THE SENATE	S.B. NO.	2795
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

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 purpose of this Act is to seek authorization of permanent civil service position counts and appropriate out of the general and non-general funds of the State of Hawaii for these positions to support state agency operations.

     SECTION 2.  In 1997, the Hawaii Supreme Court ruled in Konno v. Hawaii County 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, Act 90 was enacted in 2001. Act 90, Part II, allowed the State of Hawaii to contract for services historically and customarily performed by civil service employees if equivalent or better services could be provided at lower cost. However, Act 90, Part II, was repealed on June 30, 2007.

     After Act 90 was repealed, the United Public Workers filed class grievances as well as lawsuits in circuit court arguing that the State of Hawaii and the counties should cease the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 of Hawaii.

     Through court-ordered mediation, an agreement was reached between the United Public Workers and the State of Hawaii 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 Hawaii 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. In order 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 in order to provide necessary services to the public through civil service employees rather than through contractors.

     SECTION 3.  In an effort to facilitate the provision of refuse collection for the Hawaii Public Housing Authority, and in order to fulfill operational needs with regard to work historically and customarily performed by civil service personnel, a total of 27 permanent positions are requested for the Hawaii Public Housing Authority for refuse collection workers, as follows:

     (1)  Fifteen (15) Heavy Truck Driver positions;

     (2)  Four (4) Refuse Collector positions;

     (3)  Seven (7) Truck Driver/Laborer positions;

     (4)  One (1) welder position;

     Only partial funding well be required based on use of existing special funds. Position funding is requested at a cost of $472,783.

     Eight Hundred and Fifteen (815) Refuse collection bins are requested at a cost of $2,900 each totaling $1,764,475.

     Nineteen (19) Refuse collection front loader trucks are requested at a cost of $168,000 each totaling $3,180,000.

     Eight (8) Scout Trucks are requested at a cost of $90,000 each totaling $720,000.

     Welding equipment is requested at a cost of $42,000.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Civil Service; Establish Positions

 

Description:

Authorizes establishment of permanent civil service positions for the Hawaii Public Housing Authority to provide services historically and customarily performed by civil service employees in connection with refuse collection.

 

 

 

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