THE SENATE

S.R. NO.

32

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

SENATE RESOLUTION

 

 

AmendiNG THE SEnate ADMINISTRATIVE AND FINANCIAL MANUAL OF THE SENATE OF THE TWENTY-fourth LEGISLATURE.

 

 


     BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, that the following provisions of the 2007-2008 Administrative and Financial Manual of the Senate of the State of Hawaii, the Twenty-fourth Legislature, be amended as follows:

 

     1.  That Title 1 is amended by adding a new chapter to be appropriately designated and to read:

 

"Chapter  .  Forms

 

     Sec.  .1.  Scope of chapter.  This chapter contains provisions of general applicability to the establishment and use of administrative forms of the Senate.

 

     Sec.  .2.  Establishment and use of forms.  The forms attached to this manual as exhibits serve as examples only.  The President at any time may prescribe revisions to such forms; provided that any information required by such forms does not conflict with any requirement found within this manual."

 

     2.  That Title 1, chapter 1, section 1.4, is amended to read:

 

     "Sec. 1.4.  Non-Oahu legislators' session allowance.  When the legislature is in session, each non-Oahu legislator is allowed such amount per day as provided by statute for lodging, subsistence, and other incidental expenses necessitated by the legislator's presence on Oahu.  The use of the allowance is not subject to reporting or accounting, and the amount of the allowance is not subject to reduction or adjustment by reason of the receipt of any other allowance provided by statute or under any other section of this manual.  The allowance is payable for each day during the session, including Saturdays, Sundays, holidays, the constitutionally mandated recess days, and days of a recess[.], but shall not be payable for recesses of more than three consecutive recess days or for days of unexcused absences from the meeting of the Senate while the legislator is on Oahu.  Non-Oahu legislators shall be paid their session allowance on Monday after each pay period.  A pay period begins on Sunday and ends the following Saturday."

 

     3.  That Title 1, chapter 3, is repealed:

 

["Chapter 3.  Postage/Mailing/Copying Policy

 

     Sec. 3.1.  Scope of chapter.  This postage and mailing policy is to establish a standard to guide the use of public funds for postage and mailing purposes.  This policy seeks to maintain general flexibility for members of the Senate to accomplish their official functions and duties while providing accountability for this use of public funds by Senate members.

 

     Sec. 3.2.  Public funds for postage and mailing.  Public funds for postage and mailing shall be used solely for the mailing of official material such as public notices and official correspondence.  The use of public funds for the mailing of personal material not reasonably related to the legislator’s official legislative work is prohibited.

 

     Sec. 3.3.  Accounting.  The Senate Sergeant-at-Arms Office shall maintain records and accounts for each Senate member listing the amounts of public funds spent by the members for postage, subject to the following maximums:

 

     (a)  $750/month during the regular and special sessions for the President, the Vice President, and the chairs of the Committees on Ways and Means, Judiciary, and Commerce, Consumer Protection and Housing;

 

     (b)  $500/month during regular and special sessions for the Majority Leadership, the Minority Leader, and the chairs of all other standing committees;

 

     (c)  $250/month during regular and special sessions for all other Senate Members; and

 

     (d)  $100/month for all members regardless of positions when not in session.

 

     For mailing over 50 pieces, a copy shall be left with the Sergeant-at-Arms Office.

 

     Sec. 3.4.  Approval of President.  Approval of the President shall be required whenever a member seeks to use public funds in excess of the ceiling established in section 3.3.  Approval shall be given only where the legislative business nature of the matter is well justified.

 

     Sec. 3.5.  Copying policy.  The copying policy of the Senate is established under Title 8, chapter 2 of this manual."]

 

     4.  That Title 2, chapter 1, section 1.3, is amended to read:

 

     "Sec. 1.3.  Travel policy for intrastate travel by non-Oahu Senators during session.  It shall be the policy of the Senate that, during the time period in which the Senate is in session, each non-Oahu Senator shall be entitled to one intrastate round trip per week, plus an additional two intrastate round trips per month.  In addition to the travel authorized under the previous sentence, non-Oahu Senators who represent more than one island shall be entitled to one additional intrastate round trip per month.  All intrastate travel authorized under this section that is in addition to the one intrastate round trip per week shall be taken at each individual non-Oahu Senator's discretion; provided that each non-Oahu Senator shall submit a written justification for the trips taken.

 

     [During session, each non-Oahu Senator shall be entitled to the maximum allowance for each day the Senator is on Oahu while the Senate is in session or in recess.]"

 

     5.  That Title 2, chapter 1, section 1.11, is amended to read:

 

     "Sec. 1.11.  Maximum allowance; defined.  For the purposes of this title, "maximum allowance" means the maximum allowance for intrastate, interstate, or international travel as [is authorized pursuant to a collective bargaining agreement executed pursuant to chapter 89, Hawaii Revised Statutes.] provided by statute."

 

     6.  That Title 2, chapter 3, section 3.1, is amended to read:

 

     "Sec. 3.1.  Scope of chapter.  The costs of meals, lodging, [tips, laundry,] ground transportation, and other necessary personal travel expenses are payable by the Senate through a per diem allowance or direct reimbursement to the legislator or employee.  Sections 24-3 to 24-5, HRS, provide the statutory basis for the payment of the per diem allowance to legislators.  Section 22-4, HRS, provides the statutory basis for the payment of the per diem allowance to Senate employees.  This chapter delineates how the statutory provisions are to be implemented."

