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HOUSE OF REPRESENTATIVES
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO AUTHORIZING THE ESTABLISHMENT OF A SEPARATE CIVIL SERVICE SYSTEM FOR EMPLOYEES OF THE UNIVERSITY OF HAWAII.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to authorize the University of Hawaii to establish a separate civil service system. The legislature previously authorized the judiciary and the Hawaii health systems corporation to separate from the State civil service system and the same is intended for the University of Hawaii.
Under Act 253, Session Laws of Hawaii 2000, the judiciary and the Hawaii health systems corporation were granted recognition as separate employer jurisdictions with voting rights for collective bargaining purposes. The legislature also intends that the same be extended to the University of Hawaii.
SECTION 2. Chapter 76, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§76- Employees of the University of Hawaii. It is the intent of the legislature that the personnel of the University of Hawaii shall constitute a separately administered part of the system of personnel administration established by this chapter, unless specifically exempted by this chapter or any other law; provided that:
(1) The University of Hawaii shall have a status coequal with the executive branch of the State, the several counties, the judiciary and the Hawaii health care system corporation for purposes of:
(A) Developing a position classification plan;
(B) Formulating personnel rules; and
(C) Administrating the University of Hawaii personnel system, including classification, reclassification, allocation, and reallocation of a particular position; the publication of a vacancy announcement; the examination of applicants; and the preparation of eligible lists;
(2) In the initial development of a position classification plan, the formulation of personnel rules and regulations, and the administration of the University of Hawaii personnel system, the University may consult with the director of human resources development.
§76- University of Hawaii; powers and duties. All of the powers and duties assigned in parts I and II of this chapter to the governor or the director of human resources development shall with respect to the University of Hawaii be assigned to the board of regents' designee.
§76- Civil service for the University of Hawaii.(a) There shall be a civil service system for the University of Hawaii. Except as otherwise specifically provided in this section, all of the provisions of part II shall apply to the University of Hawaii.
(b) All of the powers and duties assigned to the director of human resources development in part II of this chapter, with respect to the University of Hawaii, shall be exercised by the University of Hawaii board of regents' designee.
(c) When applying part II of this chapter to the University of Hawaii:
"Department" means the University of Hawaii;
"Director" means the president;
"Governor" means the president; and
"State" means the University ofHawaii."
SECTION 3. Section 76-11, Hawaii Revised Statutes, is amended by amending the definition of "chief executive" to read as follows:
""Chief executive" means the governor, the respective mayors, the chief justice of the supreme court, the president of the University of Hawaii, and the chief executive officer of the Hawaii health systems corporation. It may include the superintendent of education [and the president of the University of Hawaii] with respect to [their] employees on any matter that applies to employees in general, including employees who are not covered by this chapter."
SECTION 4. Section 76-47, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The merit appeals board shall adopt rules of practice and procedure consistent with section 76-14 and in accordance with chapter 91, except that, in the case of the judiciary, the University of Hawaii, and the Hawaii health systems corporation, the adoption, amendment, or repeal of rules shall be subject to the approval of their respective chief executives. The rules shall recognize that the merit appeals board shall sit as an appellate body and that matters of policy, methodology, and administration are left for determination by the director. The rules may provide for the sharing of specific expenses among the parties that are directly incurred as a result of an appeal as the merit appeals board deems would be equitable and appropriate, including but not limited to expenses for transcription costs or for services, including traveling and per diem costs, provided by persons other than the board members or permanent staff of the board. Official business of the merit appeals board shall be conducted in meetings open to the public, except as provided in chapter 92."
SECTION 5. Section 89-2, Hawaii Revised Statutes, is amended by amending the definition of "jurisdiction" to read as follows:
"Jurisdiction" means the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, the University of Hawaii, and the Hawaii Health systems corporation."
SECTION 6. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers:
(1) For bargaining units (1), (2), (3), (4), (9), (10), and (13), the governor shall have [
six] seven votes and the mayors, the chief justice, the board of regents of the University of Hawaii, and the Hawaii health systems corporation board shall each have one vote if they have employees in the particular bargaining unit;
(2) For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote;
(3) For bargaining units (5) and (6), the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote;
(4) For bargaining units (7) and (8), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.
Any decision to be reached by the applicable employer group shall be on the basis of simple majority, except when a bargaining unit includes county employees from more than one county. In such case, the simple majority shall include at least one county."
SECTION 7. Section 89-6, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:
(1) Elected or appointed official;
(2) Member of any board or commission;
(3) Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county or major division[,]; the vice presidents, chancellors, deans, directors, and provosts of the University of Hawaii; and legal counsel;
(4) Secretary to top-level managerial and administrative personnel under paragraph (3);
(5) Individual concerned with confidential matters affecting employee-employer relations;
(6) Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);
(7) Temporary employee of three months' duration or less;
(8) Employee of the executive office of the governor or a household employee at Washington Place;
(9) Employee of the executive office of the lieutenant governor;
(10) Employee of the executive office of the mayor;
(11) Staff of the legislative branch of the State;
(12) Staff of the legislative branches of the counties, except employees of the clerks' office of the counties;
(13) Any commissioned and enlisted personnel of the Hawaii national guard;
(14) Inmate, kokua, patient, ward, or student of a state institution;
(15) Student help; or
(16) Staff of the Hawaii labor relations board."
SECTION 8. Employees of the University of Hawaii covered under the State's civil service system shall continue to be covered by the State's civil service system, in whole or in part, until the establishment of a separate civil service system is completed. The University of Hawaii and the department of human resources development shall work cooperatively to expedite the transition to a separate civil service system, which may occur as various functions are ready for transitioning,such as, classification and merit appeals board, etc. The University of Hawaii shall provide sufficient advance notice to all affected agencies and individuals of the specific dates when the transition of various functions take effect.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect on July 1, 2002; provided that sections 5, 6, and 7 of this Act shall take effect upon approval.