Department of human resources development
HRS §26-5
in effect26-5. Department of human resources development
(a) The department of human resources development shall be headed by a single executive to be known as the director of human resources development. The director shall:
(1) Facilitate and expedite the hiring and
recruitment for civil service positions under the jurisdiction of the
department of human resources development; and
(2) Have the authority to reclassify and abolish
vacant positions within state departments and agencies that are under the
jurisdiction of the department of human resources development, subject to the
following conditions:
(A) Prior to reclassifying or abolishing any
vacant position as provided under this paragraph, the director shall submit a
report to the legislature no later than twenty days prior to each regular
session. The report shall include a list of vacant positions for
reclassification or abolishment, identify the agency each position is attached
to, provide reasons for reclassifying or abolishing the position, and state the
duration that the position has been vacant; and
(B) The director may reclassify or abolish
any vacant position as provided under this paragraph no earlier than sixty days
after the report has been submitted to the legislature as provided under
subparagraph (A).
(b) The department shall administer the state
human resources program, including human resources development and training,
and central human resources services such as recruitment, examination,
classification, pay administration, and payment of any claims as required under
chapter 386.
(c) There shall be within the department of
human resources development a board to be known as the merit appeals board,
which shall sit as an appellate body on matters set forth in section 76-14.
The board shall consist of three members. All members shall have knowledge of
public employment laws and prior experience with public employment; provided
that at least one member's experience was with an employee organization as a
member or an employee of that organization and at least one member's experience
was with management. The governor shall consider the names of qualified
individuals submitted by employee organizations or management before appointing
the members of the board. The chairperson of the board shall be designated as
specified in the rules of the board.
(d) The provisions of section 26-34 shall not
apply and the board members shall be appointed by the governor for four-year
terms and may be reappointed without limitation; provided that the initial
appointments shall be for staggered terms, as determined by the governor. The
governor shall fill any vacancy by appointing a new member for a four-year
term. The governor may remove for cause any member after due notice and public
hearing.
(e) Nothing in this section shall be construed
as in any manner affecting the civil service laws applicable to the several
counties, the judiciary, or the Hawaii health systems corporation or its
regional system boards, which shall remain the same as if this chapter had not
been enacted.
(f) There is established in the state treasury
the human resources development special fund, to be administered by the
department of human resources development, which shall consist of:
(1) All revenues received by the department as a
result of entrepreneurial efforts in securing new sources of funds not provided
for in the department's budget for services rendered by the department;
(2) All revenues received by the department from the
charging of participant fees for in-service training that are in addition to
general fund appropriations in the department's budget for developing and
operating in-service training programs;
(3) Appropriations made by the legislature to the
fund; and
(4) Moneys directed to the department from any other
source, including gifts, grants, and awards.
(g) Moneys in the human resources development
special fund shall be used for the following purposes:
(1) Supporting the department's entrepreneurial
initiatives, training activities, and programs;
(2) Administrative costs of the department's
entrepreneurial initiatives, training activities, and programs; and
(3) Any other purpose deemed necessary by the
director for the purpose of facilitating the department's entrepreneurial
initiatives, training activities, and programs.
(h) The department of human resources
development shall submit, no later than twenty days prior to the convening of
each regular session of the legislature, a report of the number of exempt
positions that were converted to civil service positions during the previous
twelve months. The report shall include but not be limited to:
(1) When the position was established;
(2) The purpose of the position;
(3) Rationale for the conversion; and
(4) How many exempt positions remain in each state
department after the conversions. [L Sp 1959 2d, c 1, §11; am L 1965, c 206,
§1; Supp, §14A-10; HRS §26-5; am L 1969, c 41, §1; gen ch 1985; am L 1994, c
56, §2; am L 2000, c 253, §2; am L 2001, c 123, §9; am L 2006, c 300, §21; am L
2007, c 290, §3; am L 2019, c 57, §2; am L 2023, c 151, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0026/HRS_0026-0005.htmFetched: 11/10/2026