 

     7.  That Title 2, chapter 4, section 4.7, is amended to read:

 

     "Sec. 4.7. Mileage allowance for employees.  The use of personal vehicles for official legislative business may be reimbursable.  The reimbursement rate [(.33 cents per mile)] shall be the same as provided in [section 6-l2(a),] section 612-8(a) Hawaii Revised Statutes.  Where extensive and frequent use is made by an employee of the employee's personal automobile in the normal discharge of duties, the President, in consultation with the Vice President, may authorize the payment to the employee of a monthly allowance for such use, not exceeding $300 a month.  The monthly allowance is in lieu of reimbursements on the mileage basis.  The monthly allowance is subject to adjustment from time to time, depending on the frequency of use of the employee's automobile in discharge of the employee's duties."

 

     8.  That Title 3, chapter 2, section 2.1, is amended to read:

 

     "Sec. 2.1.  Requirements and procedures.  The following identifies the requirements and procedures to purchase goods and services for an amount less than [$25,000] $50,000 and construction for an amount less than [$25,000:] $50,000:

 

     (1)  If the requested goods and services are available through current price lists, the purchase(s) shall be made from the price lists.

 

     (2)  Purchases of goods, services and construction under [$100] $500 do not require price quotations.  A memorandum requesting the purchase shall be submitted to the President or a designee for approval, prior to purchase.

 

     (3)  The procedures to purchase goods and services equal to or greater than [$100] $500 and less than [$25,000] $15,000 and construction greater than [$100] $500 and less than [$25,000] $15,000 are as follows:

 

          (A)  Contact Senate Supply and provide a description and the quantity of the goods, services or construction sought.  If the items are available on a price list, Senate Supply shall obtain them from the price list.

 

          (B)  If items are not available through a price list, three price quotes shall be obtained.

 

              [1.] (i) If the estimated total cost of the purchase of goods, services or construction is greater than $500 but less than [$1,000,] $5,000, price quotations shall be obtained in writing, by fax, or verbally; or

 

              [2.] (ii) If the estimated total cost of the purchase of goods and services is at least [$1,000,] $5,000, but less than [$25,000,] $15,000, or for construction of at least [$1,000,] $5,000, but less than [$25,000,] $15,000, price quotations shall be obtained in writing or by fax.

 

          (C)  A memorandum requesting the purchase of goods and services shall be submitted to the President for approval, prior to purchase.  The memorandum shall include:

 

              [1.] (i)  A description of the goods [or], services, or construction to be purchased;

 

              [2.] (ii)  Justification of the purchase;

 

              [3.] (iii)  Identification of the three vendors with corresponding price quotes; and

 

              [4.] (iv)  Recommendation as to which vendor shall be selected.

 

     (4)  The procedures to purchase goods and services equal to or greater than $15,000 and less than $50,000 and construction greater than $15,000 and less than $50,000 are as follows:

 

          (A)  The Senate shall utilize and follow the procedures of the State Procurement Office's Hawaii Electronic Procurement System (HePS).

 

          (B)  A memorandum requesting the purchase of goods and services shall be submitted to the President for approval, prior to purchase.  The memorandum shall include:

 

              (i)   A description of the goods, services, or construction to be purchased;

 

              (ii)  Justification of the purchase;

 

              (iii) Identification of the three vendors with corresponding price quotes; and

 

              (iv)  Recommendation as to which vendor shall be selected."

 

     9.  That Title 3, chapter 3, section 3.1, is amended to read:

 

     "Sec. 3.1.  Requirements and procedures.  The following identifies the requirements and procedures to purchase goods, services of [$25,000] $50,000 or greater and construction of [$25,000] $50,000 or greater.

 

     (1)  Purchases of goods and services of [$25,000] $50,000 or greater or purchases of construction of [$25,000] $50,000 or greater [require a competitive sealed bid or competitive sealed proposal.] shall utilize and follow the procedures of the State Procurement Office's Hawaii Electronic Procurement System (HePS).

 

     (2)  A memorandum requesting to initiate the competitive sealed bid/proposal process shall be submitted to the President for approval.  No action shall be taken until the memorandum has been approved.  The memorandum shall include:

 

          (A)  A description of the goods, services or construction to be purchased;

 

          (B)  Justification of the purchase;

 

          (C)  Cost estimates; and

 

          (D)  Other pertinent information (i.e., specifications, time constraints)."

 

     10.  That Title 6, chapter 1, section 1.2, be amended to read:

 

     "Sec. 1.2. Support to individual senators.  Each Senator is authorized to appoint employees to serve as the Senator's personal staff.

 

A.   Legislative Office Manager

 

          Duties and responsibilities.  Legislative Office Managers shall be appointed by individual legislators to manage the affairs of the legislator's office.  Under the general supervision and direction of a Senator, a Legislative Office Manager shall:

 

(1)  Perform a variety of information gathering fundamental to all varieties of legislative research;

 

(2)  Participate intensively in the management and day-to-day operations of the office;

 

(3)  Perform related duties as assigned by the member; and

 

(4)  Maintain confidentiality.

 

     Recommended minimum qualifications.  The recommended qualifications of the Legislative Office Manager shall include knowledge of office practices and procedures as they relate to legislative operations; the operation and operational maintenance of various office appliances and equipment; basic principles, methodology, and techniques of legislative research; government programs and policies; and the legislative process and operations.

 

     In addition, the Legislative Office Manager shall have the ability to plan, organize, and carry out a broad range of functions, including preparing for public hearings or informational briefings; preparing correspondence, summaries, and congratulatory certificates requiring judgment as to appropriate format and conforming to all the rules of grammar and style; communicating effectively and deal tactfully with others; maintaining confidentiality; and, for some positions, computer proficiency.

