Title 7, Public Officers And Employees

PART I. GENERAL PROVISIONS--REPEALED §78-1 Citizenship and residence; exceptions. (a) All elective officers in the service of the government of the State or any county shall be citizens of the United States and residents of the State for at least three years immediately preceding…

[§78-1.5] Definitions. As used herein, unless the context clearly requires otherwise, the terms "appointing authority", "chief executive", "director", "employee", "employer", and "jurisdiction" shall have the same meaning as those terms are defined in section 76-11. [L 2000, c 25…

[§78-1.6] Office hours. Offices of the State and counties shall be open for the transaction of public business as determined by the chief executive. Offices need not be open for the transaction of public business on the state holidays designated under section 8-1 and as observed …

§78-10 Procedure upon default. If any person subject to sections 78-8 to 78-11 refuses to appear or refuses to testify under any of the circumstances contemplated in section 78-9, the presiding judge or officer of the court or body before which the default or refusal occurs shall…

§78-11 Review of discharge. The removal or discharge of any person from office or employment under sections 78-8 to 78-11 shall not be reviewable by any court, officer, or agency of the State or county, or any political subdivision thereof, but nothing herein shall preclude any c…

§78-12 Salary withheld for indebtedness to the government. (a) In case any officer, agent, employee, or other person in the service of a jurisdiction is indebted to a jurisdiction and the indebtedness has been determined by a hearing pursuant to chapter 91, upon demand of the off…

§78-13 Salary periods. (a) Unless otherwise provided by law, all officers and employees shall be paid at least semimonthly except that substitute teachers, part-time hourly rated teachers of adult and evening classes, and other part-time, intermittent, or casual employees may be …

§78-16.5 Pay of officers and employees on active military service and other periods. (a) All officers and employees of the State and the several counties who are appointed for at least six months of service shall be entitled, while on active duty, inactive-duty training, or durin…

[§78-16.6] Nonforfeiture for absence. Every officer and employee of the State and the several counties who is a member of the Hawaii national guard or organized reserves, including the officers' reserve corps and the enlisted reserve corps, shall be entitled to be absent from the…

§78-17 Payment of salaries or wages upon discharge from service. Whenever in any case, and for whatever cause, the employment of any officer, agent, employee, or other person in the public service is discharged, the discharged person shall be paid immediately upon the approval of…

[§78-18.3] Prohibition on certain increases in salaries for certain state and county officers or employees. Any law to the contrary notwithstanding, neither the State nor any of the counties shall provide or pay to the following state or county officers or employees any adjustmen…

§78-2.6 Prospective employees; suitability for public employment. All prospective employees, regardless of the positions they will assume, shall demonstrate their suitability for public employment by: If an applicant fails to meet the suitability requirements of the employing jur…

[§78-2.7] Criminal history record checks. (a) The State or any of its branches, political subdivisions, or agencies shall develop standards and procedures to ensure the reputable and responsible character of applicants and employees, which shall include criminal history record ch…

[§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) If the felony conviction that results in the terminatio…

§78-20 Sureties. Whenever by any law, regulation, ordinance, rule or order of court, or any rule of any department of the state government or of any subdivision thereof, any person shall be required to give any written bond or undertaking for the performance of any contract or th…

§78-21 Limitation of liability. Except in cases of gross negligence, no public officer or employee shall be liable for damages to government property if such damages to government property were caused by the public officer or employee while performing work within the scope of the…

§78-23 Leaves of absence. (a) Employees shall be eligible for vacation leave, sick leave, and other leaves of absence, with or without pay, as negotiated under chapter 89 or adjusted under chapter 89C, as applicable. (b) When an employee is transferred from one department to anot…

[§78-23.5] Paid leave for state and county employees providing disaster relief services for the American Red Cross. (a) The governor or mayor or their respective designees may grant a state or county employee who is a certified American Red Cross disaster volunteer up to thirty d…

[§78-23.6] Leave of absence to serve as bone marrow donor or organ donor. Any officer or employee in the service of the State or any of the several counties shall be entitled to:

[§78-24] Injured employee; liability of third persons. (a) Whenever any police officer, firefighter, or any other officer or employee who is temporarily exposed to unusually hazardous conditions, or who is a member of a class, recognized by the action of pricing, to be a class ex…

§78-25 Credits for employees receiving workers' compensation benefits; wage supplement. (a) Where an employee is absent from work because of injuries incurred within the scope of the employee's employment and the employee is receiving workers' compensation benefits, the employee …

