HOUSE OF REPRESENTATIVES

H.B. NO.

2368

TWENTY-NINTH LEGISLATURE, 2018

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SERVICES PERFORMED BY CIVIL SERVICE EMPLOYEES.

 

 

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

 


     SECTION 1.  The legislature finds that in 1997, the Hawaii Supreme Court ruled in Konno v. Hawaii County that Hawaii County violated civil service laws and merit principles when it hired private contractors to perform landfill operations work.  The court ruled that state civil service laws allowed only civil service employees to perform work historically and customarily done by civil service employees.

     In response to Konno, Act 90 was enacted in 2001.  Part II of Act 90, Session Laws of Hawaii 2001 allowed the State of Hawaii to contract for services historically and customarily performed by civil service employees if equivalent or better services could be provided at lower cost.  However, Act 90, part II, was repealed on June 30, 2007.

     After Act 90 was repealed, the United Public Workers filed class grievances as well as lawsuits in circuit court arguing that the State of Hawaii and the counties should cease the practice of contracting for services historically and customarily performed by civil service employees.  Over time, the counties reached settlements with the United Public Workers, leaving only the claims against the State of Hawaii.

     Through court-ordered mediation, an agreement was reached between the United Public Workers and the State of Hawaii executive branch relating to services historically and customarily performed by civil service employees as it relates to the United Public Workers. This agreement reflected the State's commitment to comply with the Hawaii Supreme Court's ruling in Konno, while concurrently recognizing the State's duty to provide services to the public.

     Without a sufficient number of civil service positions and employees to perform services historically and customarily performed by United Public Workers-type employees, state agencies have had to resort to contracting for these services.  To address this situation and enable state agencies to comply with the Konno ruling, it is estimated that the State will need an additional 598 permanent positions and approximately $75,571,516 for positions and associated equipment in general and non-general funds to provide necessary services to the public through civil service employees rather than through contractors.

     In an effort to facilitate the provision of refuse collection for the Hawaii public housing authority, and to fulfill operational needs with regard to work historically and customarily performed by civil service personnel, permanent full-time positions are requested for the Hawaii public housing authority for refuse collection.

     The purpose of this Act is to appropriate funds for the establishment of permanent full-time civil service positions and equipment for the Hawaii public housing authority in connection with refuse collection.

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2018-2019 for the following twenty-seven full-time equivalent (27.0 FTE) positions for the Hawaii public housing authority in connection with refuse collection:

     (1)  $         for fifteen full-time equivalent (15.0 FTE) heavy truck driver positions;

     (2)  $         for four full-time equivalent (4.0 FTE) refuse collector positions;

     (3)  $         for seven full-time equivalent (7.0 FTE) truck driver/laborer positions; and

     (4)  $         for one full-time equivalent (1.0 FTE) welder position.

     The sum appropriated shall be expended by the Hawaii public housing authority for the purposes of this Act.

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2018-2019 for the following to be used by Hawaii public housing authority in connection with refuse collection:

     (1)  $         for eight hundred fifteen refuse collection bins;

     (2)  $         for nineteen refuse collection front loader trucks;

     (3)  $         for eight scout trucks; and

     (4)  $         for welding equipment.

     The sum appropriated shall be expended by the Hawaii public housing authority for the purposes of this Act.

     SECTION 4.  This Act shall take effect on January 1, 2050.


 


Report Title:

Civil Service; Establish Positions; Hawaii Public Housing Authority

 

Description:

Appropriates funds for permanent civil service positions and equipment for the Hawaii Public Housing Authority to provide services historically and customarily performed by civil service employees in connection with refuse collection.  (HB2368 HD1)

 

 

 

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