 

B.   Legislative Assistant

 

     Duties.  Under the supervision of a Senator, answers all inquiries of and provides assistance to the Senator's constituents; compiles and maintains a file on legislative measures introduced by the Senator; coordinates the Senator's public relations; maintains the Senator's appointment calendar; performs receptionist duties; maintains correspondence files; provides typing and clerical services; maintains office reference materials and personnel records of the office; controls office equipment and supplies; handles routine inquiries from the public; and performs other duties as assigned by the Senator.  A legislative assistant shall maintain confidentiality.  For a majority party Senator who is a chair of a Senate standing committee, it is recommended that the Senator's Legislative Assistant also serve as the Senator's committee clerk and be able to perform the duties and meet the qualifications specified in section 1.5(A) of this chapter.

 

     Recommended minimum qualifications.  The ability to handle personal and confidential matters; some familiarity with the legislative process; the ability to communicate with the public; knowledge of office procedures and practices; the ability to deal with a variety of tasks and to solve problems as they arise; and proficiency in the use of personal computers.

 

C. Other Support Staff

 

     In addition to the above position, each Senator may employ additional support personnel during the session such as clerk-typists and research assistants provided the Senator does not exceed the daily dollar allotment for staff salaries as authorized by the Senate.  Thus, the size and makeup of each Senator's personal staff varies from Senator to Senator depending on the utilization pattern by each Senator of the Senator's authorized daily allotment.

 

     The term of employment of any employee hired under this section shall co-terminate with the Senator's term of office if the employee's employing Senator retires from the elective office of Senator, is not re-elected, or otherwise leaves or is removed from the elective office of Senator."

 

     11.  That Title 6, chapter 1, section 1.3, be amended to read:

 

     "Sec. 1.3.  Senate majority party support staff.  The Senate majority party support staff consists of a director, majority attorney, assistant director, attorneys, researchers, secretaries and such other staff as may be authorized by the President.

 

     A.   Director

 

              Appointed by the President.

 

              Duties.  The administrative head of the Senate Majority Research Office, manages the daily operations of the Office; reviews the work of the Senate Majority Research Office staff; assists in identifying issues, trends, and problems of significance to the Legislature; plans and coordinates a training program for Senate staff; and performs other related duties as directed by the President.

 

              Qualifications.  The minimum qualifications for the Director shall include knowledge of government policies and programs, familiarity with research and statistical methodology, and familiarity with the legislative process.  The Director shall have planning, supervisory, and organization skills, be able to work effectively under pressure and meet deadlines, communicate clearly, concisely, and effectively, exercise tact and judgment, and maintain confidentiality.

 

     B.   Majority Attorney

 

              Appointed by the President to service the majority membership of the Senate.

 

              Duties.  The chief legal counsel of the Senate, renders legal advice, opinions, and counsel to members of the Senate on matters pertaining to the performance of their legislative duties, to legislative business, and to such other legal matters as may affect the Senate and its members; coordinates the legal research conducted by Senate Majority Research Office attorneys and reviews all legal memoranda resulting therefrom; coordinates and conducts legal reviews of draft and final legislation and committee reports; and performs other related duties as directed by the President.

 

              Qualifications.  The minimum qualifications of the Majority Attorney shall include a graduate degree (J.D.) from an accredited law school and a license to practice in the State of Hawaii and federal district courts.  The Majority Attorney shall be familiar with the legislative process, bill drafting techniques, and federal, state, and county laws, rules, organization, functions, operations, policies, programs, and procedures.

 

              In addition, the Majority Attorney shall have the ability to supervise subordinates, maintain confidentiality, deal effectively with government officials, apply ingenuity and inventiveness in devising solutions to problems of unusual difficulty and precedent establishing nature, work effectively under pressure and meet deadlines, train and develop the skills of legislative attorneys and other staff, and write and communicate clearly, concisely, persuasively, and effectively.

 

     C.   Assistant Director/Assistant Majority Attorney

 

              Appointed by the President in consultation with the Majority Attorney and Director.

 

              Duties.  Under the supervision of the Director or Majority Attorney, as appropriate, assists the Director with managing the daily operations of the Office; assists the Majority Attorney in fulfilling the Majority Attorney's duties; reviews the work of the Senate Majority Research Office staff; assists in identifying issues, trends, and problems of significance to the Legislature; performs other related duties as directed by the Director or the Majority Attorney; and serves as the Acting Director or Acting Majority Attorney, as appropriate, in their absence.

 

              Qualifications.  The minimum qualifications for the Assistant Director/Assistant Majority Attorney shall include a graduate degree (J.D.) from an accredited law school and a license to practice in the State of Hawaii and federal district courts.  The Assistant Director/Assistant Majority Attorney shall be familiar with the legislative process, bill drafting techniques, and federal, state, and county laws, rules, organization, functions, operations, policies, programs, and procedures.

 

              In addition, the Assistant Director/Assistant Majority Attorney shall have the ability to supervise subordinates, maintain confidentiality, work effectively under pressure and meet deadlines, train and develop the skills of legislative attorneys and other staff, and write and communicate clearly, concisely, persuasively, and effectively.

 

 

     [C.] D. Attorneys

 

              Appointed by the President in consultation with the Majority Attorney and Director.

 

              Duties.  Under the supervision of the Director, attorneys may be assigned to the Majority Attorney to conduct legal research, draft legal memoranda, and conduct legal review of legislation and committee reports.  Attorneys who serve as attorney/researchers also perform duties of researchers described below under the supervision of the Director and perform other duties as may be assigned by the Majority Attorney or Director.

