Community services

Transfers the office of community services from the department of
labor and industrial relations to the department of human

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 2 a new chapter to be appropriately designated and to read as
 3 follows:
 4                             "CHAPTER
 5                        COMMUNITY SERVICES
 6        -1  Findings and purpose.  The State of Hawaii has long
 7 been a leader among the states in the development of progressive
 8 and innovative undertakings on behalf of its needy people.
 9 Securing the well-being of the state's needy citizens continues
10 to be a policy concern deserving of the highest priority.
11      Yet, even as a growing share of the state's resources is
12 committed to programs and services to assist the poor, the
13 disadvantaged, refugees, immigrants, and other people in need,
14 government resources must be used prudently so that tax dollars
15 are not expended in a wasteful or extravagant manner.  The State
16 recognizes that changes in societal attitudes, values, and
17 emphasis have produced new issues requiring new approaches for
18 their resolution.
19      The purpose of this chapter is to establish the office of
20 community services, within the department of human services for

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 1 administrative purposes.  The primary purposes of the new office
 2 are to facilitate and enhance the development, delivery, and
 3 coordination of effective programs for those in need and to
 4 provide advice and assistance to the agencies of the executive
 5 branch, other private agencies in the human services field, and
 6 the legislature.  The establishment of the office of community
 7 services would:
 8      (1)  Comply with requirements of the Hawaii State
 9           Constitution;
10      (2)  Improve the efficiency and effectiveness of the
11           operations of the executive branch;
12      (3)  Improve the delivery of services to disadvantaged
13           persons, refugees, and immigrants;
14      (4)  Fix responsibility and accountability for successfully
15           carrying out programs, policies, and priorities of the
16           office; and
17      (5)  Improve responsiveness to the needs of the people of
18           Hawaii.
19        -2 Office of community services, establishment.(a)
20 There is established within the department of human services, for
21 administrative purposes only, an office of community services.
22 The following shall be among the programs to be under the
23 auspices of and coordinated through the office:

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 1      (1)  Progressive neighborhoods program;
 2      (2)  Hawaii office of economic opportunity;
 3      (3)  Refugee resettlement program; and
 4      (4)  State immigrant services center.
 5      (b)  The head of the office shall be known as the executive
 6 director of the office of community services, hereinafter
 7 referred to as executive director.  The executive director shall
 8 have:
 9      (1)  Training and experience in the field of social work,
10           education, public health, or related fields;
11      (2)  Direct experience in programs and services related to
12           disadvantaged persons, refugees, or immigrants; and
13      (3)  Experience in a supervisory, consultative, or
14           administrative capacity.
15 The executive director shall be appointed by the governor without
16 regard to chapters 76 and 77, and shall be compensated at a
17 salary level no less than that of a second deputy.  The executive
18 director shall be included in any benefit program generally
19 applicable to the officers and employees of the State.
20        -3 General functions, duties, and powers of the
21 executive director.  The executive director shall:
22      (1)  Serve as the principal official in state government
23           responsible for the coordination of programs for the

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 1           needy, poor, and disadvantaged persons, refugees, and
 2           immigrants;
 3      (2)  Oversee, supervise, and direct the performance by
 4           subordinates of activities in such areas as planning,
 5           evaluation, and coordination of programs for
 6           disadvantaged persons, refugees, and immigrants and
 7           develop a statewide service delivery network;
 8      (3)  Assess the policies and practices of public and private
 9           agencies that impact the disadvantaged and conduct
10           advocacy efforts on behalf of the disadvantaged,
11           refugees, and immigrants;
12      (4)  Devise and recommend legislative and administrative
13           actions to improve services for the disadvantaged,
14           refugees, and immigrants;
15      (5)  Serve as a member of advisory boards and panels of
16           state agencies in such areas as child development
17           programs, elder programs, social services programs,
18           health and medical assistance programs, refugee
19           assistance programs, and immigrant services programs;
20      (6)  Administer funds allocated for the office of community
21           services; and apply for, receive, and disburse grants
22           and donations from all sources for programs and
23           services to assist the disadvantaged, refugees, and

