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.

THE SENATE

S.B. NO.

3180

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) Notwithstanding any other law to the contrary, except for deputy director and special assistant positions specifically authorized by statute, 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) 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;

(4) The salary range for the deputy director or special assistant position; and

(5) A comparison of the salary range being offered for the deputy director or special assistant position with salaries paid to persons with similar qualifications and responsibilities in the private sector.

(b) At least twenty days prior to the convening of each regular session, 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 as compared to the salary information required under subsection (a)(4) and (a)(5); 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.

(c) For the purposes of this section, the terms "deputy director" and "special assistant", include an 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 mean any employee whose position is exempt from chapter 76 that is employed by an executive department or agency and 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."

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.

INTRODUCED BY:

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