Report Title:

University of Hawaii civil service system

Description:

Authorizes the establishment of a separate civil service system for employees of the University of Hawaii.

THE SENATE

S.B. NO.

55

TWENTY-SECOND LEGISLATURE, 2003

 

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. 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 3. Section 76-17, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In conformity with chapter 91, the director shall prescribe rules to carry out this chapter which shall have the force and effect of law[.], except that, in the case of the University of Hawaii, the adoption, amendment, or repeal of rules shall be subject to the approval of the chief executive. The rules may include any matter not inconsistent with law concerning the establishment and maintenance of a system of personnel management based on the merit principle, including but not limited to matters set forth in this chapter, and may be amended or repealed in like manner as the same were adopted. The rules shall be in conformity with principles of good public administration."

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 as follows:

1. By amending subsection (d) to read:

"(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."

2. By amending subsection (f) to read:

"(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 agency or major division, 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 president of the University of Hawaii, or a household employee at [Washington Place] the respective official residences of the governor or president of the University of Hawaii;

(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' offices 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;

(16) Staff of the Hawaii labor relations board; or

(17) Employees of the Hawaii national guard youth challenge academy."

SECTION 7. 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. 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, e.g., classification, 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. Employees shall continue to be included as civil service employees of the executive branch until the University of Hawaii has fully implemented its civil service system.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $302,240 or so much thereof as may be necessary for fiscal year 2003-2004 for six professional and two clerical support full-time equivalent positions to implement this Act.

The sum appropriated shall be expended by the University of Hawaii for the purposes of this Act.

SECTION 9. There is appropriated out of the general revenues of the State of Hawaii the sum of $50,000 or so much thereof as may be necessary for fiscal year 2003-2004 for equipment, supplies, and other related costs.

The sum appropriated shall be expended by the University of Hawaii for the purposes of this Act.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect on ; provided that sections 8 and 9 shall take effect on July 1, 2003.

INTRODUCED BY:

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