 

              Qualifications.  The minimum qualifications of Senate Attorneys shall include a graduate degree (J.D.) from an accredited law school.  It is desirable, although not necessary, that an attorney has successfully completed the Hawaii Bar examination and is qualified to be licensed to practice law in Hawaii and federal courts.  In addition, Senate Attorneys shall demonstrate familiarity with federal, state, and county laws, rules, organization, functions, operations, policies, programs, and procedures, knowledge of legislative drafting techniques, familiarity with precedent setting opinions rendered by courts that may have impact on state and county government, maintain confidentiality, and the ability to write and communicate clearly, concisely, and effectively.

 

     [D.] E. Researchers

 

              Appointed by the President in consultation with the Director.

 

              Duties.  Under the supervision of the Director, researchers draft legislation, committee reports, speeches, and congratulatory and other certificates of recognition; provide training and consultative assistance to session staff; conduct factfinding, evaluative, and investigative research; analyze data; and make recommendations in the form of research memoranda, letters, information briefs, or reports.  Researchers also respond to inquiries from Senators and their staff and other government agencies and perform other duties as may be assigned by the Director.

 

              Qualifications.  Experience in performing research-related work for the legislature; knowledge of State programs and of the legislative process; and the ability to draft reports and legislation.

 

     [E.] F. Administrative Services Manager

 

          Appointed by the Director subject to the approval of the President.

 

              Duties.  Serves as the executive secretary to the Director.  Under the supervision of the Director, assists the Director in managing the daily operations of the Senate Majority Research Office, maintains internal office records, including personnel and correspondence files; maintains reference materials and report files; conducts and maintains an inventory of office equipment and supplies; and assists the Director in coordinating the Senate's reporting requirements under the Uniform Information Practices Act.  Assists the Secretarial Pool Supervisor with word processing duties.  Performs other duties as may be assigned by the Director.

 

              Qualifications.  The minimum qualifications of the Administrative Services Manager shall include knowledge of supervisory principles and practices, general administrative principles and procedures applicable to organizations, general office practices and procedures, and the operation and maintenance of various office appliances and equipment.  In addition, the Administrative Services Manager shall be able to supervise, plan, and organize a broad range of secretarial and office functions, develop a working knowledge of the responsibilities and practices of the Legislature and the Senate, comprehend and implement the policies of the Senate Majority Research Office, serves as the Senate Majority Research Office's liaison on matters pertaining to the legislative computer system, work effectively and meet deadlines, proof and edit legislative documents, legal memoranda, and complex correspondence requiring judgment as to appropriate format and conformance to the rules of grammar and style, communicate clearly, concisely, and effectively, exercise tact and judgment, and maintain confidentiality.

 

     [F.] G. Secretarial Pool Supervisor

 

              Appointed by the Director subject to the approval of the President.

 

              Duties.  In addition to the duties of a secretary as described below, under the direction of the Administrative Services Manager, oversees and coordinates the requests for service and the workload of the secretarial pool, and trains and supervises any temporary word processing staff hired during the session.

 

              Qualifications.  The minimum qualifications of the Secretarial Pool Supervisor shall include a knowledge of grammar, spelling, general office practices and procedures, the operation of various office appliances and equipment, knowledge of the legislative computer system and its applications, proficiency in the use of personal computers, and knowledge of secretarial principles and practices.  In addition, the Secretarial Pool Supervisor shall have the ability to supervise, plan, organize, and carry out a broad range of secretarial and clerical functions; develop a working knowledge of legislative procedures and practices, work effectively under pressure and meet deadlines; type accurately at an acceptable rate of speed, prepare and edit legislative documents, legal memoranda, and complex correspondence requiring judgment as to appropriate form and conformance to the rules of grammar and style, maintain confidentiality, and communicate effectively and deal tactfully with others.

 

     [G.] H. Secretaries

 

              Appointed by the Director subject to the approval of the President.

 

              Duties.  Under the supervision of the Director, primarily responsible for the Senate Majority Research Office's word processing needs with respect to correspondence, legislative documents, reports, and manuals drafted by the attorneys and researchers.  Maintains the request for service log and files.  Assists the Administrative Services Manager with the office equipment, supplies, and receptionist duties.  Assists attorneys and researchers in performing certain ministerial research tasks.

 

              Qualifications.  The minimum qualifications of a Secretary shall include the ability to type accurately at an acceptable rate of speed, proficiency in the use of personal computers, knowledge of office procedures and practices, and the ability to deal with a variety of secretarial tasks and solve problems as they arise."

 

     12.  That Title 6, chapter 1, section 1.5, be amended by amending the position descriptions for committee clerks and attorneys to read:

 

     "A.  Committee Clerks

 

              Appointed by the respective committee chairpersons [for the session].

 

              Duties.  Under the general direction of the committee chairperson, coordinates committee hearings, meetings, and field trips; processes all committee correspondence; assembles and prepares bills and testimonies for hearings; drafts resolutions and committee reports; digests legislation referred to the committee; reviews reports and recommends courses of action to the committee chairperson; and performs other related duties as required.

 

              Qualifications.  Familiarity with the legislative process and operations; ability to deal with government officials, legislators, and the general public; proficient in the use of personal computer systems of the Legislature; some knowledge of office procedures and practices; and the ability to review bills and draft committee reports.

 

     B.   Attorneys

 

              Appointed by the respective committee chairpersons for the session.

 

              Duties.  Under the supervision of the committee chairperson, conducts legal research, drafts legal memoranda, and conducts legal review of legislation and committee reports.

