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HomeMy WebLinkAbout2013-07-17 Merit Appeals Board Minutes MERIT BOARD OF APPEALS Department of Human Resources 101 Pauahi Street, Suite 102 Hilo, Hawai`i July 17, 2013 CALL TO ORDER The regular meeting of the Merit Appeals Board, County of Hawaii, was called (Item 1): to order at 11:05 a.m. by Chairperson Kenneth M. Rowe, at the Department of Human Resources Conference Room, 101 Pauahi Street, Suite 2, Hilo, Hawai`i, on Wednesday, July 17, 2013. ROLL CALL Present: Mr. Kenneth M. Rowe, Chair Mr. Jubilee N. Kuewa, Vice-Chair Mr. Brian De Lima, Member Ms. June R. Rabago, Member Also Present: Mr. Ronald K. Takahashi, Director, HR Department Ms. Sharon Toriano, Deputy Director, HR Department Ms. Diane Noda, Deputy Corporation Counsel, Ofc. of the Corp. Counsel Ms. Jamie Martines, HR Assistant, HR Department Ms. Glynis Yamada, Secretary-Reporter, HR Department Members of the Public Present: Mr. Maile Etherton, Union Agent, HI Government Employee Association Ms. Lorena Kauhi, Union Agent, HI Government Employee Association ADDENDUM TO The Chair directed the Board to the next order of business, Addendum to AGENDA Agenda. (Item 2): (There was none.) STATEMENTS The Chair directed the Board to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC (Item 3): (There were none.) APPROVAL OF The Chair directed the Board to proceed to the next order of business, MINUTES Approval of Minutes of July 17, 2013 (Item 4): Motion to Approve: Ms. Rabago moved that the minutes of July 17, 2013 be approved, as amended. The motion was seconded by Mr. Kuewa. Merit Board of Appeals July 17,2013 Ms. Rabago stated that there was a typographical error located on Page 5, second to the last paragraph. The word"of' should be "or." The sentence reads as follows: "She asked if they're trying to implement or incorporate this language of the 95 percent [of] or the five percent rule to make it clearer." The roll call vote to approve the Minutes of July 17, 2013, as amended, was as follows: AYES: Board Members De Lima, Kuewa, Rabago, and Chair Rowe—4. NOES: None. ABSENT: None. EXCUSED: None. CHANGE ORDER By general consent,the following items were taken out of order, as requested by OF BUSINESS: Chair Rowe and with no objections from the Board Members. DIRECTOR'S The Chair directed the Board to proceed to the next order of business, Director's REPORT Report. (Item 8): STAFFING CHANGES WITHIN THE HR DEPARTMENT Mr. Takahashi introduced Glynis Yamada to the Board Members. He stated that Velma Menezes retired at the end of May, and that Glynis is the new Secretary- Reporter for the Board. (For informational purposes, the Quarterly and Annual Report for the Human Resources Department was circulated. SEE ATT. "A") UNFINISHED The Chair directed the Board to proceed to the next order of business, BUSINESS Unfinished Business. (Item 7): UPDATE ON STATUS OF TERENCE S. IGNACIO APPEAL Ms. Noda reported that she spoke with Mr. Ignacio's attorneys last month and this morning, and they had indicated that they would not be present at today's meeting. Ms.Noda noted for the record that both parties agreed to continue this matter until moved onto a future agenda by either party. Page 2 Merit Board of Appeals July 17, 2013 COMMUNI- The Chair directed the Board to proceed to the next order of business, CATIONS Communications. (Item 5): COMMUNICATION NO. 13-01, DATED JULY 1, 2013, FROM RONALD K. TAKAHASHI, DIRECTOR OF HUMAN RESOURCES, NOTIFYING THE BOARD OF HIS RETIREMENT FROM GOVERNMENT SERVICE AT THE CLOSE OF BUSINESS, AUGUST 30, 2013 Mr. Takahashi informed the Board of his decision to call it a career and that upon his retirement will be spending time with his family and friends. He expressed his appreciation to the Board for their confidence in appointing him as the Director, and thanked the Board for all of the support they provided him. Mr. Takahashi stated that the County went through some very trying economic times,which their department worked through. As part of his legacy as Director, he had negotiated the first kickbacks from employees with the Union,but which he's not proud of He stated that the Human Resources staff are great people who worked really hard throughout the years, and who supported the Department's goals and missions. He believes that whoever the next director is,that they're going to be fortunate to have a great staff that will support him/her. RETURN TO The Chair directed the Board to return to the regular order of business and take ORDER OF up New Business. BUSINESS: NEW BUSINESS The Chair directed the Board to proceed to the next order of business,New (Item 6): Business. SELECTION OF NEW DIRECTOR OF HUMAN RESOURCES (CURRENT POSITION DESCRIPTION; DISCUSSION OF SELECTION PROCESS) Mr. De Lima requested that the Board go into Executive Session to consult with their attorney regarding the legal process (duties and requirements) for the selection of the new Director of Human Resources. He stated that there are sensitive concerns that he would like to discuss. Motion for Executive Mr. De