§76-5  Alternatives in providing human
resources program services.  (a)  Whenever consistent with economic and
efficient administration, the director may delegate the performance of services
under this chapter to the departments.  The departments shall perform the
services in compliance with any policies, standards, and procedures issued by
the director.  The delegation may be withdrawn at any time as determined by the
director.



(b)  Whenever consistent with economic and
efficient administration and upon the recommendation of its director, the chief
executive may decentralize powers of the director under this chapter, except
for rulemaking, to an appointing authority.  The appointing authority shall
exercise the powers, including the issuance of policies, standards, and
procedures that would apply to the department or agency.  Accountability for
all actions taken by the appointing authority or any subordinate employee, as a
result of empowerment by the chief executive, shall rest with the appointing
authority to the same extent as though the action had been taken by the
director.



(c)  Whenever consistent with economic and
efficient administration, a jurisdiction, if authorized by rules of the
jurisdiction, may enter into agreements on furnishing services and facilities
for human resources.  The human resource services furnished under an agreement
on behalf of a jurisdiction shall be as fully effective as though these
services had been performed by the jurisdiction.  The agreements may provide
for reciprocity or reimbursement from authorized funds for the value of the
services and facilities for human resources furnished.  If authorized by the
legislature, an agreement on furnishing services and facilities for human
resources may be with a private entity and shall be subject to any requirements
and parameters set by the legislature or the respective legislative body, as
applicable.



(d)  When determining how human resource
services are to be provided for the state executive branch, consideration shall
be given to options, such as restructuring the work force in conjunction with
providing affected employees the option of electing a voluntary severance
benefit or an early retirement incentive, or initiating a reduction-in-force.



(e)  Whenever human resource services are
delegated, decentralized, or performed by agreements as authorized in this
section, the director shall institute and maintain a system of inspection to
determine that the personnel laws and rules are applied and administered by the
departments in a manner consistent with the provisions of this chapter.  In the
event of any failure to comply with the provisions of this chapter, the
director shall take or recommend appropriate action.  Such action may include
requiring immediate correction be taken, retracting the delegation of
authority, recommending cessation of decentralization, or terminating an
agreement for human resource services. [L 1955, c 274, pt of §1; RL 1955, §3-5;
am L Sp 1959 2d, c 1, §11; HRS §76-5; am L 1977, c 159, §4; am L 1994, c 56,
§6; am L 1996, c 262, §8; am L 1997, c 2, §2; am L 2000, c 253, §6]