 

              Qualifications.  The minimum qualifications of attorneys shall include a graduate degree (J.D.) from an accredited law school.  It is desirable, although not necessary, that an attorney has successfully completed the Hawaii Bar examination and is qualified to be licensed to practice law in Hawaii and federal courts.  In addition, attorneys shall demonstrate familiarity with federal, state, and county laws, rules, organization, functions, operations, policies, programs, and procedures, knowledge of legislative drafting techniques, familiarity with precedent setting opinions rendered by courts that may have impact on state and county government, maintain confidentiality, and the ability to write and communicate clearly, concisely, and effectively."

 

     13.  That Title 6, chapter 1, section 1.8, be amended to read:

 

     "Sec. 1.8.  Administrative Support Staff.  Administrative support services for the Senate is provided by permanent and session employees.  Permanent employees include the Clerk, Assistant Clerk, Sergeant-At-Arms, Assistant Sergeant-at-Arms, Journal Clerk, Assistant Journal Clerk, [,] Administrative Services Manager, Receptionist, Human Resources Specialist,  Data Systems Manager, Program Analysts, Accountant, Account Clerks, Printshop Manager and Assistant Printshop Manager.  Session employees include such other personnel as required.

 

     A.   Senate Clerk

 

              Permanent full-time position elected and removed by a majority vote of the members of the Senate.

 

              Duties.  Under the general direction of the President, is responsible for overseeing the administrative and housekeeping operations of the Senate;[.]keeps the President informed of matters affecting Senate operations; maintains records and minutes of Senate proceedings; provides data with respect to the status of bills and resolutions; ensures that the records of the various committees are filed at the State archives at the end of each legislative session; performs other duties specified in the Rules of the Senate and the Administrative and Financial Manual of the Senate; is responsible for the publishing of the Senate Journal; participates in or [coordinate] coordinates studies directed toward improving legislative operations; [supervise] supervises all permanent administrative support staff; and performs other duties related to Senate proceedings as requested by the President.

 

              Qualifications.  Substantial knowledge of the legislative process and operations; ability to supervise and manage other employees; proficiency in the use of personal computers; and familiarity with modern business practices and procedures.

 

     B.   Assistant Clerk

 

              Permanent full-time position elected and removed by a majority vote of the members of the Senate.

 

              Duties.  Under the supervision of the Clerk, assists the Clerk in all duties charged to the Clerk.

 

              Qualifications.  Knowledge of the legislative process and operations; ability to supervise and manage other employees; proficiency in the use of personal computers; and familiarity with modern business practices and procedures.

 

     C.   Sergeant-At-Arms

 

              Permanent full-time position elected and removed by a majority vote of the members of the Senate.

 

              Duties.  Under the supervision of the [Clerk,] President, is responsible for property control and the custodial, messenger, security, and postal services of the Senate.  Coordinates the assignment of office space, purchase of office supplies, and inventory control systems; establishes and maintains an inventory control report; establishes and maintains an operational manual for the Sergeant-at-Arms office; performs other related duties specified in the Rules of the Senate and Administrative and Financial Manual of the Senate; and performs other duties as requested by the [Senate] President.

 

              Qualifications.  Substantial knowledge of legislative operations; ability to supervise and manage other employees; proficiency in the use of personal computers; experience and knowledge of property management practices and office procedures.

 

     D.   Assistant Sergeant-at-Arms

 

              Permanent full-time position elected and removed by a majority vote of the members of the Senate.

 

              Duties.  Under the supervision of the Sergeant-at-Arms, assists Sergeant-at-Arms in all duties charged to the Sergeant-at-Arms.

 

              Qualifications.  Knowledge of legislative operations; ability to supervise and manage other employees; proficiency in the use of personal computers; experience and knowledge of property management practices and office procedures.

 

     E.   Accountant

 

              Permanent full-time position appointed and removed by the Clerk in consultation with the President.

 

              Duties.  Under the supervision of the Clerk in consultation with the President, assists in the preparation of the Senate budget; maintains books of accounts; prepares financial statements; processes payroll and vendor payments; and performs other related duties specified in the Rules of the Senate and the Administrative and Financial Manual of the Senate.

 

              Qualifications.  Accounting or auditing experience; knowledge of State statutes and regulations applicable to governmental accounting; ability to supervise other employees; proficiency in the use of personal computers; thorough knowledge of legislative operations and office procedures and methods; and ability to meet deadlines.

 

     F.   Account Clerk

 

              Employees appointed by the Clerk subject to the approval of the President.

 

              Duties.  Assists the Accountant in the preparation of financial statements, the processing of payroll and vendor payments, and in the performance of other bookkeeping functions.

 

              Qualifications.  Bookkeeping experience; knowledge of State and Senate procedures governing payroll and purchasing; proficiency in the use of personal computers; familiarity with office procedures and methods; ability to meet deadlines.

 

     G.   Journal Clerk

 

              Permanent full-time position appointed by the Clerk subject to the approval of the President.

 

              Duties.  Under the supervision of the Clerk, records the proceedings of each day's session; notes all floor action taken on legislative measures, deliberations, and floor speeches; transcribes each day's proceedings; and after the session is completed, prepares the final draft of the Senate Journal for printing.

 

              Qualifications.  Knowledge of the legislative process and procedures; ability to type and transcribe with speed and accuracy; proficiency in grammar, spelling, and office practices and procedures; proficiency in the use of personal computers; ability to supervise and manage employees; and the ability to meet deadlines.

 

     H.   Assistant Journal Clerk

 

              Permanent full-time position appointed by the Clerk subject to the approval of the President.

 

              Duties.  Assists the Journal Clerk in recording the proceedings of each day's session; notes all floor action taken on legislative measures, deliberations, and floor speeches; transcribes each day's proceedings; and after the session is completed, assists in the preparation of the final draft of the Senate Journal for printing.

