead of repairing buildings it already owned. Several of the buildings acquired also needed major repairs, which added more financial stress. PERD concluded that the GSD had purchased buildings with little regard for the financial implications of the acquisitions and recommended that the Legislature impose a temporary moratorium on the agency from purchasing real property in excess of $1 million until the agency’s financial condition improved. Over the past eight years since the report was issued, the agency has imposed an administrative moratorium that has resulted in no additional properties being purchased, with the exception of one recent property that was slightly above the $1 million threshold.
Post Audit Division #
Website #
Mission Statement #
“The Division is responsible for performing the following duties:
- “To conduct post audits of the revenues and expenditures of the spending units of the state government, at least once every two years, if practicable;
- “To report any misapplication of state funds or erroneous, extravagant or unlawful expenditures by any spending unit; and,
- “To ascertain facts and to make recommendations to the Legislature concerning post audit findings” (official website).
Most Recent Reports #
Available here.
State Auditor’s Office #
Website #
Mission Statement #
“To ensure an efficient, effective, and transparent government” (official website).
Note #
West Virginia does not have an Office of the Inspector General, but the Department of Health & Human Resources has its own. Included in that office are dedicated Ombudsmen for Foster Care and Mental Health.
