Report Title:

Community Services

Description:

Transfers the office of community services from the department of labor and industrial relations to the department of human services. (HB606 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

606

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to community services.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The state of Hawaii has long been a leader among the states in the development of progressive and innovative undertakings on behalf of its needy. Securing the well-being of the state's less fortunate residents continues to be a concern deserving of the highest priority.

Nevertheless, even as a growing share of the state's resources is committed to programs and services to assist the poor, the disadvantaged, refugees, immigrants, and other people in need, government resources must be used prudently so that tax dollars are not spent in a wasteful or extravagant manner. The legislature recognizes that changes in social attitudes, values, and emphases have produced new problems requiring new solutions.

The purpose of this Act is to establish the office of community services within the department of human services for administrative purposes. The primary purposes of the new office are to facilitate and enhance the development, delivery, and coordination of effective programs for those in need and to provide advice and assistance to the agencies of the executive branch, other private agencies in the field of human services, and the legislature. The establishment of the office of community services would:

(1) Comply with requirements of the Hawaii Constitution;

(2) Improve the efficiency and effectiveness of the operations of the executive branch;

(3) Improve the delivery of services to disadvantaged persons, refugees, and immigrants;

(4) Fix responsibility and accountability for successfully carrying out programs, policies, and priorities of the office; and

(5) Improve responsiveness to the needs of the people of Hawaii.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

COMMUNITY SERVICES

§ -1 Definitions. As used in this chapter unless the context requires otherwise:

"Council" means the advisory council for community services.

"Executive director" means the head of the office of community services.

"Office" means the office of community services.

§     -2 Office of community services; establishment. (a) There is established within the department of human services for administrative purposes only, the office of community services. The following shall be among the programs to be under the auspices of and coordinated through the office:

(1) Community service block grant program;

(2) Refugee resettlement program; and

(3) State immigrant services center.

(b) The head of the office shall be the executive director of the office of community services. The executive director shall have:

(1) Training and experience in the field of social work, education, public health, or related fields;

(2) Direct experience in programs and services related to disadvantaged persons, refugees, or immigrants; and

(3) Experience in a supervisory, consultative, or administrative capacity.

The executive director shall be appointed by the governor without regard to chapter 76, and shall be compensated at a salary level no less than that of a second deputy. The executive director shall be included in any benefit program generally applicable to the officers and employees of the State.

§     -3 General functions, duties, and powers of the executive director. The executive director shall:

(1) Serve as the principal official in the state responsible for the coordination of programs for the needy, poor, and other disadvantaged persons, refugees, and immigrants;

(2) Oversee, supervise, and direct the performance by subordinates of activities in such areas as planning, evaluation, and coordination of programs for the needy, poor, and other disadvantaged persons, refugees, and immigrants and develop a statewide service delivery network;

(3) Assess the policies and practices of public and private agencies that affect the disadvantaged and conduct advocacy efforts on behalf of the disadvantaged, refugees, and immigrants;

(4) Devise and recommend legislative and administrative actions to improve services for the disadvantaged, refugees, and immigrants;

(5) Serve as a member of advisory boards and panels of state agencies in such areas as child development programs, elder programs, social services programs, health and medical assistance programs, refugee assistance programs, and immigrant services programs;

(6) Administer funds allocated for the office and apply for, receive, and disburse grants and donations from all sources for programs and services to assist the disadvantaged, refugees, and immigrants;

(7) Adopt, amend, and repeal rules pursuant to chapter 91 for purposes of this chapter;

(8) Hire staff as may be necessary for the purposes of this chapter, who shall be exempt from chapter 76;

(9) Contract for services as may be necessary for the purposes of this chapter;

(10) Orient members of the council to the goals, functions, and programs of the office; and

(11) Seek the input of council members on all matters pertaining to the functions of the office.

