REPORT TITLE:
Recruitment; Public Employees


DESCRIPTION:
Allows state vacancies for professional and scientific positions
to be advertised with a salary range rather than at the initial
step, and allows the hiring of such staff at any appropriate
step, rather than at the initial step.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1042
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE RECRUITMENT OF EMPLOYEES FOR STATE SERVICE.



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

 1      SECTION 1.  Section 77-9, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "77-9  Initial appointments and shortage categories.(a)
 
 4 All initial appointments shall be made at the first step of the
 
 5 appropriate salary range[.], except as provided below.
 
 6      (b)  In the event that recruitment of an employee is not
 
 7 practicable at the first step, the director, after appropriate
 
 8 notice and advertising, may recruit at any step within the
 
 9 appropriate salary range at which a suitable employee can be
 
10 recruited.
 
11      (c)  Whenever a labor shortage exists in a class or group of
 
12 positions in a class, the director, with the prior approval of
 
13 the chief executive, may declare the class or group of positions
 
14 to be a shortage category.  The director may review the impact of
 
15 making such a declaration on other classes or groups of positions
 
16 in classes within the same series.  If the director finds that it
 
17 is necessary to preserve internal relationships within the
 
18 series, the director may declare those other classes or groups of
 
19 positions as related shortage categories.  The director shall
 

 
Page 2                                                     1042
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 review each shortage category periodically, but at least once
 
 2 each year, to determine whether the shortage category should be
 
 3 continued.  In making this determination, the following procedure
 
 4 shall be followed:
 
 5      (1)  The director shall set the new entry salary of a
 
 6           shortage category at an amount that is fair and
 
 7           reasonable and at which employees can be recruited from
 
 8           the labor market;
 
 9      (2)  The director shall set the new entry salary of a
 
10           related shortage category in consideration of
 
11           appropriate internal pay relationships;
 
12      (3)  Whenever a new entry salary is determined for a class
 
13           or group of positions in a class under paragraphs (1)
 
14           and (2), incumbents thereof who are being paid less
 
15           than the new entry salary shall have their pay adjusted
 
16           to an amount that is not less than the new entry salary
 
17           in a manner determined by the director;
 
18      (4)  In addition to establishing a new entry rate, the
 
19           director, if necessary to promote retention of existing
 
20           incumbents, may provide alternative adjustments to the
 
21           salaries of incumbents in a shortage category and
 
22           related shortage category.  No adjustment under this
 
23           paragraph shall result in a salary that exceeds the
 

 
Page 3                                                     1042
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1           maximum step of the pay range;
 
 2      (5)  The director is authorized to provide similar
 
 3           adjustments for positions and employees in the excluded
 
 4           managerial compensation plan;
 
 5      (6)  As a result of the periodic review of each shortage
 
 6           category, the director may adjust salaries established
 
 7           under this subsection.  If the director determines that
 
 8           a shortage no longer exists, the director shall
 
 9           reestablish the first step of the appropriate salary
 
10           range as the entry salary rate for the class or group
 
11           of positions;
 
12      (7)  In the event that the new entry salary for a shortage
 
13           category or related shortage category is subsequently
 
14           lowered, incumbents shall not have their pay reduced so
 
15           long as they remain in the same shortage class or group
 
16           of positions; and
 
17      (8)  If employees move from their respective shortage or
 
18           related shortage positions, the director shall adjust
 
19           their pay appropriately.
 
20      (d)  The director shall maintain a list of all recruitment
 
21 above the first step and shortage category determinations under
 
22 this section and the justifications therefor.
 
23      (e)  The director may announce vacancies at a range of
 

 
Page 4                                                     1042
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 rates, rather than at the first step as provided in subsection
 
 2 (a), for professional and scientific positions and positions in
 
 3 the excluded managerial compensation plan.  The range shall
 
 4 consist of the first step and may consist of additional steps or
 
 5 rates up to and including, but not exceeding, the midpoint of the
 
 6 salary range.
 
 7      (1)  The director shall determine the number of steps to be
 
 8           made available under this subsection at any given time
 
 9           and the minimum number of creditable years of
 
10           experience required.
 
11      (2)  The appointing authority, as part of the selection and
 
12           appointment process, may evaluate the relevancy of each
 
13           applicant's qualifications to the specific duties of
 
14           the position and, in recognition of pertinent education
 
15           or experience which exceed the minimum qualification
 
16           requirements of the class, may make an initial
 
17           appointment at an appropriate step within the
 
18           advertised range.  All such evaluations and
 
19           appointments shall be in accordance with the guidelines
 
20           adopted by the director.  Only excess experience or
 
21           equivalent education of a kind and level directly
 
22           relevant to the work to be performed by the appointee
 
23           shall be credited under this provision.
 

 
Page 5                                                     1042
                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      (3)  Nothing in this subsection precludes the employer from
 
 2           offering a higher starting rate under subsection (b) or
 
 3           (c)."
 
 4      SECTION 2.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 3.  This Act shall take effect upon its approval.