Lima moved to convene an executive session. Seconded by Mr. Kuewa. Session: Page 3 Merit Board of Appeals July 17, 2013 The voice vote was as follows: AYES: Board Members De Lima, Kuewa, Rabago, and Chair Rowe—4. NOES: None. ABSENT: None. EXCUSED: None RECESS: The Chair called for a recess at 11:11 a.m. RECONVENE: The meeting reconvened at 11:22 a.m. Chair Rowe asked Mr. Takahashi the timeline regarding the search for a new director. (At this time, Ms. Toriano asked the Board if they would like her to leave the proceedings. The Board informed her that she can remain.) Mr. Takahashi stated that he will be retiring at the end of next month, and strongly recommended that the Board have a director in place the day after he retires. Mr. De Lima asked Mr. Takahashi the following: When would be the proper process of doing an internal recruitment, how quickly could we get the announcement out, when would we receive the names of the people who are interested in the position, and when would the Board be able to meet after the receipt of those names. Mr. Takahashi replied that with an internal recruitment, it would take about two weeks. It would be up to the Board, but he would recommend that they leave it open for a minimum of one week then,two days later,the Board could receive the names of those interested in the position, and could hold a special meeting Mr. De Lima clarified that they could,basically, get the announcement posted by Monday, July 22nd, and by the end of Friday,August 2nd, submit the names to the Board. Then the Board can meet at their next meeting on August 21St Motion: Mr. De Lima moved to do an internal recruitment with the above deadlines and direct the Director to post the necessary notices and solicit the necessary submissions for the Board's consideration at their August 215t meeting. Ms. Rabago seconded the motion. Page 4 Merit Board of Appeals July 17, 2013 The voice vote was as follows: AYES: Board Members De Lima, Kuewa, Rabago, and Chair Rowe—4. NOES: None. ABSENT: None. EXCUSED: None Mr. Takahashi asked for clarification regarding the "internal"recruitment, whether it was within the Human Resources Department. He was informed that it would be the "County." Mr. Takahashi stated that there are qualifications required by law and asked what qualifications they would like listed. Mr. De Lima asked what qualifications are required by law. To address Mr. De Lima's inquiry, Ms. Noda distributed the current position description for the Human Resources Director( SEE ATT. "B"), the Hawai`i County Charter, Section 7-13 and 1.4 (SEE ATT. "C"), and the Hawai`i Revised Statutes, Section 76-12 and 76-13 (SEE ATT. "D") regarding the power and duties of the director. Mr. Takahashi inquired when they would like to receive the names and the scheduling of applications for interviews. Mr. De Lima commented that if more than two people meet, they would have to provide notice of meeting. He suggested that they form a permitted interaction group of two people to do the initial review of the applicants with the Director prior to their next meeting on August 21St, and the Board could convene an executive session in order to interview the applicants. By that time, he and Chair Rowe would have reviewed all the applicants and would be ready to participate in any discussion. Both Board Members Kuewa and Rabago agreed to serve as members of the permitted interaction group. Ms. Rabago confirmed that she and Mr. Kuewa would meet and make a recommendation to the Board. Mr. Kuewa had concerns regarding the position description. He didn't see any qualification requirements regarding "supervises" or"leads" although it did state in the hand-out from Ms. Noda, "exercise leadership." He asked Mr. Takahashi what the classification requirements would be in the announcement. Mr. Takahashi directed the Board to Page 3 of the position description. He will be posting on the announcement the language listed under"Qualifications." He Page 5 Merit Board of Appeals July 17,2013 referenced the following: "The director, at the time of the director's appointment and thereafter, shall be thoroughly familiar with the principles and methods of personnel administration and shall believe in applying merit principles and scientific administrative methods to public personnel administration." Mr. Takahashi stated that along with the above requirement, that they be a United States citizen and a resident of the State for the last year,which is another requirement of the law. Ms. Noda also referenced the subsequent paragraph under"Qualifications": "In addition,the director shall have had five years services in any human resource functional area,three years of which shall have been in an administrative capacity." Mr. Kuewa inquired about placing additional criteria in the announcement. Mr. De Lima shared his concern that if there is too much criteria that they might have a good candidate but, technically,they may not meet the additional thresholds placed. The Board agreed to the placement of minimum qualifications in the announcement. Mr. Kuewa