§     -4 General duties of the office. The office shall:

(1) Establish statewide goals and objectives relating to disadvantaged persons, refugees, and immigrants;

(2) Study facts concerning the needs of disadvantaged persons, refugees, and immigrants in the State through adequate research studies, with the research to be conducted whenever possible through the departments or agencies of the state and county governments that are responsible for providing services in the fields of health, education, social welfare, employment, and related areas. If the research cannot be performed within established agencies, it shall be carried out by the office or contracted by the office;

(3) Review legislation pertaining to programs within the purview of the office and appropriations made for services to the disadvantaged, refugees, and immigrants; recommend revisions and additions needed; and report to the governor regarding the legislation;

(4) Evaluate the availability, adequacy, and accessibility of all services for the disadvantaged, refugees, and immigrants within the State;

(5) Assist and coordinate the efforts of all public and private agencies that provide services that affect the disadvantaged, refugees, and immigrants, including, without limitation to the generality of the foregoing, the department of health, the department of human services, the department of labor and industrial relations, and the department of education, and report its findings and recommendations to the governor and to the legislature. The executive heads of all such departments and agencies shall make available to the office as the office deems necessary for the effective discharge of its duties under this chapter;

(6) Maintain contacts with local, state, and federal officials and public and private agencies concerned with planning for the disadvantaged, refugees, and immigrants; and

(7) Encourage and foster local action on behalf of the disadvantaged, refugees, and immigrants.

§     -5 Advisory council for community services; composition and compensation. (a) There is established within the office of community services the advisory council for community services. The council shall be composed of twelve members appointed by the governor subject to section 26-34, except as provided in this section. Members shall have had training, experience, or special knowledge concerning human services programs. Of the twelve members:

(1) Four members shall be representatives of client groups served by the office, which shall include:

(A) One member from the client group previously served by the progressive neighborhood program;

(B) One member from the client group previously served by the Hawaii office of economic opportunity;

(C) One member from the client group previously served by the refugee resettlement program; and

(D) One member from the client group previously served by the state immigrant services center;

(2) Two members shall be representatives of private organizations that are engaged in the planning or delivery of human services; and

(3) Six members shall be from the general public, at least one representative from each county; provided that not more than three shall be from Oahu.

(b) Members of the council shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

§     -6 Council; duties. The council shall:

(1) Advise the executive director, the governor, and the legislature on matters relating to programs and services for the disadvantaged, refugees, and immigrants;

(2) Assist the executive director in determining program and policy needs and priorities for the State to establish and implement a comprehensive program for the disadvantaged, refugees, and immigrants in accordance with the goals and objectives expressed in this chapter;

(3) Assist the executive director in formulating short-term and long-range goals for programs and services for the disadvantaged, refugees, and immigrants;

(4) Assist the executive director in consulting with and seeking the opinion of the general public in relation to a comprehensive system of programs and services for the disadvantaged, refugees, and immigrants;

(5) Assist the executive director in the evaluation of general and specific policies relating to the needs of the disadvantaged, refugees, and immigrants; and

(6) Assist the executive director in encouraging both public and private agencies and programs to work to develop and maintain a comprehensive and coordinated system for human services.

§     -7 Relationships with other departments and agencies and cooperation with office of community services. Every state department, every county agency, and all other public or private agencies providing programs and services to the disadvantaged, refugees, and immigrants shall be encouraged to work actively toward the goals and objectives established by and to coordinate with the office in the development of their program plans. The executive heads of all such departments and agencies shall cooperate with the office in providing information as the office deems necessary for the effective discharge of its duties. However, nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers, and duties prescribed by law for any other department or agency of the State or county, nor to terminate any existing contracts between such department or agency and any private organizations for the development or administration of programs or services to the disadvantaged, refugees, and immigrants. Notwithstanding that each county shall maintain maximum control over the development and administration of human service programs tailored to meet county needs, each department, agency, officer, and employee of the State and of the counties shall cooperate with and assist the office in the performance of the functions, powers, and duties of the office."

SECTION 3. Chapter 371K, Hawaii Revised Statutes, is repealed.

SECTION 4. All rights, powers, functions, and duties of the department of labor and industrial relations, relating to the office of community services, are transferred to the department of human services.

All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 5. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of labor and industrial relations, relating to the office of community services, shall be transferred with the functions to which they relate.

SECTION 6. All rules, policies, procedures, guidelines, and other material adopted or developed by the agency transferred under this Act to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of human services by this Act, shall remain in full force and effect until amended or repealed by the department of human services pursuant to chapter 91, Hawaii Revised Statutes.

All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the agency transferred under this Act pursuant to the provisions of the Hawaii Revised Statutes, which are reenacted or made applicable to the department of human services by this Act, shall remain in full force and effect.

SECTION 7. This Act shall take effect on July 1, 2020.