State Agencies; Deputy Director; Special Assistant; Appointment
Provides that deputy directors and special assistant positions of executive departments not belonging to the Department of Education or the University of Hawaii are subject to position justification requirements and legislative review. (HB2741 CD1)
HOUSE OF REPRESENTATIVES
TWENTY-SECOND LEGISLATURE, 2004
STATE OF HAWAII
A BILL FOR AN ACT
relating to executive departments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 26, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§26- Executive departments; deputy director and special assistant positions; appointment review process. (a) No department or agency shall establish a deputy director or special assistant position or appoint a person to fill a deputy director or special assistant position within the department or agency, without first filing with the department of human resources development:
(1) A justification for the deputy director or special assistant position;
(2) A description of the duties and responsibilities to be assigned to the deputy director or special assistant position;
(3) The selection criteria and minimum qualifications to be used to fill the deputy director or special assistant position; and
(4) The salary range for the deputy director or special assistant position and the funding source from which the salary is to be paid.
(b) This section shall not apply to the department of education or the university of Hawaii.
(c) At the end of each fiscal quarter, beginning with the fiscal quarter ending September 30, 2004, the governor shall submit a report to the legislature detailing:
(1) Each department and agency's compliance with subsection (a) for each deputy director or special assistant position under the executive branch's control;
(2) The number of deputy director or special assistant positions subject to subsection (a) under the executive branch's control;
(3) The salary paid to each incumbent deputy director or special assistant and the funding sources therefor, as required under subsection (a)(4); and
(4) The positions, the amount of the variance, and the reasons for the variance if any variance occurs in which the salary of an incumbent deputy director or special assistant exceeds the recommended salary amount filed with the department of human resources development under subsection (a)(4).
(d) For the purposes of this section, the terms "deputy director" and "special assistant" include but are not limited to any employee whose title is "deputy director", "deputy to the chair", "vice director", "executive assistant", "administrative assistant", "attaché", or similar term, and includes any employee whose position is exempt from chapter 76 who is employed by an executive department or agency and who either:
(1) Has an annual salary that is not less than fifty per cent of a department head's or executive officer's salary as established under section 26-52(3), regardless of the department or agency to which the deputy director or special assistant is employed; or
(2) Is filling an exempt position within an executive department or agency and is assigned to work on loan, either from within that executive department or agency or from another executive department or agency, in the director's office for at least seventy-five per cent of a fiscal year."
SECTION 2. Beginning January 1, 2005, any deputy director or special assistant positions of the executive branch that have been established or filled without compliance with section 1 of this Act shall be abolished. All unexpended funds relating to the funding of the abolished positions shall lapse to the credit of the general fund.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.