inquired about when they would be receiving the applications. Mr. Takahashi replied that they'll receive the applications by August 7t. Mr. Kuewa asked if they could look at the announcement before it's released. Mr. Takahashi replied that he will e-mail the announcement to the Board Members prior to its release. Mr. Takahashi asked for clarification regarding"internal" as there are varied definitions such as civil service employees, exempt employees,temporary employees, et cetera. Mr. Kuewa replied permanent employees only. Ms. Rabago questioned that under civil service reform, if you're in a civil service position whether permanent or temporary, but you hold a civil service number— that you would be eligible to apply for recruitments. Mr. Takahashi further clarified that if someone is in a civil service position, whether it be temporary with a limitation date, that they would eligible if they pass a six-month probationary period. He brought to the Board's attention that Sharon, who is his Deputy Director,will not be eligible because she's not a civil service employee. He stated that she's in an appointed, exempt position. Page 6 Merit Board of Appeals July 17, 2013 Mr. De Lima thought that anyone who is working in the County would be able to apply. It's his intention not to limit any employee and to be as inclusive of the total employment pool. Mr. Takahashi stated that the announcement will not limit any applicant. Mr. De Lima expressed his concern regarding the applicant's level of commitment to the position as he wouldn't want someone taking the position for only one year. Mr. Kuewa asked Mr. Takahashi what two particular areas of the position would be more viable for a candidate. Mr. Takahashi replied that labor relations/collective bargaining is a must as the Director represents the Mayor. His task is to represent the Mayor in collective bargaining and the implementation and/or administration of the contracts that they negotiate. You need to have knowledge of all areas—classification, recruitment, employee relations as far as benefits and laws, as required. It was noted for the record that Deputy Director Sharon Toriano will serve as the Acting Director following Mr. Takahashi's retirement. SCHEDULE NEXT The Chair directed the Board to proceed to the next order of business, Schedule MEETING DATE Next Meeting Date. (Item 9): The next meeting will held on Wednesday, August 21St, at 11:30 a.m. (location to be determined). ADJOURNMENT There being no other business, at 11:55 a.m., Chair Rowe declared the meeting (Item 10): adjourned. Respectfully submitted, Ronald K. Takahashi Secretary APPROV D: 464 Kenneth M. Rowe Chair RKT/gy Page 7 ... .... Merit Appeals Board Quarterly MAB Report (April 2013 — June 2013) and Annual MAB Report (July 2012 — June 2013) Department of Human Resources ATT. "A" RECRUITMENT& EXAMINATION Annual MAB Report July 2012-June 2013 Program Objectives Establishment of eligible lists to assist departments with filling of their vacancies: Open- Competitive Recruitments % Objective Conducted Objective Met Met Within two months for registration recruitments and 9 7 78% small/medium size open-competitive recruitments requiring a written examination. Within three months for large size open-competitive 7 5 71% recruitments requiring a written examination. Within two months for open-competitive 91 80 88% recruitments requiring a training and experience evaluation (T&E). Within four months for the Police Officer I (Recruit) 1 1 100% recruitment requiring a written examination and a performance test. Open-competitive recruitments totaled 108 recruitments. We also conducted 102 internal recruitments and 24 postings for temporary appointments outside of an eligible list. In addition, staff conducted skill set evaluations for the hiring departments, as requested. A total of 8,277 applications were received during this period: • 7,732 applications for open-competitive recruitments • 504 applications for internal recruitments • 27 applications for temporary appointments outside of an eligible list • 6 applications for re-employment • 8 priority job placement The following chart summarizes the recruitment activity for this year in comparison with the recruitment activity for FY 2011-12. 150 100 50 0 - FY 2011-12 FY 2012-13 • Open-competitive 96 108 recruitments • New hires 82 130 Labor Relations Division Equal Opportunity Annual MAB Report for July 2012 -June 2013 The goal of the EO Response Time to inquiries and complaints is to provide a high level of customer service by responding to our employees and the public within 14 days of receipt unless extensive research, investigation or action by another department is warranted; thereby, resolving complaints at the lowest possible level before they escalate or are filed with external agencies. Equal Opportunity Response Time 250 — -- — 73 200 a •2010-2011 o > 150 U z •2011-2012 vi d 100 o ce ❑2012-2013 m 50 c 0 – • ■—,I Total <14 15 -30 >30 Time Resolved in Days *As of June 30, 2013, there were six (6) files pending resolution. Special Projects