Bill Text: HI SB1445 | 2012 | Regular Session | Introduced
Bill Title: Public Employees; Criminal Conviction
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1445 Detail]
Download: Hawaii-2012-SB1445-Introduced.html
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THE SENATE |
S.B. NO. |
1445 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 78-2.8, Hawaii Revised Statutes, is amended to read as follows:
"[[]§78-2.8[]] Public
employees; termination. (a) If a public employee is convicted of a felony
for conduct related to the public employee's duties, the public employee shall
be terminated from the public employee's position.
(b) The period of time between the earliest date that the felony conduct occurred, as determined by the trier of fact or pursuant to an admission of the public employee in a criminal prosecution, and the date that employment was terminated pursuant to subsection (a) shall not be included in the calculation of the employee's credited service for purposes of eligibility for benefits pursuant to chapter 88. If the felony conviction that results in the termination of a public employee pursuant to subsection (a) is overturned on appeal, there shall be no deduction of time from the calculation of credited service pursuant to this subsection.
[(b)] (c) If the felony
conviction that results in the termination of a public employee pursuant to
subsection (a) is overturned on appeal, the public employee shall receive back
pay and be returned to the position the public employee held prior to
conviction, or an equivalent position if the public employee's position was
filled; provided that the employee is not terminated from the employee's
position in accordance with any other provision of law.
[(c)] (d) For purposes of this
section:
(1) "Public employee" means any public employee of the State or any county, and the political subdivisions and agencies thereof, any employees under contract with the State or county, any civil service employees, and any probationary or provisional employees of the State or county;
(2) Employees covered by chapter 89 shall be entitled to a grievance procedure culminating in a final and binding decision; and
(3) A rebuttable presumption shall arise that the criminal conviction is just and proper cause for the employee's termination."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon ratification of an amendment to article XVI, section 2, of the Constitution of the State of Hawaii to allow a member's accrued pension benefits in the employees' retirement system to be diminished or impaired.
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INTRODUCED BY: |
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Report Title:
Public Employees; Criminal Conviction
Description:
Deducts the period of time between the earliest instance of criminal conduct by a public employee and criminal conviction for the conduct from the calculation of credited service for purposes of pension benefits calculation.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
