THE SENATE

S.C.R. NO.

222

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING STATE DEPARTMENTS TO CONVERT EXEMPT EMPLOYEES TO CIVIL SERVICE IN ACCORDANCE WITH ACT 253, SESSION LAWS OF HAWAII 2000, AND ACT 300, SESSION LAWS OF HAWAII 2006.

 

 

 


     WHEREAS, Act 253, Session Laws of Hawaii 2000, amended public employment laws and rules that had evolved over decades by reforming the civil service system and making government more efficient, effective, and responsive; and

 

     WHEREAS, an important objective of civil service reform and Act 253, Session Laws of Hawaii 2000, was to increase the number of positions included in the civil service system, where appointments and promotions are made under a system of merit determined by competitive examination, and to decrease the use of exempt appointments, which are positions outside the civil service system; and

 

     WHEREAS, the Director of Human Resources Development was charged under Act 253, Session Laws of Hawaii 2000, with the responsibility of reviewing exempt positions and determining whether these positions should remain exempt permanently; and

 

     WHEREAS, if the Director of Human Resources Development determines that a position should no longer be exempt, the Director of Human Resources Development is supposed to consult with the appropriate appointing authority and remove the exemption from civil service; and

 

     WHEREAS, Act 253, Session Laws of Hawaii 2000, also required the Department of Human Resources Development to submit an annual report to the Legislature on the number of positions exempted from civil service prior to the effective date of Act 253, and to determine whether the position should remain exempt permanently or be converted to civil service; and

 

     WHEREAS, the Legislature adopted H.C.R. No. 94, H.D. 1, during the 2003 Regular Session, which requested the Director of Human Resources Development to submit annual reports as required under Act 253, Session Laws of Hawaii 2000; and

 

     WHEREAS, in response, the first report submitted to the Legislature from the Department of Human Resources Development on the number of exempt positions was submitted in 2004 and revealed that there were 2,150 positions exempted from the civil service under section 76-l6(b)(17), Hawaii Revised Statutes, and only two hundred fifty-five would be converted into civil service positions; and

 

     WHEREAS, the Legislature passed Act 300, Session Laws of Hawaii 2006, which set forth a fair process to convert positions from exempt to civil service in compliance with Act 253, Session Laws of Hawaii 2000; and

 

     WHEREAS, the Hawaii Government Employees Association/American Federation of State County and Municipal Employees and the Department of Human Resources Development subsequently negotiated a supplemental agreement in 2007 to facilitate the conversion of exempt positions to civil service by providing compensation incentives; and

 

     WHEREAS, the report submitted to the 2008 Regular Session of the Legislature by the Department of Human Resources Development on the number of exempt positions revealed a total of 2,178 exempt positions under section 76-16(b)(17), Hawaii Revised Statutes, and only eighteen of these exempt positions were converted to civil service between November 2006 and October 2007, leaving a total of 2,160 exempt positions under this particular exemption; and

 

     WHEREAS, although the Department of Human Resources Development has been supportive and helpful in developing the conversion process, other departments remain resistant to converting exempt positions to civil service despite the legislative mandates of Act 253, Session Laws of Hawaii 2000, and Act 300, Session Laws of Hawaii 2006; and

 

     WHEREAS, there are fundamental differences between civil service employment, which has tenure provided that performance requirements are met and maintained and consistent treatment statewide based upon civil service laws and rules, and exempt service, which is essentially "at will" employment with no formal system for consistency between departments; and

 

     WHEREAS, exempt employees who are within collective bargaining units do not have the same rights and benefits as their civil service counterparts in terms of actions relating to reduction-in-force or discipline; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the House of Representatives concurring, that the heads of the Departments of Budget and Finance; Business, Economic Development, and Tourism; Commerce and Consumer Affairs; Hawaiian Home Lands; Health; Human Services; Labor and Industrial Relations; Land and Natural Resources; and Public Safety, respectively, are requested to submit reports to the Legislature no later than twenty days prior to the convening of the 2009 Regular Session on the number of exempt positions under section 76-16(b)(l7), Hawaii Revised Statutes, that have been converted to civil service in their respective departments; and

 

     BE IT FURTHER RESOLVED that these departments are further requested to convert all exempt clerical and paraprofessional positions to civil service by December 31, 2008; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Finance; the Director of Business, Economic Development, and Tourism; the Director of Commerce and Consumer Affairs; the Chairperson of the Hawaiian Homes Commission; the Director of Health; the Director of Human Services; the Director of Labor and Industrial Relations; the Chairperson of the Board of Land and Natural Resources; the Director of Public Safety; the Director of Human Resources Development; and the Executive Director of the Hawaii Government Employees Association.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Exempt Civil Service Employees