MaSSSoftech

RICHMOND

Virginia technology secretary Len Pomata will soon resign as the state's interim chief information officer now that a permanent replacement has been found, Gov. Timothy M. Kaine confirmed Monday.

News of the planned resignation comes after a legal opinion by Attorney General Bill Mims that it is improper for Pomata to serve jointly as technology secretary and as CIO of the Virginia Information Technology Agency.

Pomata took the job without pay following the removal of former CIO Lemuel Stewart Jr. in June.

Stewart had suggested the state withhold $14 million in technology service payments to Northrop Grumman Corp., which has a 10-year, $2.3 billion contract to overhaul state government computer systems. The deal has come under scrutiny in recent months as the company missed key deadlines and state agencies criticized the quality of service.

Pomata may vacate the CIO job as early as Thursday, when the state's Information Technology Investment Board, of which he is a member, is scheduled to meet.

"I have been informed that that search is now over and it is likely that the ITIB will, by formal action, appoint the new CIO within the next few days," Kaine told reporters.

Legislative investigations of the technology deal have been initiated in recent months and several Republican lawmakers have been vocal critics of the VITA. Chesterfield County Republican Del. Sam Nixon asked the attorney general for an opinion on Pomata's multiple roles in the state technology sector.

On Monday, Nixon and other Republicans called on Pomata to resign immediately.

"The attorney general's opinion could not be more clear in its finding that Mr. Pomata's capacity to serve simultaneously in both offices of the Secretary of Technology and CIO 'legally are incompatible,' " said Nixon, who sponsored the 2003 bill that established the CIO position.

Kaine called the recent legal opinion "kind of theoretical."

"By the point at which the opinion was issued, we're on the verge of appointing a new CIO," he said.

"I'm thrilled that Len, in an unpaid capacity, has been willing to take that on. It saves us from having to hire somebody and pay them to be an interim," Kaine added. "And he has done really good work in the interim capacity for two months in terms of starting to deal with some of the VITA management issues that are so important. "

The technology transformation has been behind schedule and so far failed to produce the cost savings expected when the deal began in 2005.

Northrop Grumman has said that it may need to exceed the $236 million annual payment cap it agreed to in order to continue providing technology services.

Company officials have told state officials they are working to complete the technology upgrades and resolve lingering problems. The company has until Aug. 30 to present a plan to fulfill contract terms under a deadline imposed by the state.

An analysis of the deal by the Joint Legislative Audit and Review Commission is expected to be completed by October.

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com