Initiated March 2013-June 2013 Description Comments Training Developed and conducted a new training, "The Four W's of Reasonable Accommodation," that focuses on the employer's duty to accommodate based on disability, pregnancy, lactation, religion, gender identity, gender expression, and victim of sexual or domestic violence status. Consent Decree Accompanied our ADA consultant and our court monitor's designate on site checks of recent ADA improvement projects completed by Parks and Recreation and Public Works. Language Access Assisted the state Office of Language Access with coordination of an outreach session in Hilo in mid-September. Policy Started amendments to our Anti-Discrimination and Harassment Policy and Procedure. Equal Opportunity Provided guidance on gender identity and gender expression to departmental management regarding an employee who was cross- dressing. Outreach Attended a meeting sponsored by Ho'opono for individuals who are blind and have visual impairments. At the request of a Community Policing Officer, conducted service animal training for security officers of various local businesses. Title VI Assisted the Department of Public Works in preparing for a Title VI Compliance Review conducted by the Hawaii Department of Transportation. Update on Previously Reported Special Projects Training Finalized Americans with Disabilities Act and Customer Service Training for Hele-On Bus Operators to be delivered in August 2013. EO Manuals Compiled Volume II, The ADA Title II, and Volume III, Nondiscrimination in Employment of the EO Program Manual. Distribution to departments is pending. ADMINISTRATIVE SERVICES DIVISION Quarterly MAB Report April-June 2013 The following goals were established to measure timeliness of services provided to the departments by the Central HR office. These goals are also part of department's fiscal budget. #1 Goal - Conduct two department/agency audits each quarter on personnel files, temporary assignment records, postings, etc., to ensure compliance with personnel laws, rules, policies and procedures, collective bargaining agreements, and executive orders. Measure - Number of department audits conducted per quarter. Status- During the fourth quarter of the fiscal year, two department/agency audits were conducted (Liquor Control and Water Supply). #2 - Goal-With the exception of mass pay adjustments transactions, audit and approve properly completed and submitted payroll certification forms (Form 13s) within five workdays of receipt. Audit and approve mass ay adjustment payroll certification forms (Form 13s) within two weeks of the last form received. Measure- Number of payroll certification forms processed within timeframes. Status- During the fourth quarter of the fiscal year, a total of 613 Form 13s were processed. 100% of the forms were returned to departments within five workdays. There were no mass pay adjustment Form 13s during this period. #3 - Goal- Review and act upon properly completed and submitted Flexible Spending Plan change in status forms within two workdays of receipt. Measure- Number of Flexible Spending Plan change in status forms processed within timeframe. Status- During the fourth quarter of the fiscal year, a total of 29 Flexible Spending Plan change in status forms were processed. 100% of the forms were returned to departments within two workdays. RECRUITMENT& EXAMINATION Quarterly MAB Report April-June 2013 Program Objectives Establishment of eligible lists to assist departments with filling of their vacancies: Open- Competitive Recruitments Objective Conducted Objective Met Met Within two months for registration recruitments and 4 3 75% small/medium size open-competitive recruitments requiring a written examination. Within three months for large size open-competitive 1 0 0% recruitments requiring a written examination. Within two months for open-competitive 33 29 88% recruitments requiring a training and experience evaluation (T&E). Within four months for the Police Officer I (Recruit) 0 N/A N/A recruitment requiring a written examination and a performance test. Open-competitive recruitments totaled 38 recruitments. We also posted 34 internal recruitments and 16 postings for temporary appointments outside of the eligible list. In addition, staff conducted skill set evaluations for the hiring departments, as requested. A total of 2,722 applications were received during this period: • 2,558 applications for open-competitive recruitments • 146 applications for internal recruitments • 18 applications for temporary appointments outside of an eligible list The following chart summarizes the recruitment activity for this quarter and year-to-date in comparison with the recruitment activity for FY 2011-12. 