HOUSE OF REPRESENTATIVES

H.R. NO.

199

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 
   


HOUSE RESOLUTION

 

requesting a report on civil service exempt positions in each employing state jurisdiction.

 

 

WHEREAS, chapter 76, Hawaii Revised Statutes, relating to civil service, sets the State's policy for systems governing the employment of state workers; and

WHEREAS, section 76-16, Hawaii Revised Statutes, states that:

[t]he legislature declares that the public policy of the State is that all positions in the civil service systems of the respective jurisdictions shall be filled through civil service recruitment procedures based on merit and that the civil service system of the respective jurisdictions shall comprise all positions, whether permanent or temporary, in the jurisdiction now existing or hereafter established and embrace all personal services performed for the jurisdiction, except employees or positions exempted under this section, or sections 46-33 or 76-77; and

WHEREAS, the Legislature subsequently passed Act 253, Session Laws of Hawaii 2000 (the Civil Service Modernization Act), which reaffirmed the foregoing state policy that all positions and personal services in the State should be covered by the civil service, unless specifically exempted; and

WHEREAS, the Department of Human Resources Development (DHRD) was directed to review and assess the numbers of, and basis for, civil service and exempt positions; and

WHEREAS, DHRD commendably completed a 2004 "Exempt Study Report," a supplement to the 2004 "Study Report," and a 2005 "Exempt Study Report" in response to that directive; and

WHEREAS, although DHRD has submitted certain information regarding civil service exempt employees under its jurisdiction, the Legislature does not have any information on civil service exempt employees under the jurisdiction of other state public agencies; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, that DHRD, the Judiciary, Department of Education, University of Hawaii, and the Hawaii Health Systems Corporation are requested to report on all civil service exempt positions under their respective jurisdictions; and

BE IT FURTHER RESOLVED that the report is requested to include, but not be limited to:

(1) When the position was established;

(2) The purpose of the position;

(3) The reason for the exemption from civil service;

(4) Findings and recommendations on whether the position should remain exempt or be converted to a civil service position; and

(5) The timetable by which the specified exempt positions will convert to civil service positions;

and

BE IT FURTHER RESOLVED that with respect to positions that should remain exempt, each jurisdiction is requested to indicate whether the position should be exempted permanently and, if so, whether from civil service recruitment procedures or the classification systems, or both; and

BE IT FURTHER RESOLVED that with respect to positions recommended for inclusion into the civil service, each jurisdiction is requested to submit proposed legislation, if necessary, to convert exempt positions to civil service positions and address the impact of the conversion on the incumbents in these positions, if any; and

BE IT FURTHER RESOLVED that each jurisdiction is requested to report its findings and recommendations on the information requested under this measure and any proposed legislation, as appropriate, to the Legislature no later than 20 days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Human Resources Development, the Chief Justice, Superintendent of Education, Chairperson of the Board of Education, Chairperson of the University of Hawaii Board of Regents, and the Executive Director of the Hawaii Health Systems Corporation.

Report Title:

Civil Service Exempt Employees; Report