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 1           immigrants;
 2      (7)  Adopt, amend, and repeal rules pursuant to chapter 91
 3           for purposes of this chapter;
 4      (8)  Retain staff as may be necessary for the purposes of
 5           this chapter, who shall be exempt from chapters 76 and
 6           77;
 7      (9)  Contract for services as may be necessary for the
 8           purposes of this chapter;
 9     (10)  Orient members of the advisory council to the goals,
10           functions, and programs of the office; and
11     (11)  Seek the input of council members on all matters
12           pertaining to the functions of the office.
13        -4 General duties of the office of community services.
14 The office of community services shall:
15      (1)  Establish statewide goals and objectives relating to
16           disadvantaged persons, refugees, and immigrants;
17      (2)  Study facts concerning the needs of disadvantaged
18           persons, refugees, and immigrants in the State through
19           adequate research studies, the research to be carried
20           on whenever possible through the departments or
21           agencies of the state and county governments
22           responsible for providing services in the fields of
23           health, education, social welfare, employment, and

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 1           related areas.  Where the research cannot be done
 2           within established agencies, it shall be carried out by
 3           this office or contracted by this office;
 4      (3)  Review legislation pertaining to programs within the
 5           purview of the office and appropriations made for
 6           services to the disadvantaged, refugees, and
 7           immigrants, recommend revisions and additions needed,
 8           and report to the governor regarding the legislation;
 9      (4)  Evaluate the availability, adequacy, and accessibility
10           of all services for the disadvantaged, refugees, and
11           immigrants within the State;
12      (5)  Assist and coordinate the efforts of all public and
13           private agencies that provide services that affect the
14           disadvantaged, refugees, and immigrants including,
15           without limitation to the generality of the foregoing,
16           the department of health, the department of human
17           services, the department of labor and industrial
18           relations, and the department of education, and report
19           such facts and the office's recommendations to the
20           governor and to the legislature.  The executive heads
21           of all such departments and agencies shall make
22           available to the office of community services
23           information as the office deems necessary for the

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 1           effective discharge of its duties under this chapter;
 2      (6)  Maintain contacts with local, state, and federal
 3           officials and public and private agencies concerned
 4           with planning for the disadvantaged, refugees, and
 5           immigrants; and
 6      (7)  Encourage and foster local action on behalf of the
 7           disadvantaged, refugees, and immigrants.
 8        -5 Advisory council for community services;
 9 composition and compensation.(a)  There is established within
10 the office of community services, the advisory council for
11 community services, herein referred to as council, except as
12 otherwise indicated.  The council shall be composed of twelve
13 members appointed by the governor subject to section 26-34,
14 except as provided in this section.  Members shall have had
15 training, experience, or special knowledge concerning human
16 services programs.  Of the twelve members:
17      (1)  Four members shall be representatives of client groups
18           served by the office of community services, which shall
19           include:
20           (A)  One member from the client group previously served
21                by the progressive neighborhood program;
22           (B)  One member from the client group previously served
23                by the Hawaii office of economic opportunity;

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 1           (C)  One member from the client group previously served
 2                by the refugee resettlement program; and
 3           (D)  One member from the client group previously served
 4                by the state immigrant services center;
 5      (2)  Two members shall be representatives of private
 6           organizations that are engaged in the planning or
 7           delivery of human services; and
 8      (3)  Six members shall be from the general public, at least
 9           one representative from each county; provided that not
10           more than three shall be from Oahu.
11      (b)  Members of the council shall serve without compensation
12 but shall be reimbursed for expenses, including travel expenses,
13 necessary for the performance of their duties.
14        -6 Council, duties.  The council shall:
15      (1)  Advise the executive director, the governor, and the
16           legislature on matters relating to programs and
17           services for the disadvantaged, refugees, and
18           immigrants;
19      (2)  Assist the executive director in determining program
20           and policy needs and priorities for the State to
21           establish and implement a comprehensive program for the
22           disadvantaged, refugees, and immigrants in accordance
23           with the goals and objectives expressed in this