150 100 50 0 Open-competitive recruitments New hires • FY 2011-12 96 82 • April - June 2013 38 85 ❑ Year-to-date 108 130 CLASSIFICATION & PAY MAB Report-April to June 2013 Objective: Review and process position redescription reviews within five (5) workdays of receipt. Position descriptions are the bases of position classification and are used by departments for organizational and workflow planning, performance evaluations, and recruitment. Thus, its imperative that we process the reviews on a timely basis. Outcome: Twelve (12) redescription review requests were received and all were processed within five workdays of receipt. Redescription Review Actions FY 2012-2013 14 111111111111 12 E. 18 ______- E. O 2 �- . 0 "0"days 1 day 2 days 3 days 4 days 5 days Total z Requests Objective: Review and process reallocations for recruitment within ten (10) workdays of receipt. To expedite the recruitment process for the departments,we set this objective to review and process requests for reallocations of positions within ten (10) workdays of receipt. Outcome: Twelve (12) reallocation requests for recruitment purposes were received and all were processed within ten (10) workdays of receipt. Reallocations for Recruitment FY 2012-2013 a 12 ■■■■■■■ 12 12 ■■■■■■■■_ 8 cr• 6 — !,_ 6 ■■■■■■■_ 3• 2 _ I■MMRm ••� I 1 II 11 1 0 0 0 0 0 0 0 0 0 • `L < 0 1 0 06 �O ,o �Q- ,so` Health & Safety Division Workers' Compensation Annual MAB Report (July 2012 -June 2013) County of Hawaii- Open Claims as of FY End(June 30) and FY 2013 Year to Date 400 373 350 - 331 - 327 300 292 250 200 150 100 50 0 2010 2011 2012 2013 2014 County of Hawaii- New Claims Opened During FY 155 152 151 150 150 145 — _.. _ 140 __ .....- _...-_._._ ._._ ..... 136 135 130 --___.-1-11- -- - - - 125 2010 2011 2012 2013 2014 C of H Vehicle/Equipment/Property Damage Reports - Calendar Year 2009 to 2013 (YTD) All Departments 250 227 198 191 188 200 - t00 X50 I ■ 0 ■ _ 2009 2010 2011 2012 2013 2014 Year Personnel & Organizational Development Quarterly MAB Report for April 2013-June 2013 Personnel & Organizational Development Training April 2013- June 2013 No. of Training Programs Offered 13 No. of Training Sessions Conducted 18 No. of Employees Who Attended 190 County Tuition Reimbursement Program CTRP FY 2012-2013 Applications Received& Reviewed 12 $34,556.25 Applications Approved& Paid Out 8 $15,000.00 Position Description Director of Human Resources Job Purpose The director of human resources is the County's principal human resource officer, serving as the administrative head of the department of human resources. Pursuant to §76-75, Hawaii Revised Statutes, the Merit Appeals Board "shall appoint and may at pleasure remove" the director of human resources. The department of human resources is comprised of 28 positions, including the director's and deputy director's positions, and has an operating budget of approximately$4.5 million dollars. Pursuant to Article V of the Hawaii County Charter, the department is supervised by the mayor through the managing director. As the chief administrative officer of the department of human resources, the director is responsible for administering a human resource management system in compliance with applicable laws and rules promulgated thereunder and in compliance also with various collective bargaining agreements. The director is responsible for the strategic human resource planning to provide the County with a human resource management program in line with the County's overall goals and objectives. The director works with the mayor and other members of the mayor's cabinet to ensure the County's compliance with laws,rules,and administrative rulings of governmental organizations and other regulatory and advisory authorities relative to human resource management and equal opportunity. As a cabinet level position,the director may be called upon by the mayor or managing director to serve in various capacities outside the realm of human resource management. As an example,the director may be assigned to County-or state-wide ad hoc committees or other entities.The director is fifth in line in the order of succession to the mayor, following the managing director, finance director, planning director, and the director of research and development. Essential Duties and Responsibilities • Plans, develops, organizes, directs, and evaluates the County's human resource management program and promulgates policy and procedures with respect to, but not limited to,the following human resource functional areas: • recruitment and examination of applicants/employees to fill County positions with qualified and competent individuals; ATT. "B" Position Description-Director of Human Resources Page 2 of 4 • compensation and benefits program that will attract and retain qualified and competent individuals; • health and safety program that values employees as an asset to the County including a workers' compensation program that seeks to appropriately compensate injured employees while seeking ways to continue their productivity and self-esteem through return to work programs; • employee and labor relations program that recognizes employee rights and properly balances these rights with the rights of the County in providing service to the public; • organizational and personnel development programs which effectively identify and meet the needs of the County organization and individuals within the