County/Civil Service

Adds new exemptions from county civil service.

HOUSE OF REPRESENTATIVES                H.B. NO.688        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 76-77, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "76-77  Civil service and exemptions.  The civil service to
 4 which this part applies comprises all positions and services in
 5 the public service of each county, now existing or hereafter
 6 established, and embraces all personal services performed for
 7 each county, except the following:
 8      (1)  Positions in the office of the mayor; provided that the
 9           positions shall be included in the position
10           classification plan;
11      (2)  Positions of officers elected by public vote, positions
12           of heads of departments, and positions of one first
13           deputy or first assistant of heads of departments;
14      (3)  Positions of deputy county attorneys, deputy
15           corporation counsel, deputy prosecuting attorneys,
16           special counsel, and law clerks;
17      (4)  Positions of members of any board, commission, or
18           agency;
19      (5)  Positions filled by students; positions filled through

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 1           federally funded programs which provide temporary
 2           public service employment such as the federal
 3           Comprehensive Employment and Training Act of 1973; and
 4           employees engaged in special, research, or
 5           demonstration projects approved by the mayor[, for
 6           which projects federal funds are available];
 7      (6)  Positions of [district judges, jurors, and] witnesses;
 8      (7)  Positions filled and services performed by persons
 9           employed by contract where the personnel director has
10           certified and where the certification has received the
11           approval of the commission that the service is special
12           or unique[,] or is essential to the public interest,
13           and that because of the circumstances surrounding its
14           fulfillment, personnel to perform the service cannot be
15           recruited through normal civil service procedures;
16           provided that no contract pursuant to this paragraph
17           shall be for any period exceeding one year;
18      (8)  Positions and services of a temporary nature needed in
19           the public interest where the need does not exceed
20           [ninety days;] one year; provided that before any
21           person may be employed to render the temporary service
22           pursuant to this paragraph, the director shall certify
23           that the service is of a temporary nature and that

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                                     H.B. NO.688        

 1           recruitment through normal civil service recruitment
 2           procedures is not practicable; [and provided further
 3           that the employment of any person pursuant to this
 4           paragraph may be extended for good cause for an
 5           additional period not to exceed ninety days upon
 6           similar certification by the director and approval of
 7           the commission;]
 8      (9)  Positions of temporary election clerks in the office of
 9           the county clerk employed during election periods;
10     (10)  Positions specifically exempted from this part by any
11           other state statutes;
12     (11)  Positions of one private secretary for each department
13           head[;] and first deputy department head; provided that
14           the positions shall be included in the position
15           classification plan;
16     (12)  Positions filled by persons employed or services
17           performed by firms on a fee, contract, or piecework
18           basis who may lawfully perform their duties
19           concurrently with their private business or profession
20           or other private employment, if any, and whose duties
21           require only a portion of their time, where it is
22           impracticable to ascertain or anticipate the portion of
23           time devoted to the service of the county [and that

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 1           fact is certified by the director;], where it is
 2           economically practical or where such service is
 3           intermittently required by regulatory or environmental
 4           mandates;
 5     (13)  Positions filled by inmates, kokuas, patients of state
 6           institutions, and persons with a severe mental or
 7           physical disability who are certified by the state
 8           vocational rehabilitation office or other appropriate
 9           office as able to safely perform the duties of the
10           positions[;] in work experience training programs;
11     (14)  Positions and services performed by private entities on
12           behalf of the housing and community development office
13           or department of each county; provided that this
14           exemption shall not preclude each county from
15           establishing these positions as civil service
16           positions; [and]
17     (15)  The following positions in the office of the
18           prosecuting attorney:  private secretary to the
19           prosecuting attorney, secretary to the first deputy
20           prosecuting attorney, and administrative or executive
21           assistants to the prosecuting attorney; provided that
22           the positions shall be included in the position
23           classification plan[.];

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                                     H.B. NO.688        

 1     (16)  Positions for temporary employment of senior citizens
 2           in occupations in which there is a severe personnel
 3           shortage or in special projects;
 4     (17)  Positions filled by the county council or any committee
 5           thereof; or
 6     (18)  Positions and services required to periodically
 7           maintain and repair specialized equipment where such
 8           services are required to be performed by the equipment
 9           manufacturer or persons certified and trained to
10           perform such maintenance and repair work.
11      The director shall determine the applicability of this
12 section to specific positions and shall determine whether or not
13 positions excluded by paragraphs (7) and (8) shall be included in
14 the position classification plan.
15      Nothing in this section shall be deemed to affect the civil
16 service status of any incumbent private secretary of a department
17 head who held that position on May 7, 1977."
18      SECTION 2.  Statutory material to be repealed is bracketed.
19 New statutory material is underscored.
20      SECTION 3.  This Act shall take effect upon its approval.
22                           INTRODUCED BY:  _______________________