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 1           chapter;
 2      (3)  Assist the executive director in formulating short-term
 3           and long-range goals for programs and services for the
 4           disadvantaged, refugees, and immigrants;
 5      (4)  Assist the executive director in consulting with and
 6           seeking the opinion of the general public in relation
 7           to a comprehensive system of programs and services for
 8           the disadvantaged, refugees, and immigrants;
 9      (5)  Assist the executive director in the evaluation of
10           general and specific policies relating to the needs of
11           the disadvantaged, refugees, and immigrants; and
12      (6)  Assist the executive director in encouraging both
13           public and private agencies and programs to work to
14           develop and maintain a comprehensive and coordinated
15           system for human services.
16        -7 Relationships with other departments and agencies
17 and cooperation with office of community services.  Every state
18 department, county agency, or other public or private agencies
19 providing programs and services to the disadvantaged, refugees,
20 and immigrants shall be encouraged to actively work toward the
21 goals and objectives established by the office of community
22 services and to coordinate with the office of community services
23 the development of its program plans.  The executive heads of all

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 1 such departments and agencies shall cooperate with the office of
 2 community services in providing information as the office deems
 3 necessary for the effective discharge of its duties.  However,
 4 nothing contained in this chapter shall be deemed to delegate or
 5 detract in any way from the functions, powers, and duties
 6 prescribed by law for any other department or agency of this
 7 State or county, nor to terminate any existing contracts between
 8 such department or agency and any private organizations for the
 9 development or administration of programs or services to the
10 disadvantaged, refugees, and immigrants.  Notwithstanding that
11 each county shall maintain maximum control over the development
12 and administration of human service programs tailored to meet
13 county needs, each department, agency, officer, and employee of
14 the State and of the counties shall cooperate with and assist the
15 office of community services in the performance of the functions,
16 powers, and duties of the office."
17      SECTION 2.  Chapter 371K, Hawaii Revised Statutes, is
18 repealed.
19      SECTION 3.  All rights, powers, functions, and duties of the
20 department of labor and industrial relations, relating to the
21 office of community services, are transferred to the department
22 of human services.
23      All officers and employees whose functions are transferred

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 1 by this Act shall be transferred with their functions and shall
 2 continue to perform their regular duties upon their transfer,
 3 subject to the state personnel laws and this Act.
 4      No officer or employee of the State having tenure shall
 5 suffer any loss of salary, seniority, prior service credit,
 6 vacation, sick leave, or other employee benefit or privilege as a
 7 consequence of this Act, and such officer or employee may be
 8 transferred or appointed to a civil service position without the
 9 necessity of examination; provided that the officer or employee
10 possess the minimum qualifications for the position to which
11 transferred or appointed; and provided that subsequent changes in
12 status may be made pursuant to applicable civil service and
13 compensation laws.
14      An officer or employee of the State who does not have tenure
15 and who may be transferred or appointed to a civil service
16 position as a consequence of this Act shall become a civil
17 service employee without the loss of salary, seniority, prior
18 service credit, vacation, sick leave, or other employee benefits
19 or privileges and without the necessity of examination; provided
20 that such officer or employee possesses the minimum
21 qualifications for the position to which transferred or
22 appointed.
23      If an office or position held by an officer or employee
24 having tenure is abolished, the officer or employee shall not

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 1 thereby be separated from public employment, but shall remain in
 2 the employment of the State with the same pay and classification
 3 and shall be transferred to some other office or position for
 4 which the officer or employee is eligible under the personnel
 5 laws of the State as determined by the head of the department or
 6 the governor.
 7      SECTION 4.  All appropriations, records, equipment,
 8 machines, files, supplies, contracts, books, papers, documents,
 9 maps, and other personal property heretofore made, used,
10 acquired, or held by the department of labor and industrial
11 relations, relating to the office of community services, shall be
12 transferred with the functions to which they relate.
13      SECTION 5.  All rules, policies, procedures, guidelines, and
14 other material adopted or developed by the agency transferred
15 under this Act to implement provisions of the Hawaii Revised
16 Statutes that are reenacted or made applicable to the department
17 of human services by this Act, shall remain in full force and
18 effect until amended or repealed by the department of human
19 services pursuant to chapter 91, Hawaii Revised Statutes.
20      All deeds, leases, contracts, loans, agreements, permits, or
21 other documents executed or entered into by or on behalf of the
22 agency transferred under this Act pursuant to the provisions of
23 the Hawaii Revised Statutes, which are reenacted or made

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 1 applicable to the department of human services by this Act, shall
 2 remain in full force and effect.
 3      SECTION 6.  This Act shall take effect on July 1, 2000.
 5                           INTRODUCED BY:  _______________________