Bill Text: HI SB968 | 2017 | Regular Session | Amended
Bill Title: Relating To Services Performed By Civil Service Employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2017-03-09 - Referred to LAB/HSG, FIN, referral sheet 27 [SB968 Detail]
Download: Hawaii-2017-SB968-Amended.html
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THE SENATE |
S.B. NO. |
968 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
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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. 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, Session Laws of Hawaii 2001, 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 However, Act 90, part II, was repealed on June 30, 2007.
After Act 90 was repealed, the United Public Workers filed class grievances as well as lawsuits in circuit court arguing that the State of Hawaii and the counties should cease the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 599 permanent positions and approximately $105,091,764 (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 2. In an effort to facilitate the provision of housing opportunities for homeless individuals and others in need, and in order to fulfill operational needs with regard to work historically and customarily performed by civil service personnel, the following thirty-four permanent positions shall be established in the Hawaii public housing authority for multi-skilled worker teams:
(1) Three (3) general construction and maintenance supervisor I positions;
(2) Three (3) building maintenance worker II positions;
(3) Five (5) building maintenance worker I positions;
(4) Four (4) building maintenance helper positions;
(5) Three (3) general laborer I positions;
(6) Three (3) carpenter I positions;
(7) Four (4) plumber I positions;
(8) Two (2) plumber helper positions;
(9) Five (5) electrician I positions;
(10) One (1) painter I position; and
(11) One (1) welder I position.
Only permanent position counts are being established; funding is not required.
SECTION 3. This Act shall take effect on January 7, 2059.
Report Title:
Civil Service; Establish Positions; Hawaii Public Housing Authority
Description:
Establishes permanent civil service positions for the Hawaii Public Housing Authority to provide services historically and customarily performed by civil service employees in connection with creating housing opportunities for homeless individuals and others in need. Takes effect 1/7/2059. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
