STAND. COM. REP. NO. 2006

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2213

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2213 entitled:

 

"A BILL FOR AN ACT RELATING TO CIVIL SERVICE,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to require a public employer to consider another position within the same department for which the employee is qualified prior to discharging an employee due to failing to meet performance requirements.

 

     Your Committee received testimony in support of this measure from the Department of Human Resources Development; and the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.  Testimony in opposition to this measure was submitted by one private individual.  The Department of Human Resources of the City and County of Honolulu submitted comments.

 

     Your Committee finds that a public employer is required to consider the feasibility of transferring an employee to another position for which the employee was considered prior to discharge.  However, the scope of the current statutory language fails to define the scope of the job search.  As a result, state departments, counties, and other jurisdictions each have their own interpretation of the job search scope.  Your Committee believes that this measure will provide further uniformity and consistency in the application of the law.

 

     Your Committee has amended this measure by:

 

     (1)  Adding clarifying language that the appointing authority is required to consider another position within the department of the appointing authority; and

 

     (2)  Making technical, nonsubstantive changes for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2213, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2213, S.D. 1, and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

____________________________

CLAYTON HEE, Chair