2017-03 Performance Audit Report: County of Hawai'i's Department of Human Resources Hiring Practices

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Appendix A: Audit Criteria Laws Hawai"i Revised Statutes (HRS), Chapter 76 —Civil Service Laws establishes the requirements of civil service laws and the merit principles and states in part: X76-1 purposes; merit principle. The merit principle is the selection of persons based on their fitness and ability for public employment -and the retention of employees based on their demonstrated appropriate conduct and productive performance. X76-5 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 The delegation may be withdrawn at any time as determined by the director.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, including the issuance of policies, standards, and procedures that would apply to the department or agency. Accountability for all actions taken 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... (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 terminated an agreement for human resource services. §76-11 —Definitions... "Appointing authority" means a department head or designee having the power to make appointments or changes in the status of employees. "Chief executive" means the governor, the respective mayors, the chief justice of the supreme court, and the chief executive officer of the Hawaii health systems corporation. It may include the superintendent of education and the president of the University of Hawaii with respect to their employees on any matter that applies to employees in general, including employees who are not covered by this chapter. "Department" means the head of any department, board, commission, or agency of a jurisdiction. Appendix A: Audit Criteria 28 1 P a g e