 

              Qualifications.  Ability to type and transcribe with speed and accuracy; proficiency in the use of personal computers; and the ability to meet deadlines.

 

     I.   Administrative Services Manager

 

              Permanent full-time employee appointed by the Clerk subject to the approval of the President.

 

              Duties.  Under the supervision of the Clerk, manages and supervises the recording of floor actions, prepares the Order of the Day and the Order of Business for each legislative session; prepares legislation for permanent recording; coordinates the routing of bills and resolutions; assists in the handling of floor amendments; prepares the bill jackets; and performs other related duties as required.

 

              Qualifications.  Considerable knowledge of the management and supervisory techniques relating to the clerical aspects of the legislative process; knowledge of office procedures and methods; proficiency in the use of personal computers; ability to supervise and manage employees; and ability to meet deadlines.

 

     J.   Receptionist

 

              Permanent full-time employee appointed by the Clerk subject to approval of the President.

 

              Duties.  Provides general typing and clerical services; provides receptionist services and exercises good judgment in dealing with callers, visitors, other employees, members of the Legislature, and members of the public; provides general administrative office support; performs related duties as directed by the Clerk.

 

              Qualifications.  Knowledge of general office procedures and practices; ability to type accurately at an acceptable rate of speed; and ability to meet deadlines.

 

     K.   Office Manager

 

              Permanent full-time employee appointed by the Clerk subject to the approval of the President.

 

              Duties.  Under the supervision of the Sergeant-at-Arms, performs receptionist duties, maintains office files, correspondence, equipment, and supplies.  Supervises and trains session staff; provides administrative office support; performs related duties as directed by the Sergeant-at-Arms.

 

              Qualifications.  Knowledge of general office procedures and practices; ability to supervise and manage employees; ability to meet deadlines.

 

     L.   Engrossing Clerks

 

              Session employees appointed by the Clerk subject to the approval of the President.

 

              Duties.  Under the supervision of the Clerk, provides clerical and typing services; engrosses all bills, resolutions, and related matters; performs other related duties as required.

 

              Qualifications.  Excellent typing and proofreading skills; proficiency in the use of personal computers; and familiarity with office procedures; ability to meet deadlines.

 

     M.   Data Entry Clerks

 

              Session employees appointed by the Clerk in consultation with the respective administrative superior under whom the clerk-typists shall serve subject to the approval of the President.

 

              Duties.  Provide data entry, typing, clerical and receptionist services and perform other related duties as required.

 

              Qualifications.  Ability to type; proficiency in the use of personal computers;  and knowledge of general office procedures and practices; ability to meet deadlines.

 

     N.   Human Resources Specialist

 

              Permanent full-time employee appointed by the Clerk subject to the approval of the President.

 

              Duties.  Under the supervision of the Clerk, coordinates personnel and human resources activities and programs of the Senate, including recruitment, compensation, benefits, classification, training and development, labor relations, affirmative action and employee welfare programs; and performs other related duties as directed.

 

              Qualifications.  A bachelor's degree in human resources or labor and industrial relations or comparable work experience in human resources.  Knowledge of state and federal labor laws and human resources practices.  Ability to work independently, organize and plan programs and activities, speak, write, and present effectively, and meet deadlines.  Excellent interpersonal and facilitation skills and proficiency in personal computers and general office procedures and practices.

 

     [N.] O. Data Systems Manager

 

              Permanent full-time employee appointed by the Clerk subject to the approval of the President.

 

              Duties.  Under the supervision of the Clerk, coordinates the planning and administration of services relating to information systems in the Senate.  Directs and supervises programmer analysts; assists users with hardware and software problems encountered on the system; coordinates the implementation of enhancements to the system; serves as liaison between computer vendors and the Senate.  Maintains control over computer equipment, software, and computer-related supplies and accessories; ensures the security, integrity, and proper functioning of the computer systems in the Senate; and performs other related duties as directed.

 

              Qualifications.  A bachelor's degree in computer sciences or management information systems; and computer system and facility management experience.  Ability to plan, organize and manage all data systems activities and supervise employees.

 

     [O.] P. Programmer Analyst

 

               Permanent full-time employee appointed by the Clerk subject to the approval of the President.

 

              Duties.  Under the supervision of the Data Systems Manager, analyzes, maintains, and creates computer programs and provides user support services to the agencies and offices of the Senate; assists in the training of legislative staff; maintains the Legislature's website; sets up and maintains computers and servers used for ongoing operations and special projects; and [perform] performs other duties as directed by the Data Systems Manager.

 

              Qualifications.  A bachelor's degree in computer science or management information systems or comparable work experience involving technical support or computer programming.[.]

 

     [P.] Q. Supply Clerk

 

              Permanent full-time employee appointed by the Clerk subject to approval by the President.

 

              Duties.  Under the supervision of the Sergeant-At-Arms[Manages], manages and coordinates the provision and inventory of material, equipment, supplies, and distribution of services for the Senate; and performs related duties as directed by the Sergeant-At-Arms.

 

              Qualifications.  Knowledge of procurement and supply practices; applicable state and county laws, rules, and standards required in the execution of assignments; principles, procedures, techniques, and practices of inventory management and property control; office and storekeeping practices and procedures.  Ability to supervise and manage employees.

 

     [Q.] R. Printshop Manager

 

              Appointed by the Clerk in consultation with the President.

 

              Duties.  Under the supervision of the Clerk, plans, directs, and supervises all printshop activities.  Directs and supervises printshop operators; ensures the quality standards or reproduced material; supervises the collation and binding of reproduced materials; develops and maintains a filing system of reproduced material; requisitions and maintains printshop inventory; and performs other related duties as directed.

