Bill Text: HI SB2626 | 2010 | Regular Session | Amended
Bill Title: Public Service; Positions Insulated from Partiality; Non-Civil Service, Temporary Employees; Reports
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2010-04-06 - (H) Recommitted to FIN with Representative(s) Har, Manahan, M. Oshiro, Tokioka, Yamane voting no and Representative(s) Aquino, Bertram, Hanohano excused. [SB2626 Detail]
Download: Hawaii-2010-SB2626-Amended.html
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THE SENATE |
S.B. NO. |
2626 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC SERVICE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that during this time of economic upheaval and limited human and fiscal resources, it is vital that the responsibilities and duties of state workers be carried out and achieved in the most efficient, successful, and cost-effective manner.
The legislature also finds that in the employer-public service employee relationship it is imperative for the employee to have an initial probation period that allows the employer and employee to develop a complete and clear understanding of what the employee's daily job requirements will consist of over the course of one year and to also give the employer sufficient time to assess the employee's ability to meet the fundamental expectations of their job position. In some cases, certain civil service positions that have only a six-month initial probation period can create an inherent risk for inefficiencies, ineffectiveness, or ineptness.
In the wake of the current revenue shortfalls of this State there have been numerous layoffs of civil service position employees. Later this year, the governor has announced a second wave of layoffs is likely for civil service employees and for those working in civil service-like positions. To prevent the potential for overloading the hiring of permanent civil service employees and thus further deteriorating the State's fiscal and human resources that are dedicated to providing core government functions, the legislature finds that the initial probation period for civil service positions needs to be extended. However, the extended initial probation period identified in this Act will only apply retroactively to employees who transfer, or previously transferred, from a civil service exempt position into a civil service position between December 15, 2009, and December 31, 2011, to avoid the possibility of civil service employees who have satisfied their six-month initial probation period before the effective date of this Act from forfeiting their civil service status.
The legislature further finds that providing periodic reports to the legislature about the hiring practices of civil service employees will enhance the transparency and accountability of state government operations. In addition, periodic reporting will assist the legislature in identifying potential pitfalls to providing for the efficient and timely delivery of critical services and functions of state government.
The purpose of this Act is to:
(1) Ensure that permanent civil service employees have the necessary skill, knowledge, and expertise to carry out their civil service duties in an efficient, successful, and cost-effective manner by temporarily lengthening the initial probation period from six months to twelve months for persons occupying a position that is exempt from civil service who then either transfers into a civil service position or is hired in a civil service position within ninety days of their departure from their non-civil service position; provided that these provisions shall only apply retroactively to employees who are hired in a civil service position between December 15, 2009, and December 31, 2011; and
(2) Require state agencies to provide quarterly reports to the legislature of all non-civil service and temporary employees employed by the agency.
SECTION 2. Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§78- Non-civil service, temporary employees; report by state agencies. Every state agency shall report to the legislature all non-civil service, temporary employees employed by the agency for each quarterly period of the fiscal year, not later than the fifteenth day following the end of each quarterly period, as follows:
(1) Each position filled by a non-civil service, temporary employee, the purpose of the position, and the date that the position was established;
(2) How long the position has been filled by a non-civil service, temporary employee, and the reason the position has not been filled by a permanent civil service or exempt employee; and
(3) In the case of any position that has been filled by the rehiring of a person for at least three contract periods in one fiscal year, the reasons for the rehiring and why the position should or should not be made permanent.
For the purposes of this section, "non-civil service, temporary employee" means any person employed for a contract period of less than ninety days."
SECTION 3. Section 76-11, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Initial probation period" means a period of not less than six months nor more than one year from the beginning of an employee's service in civil service."
SECTION 4. Section 76-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) All employees appointed to civil service positions shall constitute the membership of the civil service, but no employee shall be entitled to membership in civil service until the employee has:
(1) Successfully completed the initial probation period required as part of the examination process to determine the employee's fitness and ability for the position; provided that, notwithstanding the minimum time period of probation established under this section, the definition of initial probation period in section 76-11, or any rule adopted pursuant to this chapter, a person occupying a position exempt from civil service pursuant to section 76-16 and who either:
(A) Transfers into a civil service position between December 15, 2009, and December 31, 2011; or
(B) Voluntarily or involuntarily terminates employment from a position that is exempt from civil service pursuant to section 76-16 and, within ninety days of that termination, is subsequently hired in a civil service position between December 15, 2009, and December 31, 2011,
shall have an initial probation period of not less than twelve months commencing from the person's initial appointment to the civil service position that the person is transferring or being hired into; and
(2) Satisfied all requirements for employment prescribed by this chapter and the qualifications prescribed by section 78-1."
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon approval; provided that section 4 of this Act shall be repealed on December 31, 2012, and section 76-27(a)(1), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day before the approval of this Act.
Report Title:
Civil Service, Initial Probation Period
Description:
Requires every state agency to report to the legislature all non-civil service, temporary employees employed by the agency for each quarterly period of the fiscal year. Establishes a definition for initial probation period; amends section 27(a)(1), HRS, to provide that the initial probation period for a person transferring between a position exempt under section 76-16, HRS, to a civil service position between 12/15/2009 and 12/31/2011 shall be 12 months. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
