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. (HB2154 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2154
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COMMUNITY SERVICES.



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

 1      SECTION 1.  The State of Hawaii has long been a leader among
 
 2 the states in the development of progressive and innovative
 
 3 undertakings on behalf of its needy people.  Securing the well-
 
 4 being of state's needy citizens continues to be a policy concern
 
 5 deserving of the highest priority.
 
 6      Yet, even as a growing share of the state's resources is
 
 7 committed to programs and services to assist the poor, the
 
 8 disadvantaged, refugees, immigrants, and other people in need,
 
 9 government resources must be used prudently so that tax dollars
 
10 are not expended in a wasteful or extravagant manner.  The
 
11 legislature recognizes that changes in societal attitudes,
 
12 values, and emphasis have produced new issues requiring new
 
13 approaches for their resolution.
 
14      The purpose of this Act is to establish the office of
 
15 community services within the department of human services for
 
16 administrative purposes.  The primary purposes of the new office
 
17 are to facilitate and enhance the development, delivery, and
 
18 coordination of effective programs for those in need and to
 
19 provide advice and assistance to the agencies of the executive
 

 
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 1 branch, other private agencies in the human services field, and
 
 2 the legislature.  The establishment of the office of community
 
 3 services would:
 
 4      (1)  Comply with requirements of the Hawaii State
 
 5           Constitution;
 
 6      (2)  Improve the efficiency and effectiveness of the
 
 7           operations of the executive branch;
 
 8      (3)  Improve the delivery of services to disadvantaged
 
 9           persons, refugees, and immigrants;
 
10      (4)  Fix responsibility and accountability for successfully
 
11           carrying out programs, policies, and priorities of the
 
12           office; and
 
13      (5)  Improve responsiveness to the needs of the people of
 
14           Hawaii.
 
15      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
16 a new chapter to be appropriately designated and to read as
 
17 follows:
 
18                             "CHAPTER
 
19                        COMMUNITY SERVICES
 
20 
 
21        -1 Office of community services, establishment.(a)
 
22 There is established within the department of human services, for
 
23 administrative purposes only, an office of community services.
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

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

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

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

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

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

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

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      If an office or position held by an officer or employee
 
 2 having tenure is abolished, the officer or employee shall not
 
 3 thereby be separated from public employment, but shall remain in
 
 4 the employment of the State with the same pay and classification
 
 5 and shall be transferred to some other office or position for
 
 6 which the officer or employee is eligible under the personnel
 
 7 laws of the State as determined by the head of the department or
 
 8 the governor.
 
 9      SECTION 5.  All appropriations, records, equipment,
 
10 machines, files, supplies, contracts, books, papers, documents,
 
11 maps, and other personal property heretofore made, used,
 
12 acquired, or held by the department of labor and industrial
 
13 relations, relating to the office of community services, shall be
 
14 transferred with the functions to which they relate.
 
15      SECTION 6.  All rules, policies, procedures, guidelines, and
 
16 other material adopted or developed by the agency transferred
 
17 under this Act to implement provisions of the Hawaii Revised
 
18 Statutes that are reenacted or made applicable to the department
 
19 of human services by this Act, shall remain in full force and
 
20 effect until amended or repealed by the department of human
 
21 services pursuant to chapter 91, Hawaii Revised Statutes.
 
22      All deeds, leases, contracts, loans, agreements, permits, or
 
23 other documents executed or entered into by or on behalf of the
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 agency transferred under this Act pursuant to the provisions of
 
 2 the Hawaii Revised Statutes, which are reenacted or made
 
 3 applicable to the department of human services by this Act, shall
 
 4 remain in full force and effect.
 
 5      SECTION 7.  This Act shall take effect on July 1, 2000.