STAND. COM. REP. NO.1266

Honolulu, Hawaii

, 2003

RE: H.B. No. 287

H.D. 3

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 287, H.D. 3, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to require that public officials or employees, members of boards, commissions, and committees, contract employees, civil service employees, and probationary or provisional employees of the State or counties shall be terminated if convicted of a felony in violation of the employee's duties.

Testimony in support of this measure was received from the Hawaii State Ethics Commission. The Department of Human Resources Development supported the intent of the measure but raised issues for clarification. The University of Hawaii Professional Assembly and the Hawaii Government Employees Association opposed the measure.

Your Committee finds that recently publicized incidents involving public officials have led the public to question the honesty and integrity of state and county government. This measure is intended to restore the public confidence in government by mandating the removal or termination of elected officials or public employees for felony convictions related to the official's or employee's public office or public duties.

Your Committee amended the bill by:

(1) Replacing the words "in violation of the public employee's duties" on page 1, line 17 and page 2, line 1 with "related to the public employee's duties";

(2) Deleting public officials and members of boards, commissions, and committees from the definition of "public employee", and inserting a provision that employees covered by chapter 89 shall be entitled to a grievance procedure culminating in a final and binding decision;

(3) Amending §831-2, Hawaii Revised Statutes, by repealing the restoration to office and benefits requirement for public officials whose convictions are reversed, and adding a definition for "public office" which includes offices held by an elected official, department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor, chief justice, office of Hawaiian affairs, or the judicial selection commission, or are required by law to be confirmed by the senate;

(4) Deleting §78- (d) on page 2, lines 18-21;

(5) Deleting the provision attached to the effective date that makes section 2 of the bill applicable to public employees covered by a collective bargaining agreement upon the termination of the current collective bargaining agreement between the public employer and exclusive representatives for the public employees or on July 1, 2004, whichever occurs earlier; and

(6) Renumbering the sections of the bill and making technical, nonsubstantive amendments for clarity and style.

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

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair