Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor, to which was referred H.B. No. 287, H.D. 3, entitled:

begs leave to report as follows:

The purpose of this measure is to mandate the termination of a public employee convicted of a felony for conduct in violation of the employee's duties.

This measure also provides for the reinstatement and back pay for a public employee whose conviction is overturned.

The Hawaii State Ethics Commission and the League of Women Voters of Hawaii submitted testimony in support of this measure. The Department of Human Resources Development and the Department of the Attorney General submitted testimony in support of the intent of this measure with reservations.

Your Committee finds that public trust and confidence in government has been shaken by recent criminal convictions of public employees, including elected public officials. Your Committee believes that public servants should be held to the highest of ethical standards. Public employees convicted of felonies for conduct in violation of their duties should be subject to termination to serve as both a deterrent and punishment for criminal activity and abuse of office.

Your Committee determines that clarification of the term public employee is necessary and has amended the measure as follows:

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 287, H.D. 3, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 287, H.D. 3, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.