HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
relating to the public utilities commission.
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 269-3, Hawaii Revised Statutes, is amended to read as follows:
"§269-3 Employment of assistants.
(a) The chairperson of the public
utilities commission may appoint and employ professional staff and other
assistants for the public utilities commission as the chairperson finds necessary
for the performance of the commission's functions and define their powers and
duties. Notwithstanding section
26-35(a)(4) to the contrary and subject to applicable personnel laws, the
employment, appointment, applicable salary schedules, promotion, transfer,
demotion, discharge, and job descriptions of all officers and employees of or
under the jurisdiction of the commission shall be determined by the chairperson
and may be delegated to the executive officer appointed and
employed pursuant to subsection (b); provided that determinations concerning
personnel matters made by the chairperson or the executive officer, as
delegated by the chairperson, may be reviewed by the director of commerce and
consumer affairs for completeness and for compliance and conformance with
applicable administrative processes and procedures of the department of
commerce and consumer affairs. The chairperson may appoint and, at pleasure,
dismiss a chief administrator and attorneys as may be necessary, and who shall
be exempt from chapter 76. The
chairperson may also appoint other staff, including a fiscal officer and a
personnel officer, with or without regard to chapter 76.
(b) The chairperson of the commission shall appoint
an administrative assistant, a research assistant, and legal counsel to assist each
of the other members of the public utilities commission with commission duties.
Staff assigned under this subsection shall
report to the commissioner to whom they are assigned and, notwithstanding any law
to the contrary, the chairperson shall not dismiss or re-assign any assigned staff
member without prior written approval of the affected commissioner.
(b)] (c) The chairperson of the commission shall
appoint, employ, and dismiss, at pleasure, an executive officer who shall be
responsible for managing the operations of the commission. The responsibilities of the executive officer
shall include management and recruitment of personnel, budget planning and
implementation, strategic planning and implementation, procurement and contract
administration, and implementation of administrative programs and
projects. The executive officer shall be
exempt from chapter 76.
(c)] (d) Notwithstanding section 91-13, the commission
may consult with its assistants appointed under authority of this section in
any contested case or agency hearing concerning any issue of facts. Neither the commission nor any of its
assistants shall in such proceeding consult with any other person or party
except upon notice and an opportunity for all parties to participate, save to the
extent required for the disposition of ex parte matters authorized by law."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
PUC; Appointment of Staff
chairperson of the public utilities commission to appoint an administrative assistant,
a research assistant, and legal counsel to assist each member of the public utilities
commission with commission duties. Prohibits
the chairperson from dismissing or re-assigning appointed staff members without
the prior written approval of the affected commissioner.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.