Allows the appointing authority to recruit and fill vacancies
that are unique to and are only employed by the appointing
authority's department or agency.

THE SENATE                              S.B. NO.           2582
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 1      SECTION 1.  Section 76-23, Hawaii Revised Statutes, is
 2 amended to read as follows:
 3      "76-23  Filling vacancy.(a)  All vacant civil service
 4 positions shall be filled in the manner prescribed in this part
 5 or in section 78-1.
 6      (b)  Whenever there is a position to be filled, the
 7 appointing authority shall request the director of human
 8 resources development to submit a list of eligibles.  The
 9 director shall thereupon certify a list of five or such fewer
10 number as may be available, taken from eligible lists in the
11 following order: first the promotional lists, second the recall
12 lists, third the reemployment lists, and fourth the open-
13 competitive lists; provided that laid-off regular employees shall
14 be placed on an appropriate recall list; provided further that
15 with respect to the eligibles under unskilled classes, the
16 director shall certify all of the eligibles on such list.  Where
17 there is more than one vacant position in a class to be filled,
18 the director may certify an additional eligible for each
19 additional vacancy.  The director shall submit eligibles in the

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                                     S.B. NO.           2582

 1 order that they appear on the eligible list before applying
 2 veteran's preference; provided that veterans whose examination
 3 scores, after addition of applicable preference, are equal to or
 4 exceed the examination score of the last eligible certified,
 5 shall also be certified; and further provided that if the last
 6 eligible to be certified is one of two or more eligibles who have
 7 identical examination scores, those two or more eligibles shall
 8 be certified notwithstanding the fact that more than five persons
 9 are thereby certified to fill a vacancy; and further provided
10 that for each eligible without resident preference certified, a
11 resident who has filed a resident income tax return within the
12 State or who has been claimed as a dependent on a resident income
13 tax return, as provided by section 78-1, shall also be certified.
14      (c)  In any case where there are three or more eligibles in
15 one department whose names appear as eligibles on an
16 interdepartmental list, upon the request of the appointing
17 authority of the department those three or more names shall be
18 certified to the appointing authority as eligibles on an
19 intradepartmental eligible list; but where the interdepartmental
20 list has been in existence for more than six months and there are
21 five or more persons in the department qualified for the class,
22 the department may request an intradepartmental promotional
23 examination, in which case the director shall hold either an

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                                     S.B. NO.           2582

 1 interdepartmental or an intradepartmental promotional
 2 examination.  The order in which eligibles are placed on eligible
 3 lists shall be fixed by rule.  The appointing authority shall
 4 make the appointment only from the list of eligibles certified to
 5 the appointing authority unless the appointing authority finds no
 6 acceptable person on the list certified by the director, in which
 7 case the appointing authority shall reject the list and request
 8 the director to submit a new list, in which event the director
 9 shall submit a new list of eligibles selected in like manner;
10 provided that the appointing authority states reasons in writing
11 for rejecting each of the eligibles on the list previously
12 certified to the appointing authority by the director or, in case
13 of the counties, by the civil service commission.  Eligible
14 lists, other than the recall and reemployment lists, shall be
15 effective for one year but this period may be extended by the
16 director.
17      (d)  After giving appropriate notice, an appointing
18 authority may fill a vacant position by promoting any regular
19 employee of the department without examination; provided that:
20      (1)  The employee meets the minimum qualifications of the
21           class and vacant position;
22      (2)  The noncompetitive promotion shall be based on
23           appropriate selection documentation indicating that the

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                                     S.B. NO.           2582

 1           person promoted is the best qualified; and
 2      (3)  When there is no material difference between the
 3           qualifications of the employees concerned, the employee
 4           with the longest continuous civil service employment
 5           within the State or county granting the promotion shall
 6           receive first consideration for the promotion.
 7      Any regular employee receiving any such promotion without
 8 examination shall be ineligible for a second promotion without
 9 examination prior to such employee having completed one year of
10 satisfactory service in the position to which the employee was so
11 promoted, but the employee may at any time be eligible for a
12 promotion to any position through examination.
13      (e)  An employee filling a permanent position temporarily
14 vacant may be given a permanent appointment to the position if it
15 later develops that the vacancy will be permanent, provided the
16 employee was originally appointed from an appropriate eligible
17 list and the appointing authority certifies that the employee has
18 been performing the duties of the position in a satisfactory
19 manner.
20      (f)  Notwithstanding subsections (a) to (e), the appointing
21 authority may advertise, recruit, examine, and fill established
22 class vacancies that are unique to and are only employed by the
23 appointing authority's department or agency." 

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                                     S.B. NO.           2582

 1      SECTION 2.  New statutory material is underscored.
 2      SECTION 3.  This Act shall take effect on July 1, 2000. 
 4                           INTRODUCED BY:  _______________________