§78-26 Leave sharing program. (a) The legislature, with regard to its employees, or the chief executive of a jurisdiction may establish a leave sharing program to allow employees to donate accumulated vacation leave credits to another employee within the same jurisdiction who has…

[§78-27] Temporary inter- and intra-governmental assignments and exchanges. (a) With the approval of the respective employer, a governmental unit of this State may participate in any program of temporary inter- or intra-governmental assignments or exchanges of employees as a send…

[§78-28] In-service training programs. Each director shall monitor, make recommendations, and develop policies and guidelines for suitable in-service training programs and activities so that the quality of service rendered by government employees may be continually improved. Part…

§78-29 Incentive and service awards. (a) Each chief executive may establish incentive and service awards programs to recognize employees who contribute to the efficiency, economy, or other improvement of government operations or who perform exceptionally meritorious special acts …

[§78‑3.1] Whistleblowers; notice. (a) Upon receipt of any complaint made pursuant to section 378-70, the department of labor and industrial relations shall inform the complainant of the complainant's rights under the law. (b) The department of labor and industrial relations shall…

[§78-3.5] Experimental modernization projects. (a) It is the intent of this section to encourage and facilitate improvements in the human resource programs of the several jurisdictions. With the approval of the chief executive, the director may conduct experimental modernization …

[§78-3.6 Experimental modernization projects; county boards of water supply.] It is the intent of this section to encourage and facilitate improvements in the human resource programs of qualifying boards of water supply. With or without the approval from the chief executive, the …

[§78-30] Cafeteria plans. (a) Each chief executive may establish a wage and salary reduction benefit program which qualifies as a cafeteria plan within the meaning of section 125 of the Internal Revenue Code of 1986, as amended. The cafeteria plan shall allow eligible employees t…

§78-31 Paid leave; education of children. Employees shall be eligible for up to two hours of paid leave during normal business hours to attend either: provided that the time-off shall not be credited against vacation or sick leave benefits, if any; and provided further that the p…

[§78-32] Payment of approved travel costs for public officers and employees. (a) This section shall apply to all approved travel costs incurred by an officer or employee of the State or a county in connection with the official business of the respective jurisdiction. (b) Subject …

§78-4 Boards and commissions; service limited. (a) Any other provision of law to the contrary notwithstanding, no person shall be allowed to serve on more than one state board or commission expressly created by a state statute or the state constitution. (b) Any prohibition in any…

§78-52 Peer support counseling; sessions. (a) Unless the context otherwise requires, for the purposes of this section: "Emergency services personnel" means any employee of an emergency services provider who is engaged in providing firefighting, water safety, and emergency medical…

[§78-53] Pretax transportation benefit program. (a) Each chief executive may establish a wage and salary reduction benefit program which qualifies as a pretax transportation benefit program within the meaning of section 132 of the Internal Revenue Code of 1986, as amended. The pr…

§78-64 New employees; orientation on benefits and rights. (a) Each newly hired employee shall be provided a general orientation on the employee's benefits and rights within twenty calendar days of being hired. The orientation shall be conducted by the employee's respective jurisd…

[§78-65] County mayors; outside employment and emoluments prohibited. (a) Beginning November 1, 2022, as of the sixty-first calendar day after election or appointment to office, it shall be unlawful for each county mayor, while holding that office, to maintain any other employmen…

[§78-66] Employment first; persons with disabilities. (a) Employment first shall be a policy of the State and the counties. Employment services are the first choice of services that are offered for persons with disabilities receiving assistance from publicly funded systems. State…

[§78-67] Bachelor's degree requirements for state or county employment; prohibition. (a) The State or any of its departments, agencies, or political subdivisions shall not require a bachelor's degree as a condition of eligibility for hire to a position in state or county employme…

§78-7 Certain public officers prohibited from receiving certain masterships and master's fees; forfeiture. No person holding any salaried office or employment in the executive or judicial branches of the government of the State or any county thereof, or holding any executive or j…

§78-8 Persons subject to sections 78-8 to 78-11. The persons subject to sections 78-8 to 78-11 are those elected to or appointed or employed in the government of the State or any county, or in any political subdivision thereof, or appointed to or employed in any office or employm…

§78-9 Failure to appear or testify, termination of employment. If any person subject to sections 78-8 to 78-11, after lawful notice or process, wilfully refuses or fails to appear before any court or judge, any legislative committee, or any officer, board, or commission, or havin…