REPORT TITLE:
County/Civil Service


DESCRIPTION:
Adds new exemptions from county civil service.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           80
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CIVIL SERVICE.



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

 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 and services in
 
 5 the public service of each county, now existing or hereafter
 
 6 established, and embraces all personal services performed for
 
 7 each county, 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,
 
16           special counsel, and 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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 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
 
 5           demonstration projects approved by the mayor[, for
 
 6           which projects federal funds are available];
 
 7      (6)  Positions of [district judges, jurors, and] witnesses;
 
 8      (7)  Positions filled and services performed by persons
 
 9           employed by contract where the personnel director has
 
10           certified and where the certification has received the
 
11           approval of the commission that the service is special
 
12           or unique[,] or is essential to the public interest,
 
13           and that because of the circumstances surrounding its
 
14           fulfillment, personnel to perform the service cannot be
 
15           recruited through normal civil service procedures;
 
16           provided that no contract pursuant to this paragraph
 
17           shall be for any period exceeding one year;
 
18      (8)  Positions and services of a temporary nature needed in
 
19           the public interest where the need does not exceed
 
20           [ninety days;] one year; provided that before any
 
21           person may be employed to render the temporary service
 
22           pursuant to this paragraph, the director shall certify
 
23           that the service is of a temporary nature and that
 

 
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                                     S.B. NO.           80
                                                        
                                                        

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

 
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                                     S.B. NO.           80
                                                        
                                                        

 
 1           fact is certified by the director;], where it is
 
 2           economically practical or where such service is
 
 3           intermittently required by regulatory or environmental
 
 4           mandates;
 
 5     (13)  Positions filled by inmates, kokuas, patients of state
 
 6           institutions, and persons with a severe mental or
 
 7           physical disability who are certified by the state
 
 8           vocational rehabilitation office or other appropriate
 
 9           office as able to safely perform the duties of the
 
10           positions[;] in work experience training programs;
 
11     (14)  Positions and services performed by private entities on
 
12           behalf of the housing and community development office
 
13           or department of each county; provided that this
 
14           exemption shall not preclude each county from
 
15           establishing these positions as civil service
 
16           positions; [and]
 
17     (15)  The following positions in the office of the
 
18           prosecuting attorney:  private secretary to the
 
19           prosecuting attorney, secretary to the first deputy
 
20           prosecuting attorney, and administrative or executive
 
21           assistants to the prosecuting attorney; provided that
 
22           the positions shall be included in the position
 
23           classification plan[.];
 

 
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                                     S.B. NO.           80
                                                        
                                                        

 
 1     (16)  Positions for temporary employment of senior citizens
 
 2           in occupations in which there is a severe personnel
 
 3           shortage or in special projects;
 
 4     (17)  Positions filled by the county council or any committee
 
 5           thereof; or
 
 6     (18)  Positions and services required to periodically
 
 7           maintain and repair specialized equipment where such
 
 8           services are required to be performed by the equipment
 
 9           manufacturer or persons certified and trained to
 
10           perform such maintenance and repair work.
 
11      The director shall determine the applicability of this
 
12 section to specific positions and shall determine whether or not
 
13 positions excluded by paragraphs (7) and (8) shall be included in
 
14 the position classification plan.
 
15      Nothing in this section shall be deemed to affect the civil
 
16 service status of any incumbent private secretary of a department
 
17 head who held that position on May 7, 1977."
 
18      SECTION 2.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 3.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY:  _______________________