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



(b)  The department shall administer the state
human 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 under
chapter 386.



(c)  There shall be within the department of
human resources development a board to be known as the merit appeals board
which 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 of
public employment laws and prior experience with public employment; provided
that at least one member's experience was with an employee organization as a
member or an employee of that organization and at least one member's experience
was with management.  The governor shall consider the names of qualified
individuals submitted by employee organizations or management before appointing
the members of the board.  The chairperson of the board shall be designated as
specified in the rules of the board.



(d)  The provisions of section 26-34 shall not
apply and the board members shall be appointed by the governor for four-year
terms and may be re-appointed without limitation; provided that the initial
appointments shall be for staggered terms, as determined by the governor.  The
governor shall fill any vacancy by appointing a new member for a four-year
term.  The governor may remove for cause any member after due notice and public
hearing.



(e)  Nothing in this section shall be construed
as in any manner affecting the civil service laws applicable to the several
counties, the judiciary, or the Hawaii health systems corporation or its
regional system boards, which shall remain the same as if this chapter had not
been enacted.



(f)  There is established in the state treasury
the human resources development special fund, to be administered by the
department of human resources development, which shall consist of: all revenues
received by the department as a result of entrepreneurial efforts in securing
new sources of funds not provided for in the department's budget for services
rendered by the department, all revenues received by the department from the
charging of participant fees for in-service training that are in addition to
general fund appropriations in the department's budget for developing and
operating in-service training programs, appropriations made by the legislature
to the fund, and moneys directed to the department from any other source,
including gifts, grants, and awards.



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



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



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



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



(g)  The department of human resources
development shall submit, no later than twenty days prior to the convening of
each regular session [of the legislature] beginning with the regular session of
2007, a report of the number of exempt positions that were converted to civil
service positions during the previous twelve months.  The report shall include
but 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 state
department 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, c
56, §2; am L 2000, c 253, §2; am L 2001, c 123, §9; am L 2006, c 300, §21; am L
2007, c 290, §3]



 



Revision Note



 



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



 



Cross References



 



  Commission on salaries, see §26-56.