Civil Service; Exemptions

Exempts from civil service, services procured under the state
procurement code when the chief procurement officer certifies it
is either impractical or uneconomical to provide the service by
the use of civil service employees.

THE SENATE                              S.B. NO.           768
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 76-77, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "76-77  Civil service and exemptions.  The civil service to
 4 which this part applies comprises all positions in the public
 5 service of each county, now existing or hereafter established,
 6 and embraces all personal services performed for each county,
 7 except the following:
 8      (1)  Positions in the office of the mayor; provided that the
 9           positions shall be included in the position
10           classification plan;
11      (2)  Positions of officers elected by public vote, positions
12           of heads of departments, and positions of one first
13           deputy or first assistant of heads of departments;
14      (3)  Positions of deputy county attorneys, deputy
15           corporation counsel, deputy prosecuting attorneys, and
16           law clerks;
17      (4)  Positions of members of any board, commission, or
18           agency;
19      (5)  Positions filled by students; positions filled through

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                                     S.B. NO.           768

 1           federally funded programs which provide temporary
 2           public service employment such as the federal
 3           Comprehensive Employment and Training Act of 1973; and
 4           employees engaged in special research or demonstration
 5           projects approved by the mayor, for which projects
 6           federal funds are available;
 7      (6)  Positions of district judges, jurors, and witnesses;
 8      (7)  Positions filled by persons employed by contract where
 9           the personnel director has certified and where the
10           certification has received the approval of the
11           commission that the service is special or unique, is
12           essential to the public interest, and that because of
13           the circumstances surrounding its fulfillment,
14           personnel to perform the service cannot be recruited
15           through normal civil service procedures; provided that
16           no contract pursuant to this paragraph shall be for any
17           period exceeding one year;
18      (8)  Positions of a temporary nature needed in the public
19           interest where the need does not exceed ninety days;
20           provided that before any person may be employed to
21           render temporary service pursuant to this paragraph,
22           the director shall certify that the service is of a
23           temporary nature and that recruitment through normal

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                                     S.B. NO.           768

 1           civil service recruitment procedures is not
 2           practicable; and provided further that the employment
 3           of any person pursuant to this paragraph may be
 4           extended for good cause for an additional period not to
 5           exceed ninety days upon similar certification by the
 6           director and approval of the commission;
 7      (9)  Positions of temporary election clerks in the office of
 8           the county clerk employed during election periods;
 9     (10)  Positions specifically exempted from this part by any
10           other state statutes;
11     (11)  Positions of one private secretary for each department
12           head; provided that the positions shall be included in
13           the position classification plan;
14     (12)  Positions filled by persons employed on a fee,
15           contract, or piecework basis who may lawfully perform
16           their duties concurrently with their private business
17           or profession or other private employment, if any, and
18           whose duties require only a portion of their time,
19           where it is impracticable to ascertain or anticipate
20           the portion of time devoted to the service of the
21           county and that fact is certified by the director;
22     (13)  Positions filled by persons with a severe disability
23           who are certified by the state vocational

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                                     S.B. NO.           768

 1           rehabilitation office as able to safely perform the
 2           duties of the positions;
 3     (14)  Positions of the housing and community development
 4           office or department of each county; provided that this
 5           exemption shall not preclude each county from
 6           establishing these positions as civil service
 7           positions; [and]
 8     (15)  The following positions in the office of the
 9           prosecuting attorney:  private secretary to the
10           prosecuting attorney, secretary to the first deputy
11           prosecuting attorney, and administrative or executive
12           assistants to the prosecuting attorney; provided that
13           the positions shall be included in the position
14           classification plan[.]; and
15     (16)  Services obtained pursuant to chapters 102, 103, and
16           103D when the chief procurement officer of the county
17           certifies that it is either impractical or uneconomical
18           to provide the service by the use of civil service
19           employees.                                             
20      The director shall determine the applicability of this
21 section to specific positions and shall determine whether or not
22 positions excluded by paragraphs (7) and (8) shall be included in
23 the position classification plan.

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                                     S.B. NO.           768

 1      Nothing in this section shall be deemed to affect the civil
 2 service status of any incumbent private secretary of a department
 3 head who held that position on May 7, 1977."
 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.
 8                              INTRODUCED BY:______________________