Excludes principals and vice-principals from collective bargaining. Requires the superintendent to appoint principals and vice-principals for schools. Requires the BOE to set the salaries of principals and vice-principals.

A BILL FOR AN ACT

SECTION 1. Section 79-8, Hawaii Revised Statutes, is amended to read as follows:

"§79-8 Sick leaves; exceptions. With the exception of teachers, principals, vice-principals, educational officers, and cafeteria managers employed in the public schools of the State, the instructional staff of the University of Hawaii, and emergency appointees, all officers and employees in the service of the State or of the several counties shall be entitled to and granted cumulative sick leave pay at the rate of one and three-quarters working days for each month of service.

Sick leave allowances shall be recorded and administered on a calendar year basis, the allowance accruing during each calendar year being credited to employees as of December 31 of each year. The sick leave provided for in this section, which is not used by an officer or employee during the year in which it accrues, shall accumulate and be available for use in succeeding years. Whenever it is deemed necessary, particularly when an abuse is indicated, a department head shall have the authority to investigate any absence for which sick leave, with pay, is indicated. Upon finding that the employee's claim of illness was falsely made, the department head shall take proper disciplinary action in accordance with the rules and regulations governing the matters. A licensed physician's certificate shall be required only when absences are five or more consecutive working days. Additional sick leave with pay, in excess of that which the officer or employee is entitled to, may be granted with the written approval of the governor or mayor, as the case may be, provided that due consideration shall be given to the length of service of the particular employee requesting an excess of that to which the employee is entitled."

SECTION 2. Section 89-6, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:

Because of the nature of work involved and the essentiality of certain occupations that require specialized training, units (9) through (13) are designated as optional appropriate bargaining units. Employees in any of these optional units may vote either for separate units or for inclusion in their respective units (1) through (4). If a majority of the employees in any optional unit desire to constitute a separate appropriate bargaining unit, supervisory employees may be included in the unit by mutual agreement among supervisory and nonsupervisory employees within the unit; if supervisory employees are excluded, the appropriate bargaining unit for these supervisory employees shall be (2) or (4), as the case may be.

The compensation plans for blue-collar positions pursuant to section 77-5 and for white-collar positions pursuant to section 77-13, the salary schedules for teachers pursuant to section 302A-624 and for educational officers pursuant to section 302A-625, and the appointment and classification of faculty pursuant to sections 304-11 and 304-13, existing on July 1, 1970, shall be the bases for differentiating blue-collar from white-collar employees, professional from institutional, health and correctional workers, supervisory from nonsupervisory employees, teachers from educational officers, and faculty from nonfaculty. In differentiating supervisory from nonsupervisory employees, class titles alone shall not be the basis for determination, but, in addition, the nature of the work, including whether or not a major portion of the working time of a supervisory employee is spent as part of a crew or team with nonsupervisory employees, shall also be considered."

2. By amending subsection (c) to read:

"(c) No elected or appointed official, member of any board or commission, representative of a public employer, including the administrative officer, director, or chief of a state or county department or agency, or any major division thereof, as well as any first deputy, first assistant, legal counsel, and other top-level managerial and administrative personnel, secretary to top-level managerial and administrative personnel, individual concerned with confidential matters affecting employee-employer relations, part-time employee working less than twenty hours per week except part-time employees included in unit (5), temporary employee of three months' duration or less, employee of the executive office of the governor, household employee at Washington Place, employee of the executive office of the mayor, staff of the legislative branch of the State, employee of the executive office of the lieutenant governor, inmate, kokua, patient, ward or student of a state institution, student help, any commissioned and enlisted personnel of the Hawaii national guard, [or] staff of the legislative branches of the city and county of Honolulu and counties of Hawaii, Maui, and Kauai, except employees of the clerks' offices of said city and county and counties, or principal or vice-principal of a public school, shall be included in any appropriate bargaining unit or entitled to coverage under this chapter."

SECTION 3. Section 96 of Act 253, Session Laws of Hawaii 2000, is amended as follows:

1. By amending subsection (a) of section 89-6, Hawaii Revised Statutes, to read:

"(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:

2. By amending subsection (f) of section 89-6, Hawaii Revised Statutes, to read:

"(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

SECTION 4. Section 302A-101, Hawaii Revised Statutes, is amended by amending the definition of "educational officers" to read:

""Educational officers" includes [principals, vice-principals, and] professional employees of the state and district offices of the department, except those employees in the classified service. The term does not include principals or vice-principals of public schools."

SECTION 5. Section 302A-605, Hawaii Revised Statutes, is amended to read as follows:

"§302A-605 Principals and vice-principals. (a) The superintendent, without the approval of the board, shall appoint principals and vice-principals for schools. Principals and vice-principals shall serve at the pleasure of the superintendent, but may be terminated only for cause.

(b) Except as otherwise provided by law, the superintendent shall define the employment conditions of principals and vice-principals, including special assignments, sabbatical leaves, exchanges, evaluations, demotions, and transfers, but excluding compensation.

(c) Principals and vice-principals shall meet the department's certification requirements [and shall have served as a teacher for a period of not less than five years]."

SECTION 6. Section 302A-621, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-621[]] Salary; assistant superintendents, district superintendents, deputy district superintendents[.], principals, and vice-principals. (a) The salaries of assistant superintendents, district superintendents, [and] deputy district superintendents, principals, and vice-principals shall be set by the board.

(b) Effective July 1, 1991, the salaries of deputy district superintendents shall be not less than $65,683 nor more than $72,886 a year."

SECTION 7. Section 302A-625, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any [principal, vice-principal, or other] educational officer on a ten-month work year must earn at least six credits within a three-year cycle in order to receive an increment or longevity step increase in the third year of the three-year cycle."

SECTION 8. Section 302A-801, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established the Hawaii teacher standards board, which shall be placed within the department for administrative purposes only. The board shall consist of nine members, including four certified teachers, [three] two educational officers, one principal or vice-principal, the chairperson of the board of education or the chairperson's designee, and the dean of the University of Hawaii college of education or the dean's designee."

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.