Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred H.B. No. 287 entitled:

begs leave to report as follows:

The purpose of this bill is to provide that a public employee who has been convicted of a felony that took place within the course and scope of the employee's duties must forfeit the employee's health and retirement benefits starting from the date of the act constituting the felony of which the employee was convicted.

The Hawaii State Ethics Commission testified in support of this measure. The University of Hawaii Professional Assembly testified in opposition to this measure. The Employees' Retirement System commented on the measure.

Recent actions by a number of elected and public officials have shown that there is a need to send a clear signal to the public that government employees must be held accountable for breaches of the public's trust. Public employees should be held to the highest standards of conduct while performing their government duties.

However, your Committee understands that instances may occur whereby a public employee's conviction may be overturned. In this instance, a public employee who has been wrongfully convicted should have the opportunity to be made whole.

Your Committee also has concerns regarding possible constitutional issues that may surface if accrued benefits are forfeited without termination of the public employee.

Accordingly, this measure has been amended by:

Your Committee continues to have concerns regarding instances in which there may be no means for restitution such as in the case of an elected official whose conviction may be overturned. This elected official will not be able to return to the official's prior position. Nevertheless, the importance of this measure warrants further discussion.

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 287, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 287, H.D. 1, and be referred to the Committee on Judiciary.