Title 7, Public Officers And Employees

[§88E-6] Compensation and expenses. Each trustee shall serve without compensation but shall be reimbursed from the fund for any necessary expense incurred in the performance of the trustee's duties. [L Sp 1981 1st, c 7, pt of §1; gen ch 1985]

[§88E-7] Legal advisor. The attorney general shall be the legal advisor of the board. [L Sp 1981 1st, c 7, pt of §1]

§88E-8 Deferred funds. Sums deferred under the plan, as well as property and rights purchased with such amounts and income attributable to such amounts, shall be held in trust outside the state treasury in accordance with section 457 of the Internal Revenue Code of 1986, as amend…

§88E-9 Investments. (a) The board may create a trust or other special funds for the segregation of funds or assets resulting from compensation deferred and for the administration of the plan. (b) Participating employees shall invest their deferred compensation in the investment p…

[§88F-1] Definitions. As used in this chapter, unless the context clearly indicates otherwise: "County" means the counties of Honolulu, Hawaii, Kauai, and Maui. "Employee" means a part-time, temporary, seasonal or casual employee, as defined by rules of the board of trustees, who…

[§88F-10] Deferred amounts as compensation. Any compensation deferred pursuant to a plan established under this chapter shall be deemed regular compensation, but shall not be included in the computation of federal income taxes withheld on behalf of any participating employee. [L …

[§88F-11] Costs of the plan. Costs for implementing and administering the plan shall be borne by the plan and its participants, except for incidental expenses, such as the cost of payroll deductions and the routine processing of forms. [L 1996, c 212, pt of §2]

§88F-12 County deferred compensation retirement plan for part-time, temporary, and seasonal or casual employees. A county may enter into a formal agreement with the State to extend the State's deferred compensation retirement plan and its provisions to part-time, temporary, and s…

[§88F-13] Existing retirement and deferred compensation plans. This chapter shall not affect any existing retirement or deferred compensation plans established under section 457 of the Internal Revenue Code of 1986, as amended, or chapter 88E. [L 1996, c 212, pt of §2]

§88F-2 State deferred compensation retirement plan for state and county part-time, temporary, and seasonal or casual employees. The State may establish a deferred compensation retirement plan in accordance with sections 457 and 3121 of the Internal Revenue Code of 1986, as amende…

§88F-3 Board of trustees. (a) The authority to establish the plan and implement this chapter is vested in the board of trustees which currently administers the state deferred compensation plan under chapter 88E. (b) The board shall adopt, in accordance with chapter 91, rules nece…

[§88F-4] Compensation and expenses. Each trustee shall serve without compensation but shall be reimbursed by the plan for any necessary expense incurred in the performance of the trustee's duties pertaining to the plan. [L 1996, c 212, pt of §2]

[§88F-5] Legal adviser. The attorney general shall be the legal adviser of the board. [L 1996, c 212, pt of §2]

§88F-6 Deferred funds. Sums deferred under the plan, as well as property and rights purchased with the amounts and income attributable to the amounts, shall be held in trust outside the state treasury in accordance with section 457 of the Internal Revenue Code of 1986, as amended…

§88F-7 Investments. (a) The board may create a trust or other special funds for the segregation of funds or assets resulting from compensation deferred and for the administration of the plan. (b) Participating employees shall invest their deferred compensation in the investment p…

[§88F-9] Limitation on liability. The State or county shall not be liable for the sums deferred or the results of any investment product. [L 1996, c 212, pt of §2]

§89-1 Statement of findings and policy. (a) The legislature finds that joint decision-making is the modern way of administering government. Where public employees have been granted the right to share in the decision-making process affecting wages and working conditions, they have…

§89-10 Written agreements; enforceability; cost items. (a) Any collective bargaining agreement reached between the employer and the exclusive representative shall be subject to ratification by the employees concerned, except for an agreement reached pursuant to an arbitration dec…

§89-10.5 Collective bargaining and local school initiatives. Notwithstanding any other law to the contrary, any collective bargaining agreement concerning public school employees may include terms that would allow an employee to work a longer period each day and a longer school y…

§89-10.55 Charter school collective bargaining; bargaining unit; employer; exclusive representative. (a) Employees of charter schools shall be assigned to an appropriate bargaining unit as specified in section 89-6; provided that if a charter school employee's job description con…

§89-10.6 Schools; waiver of policies, rules, or procedures. Any school may initiate a waiver from policies, rules, or procedures, including collective bargaining agreements, as provided for in section 302A-1126. [L 1993, c 364, pt of §11; am L 1994, c 272, §23; am L 1996, c 89, §…

[§89-10.8] Resolution of disputes; grievances. (a) A public employer shall enter into written agreement with the exclusive representative setting forth a grievance procedure culminating in a final and binding decision, to be invoked in the event of any dispute concerning the inte…

§89-11 Resolution of disputes; impasses. (a) A public employer and an exclusive representative may enter, at any time, into a written agreement setting forth an alternate impasse procedure culminating in an arbitration decision pursuant to subsection (f), to be invoked in the eve…

