Report Title:

Public employees, termination for conviction of felony

Description:

Provides that a public employee who has been convicted of a felony for conduct in violation of the employee's duties, shall be terminated upon conviction. Provides for restitution should the conviction be overturned and the employee is not otherwise terminated in accordance with law. (HB287 HD3)

HOUSE OF REPRESENTATIVES

H.B. NO.

287

TWENTY-SECOND LEGISLATURE, 2003

H.D. 3

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 for conduct in violation of their duties should be terminated.

The purpose of this Act is to allow for the termination of a public employee if a public employee is convicted of a felony for conduct in violation of the employee's duties. This Act also provides for reinstatement and back pay should the public employee's conviction be overturned and the employee is not otherwise terminated in accordance with any other provision of law.

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 for conduct in violation of the public employee's duties, the public employee shall be terminated from the public employee's position.

(b) If the felony conviction that results in the termination 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; provided that the employee is not terminated from the employee's position in accordance with any other provision of law.

(c) For purposes of this section, "public employee" means any employee of the State or any county, and the political subdivisions and agencies thereof, 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.

(d) For public employees that are covered by a collective bargaining agreement, the public employee shall have no right to file a grievance contesting any termination made in accordance with this section."

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; provided that the provisions of section 2 shall apply to public employees covered by collective bargaining, either upon the termination of the current collective bargaining agreement between the public employer and exclusive representatives for the public employees, or on July 1, 2004, whichever occurs earlier.