§26-5  Department of human resourcesdevelopment.  (a)  The department of human resources development shall beheaded by a single executive to be known as the director of human resourcesdevelopment.

(b)  The department shall administer the statehuman resources program, including human resources development and training,and central human resources services such as recruitment, examination,classification, pay administration, and payment of any claims as required underchapter 386.

(c)  There shall be within the department ofhuman resources development a board to be known as the merit appeals boardwhich shall sit as an appellate body on matters set forth in section 76-14. The board shall consist of three members.  All members shall have knowledge ofpublic employment laws and prior experience with public employment; providedthat at least one member's experience was with an employee organization as amember or an employee of that organization and at least one member's experiencewas with management.  The governor shall consider the names of qualifiedindividuals submitted by employee organizations or management before appointingthe members of the board.  The chairperson of the board shall be designated asspecified in the rules of the board.

(d)  The provisions of section 26-34 shall notapply and the board members shall be appointed by the governor for four-yearterms and may be re-appointed without limitation; provided that the initialappointments shall be for staggered terms, as determined by the governor.  Thegovernor shall fill any vacancy by appointing a new member for a four-yearterm.  The governor may remove for cause any member after due notice and publichearing.

(e)  Nothing in this section shall be construedas in any manner affecting the civil service laws applicable to the severalcounties, the judiciary, or the Hawaii health systems corporation or itsregional system boards, which shall remain the same as if this chapter had notbeen enacted.

(f)  There is established in the state treasurythe human resources development special fund, to be administered by thedepartment of human resources development, which shall consist of: all revenuesreceived by the department as a result of entrepreneurial efforts in securingnew sources of funds not provided for in the department's budget for servicesrendered by the department, all revenues received by the department from thecharging of participant fees for in-service training that are in addition togeneral fund appropriations in the department's budget for developing andoperating in-service training programs, appropriations made by the legislatureto the fund, and moneys directed to the department from any other source,including gifts, grants, and awards.

Moneys in the human resources developmentspecial fund shall be used for the following purposes:

(1)  Supporting the department's entrepreneurialinitiatives, training activities, and programs;

(2)  Administrative costs of the department'sentrepreneurial initiatives, training activities, and programs; and

(3)  Any other purpose deemed necessary by thedirector for the purpose of facilitating the department's entrepreneurialinitiatives, training activities, and programs.

(g)  The department of human resourcesdevelopment shall submit, no later than twenty days prior to the convening ofeach regular session [of the legislature] beginning with the regular session of2007, a report of the number of exempt positions that were converted to civilservice positions during the previous twelve months.  The report shall includebut not be limited to:

(1)  When the position was established;

(2)  The purpose of the position;

(3)  Rationale for the conversion; and

(4)  How many exempt positions remain in each statedepartment after the conversions. [L Sp 1959 2d, c 1, §11; am L 1965, c 206,§1; Supp, §14A-10; HRS §26-5; am L 1969, c 41, §1; gen ch 1985; am L 1994, c56, §2; am L 2000, c 253, §2; am L 2001, c 123, §9; am L 2006, c 300, §21; am L2007, c 290, §3]

 

Revision Note

 

  Subsection (g) is codified to this section pursuant to§23G-15.

 

Cross References

 

  Commission on salaries, see §26-56.