§89-12 Strikes, rights and prohibitions. (a) It shall be unlawful for any employee to participate in a strike if the employee: (b) It shall be lawful for an employee, who is not prohibited from striking under subsection (a) and who is in the appropriate bargaining unit involved i…

§89-13 Prohibited practices; evidence of bad faith. (a) It shall be a prohibited practice for a public employer or its designated representative wilfully to: (b) It shall be a prohibited practice for a public employee or for an employee organization or its designated agent wilful…

§89-14 Prevention of prohibited practices. Any controversy concerning prohibited practices may be submitted to the board in the same manner and with the same effect as provided in section 377-9; provided that the board shall have exclusive original jurisdiction over such a contro…

§89-15 Financial reports to employees. Every employee organization shall keep an adequate record of its financial transactions. It shall make available to all employees who pay the employee organization dues or its equivalent an annual financial report in the form of a balance sh…

§89-16 Public records and proceedings. The complaints, orders, and testimony relating to a proceeding instituted by the board under section 377-9 shall be public records and be available for inspection or copying. All proceedings pursuant to section 377-9 shall be open to the pub…

[§89-16.5] Access to personal records by an employee organization. Exclusive representatives shall be allowed access to an employee's personal records which are relevant to the investigation or processing of a grievance. The exclusive representative shall not share or disclose th…

§89-16.6 Disclosure to an exclusive representative. (a) The appropriate government agencies shall, upon written request, disclose to an exclusive representative information relating to employees within their respective bargaining unit as follows: name; mailing address; physical w…

§89-17 List of employee organizations and exclusive representatives. The board shall maintain a list of employee organizations. To be recognized as such and to be included in the list, an organization shall file with the board a statement of its name, the name and address of its …

§89-18 Penalty. Any person who wilfully assaults, resists, prevents, impedes, or interferes with any member of the board or any of its agents or employees in the performance of duties pursuant to this chapter, shall be fined not more than $500 or imprisoned not more than one year…

§89-19 Chapter takes precedence, when. This chapter shall take precedence over all conflicting statutes concerning this subject matter and shall preempt all contrary local ordinances, executive orders, legislation, or rules adopted by the State, a county, or any department or age…

§89-2 Definitions. As used in this chapter: "Appropriate bargaining unit" means the unit designated to be appropriate for the purpose of collective bargaining pursuant to section 89-6. "Arbitration" means the procedure whereby parties involved in an impasse submit their differenc…

§89-20 Chapter inoperative, when. (a) If any provision of this chapter jeopardizes the receipt by the State or any county of any federal grant-in-aid or other federal allotment of money, the provision shall, insofar as the fund is jeopardized, be deemed to be inoperative. (b) The…

§89-23 Classroom cleaning; exception. No collective bargaining agreement or executive policy put forth after July 1, 1993, shall contain provisions that may preclude the implementation of the classroom cleaning project established in section 302A-1507, unless a contract waiver pr…

§89-3 Rights of employees. Employees shall have the right of self-organization and the right to form, join, or assist any employee organization for the purpose of bargaining collectively through representatives of their own choosing on questions of wages, hours, and other terms a…

§89-3.5 Religious exemption from support of employee organization. Notwithstanding any other provision of law to the contrary, any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historica…

§89-4 Payroll deductions. (a) Upon receiving from an exclusive representative a written statement specifying the amount of regular dues required of its members in the appropriate bargaining unit, the employer shall deduct this amount from the payroll of every member employee in t…

§89-5 Hawaii labor relations board. (a) There is created a Hawaii labor relations board to ensure that collective bargaining is conducted in accordance with this chapter and that the merit principle under section 76-1 is maintained. (b) The board shall be composed of three member…

§89-5.1 Hearing notice. Notwithstanding section 91-9.5, in any hearing conducted by the board, all parties shall be given written notice of the hearing by first class mail or by electronic service through a company designated by the board at least fifteen days before the schedule…

§89-6 Appropriate bargaining units. (a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit: (b) Because of the nature of work involved and the essentiality of certain occupations that require specialized train…

[§89-6.5] Establishment of new bargaining units. [Section repealed July 1, 2027. L 2024, c 143, §6.] (a) The board shall adopt rules pursuant to chapter 91 establishing criteria and procedures for the establishment of a new bargaining unit. The rules shall include a requirement t…

§89-7 Elections. (a) Whenever, in accordance with regulations as may be prescribed by the board pursuant to chapter 91, a petition is filed by an employee organization to determine whether or by which organization employees desire to be represented for the purpose of collective b…

§89-8 Recognition and representation; employee participation. (a) The employee organization that has been certified by the board as representing the majority of employees in an appropriate bargaining unit shall be the exclusive representative of all employees in the unit. As excl…

§89-8.5 Negotiating authority; Hawaii health systems corporation. Notwithstanding any law to the contrary, including section 89-6(d), the Hawaii health systems corporation or any of the regional boards, as a sole employer negotiator, may negotiate with the exclusive representativ…