Recruitment; Public Employees

Allows state vacancies for professional and scientific positions
to be advertised with a salary range rather than at the initial
step, and allows the hiring of such staff at any appropriate
step, rather than at the initial step.  (SB1042 HD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 77-9, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "77-9  Initial appointments and shortage categories.(a)
 4 All initial appointments shall be made at the first step of the
 5 appropriate salary range[.], except as provided in subsections
 6 (b), (c), and (e).
 7      (b)  In the event that recruitment of an employee is not
 8 practicable at the first step, the director, after appropriate
 9 notice and advertising, may recruit at any step within the
10 appropriate salary range at which a suitable employee can be
11 recruited.
12      (c)  Whenever a labor shortage exists in a class or group of
13 positions in a class, the director, with the prior approval of
14 the chief executive, may declare the class or group of positions
15 to be a shortage category.  The director may review the impact of
16 making such a declaration on other classes or groups of positions
17 in classes within the same series.  If the director finds that it
18 is necessary to preserve internal relationships within the
19 series, the director may declare those other classes or groups of
20 positions as related shortage categories.  The director shall

Page 2                                                     1042
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 1 review each shortage category periodically, but at least once
 2 each year, to determine whether the shortage category should be
 3 continued.  In making this determination, the following procedure
 4 shall be followed:
 5      (1)  The director shall set the new entry salary of a
 6           shortage category at an amount that is fair and
 7           reasonable and at which employees can be recruited from
 8           the labor market;
 9      (2)  The director shall set the new entry salary of a
10           related shortage category in consideration of
11           appropriate internal pay relationships;
12      (3)  Whenever a new entry salary is determined for a class
13           or group of positions in a class under paragraphs (1)
14           and (2), incumbents thereof who are being paid less
15           than the new entry salary shall have their pay adjusted
16           to an amount that is not less than the new entry salary
17           in a manner determined by the director;
18      (4)  In addition to establishing a new entry rate, the
19           director, if necessary to promote retention of existing
20           incumbents, may provide alternative adjustments to the
21           salaries of incumbents in a shortage category and
22           related shortage category.  No adjustment under this

Page 3                                                     1042
                                     S.B. NO.           S.D. 1
                                                        H.D. 1

 1           paragraph shall result in a salary that exceeds the
 2           maximum step of the pay range;
 3      (5)  The director is authorized to provide similar
 4           adjustments for positions and employees in the excluded
 5           managerial compensation plan;
 6      (6)  As a result of the periodic review of each shortage
 7           category, the director may adjust salaries established
 8           under this subsection.  If the director determines that
 9           a shortage no longer exists, the director shall
10           reestablish the first step of the appropriate salary
11           range as the entry salary rate for the class or group
12           of positions;
13      (7)  In the event that the new entry salary for a shortage
14           category or related shortage category is subsequently
15           lowered, incumbents shall not have their pay reduced so
16           long as they remain in the same shortage class or group
17           of positions; and
18      (8)  If employees move from their respective shortage or
19           related shortage positions, the director shall adjust
20           their pay appropriately.
21      (d)  The director shall maintain a list of all recruitment
22 above the first step and shortage category determinations under
23 this section and the justifications therefor.

Page 4                                                     1042
                                     S.B. NO.           S.D. 1
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 1      (e)  The director may announce vacancies at a range of
 2 rates, rather than at the first step as provided in subsection
 3 (a), for professional and scientific positions and positions in
 4 the excluded managerial compensation plan.  The range shall
 5 consist of the first step and may consist of additional steps or
 6 rates up to and including, but not exceeding, the midpoint of the
 7 salary range.
 8      The director shall determine the number of steps to be made
 9 available under this subsection at any given time and the minimum
10 number of creditable years of experience required.
11      The appointing authority, as part of the selection and
12 appointment process, may evaluate the relevancy of each
13 applicant's qualifications to the specific duties of the position
14 and may, in recognition of pertinent education or experience
15 which exceed the minimum qualification requirements of the class,
16 make an initial appointment at an appropriate step within the
17 advertised range.  All such evaluations and appointments shall be
18 in accordance with the guidelines adopted by the director.  Only
19 excess experience or equivalent education of a kind and level
20 directly relevant to the work to be performed by the appointee
21 shall be credited under this provision.
22      Nothing in this subsection shall preclude the employer from
23 offering a higher starting rate under subsection (b) or (c)."

Page 5                                                     1042
                                     S.B. NO.           S.D. 1
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 1      SECTION 2.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 3.  This Act shall take effect on June 1, 2000.