Report Title:

Public employees, benefits, forfeiture

Description:

Provides that a public employee who has been convicted of a felony that took place within the course and scope of the employee's duties shall be terminated upon conviction. Provides for restitution should the conviction be overturned. (HB287 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

287

TWENTY-SECOND LEGISLATURE, 2003

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to PUBLIC employees.

 

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

SECTION 1. The legislature finds that the public trust in government has been shaken by recent criminal convictions of public employees, including elected officials. The legislature believes that public employees who are convicted of a felony that took place within the course and scope of their employment should be terminated.

The purpose of this Act is to allow for the termination of a public employee if a public employee, including an elected official, has been convicted of a felony that took place within the course and scope of the employee's duties. This Act also provides for restitution should the public employee's conviction be overturned.

SECTION 2. Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§78- Public employees; termination. (a) If a public employee has been convicted of a felony that took place within the course and scope of the public employee's duties, the public employee shall be terminated from the public employee's position.

(b) If the felony conviction of a public employee pursuant to subsection (a) is overturned on appeal, the public employee shall obtain back pay and be returned to the position the public employee held prior to conviction, or an equivalent position if the public employee's position was filled.

(c) For purposes of this section, "public employee" means any employee or official of the State or any county, including but not limited to any elected official, any nominated, appointed, or elected officer or employee of the State, including members of boards, commissions, and committees, any employees under contract with the state or county, any civil service employees, and any probationary or provisional employees of the state or county."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.