Bill Text: HI HB2368 | 2018 | Regular Session | Amended
Bill Title: Relating To Services Performed By Civil Service Employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-03-23 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [HB2368 Detail]
Download: Hawaii-2018-HB2368-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2368 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO SERVICES PERFORMED BY CIVIL SERVICE EMPLOYEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in 1997, the Hawaii supreme court ruled in Konno v. County of Hawaii that Hawaii county violated civil service laws and merit principles when it hired private contractors to perform landfill operations work. The court ruled that state civil service laws allowed only civil service employees to perform work historically and customarily done by civil service employees.
In response to Konno, part II of Act 90, Session Laws of Hawaii 2001 (Act 90), allowed the State to contract for services historically and customarily performed by civil service employees if equivalent or better services could be provided at lower cost. However, part II of Act 90 was repealed on June 30, 2007.
After part II of Act 90 was repealed, the United Public Workers filed class grievances as well as lawsuits in circuit court arguing that the State and the counties should cease the practice of contracting for services historically and customarily performed by civil service employees. Over time, the counties reached settlements with the United Public Workers, leaving only the claims against the State.
Through court-ordered mediation, an agreement was reached between the United Public Workers and the state executive branch relating to services historically and customarily performed by civil service employees as it relates to the United Public Workers. This agreement reflected the State's commitment to comply with the supreme court's ruling in Konno, while concurrently recognizing the State's duty to provide services to the public.
Without a sufficient number of civil service positions and employees to perform services historically and customarily performed by United Public Workers-type employees, state agencies have had to resort to contracting for these services. To address this situation and enable state agencies to comply with the Konno ruling, it is estimated that the State will need an additional 598 permanent positions and approximately $75,571,516 for positions and associated equipment in general and non-general funds to provide necessary services to the public through civil service employees rather than through contractors.
In an effort to facilitate the provision of refuse collection for the Hawaii public housing authority, and to fulfill operational needs with regard to work historically and customarily performed by civil service personnel, permanent full-time positions are requested for the Hawaii public housing authority for refuse collection.
The purpose of this Act is to:
(1) Appropriate funds for the establishment of permanent full-time civil service positions and equipment for the Hawaii public housing authority in connection with refuse collection; and
(2) Require the department of human resources development to develop a multi-year strategic plan to transition contracted positions that are historically and customarily performed by civil service employees to civil service positions in order to comply with the Konno decision.
(1) $ for fifteen full-time equivalent (15.0 FTE) heavy truck driver positions;
(2) $ for four full-time equivalent (4.0 FTE) refuse collector positions;
(3) $ for seven full-time equivalent (7.0 FTE) truck driver/laborer positions; and
(4) $ for one full-time equivalent (1.0 FTE) welder position.
The sum appropriated shall be expended by the Hawaii public housing authority for the purposes of this Act.
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2018-2019 for the following to be used by the Hawaii public housing authority in connection with refuse collection:
(1) $ for eight hundred fifteen refuse collection bins;
(2) $ for nineteen refuse collection front loader trucks;
(3) $ for eight scout trucks; and
(4) $ for welding equipment.
The sum appropriated shall be expended by the Hawaii public housing authority for the purposes of this Act.
SECTION 4. (a) The department of human resources development shall develop a multi-year strategic plan to transition contracted positions that are historically and customarily performed by civil service employees to civil service positions in order to comply with the decision under Konno v. County of Hawaii.
(b) The multi-year strategic plan shall include but not be limited to:
(1) A strategic plan that details the phases over multiple years to transition contracted positions that are historically and customarily performed by civil service employees to civil service positions and the costs associated with the transition, including:
(A) The total number of all contracted positions in the State historically and customarily performed by civil service employees and a listing that identifies the position title, and number of positions at each position title;
(B) The total approximate cost needed to fund these positions and associated equipment; and
(C) Methods of transitioning these contracted positions into civil service positions and funding mechanisms for the transition;
(2) Of the identified additional 598 contracted positions historically and customarily performed by United Public Workers-type employees and approximately $75,500,000 needed to fund these positions and associated equipment, a listing that identifies the position title, number of positions at each position title, and cost to fund each position title;
(3) Any other associated costs in transitioning contracted positions that are historically and customarily performed by civil service employees to civil service positions in order to comply with the decision under Konno and sources of funding to cover these costs; and
(4) Any other potential areas that the department of human resources development deems necessary.
(c) The department of human resources development
shall submit a report of its findings and recommendations, including any
proposed legislation, to the legislature no later than twenty days prior to the
convening of the regular session of 2019.
SECTION 5. This Act shall take effect on July 1, 2018; provided that the Hawaii public housing authority shall hire all positions funded under section 2 and purchase all equipment funded under section 3 by July 1, 2020.
Report Title:
Civil Service; Establish Positions; Hawaii Public Housing Authority; Department of Human Resources Development; Appropriation
Description:
Appropriates funds for permanent civil service positions and equipment for the Hawaii Public Housing Authority to provide services historically and customarily performed by civil service employees in connection with refuse collection. Requires the department of human resources development to develop a multi-year strategic plan to transition contracted positions that are historically and customarily performed by civil service employees to civil service positions in order to comply with the decision under Konno v. County of Hawaii. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
