Report Title:

Public employees

Description:

Clarifies that when a civil service employee is released from a new position for inefficiency during the probationary period, that employee shall be returned to the former position. If the former position no longer exists or is filled by another civil servant, the employee shall be placed in a comparable position in accordance with reduction in force procedures authorized under a collective bargaining agreement. In the case of an excluded employee, the employee shall be placed in a vacant comparable position as determined by the employer. Defines "comparable position". (HB2464 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2464

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PUBLIC EMPLOYEES.

 

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

SECTION 1. Section 76-27, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) A member who is promoted or transferred to another position in the civil service may be required to successfully serve a new probation period as part of the examination process to determine the employee's fitness and ability for the new position but shall be entitled to all the rights and privileges of a member of the civil service, except the right to appeal a release from the new position (as distinguished from discharge from the service) for inefficiency during the probationary period, in which case the member shall be returned to the former position [or a comparable position.]; provided that if the former position no longer exists or is filled by another civil servant, the member shall be placed in a comparable position in accordance with reduction in force procedures authorized under a valid collective bargaining agreement, or in the case of an excluded employee, to a vacant comparable position as determined by the employer; provided further that for purposes of this section, the term "comparable position" means a position in any class of work in the same salary range, same bargaining unit, and same department for which the employee meets the minimum qualification requirements."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.