Title 7, Public Officers And Employees

PART I. GENERAL CIVIL SERVICE PROVISIONS §76-1 Purposes; merit principle. It is the purpose of this chapter to require each jurisdiction to establish and maintain a separately administered civil service system based on the merit principle. The merit principle is the selection of …

[§76-1.5] Executive branch workforce demographic profile. (a) The director of human resources development shall compile a profile on the workforce of the executive branch of the State that shall include:

§76-103 Veteran's preference. The extent to which veteran's preference shall be given to veterans, to disabled veterans, to spouses of disabled veterans, and to surviving spouses of deceased servicemen who have not remarried shall be provided by rules and regulations. [L 1955, c …

§76-11 Definitions. As used in this chapter, unless the context clearly requires otherwise: "Appointing authority" means a department head or designee having the power to make appointments or changes in the status of employees. "Chief executive" means the governor, the respective…

[§76-11.6] Special, research, or demonstration project positions. Notwithstanding any law to the contrary, with the approval of the governor, the head of a department may establish and abolish any subordinate position for an employee engaged in a special, research, or demonstrati…

§76-12 General powers and duties of director. The director shall:

§76-13 Specific duties and powers of director. The director shall direct and supervise all the administrative and technical activities of the director's department. In addition to other duties imposed upon the director by this chapter, the director shall:

[§76-13.5] Classification. (a) Each director shall establish, implement, and maintain one or more classification systems covering all civil service positions, not otherwise exempted by rules. The classification systems shall be constructed with the objective of achieving equal pa…

§76-14 Merit appeals board; duties, and jurisdiction. (a) The merit appeals board of each jurisdiction shall decide appeals from any action under this chapter taken by the chief executive, the director, an appointing authority, or a designee acting on behalf of one of these indiv…

§76-15 Examination consultants. (a) The director or an appointing authority may select employees in the jurisdiction's service or any individual to act as volunteer subject-matter consultants in the preparation and rating of applications and examinations. Notwithstanding the prov…

§76-16 Civil service and exemptions. (a) The state constitution mandates that the employment of persons in the civil service, as defined by law, be governed by the merit principle. The legislature declares that the public policy of the State is that all positions in the civil ser…

§76-17 Rules; policies, standards, and procedures. (a) In conformity with chapter 91, the director shall prescribe rules to carry out this chapter which shall have the force and effect of law. The rules may include any matter not inconsistent with law concerning the establishment…

§76-18 Examinations. There shall be examinations for testing the fitness and ability of applicants for positions in civil service. The director shall adopt rules to administer the examination programs. [L 1955, c 274, pt of §1; RL 1955, §3-21(a); am L 1957, c 198, §1; am L Sp 195…

§76-22.5 Recruitment. The director shall adopt rules in accordance with sections 76-1 and 78-1 to determine, establish, and maintain the manner in which civil service positions are to be filled. The director shall seek continuous improvements to streamline the recruitment process…

[§76-22.6] Recruitment; minimum qualification review; state departments, divisions, and agencies. (a) Notwithstanding any other law to the contrary, a state department, division, or agency, rather than the department of human resources development, may conduct a minimum qualifica…

§76-23.5 Recruitment incentives. Within limits set forth in rules of the director, appointing authorities may pay for all or a portion of the travel and transportation expenses or to provide a monetary incentive to enhance the recruitment of persons employed or appointed to criti…

§76-27 Probationary service and other requirements for membership in the civil service. (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…

§76-28 Forms required of appointing authorities. Each director shall develop and administer an employment records management system and require appointing authorities to transmit such records as the director may request. Appointing authorities shall maintain records of all appoin…

[§76-28.5] Temporary employment in state positions. (a) No department or agency of the State shall temporarily employ the same person in the same position that is wholly funded by general funds for more than two terms of eighty-nine days; provided that with the approval of the go…

§76-29 Person ineligible for appointment. A person shall be ineligible for any appointment in the civil service for a specified period of time as determined appropriate by the director for reasons including, but not limited to, the following:

§76-30 Tenure; resignations. (a) Every member of the civil service shall be entitled to hold the member's position for the duration of the member's appointment as provided in section 76-27. Resignations shall be in writing in accordance with rules. (b) If an employee resigns with…

[§76-30.5] Leaves of absence to accept appointed positions exempt from the civil service; prohibited. Notwithstanding section 78-23, no leave of absence shall be granted to any employee who leaves a position covered under this chapter for a position that is exempt from this chapt…

§76-41 Performance appraisal systems; failure to meet performance requirements. (a) There shall be established and maintained performance appraisal systems for the purpose of evaluating the performance of employees in the civil service and improving the employees' performance. Th…

§76-42 Internal complaint procedures. (a) The director shall promulgate a uniform plan for the creation of internal complaint procedures in the various departments that shall apply to matters within the jurisdiction of the merit appeals board. The internal complaint procedures ma…

§76-43 Layoff. When it is necessary to release employees due to lack of work, lack of funds, or other legitimate reasons, employees with permanent appointments in civil service positions shall have layoff rights. Layoffs shall be made in accordance with procedures negotiated unde…

§76-45 Suspension. An appointing authority may, for disciplinary purposes, suspend any employee without pay or place an employee on leave without pay pending an investigation. Suspensions and leaves without pay pending an investigation shall be in accordance with procedures negot…

§76-46 Discharges; demotions. An appointing authority may discharge or demote any employee when the appointing authority considers that the good of the service will be served thereby. Discharges may be made only for such causes that will promote the efficiency of government servi…

§76-47 Merit appeals boards; appointment, authority, procedures. (a) Each jurisdiction shall establish a merit appeals board that shall have exclusive authority to hear and decide appeals relating to matters set forth in section 76-14 concerning the civil service of the jurisdict…

§76-49 Subpoenas, oaths. The merit appeals board shall have such powers as may be provided by law with respect to compelling the attendance of witnesses and administering oaths to witnesses, and as to all matters within the scope of its authority the director and any hearing offi…

§76-5 Alternatives in providing human resources program services. (a) Whenever consistent with economic and efficient administration, the director may delegate the performance of services under this chapter to the departments. The departments shall perform the services in complia…

§76-50 Compensation and expenses of a merit appeals board. Each member of a merit appeals board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 1955, c 274, pt of §1; RL 1955, pt o…

§76-51 Prohibited activities by members of a merit appeals board. No person who occupies any elective or appointive office under the state or county government shall be eligible for membership on or continue to be a member of the merit appeals board. The term "appointive office" …

§76-6 Chapter inoperative, when. 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. [L 1955, c 2…

PART II. SPECIAL CIVIL SERVICE PROVISIONS FOR THE COUNTIES OF HAWAII, MAUI, AND KAUAI §76-71 Department of civil service. There shall be a department of civil service for each of the counties of Hawaii, Maui, and Kauai, which shall include a personnel director and a merit appeals…

§76-75 Personnel director. The merit appeals board shall appoint and may at pleasure remove a personnel director, who shall be the chief administrative officer of the department of civil service. The director shall, at the time of the director's appointment, and thereafter, be th…

§76-76 Deputy director. The personnel director may designate a qualified person as the director's deputy. The deputy shall be thoroughly familiar with the principles and methods of personnel administration and shall believe in applying merit principles and scientific administrati…

§76-77 Civil service and exemptions. The civil service to which this part applies comprises all positions in the public service of each county, now existing or hereafter established, and embraces all personal services performed for each county, except the following: The director …

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…