organization. • Plans, develops, organizes,implement and monitors policies and procedures to ensure the County's compliance with applicable laws and rules on fair employment,the Americans with Disabilities Act, and other similar laws,including ensuring that County facilities, programs, and other activities are equally available to all individuals. • Evaluates and advises the mayor and the mayor's cabinet on the impact of laws, rules,and administrative rulings of governmental organizations and other regulatory and advisory authorities relative to human resource management and equal access to County facilities,programs,and other activities. • Participates as a member of the mayor's cabinet in the development, implementation, and evaluation of the County's plans and programs from the perspective of human resource management and equal access to County facilities, programs,and other activities. • Continually assesses the"competitiveness"of the County's human resource management program to ensure that the County continues to attract and retain qualified and competent individuals. • Develops and implements effective human resource management policies and procedures that will improve the overall effectiveness of County government in providing services to the public. • Assist with the activities and programs of other departments' human resource management programs,along with providing technical advice and assistance to individuals either working in the human resource — Position Description-Director of Human Resources Page 3 of 4 management discipline or needing to access expertise on human resource management matters. • Assist with the activities and programs of other departments, along with providing technical advice and assistance concerning equal access to County facilities, programs,and other activities. • Serves as the mayor's representative and spokesperson at the bargaining table with public sector unions. Receives, reviews and assesses probabilities on proposed contract changes.Formulates and recommends strategies, goals, and objectives for negotiations with representatives of the governor and other mayors. • Proposes,tracks, and/or lobbies on legislation affecting human resource management or the merit principle and the County's civil service system and on equal opportunity and access to County facilities,services, or programs. • Continually evaluates the County's human resource management structure and employees and plans for continual improvement of the efficiency and effectiveness of these employees as well as providing them with professional and personal growth opportunities. • Provides technical and clerical staff services to the Merit Appeals Board and Salary Commission. • Keeps abreast of the dynamics of the human resources field and on matters of equal opportunity and access to facilities, services, or programs through professional activities and self development. Qualifications The director, at the time of the director's appointment and thereafter, shall be thoroughly familiar with the principles and methods of personnel administration and shall believe in applying merit principles and scientific administrative methods to public personnel administration. The director shall have a bachelor's degree in human resources, public personnel administration,industrial relations, or a related field; however, human resource management experience may be substituted on a year for year basis. In addition,the director shall have had five years service in any human resource functional area, three years of which shall have been in an administrative capacity. The director shall have general knowledge of strategic management, compensation and benefits,workforce planning and employment, human Position Description-Director of Human Resources Page 4 of 4 resource development, compensation and benefits, employee and labor relations,occupational health and safety,and equal opportunity and access to facilities,services, or programs. Certifications by appropriate professional organizations are desirable. COUNTY CHARTER COUNTY OF HAWAII - 2012 Section 7-1.3. Director. The director of human resources shall be appointed by the merit appeals board and may be removed by the merit appeals board. Any motion for removal of the director of human resources must contain a statement of reasons, and the board shall not vote to remove the director of human resources unless the director of human resources has been given an opportunity to respond to the statement of reasons at a hearing before the board. (1979, Prop. 13; 2006, Ord. No. 06-60, sec. 2; 2010, Prop. 15, sec. 1.) Section 7-1.4. Powers, Duties and Functions. The director of human resources shall be responsible for the human resources management program of the county with two distinct categories of duties. The major duties shall be in the areas of equal employment opportunities, personnel development, personnel deployment, personnel relations and personnel welfare including employee safety and workers' compensation. The secondary duties of the director shall be the administration of