REPORT TITLE:
Recruitment


DESCRIPTION:
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

RELATING TO RECRUITMENT.



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

 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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 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. 
 
 3 
 
 4                           INTRODUCED BY:  _______________________