CONFERENCE COMMITTEE REP

CONFERENCE COMMITTEE REP. 13

Honolulu, Hawaii

, 2003

RE: H.B. No. 287

H.D. 3

S.D. 2

C.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 287, H.D. 3, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC EMPLOYEES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this bill is to:

(1) Allow for the removal of a public official or termination of a public employee if the public official or employee is convicted of a felony related to their public office or duties;

(2) Provide for reinstatement and back pay, under certain circumstances, if the public employee's conviction is overturned and the employee is not otherwise terminated in accordance with any other provision of law; and

(3) Provide employees covered under chapter 89, Hawaii Revised Statutes, with a grievance procedure culminating in a final and binding decision.

Recent criminal convictions of public officials have eroded the public's trust in government. Your Committee on Conference finds that public officials and other public employees who are convicted of a felony for conduct in violation of their duties should be removed from office or terminated.

However, your Committee on Conference feels that employees terminated as a result of a felony conviction are entitled to present a case contesting the termination. Accordingly, your Committee on Conference has amended this measure by adding language that a rebuttable presumption arises that the criminal conviction is just and proper cause for the employee's termination.

Other technical, nonsubstantive amendments were made for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 287, H.D. 3, S.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 287, H.D. 3, S.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ BRIAN KANNO, Chair		____________________________ MARCUS R. OSHIRO, Co-Chair
____________________________ COLLEEN HANABUSA, Co-Chair		____________________________ BLAKE K. OSHIRO, Co-Chair
		____________________________ BOB NAKASONE, Co-Chair