Report Title:

State Agencies; Deputy Director; Special Assistant; Appointment

Description:

Establishes that deputy directors and special assistant positions of executive departments not specifically authorized by statute are subject to position justification requirements and legislative review. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2741

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

S.D. 1


 

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) Notwithstanding any other law to the contrary, except for deputy director and special assistant positions specifically exempted under subsection (b), no department or agency shall either 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 that are 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 positions enumerated in section 76-16(b).

(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) 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), then the report shall identify the position, amount of the variance, and the reasons therefor.

(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", "deputy superintendent", "assistant superintendent", "executive assistant", "administrative assistant", "attaché", or similar term, and includes:

(1) Any employee whose position is exempt from chapter 76 that is employed by an executive department or agency and not specifically exempted under subsection (b); and

(2) Whose annual salary 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 under which department or agency the deputy director or special assistant is employed; or

(3) An employee who is filling a 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. On January 1, 2005, all deputy director and special assistant positions of the executive branch not specifically authorized by statute or not in 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.