the civil service system and the maintenance of the aims and mechanics prescribed by statute. The director shall be the administrative head of the department of human resources and shall be responsible for the proper conduct of all the administrative affairs of the department and for the execution of the human resources management program prescribed by this charter, ordinances, laws and regulations. The merit appeals board shall function according to statute. The director shall provide technical and clerical staff services to the board. (1979, Prop. 13; 2000, Prop. 6, sec. 2; 2006, Ord.No. 06-60, sec. 2.) ATT. "C" House Bill Page 1 of 1 §76-12 General powers and duties of director. The director shall : ( 1) Represent the public interest in the improvement of human resources administration in the civil service; (2) Assist in fostering the interest of institutions of learning and civic, professional, and employee organizations in the improvement of human resources standards in civil service; (3) Advise the chief executive on policies and problems concerning the human resources program; and (4) Make investigations concerning the administration of human resources policies in the civil service, including any matter respecting the enforcement or effect of this chapter or the rules adopted thereunder, or the action or failure to act of any officer or employee with respect thereto. [L 1955, c 274, pt of §1; RL 1955, pt of §3-17; am L Sp 1959 2d, c 1, §11; HRS §76-12; am L 1994, c 56, §7; am L 2000, c 253, §10] Cross References General authority, see §26-5 . Previous Vo102 Ch0046-0115 Next ATT. "D" http://www.capitol.hawaii.gov/hrscurrent/Vo102 Ch0046-0115/HRS0076/HRS_0076-001... 7/17/2013 House Bill §76-13 Specific duties and powers of director. The director shall direct and supervise all the administrative and technical activities of the director ' s department . In addition to other duties imposed upon the director by this chapter, the director shall : (1) Establish and maintain a roster of all persons in the civil service; (2) Appoint employees necessary to assist the director in the proper performance of the director ' s duties and for which appropriations shall have been made; (3) Foster and develop, in cooperation with appointing authorities and others, programs for the improvement of employee efficiency; (4 ) Cooperate fully with appointing authorities, giving full recognition to their requirements and needs, in the administration of this chapter to promote public service by establishing conditions of service that will attract and retain employees of character and capability, and to increase efficiency and productivity in governmental departments by continuously improving methods of human resources administration and maximizing the use of advanced technology; (5) Encourage and exercise leadership in the development of effective human resources administration within the several departments and make available the facilities of the director ' s department to this end; (6) Investigate from time to time the operation and effect of this chapter and the rules adopted thereunder; (7 ) Develop and maintain classification systems; (8) Make recommendations and advise the chief executive on appropriate adjustments for employees excluded from collective bargaining as authorized under chapter 89C; and (9) Perform any other lawful acts deemed by the director to be necessary or desirable to carry out the purposes and provisions of this chapter. [L 1955, c 274 , pt of §1; RL 1955, pt of §3-19; am L 1957, c 157, §1 and c 206, §1; am L Sp 1959 2d, c 1, §11; am L 1964 , c 28, §2; HRS §76-13; am L 1976, c 35, §1; gen ch 1985; am L 1989, c 102, §2; am L 1994 , c 56, §8 ; am L 2000, c 253, §11] Revision Note Subsection designation deleted pursuant to §23G-15 (1) . Attorney General Opinions Only the director of personnel services and the administrative director of the courts are empowered to act on reallocation requests . Att . Gen. Op. 81-10 . Effective date of reallocation determines whether retroactive pay adjustment made . Att . Gen. Op. 85-4 . http://www.capitol.hawaii.gov/hrscurrent/V o102_Ch0046-0115/HRS0076/HRS_0076-001... 7/17/2013 - House Bill Page 1 of 1 §76-75 Personnel director. The merit appeals board shall appoint and may at pleasure remove a personnel director, who shall be the chief administrative officer of the department of civil service. The director shall, at the time of the director ' s appointment, and thereafter, be thoroughly familiar with the principles and methods of personnel administration and shall believe in applying merit principles and scientific administrative methods to public personnel administration. [L 1955, c 274, pt of §1; RL 1955, §3-18 ; am L 1957, c 207, §1 (a) ; am L Sp 1959 2d, c 1, §11; HRS §76-75; am L 1977, c 61, pt of §1; gen ch 1985; am L 2000, c 253, §34 ] Case Notes Conflicting provisions of the Maui Charter are invalid. 59 H . 65, 576 P. 2d 1029 . Previous Vo102 Ch0046-0115 Next http://www.capitol.hawaii.gov/hrscurrent/V o102_Ch0046-0115/HRS0076/HRS_0076-007... 7/1 7/20 1 3