Report Title:
Ombudsman; Place Under Auditor
Description:
Consolidates ombudsman's office within the office of the auditor. Designates the auditor, or a member of auditor's staff delegated by the auditor, as the ombudsman of the State.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
621 |
|
TWENTY-SECOND LEGISLATURE, 2003 |
||
|
STATE OF HAWAII |
||
|
|
A BILL FOR AN ACT
relating to government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to designate the auditor, or a member of auditor's staff delegated by the auditor, as the ombudsman of the State. The legislature finds that this transfer will help to consolidate functions and remove inefficiencies in the delivery of services to the people of Hawaii.
SECTION 2. Chapter 96, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§96- Auditor to act as ombudsman. The auditor, or a member of the staff of the office of the auditor delegated by the auditor, shall be the ombudsman of the State."
SECTION 2. Section 96-2, Hawaii Revised Statutes, is repealed.
["§96-2 Ombudsman; office established, appointment, tenure, removal, qualifications, salary, vacancy. The office of ombudsman is established. The legislature, by a majority vote of each house in joint session, shall appoint an ombudsman who shall serve for a period of six years and thereafter until a successor shall have been appointed. An ombudsman may be reappointed but may not serve for more than three terms. The legislature, by two-thirds vote of the members in joint session, may remove or suspend the ombudsman from office, but only for neglect of duty, misconduct, or disability.
No person may serve as ombudsman within two years of the last day on which the person served as a member of the legislature, or while the person is a candidate for or holds any other state office, or while the person is engaged in any other occupation for reward or profit. Effective January 1, 1989, and January 1, 1990, the salary of the ombudsman shall be $81,629 and $85,302 a year, respectively. The salary of the ombudsman shall not be diminished during the ombudsman's term of office, unless by general law applying to all salaried officers of the State.
If the ombudsman dies, resigns, becomes ineligible to serve, or is removed or suspended from office, the first assistant to the ombudsman becomes the acting ombudsman until a new ombudsman is appointed for a full term."]
SECTION 3. Section 96-3, Hawaii Revised Statutes, is repealed.
["§96-3 Assistance, staff, delegation, funding. The ombudsman shall appoint a first assistant and such other officers and employees as may be necessary to carry out this chapter. All employees, including the first assistant, shall be hired by the ombudsman and shall serve at the ombudsman's pleasure. In determining the salary of each such employee, the ombudsman shall consult with the department of human resources development and shall follow as closely as possible the recommendations of the department. Effective January 1, 1989, and January 1, 1990, the first assistant's salary shall be $69,748 and $72,886 a year, respectively. The ombudsman and the ombudsman's full-time staff shall be entitled to participate in any employee benefit plan.
The ombudsman may delegate to the ombudsman's appointees any of the ombudsman's duties except those specified in sections 96-12 and 96-13; provided that during the absence of the ombudsman from the island of Oahu, or the ombudsman's temporary inability to exercise and discharge the powers and duties of the ombudsman's office, such powers and duties as contained in sections 96-12 and 96-13 shall devolve upon the first assistant during such absence or inability.
The funds for the support of the office of the ombudsman shall be provided for in the act providing for the expenses of the legislature."]
SECTION 4. All rights, powers, functions, and duties of the office of the ombudsman are transferred to the office of the auditor.
All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.
An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.
If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 5. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the office of the ombudsman transferred to the office of the auditor shall be transferred with the functions to which they relate.
SECTION 6. All rules, policies, procedures, guidelines, and other material adopted or developed by the office of the ombudsman shall remain in full force and effect until amended or repealed by the office of the auditor pursuant to chapter 91, Hawaii Revised Statutes.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |