§76-5 Alternatives in providing human resources program services. (a) Whenever consistent with economic and efficient administration, the director may delegate the performance of services under this chapter to the departments. The departments shall perform the services in compliance with any policies, standards, and procedures issued by the director. The delegation may be withdrawn at any time as determined by the director.

(b) Whenever consistent with economic and efficient administration and upon the recommendation of its director, the chief executive may decentralize powers of the director under this chapter, except for rulemaking, to an appointing authority. The appointing authority shall exercise the powers, including the issuance of policies, standards, and procedures that would apply to the department or agency. Accountability for all actions taken by the appointing authority or any subordinate employee, as a result of empowerment by the chief executive, shall rest with the appointing authority to the same extent as though the action had been taken by the director.

(c) Whenever consistent with economic and efficient administration, a jurisdiction, if authorized by rules of the jurisdiction, may enter into agreements on furnishing services and facilities for human resources. The human resource services furnished under an agreement on behalf of a jurisdiction shall be as fully effective as though these services had been performed by the jurisdiction. The agreements may provide for reciprocity or reimbursement from authorized funds for the value of the services and facilities for human resources furnished. If authorized by the legislature, an agreement on furnishing services and facilities for human resources may be with a private entity and shall be subject to any requirements and parameters set by the legislature or the respective legislative body, as applicable.

(d) When determining how human resource services are to be provided for the state executive branch, consideration shall be given to options, such as restructuring the work force in conjunction with providing affected employees the option of electing a voluntary severance benefit or an early retirement incentive, or initiating a reduction-in-force.

(e) Whenever human resource services are delegated, decentralized, or performed by agreements as authorized in this section, the director shall institute and maintain a system of inspection to determine that the personnel laws and rules are applied and administered by the departments in a manner consistent with the provisions of this chapter. In the event of any failure to comply with the provisions of this chapter, the director shall take or recommend appropriate action. Such action may include requiring immediate correction be taken, retracting the delegation of authority, recommending cessation of decentralization, or terminating an agreement for human resource services. [L 1955, c 274, pt of §1; RL 1955, §3-5; am L Sp 1959 2d, c 1, §11; HRS §76-5; am L 1977, c 159, §4; am L 1994, c 56, §6; am L 1996, c 262, §8; am L 1997, c 2, §2; am L 2000, c 253, §6]