REPORT TITLE:
Civil Service


DESCRIPTION:
Requires the department of human resources development to work
with a task force to design legislation to modernize civil
service. (SB1046 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1046
THE SENATE                              S.B. NO.           S.D. 3
TWENTIETH LEGISLATURE, 1999                                H.D. 2
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE CIVIL SERVICE SYSTEM FOR PUBLIC OFFICERS AND
   EMPLOYEES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  For several decades, the civil service system
 
 2 has admirably met its mandate to support Hawaii state
 
 3 government's mission to serve the people of Hawaii.  Within the
 
 4 past few years, however, with the advancement of digital
 
 5 technology, public needs have changed at a constant and ever-
 
 6 increasing rate.  Our current civil service system, which was
 
 7 created at a time when digital technology was at best, mostly
 
 8 theory, has outlived its usefulness.  Therefore, for state
 
 9 government to continue to meet the public's needs, the civil
 
10 service system will have to be modernized to provide flexible,
 
11 timely, responsive, and people-centered personnel support.
 
12      To create an opportunity that encourages all stakeholders to
 
13 work collaboratively to co-create this modernized civil service,
 
14 it is proposed that a "fresh-start" provision be established for
 
15 civil service laws.  Such a "fresh-start" concept would not only
 
16 serve to "clear-the-deck" but would also capture the public's
 
17 attention and thus provide the drive to seriously engage in the
 
18 process of co-creating a new statutory framework by all
 
19 stakeholders.
 

 
Page 2                                                     1046
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 1      SECTION 2.  The director of human resources development is
 
 2 charged with the responsibility to establish partnerships with
 
 3 all stakeholders, labor and management included, and begin to
 
 4 design and effectuate a process to modernize the civil service
 
 5 system.  Additionally, the director of human resources
 
 6 development shall establish a task force to include:
 
 7      (1)  The chairperson of the senate committee on labor and
 
 8           environment;
 
 9      (2)  The chairperson of the house committee on labor and
 
10           public employment;
 
11      (3)  The director of human resources development;
 
12      (4)  Seven members to be designated by the senate president
 
13           and the speaker of the house of representatives as
 
14           follows:
 
15           (A)  One representative from each of the six public
 
16                employee unions; and
 
17           (B)  One representative from the council of personnel
 
18                directors;
 
19           and
 
20      (5)  Other interested individuals with the relevant
 
21           expertise to be designated by the director of human
 
22           resources development.
 

 
 
 
Page 3                                                     1046
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 1      It is envisioned that in discussions and agreements on
 
 2 proposed new laws, the director of human resources development
 
 3 shall identify and work collaboratively with the various
 
 4 stakeholders governed by the provisions in chapters 76, 77, 78,
 
 5 79, 80, 81, and 82, Hawaii Revised Statutes, and any other
 
 6 applicable chapters, to draft replacement legislation if deemed
 
 7 necessary.  Specifically, the director of human resources
 
 8 development and the task force shall discuss issues including but
 
 9 not limited to:
 
10      (1)  Negotiability of health and retirement benefits;
 
11      (2)  Creation of a streamlined classification system that
 
12           provides flexibility;
 
13      (3)  Total compensation package which includes pay and
 
14           benefits;
 
15      (4)  Recruitment above the first step of the pay range;
 
16      (5)  Autonomy of personnel administration systems;
 
17      (6)  Elimination of the duplication between collective
 
18           bargaining and other laws;
 
19      (7)  The need for civil service commissions and the public
 
20           employees compensation appeals board;
 
21      (8)  Restructuring of departments based on the proposed new
 
22           laws;
 
23      (9)  Civil service law;
 

 
Page 4                                                     1046
                                     S.B. NO.           S.D. 3
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 1     (10)  Compensation law;
 
 2     (11)  Public service;
 
 3     (12)  Leaves of absence;
 
 4     (13)  Hours of work;
 
 5     (14)  In-service training programs; and
 
 6     (15)  Incentive and service awards.
 
 7     The director of human resources development, with the
 
 8 consensus of the task force, shall:
 
 9     (1)   Establish a process for developing a broadbased series
 
10           of recommendations; and
 
11     (2)   Submit draft model civil service legislation to a joint
 
12           house and senate labor committee meeting on November
 
13           15, 1999.
 
14     SECTION 3.  Notwithstanding any other law to the contrary,
 
15 the legislature shall adopt legislation to be effective June 29,
 
16 2000, to define the employment of persons in the civil service
 
17 system.  Such legislation shall be governed by the merit
 
18 principle.
 
19     SECTION 4.  Effective June 30, 2000, chapters 76, 77, 78, 79,
 
20 80, 81, and 82, Hawaii Revised Statutes, and other applicable
 
21 chapters are repealed; provided that the legislature has adopted
 
22 replacement legislation for them in accordance with section 3 of
 
23 this Act.
 
24     SECTION 5.  This Act shall take effect upon its approval.