 

              Qualifications.  Knowledge of business practices relating to procurement of supplies and equipment; experience in the operation and maintenance of printshop equipment; ability to plan, organize and manage all printshop activities and employees; and ability to meet deadlines.

 

     [R.] S. Assistant Printshop Manager

 

              Appointed by the Clerk in consultation with the President.

 

              Duties.  Under the supervision of the Clerk and the printshop manager, assists the printshop manager in planning, directing and supervising all printshop activities; performs other related duties as required.[.]

 

              Qualifications.  Experience in the operation and maintenance of printshop equipment; ability to supervise other employees; and ability to meet deadlines

 

     [S.] T. Printshop Operators

 

              Session employees appointed by the Clerk in consultation with the President.

 

              Duties.  Under the supervision of the printshop manager, assists in the reproduction of legislative documents; operates paper-cutting and stapling machines; collates reproduced materials; maintains printing equipment in good operating condition; and performs other related duties as directed.

 

              Qualifications.  Able to operate printshop equipment; physically perform the duties assigned; and meet deadlines.

 

     [T.] U. Service Aides

 

              Session employees appointed by the Clerk in consultation with the President.

 

              Duties.  Under the supervision of the Sergeant-at-Arms, provides custodial, messenger and copying services; security for buildings and personnel; traffic control; and other related services.

 

              Qualifications.  Able to perform the assigned duties and meet deadlines."

 

     14.  That Title 7, chapter 1, section 1.1, be amended to read:

 

     "Sec. 1.1.  Scope of chapter.  This chapter describes the process of appointing permanent, session, and temporary employees."

 

     15.  That Title 7, chapter 1, section 1.2, be amended to read:

 

     "Sec. 1.2.  Appointments, general.  Appointments to positions authorized in the budget shall be made by the appointing authority designated in this manual.  All newly appointed permanent employees shall be subject to a six month probation period commencing on the permanent employee's first day of work; provided that an appointing authority may extend the probation period for good cause.  During the probation period, an employee may be terminated at will and the amount of advance notice given to a probationary employee shall be at the discretion of the employee's appointing authority."

 

     16.  That Title 7, chapter 5, section 5.2, be amended to read:

 

     "Sec. 5.2.  Involuntary termination.  An appointing authority may terminate the employment of an employee who is insubordinate or is derelict in the performance of the employee's duties or whose work has not met the standards of the appointing authority.  A permanent employee shall be given at least [2] two weeks advance notice[.  The] or, at the discretion of the employee's appointing authority, entitled to two weeks severance pay at the rate of the terminated employee's compensation in lieu of the two weeks notice; provided that, for a permanent employee who has not completed the probation period established under section 1.2 of chapter 1 of this title, the probationary employee's appointing authority shall not be required to provide two weeks advance notice or two weeks severance pay.  Session and temporary employees may be terminated at will and the amount of advance notice given to a session or temporary employee shall be at the discretion of the employee's appointing authority."

 

     17.  That Title 8, chapter 2, be amended by amending its title to read:

 

"Chapter 2.  Office Supplies[, Postage,] and Copying Machines"

 

     18.  That Title 8, chapter 2, section 2.2, be amended to read:

 

     "Sec. 2.2.  General.  Office supplies[, postage,] and the use of copying machines are items which cannot be subjected to exact controls.  This is because usage requirements may vary from legislator to legislator and from committee to committee.  The use of supplies[, postage,] and copying machines shall be limited to purposes pursuant to the business of the Senate, a Senate committee, or the business of a legislator reasonably related to the legislator's exercise of the legislative functions.  Office supplies[, postage,] and copying machines shall not be used by a legislator for:

 

     (1)  Matters and activities related to election campaigns;

 

     (2)  General correspondence [and materials such as newsletters];

 

     (3)  Distribution of materials to the public for survey purposes;

 

     (4)  Materials advocating a particular position or an issue before the legislature; and

 

     (5)  [For personal] Personal use.

 

     The use of copying machines in the second floor copying room and the Sergeant-at-Arms office by Senators and their staff shall be limited to [10,000 copies per office, per month during the interim and 20,000 copies per office, per month, during session.] 150,000 copies per office, per year.  Use of copying machines shall relate directly to legislative business.  Copying of newsletters is permitted and may be performed by the Senate Printshop.  Copies of newsletters, by page, will be counted against a members' copy allocation.  Any copies made in excess of these limits shall be charged against the Senator's annual allowance under Title 1, section 1.3.  The President and Vice President may jointly waive the assessment of any copying overages against a Senator's legislative allowance; provided that the Senator provides written justification for the overage and the President and Vice President approve.  The Clerk's office shall report monthly totals on a monthly basis to the President and Vice President."

 

     19.  That Title 8, chapter 2, section 2.4, is repealed:

 

     ["Sec. 2.4.  Postage machine.  The Sergeant-at-Arms shall be responsible for control of the postage machine.  Only employees designated by the Sergeant-at-Arms shall have access to and operate the postage machine.  The key for the postage machine shall be removed whenever the machine is not in use.  A daily log of postage meter usage shall be maintained by the Sergeant-at-Arms.  The President may request periodic reports on use of postage."]

 

     20.  That Title 8, chapter 5, section 5.2, be amended to read:

 

     "Sec. 5.2. Policy.  The Hawaii State Senate, charged with the Constitutional duty of making state laws, must serve as a model of compliance with state and federal laws.  Senate employees are therefore admonished to exercise caution and refrain from using unauthorized software and other unauthorized resources.

