Report Title:

Public Employees; Employment Records; Records Management System

Description:

Establishes a definition of "employment records" for public employment purposes, and guidelines for each public employer's employment records management system; provides that the system shall not be subject to collective bargaining negotiations (HB2229 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

2229

TWENTY-SECOND LEGISLATURE, 2004

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to employment records.

 

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

SECTION 1. Section 76-11, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Employment record" means, notwithstanding the terms of any collective bargaining agreement, the information acquired and maintained by each employer's central personnel agency or central payroll agency, which tracks and records events and transactions in each employee's work history with the employer. The information may include but is not limited to a chronological listing of events and transactions related to an employee such as:

(1) Date of hire;

(2) Classification;

(3) Dates of salary adjustment;

(4) Dates of promotion, demotion, or transfer;

(5) Salary and salary adjustments;

(6) Types of leaves of absence;

(7) Dates of leaves of absence;

(8) Dates of disciplinary actions;

(9) Dates of retirement, resignation, or termination; and

(10) Copies of supporting documents for these events and transactions."

SECTION 2. Section 76-28, Hawaii Revised Statutes, is amended to read as follows:

"76-28 [Forms required of appointing authorities.] Employment records management system. (a) Each director shall develop and administer an employment records management system in conformance with subsection (b) and require appointing authorities to transmit such records as the director may request. Appointing authorities shall maintain records as required by the respective directors. The records maintained by the appointing authorities may include but need not be limited to records of all appointments, terminations of employment, transfers, resignations, suspensions, demotions, and discharges, and other employment records and forms deemed appropriate by the director.

(b) The records management system shall:

(1) Ensure the preservation of an accurate and complete employment record of information on final actions and dispositions; and

(2) Establish appropriate protections for employment records to prevent the alteration, destruction, and expunging of the information in each employee's employment record,

that is acquired and maintained or summarized by each employer's central personnel agency or central payroll agency. The employment records management system shall not be subject to negotiations under chapter 89."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect July 1, 2099.