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  The delegation may be withdrawn at any time as determined by thedirector.

(b)  Whenever consistent with economic andefficient administration and upon the recommendation of its director, the chiefexecutive may decentralize powers of the director under this chapter, exceptfor rulemaking, to an appointing authority.  The appointing authority shallexercise the powers, including the issuance of policies, standards, andprocedures that would apply to the department or agency.  Accountability forall actions taken by the appointing authority or any subordinate employee, as aresult of empowerment by the chief executive, shall rest with the appointingauthority to the same extent as though the action had been taken by thedirector.

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

(d)  When determining how human resourceservices are to be provided for the state executive branch, consideration shallbe given to options, such as restructuring the work force in conjunction withproviding affected employees the option of electing a voluntary severancebenefit or an early retirement incentive, or initiating a reduction-in-force.

(e)  Whenever human resource services aredelegated, decentralized, or performed by agreements as authorized in thissection, the director shall institute and maintain a system of inspection todetermine that the personnel laws and rules are applied and administered by thedepartments in a manner consistent with the provisions of this chapter.  In theevent of any failure to comply with the provisions of this chapter, thedirector shall take or recommend appropriate action.  Such action may includerequiring immediate correction be taken, retracting the delegation ofauthority, recommending cessation of decentralization, or terminating anagreement 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]