 

     Personal computer software purchased by the Hawaii State Senate has licensing or copyright restrictions which prohibit duplication.  Courts have found organizations and their executives liable for copyright infringement when the organization supervised the activities of employees and unauthorized copies of software were used to the organization's benefit, even when the copying was done without the knowledge of management.  The Hawaii State Senate will therefore adhere to all licensing and copyright laws relating to the purchase and/or use of computer software and related documentation.  Software or software documentation protected by copyright may be copied only with the written permission of the copyright holder.  Any unauthorized reproduction of copyrighted material may subject the responsible employee to disciplinary action.

 

     To protect the integrity of the [Senate Computer System] legislative computer network Senate members and employees are also prohibited from [loading unauthorized] installing software not purchased by the Senate onto legislative computers and equipment not owned or leased by the Senate, including personal and laptop computers and personal digital assistants (PDAs), on the legislative network without the express written permission of the [manager of Senate Data Systems.] Senate Clerk.

 

     Senate members and employees shall not use State property for purposes other than the conduct of officially sanctioned legislative business.  Under no circumstances are Senate [Employees] members and employees permitted to use Senate property for personal gain.  [Employees may, however, make incidental use of State facilities (as when placing a brief personal telephone call or using a computer), as long as no costs are incurred.]

 

     All members and staff shall comply with the Senate Computer and Technology Use Policy (exhibit    ) and Senate Technology Use Guidelines (exhibit     ), and sign the Acknowledgment (exhibit    ).  Members and staff who are issued laptop computers shall sign and comply with the Senate Laptop Computer Use Agreement (exhibit     )."

 

     21.  That Title 8 be amended by adding a new chapter to be appropriately designated and to read:

 

"Chapter  .  Postage

 

     Sec.   .1.  Scope of chapter.  This postage and mailing policy is to establish a standard to guide the use of public funds for postage and mailing purposes.  This policy seeks to maintain general flexibility for members of the Senate to accomplish their official functions and duties while providing accountability for this use of public funds by Senate members.

 

     Sec.   .2.  Public funds for postage and mailing.  Public funds for postage and mailing shall be used solely for the mailing of official material such as public notices and official correspondence.  The use of public funds for the mailing of personal material not reasonably related to the legislator’s official legislative work is prohibited.

 

     Sec.   .3.  Accounting.  The Senate Sergeant-at-Arms Office shall maintain records and accounts for each Senate member listing the amounts of public funds spent by the members for postage, subject to the following maximums, provided that such maximums may be waived by the President:

 

     (1)  $3,500 per year for the President, the Vice President, and the chairs of the Committees on Ways and Means, Judiciary, and Commerce, Consumer Protection and Affordable Housing;

 

     (2)  $2,500 per year for the Majority Leadership, the Minority Leader, and the chairs of all other standing committees; and

 

     (3)  $1,500 per year for all other Senate Members.

 

For mailing over fifty pieces, a copy shall be left with the Sergeant-at-Arms Office.

 

     Sec.  .4.  Approval of President.  Approval of the President shall be required whenever a member seeks to use public funds in excess of the ceiling established in section 3.3.  Approval shall be given only where the legislative business nature of the matter is well justified.

 

     Sec.   .5.  Postage machine.  The Sergeant-at-Arms shall be responsible for control of the postage machine.  Only employees designated by the Sergeant-at-Arms shall have access to and operate the postage machine.  The key for the postage machine shall be removed whenever the machine is not in use.  A daily log of postage meter usage shall be maintained by the Sergeant-at-Arms.  The President may request periodic reports on the use of postage."

 

     22.  That Title 10, chapter 1, section 1.4, be amended to read:

 

     "Sec. 1.4.  Resolution process for harassment complaints.  An employee who feels victimized by any form of harassment may complain directly to the offender (verbally or in writing) about the action of harassment.  If an employee does not wish to complain directly to the offender, or if the harassment continues even after a direct complaint, the employee may:

 

     (1)  Complain to the employee's immediate supervisor;

 

     (2)  Complain to a higher level supervisor, if the immediate supervisor is the offending person or to the President of the Senate or the Affirmative Action Officer designated by the President; or

 

     (3)  Take action through the Hawaii Civil Rights Commission or go to court.

 

     All harassment complaints shall be investigated promptly and in a confidential manner.

 

     If a legislator or supervisor has reason to believe or has been provided information that an incident of harassment or potential harassment has occurred, the legislator or supervisor shall immediately report any incident of harassment or potential harassment to the President or the Affirmative Action Officer.  It is not for a legislator or supervisor to determine the validity or veracity of the incident or potential incident of harassment prior to reporting of said incident.  Upon notification of a harassment complaint, either directly or indirectly, the President of the Senate or the Affirmative Action Officer shall immediately begin the investigation.  If a complaint is found to be valid, the President or the Affirmative Action Officer shall take the appropriate corrective action to discipline the offender, and to prevent recurrence of the harassment.  Corrective action may range from informal counseling to termination of employment.  Senate members shall be subject to the procedures and punishments outlined in the Rules of the Senate, Part IX, Rule 72."; and

 

     BE IT FURTHER RESOLVED that Senate Administrative and Financial Manual material to be repealed is bracketed and stricken and new Senate Administrative and Financial Manual material is underscored; and

 

     BE IT FURTHER RESOLVED that Senate Clerk is authorized to insert the appropriate chapter and exhibit designations for the new chapters and exhibits added to the Administrative and Financial Manual by this Resolution; and

 

     BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, that the Administrative and Financial Manual of the Senate, as amended herein, is hereby adopted; and

 

     BE IT FURTHER RESOLVED that the amendments made to the Administrative and Financial Manual of the Senate by this Resolution take effect upon the adoption of this Resolution.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title:

Senate Administrative and Financial Manual; Amendments