RESOLUTION

WHEREAS, Senate Bill No. 709, introduced in the 2005 Regular Session, sought to transfer certain law enforcement functions and personnel from the Department of Public Safety to the Department of the Attorney General; and

WHEREAS, even though Senate Bill No. 709 failed to move out of committee, it nonetheless promoted discussion on issues relating to civil service and personnel matters, jurisdictional issues among state and county law enforcement agencies, and the feasibility of effectuating a transfer of law enforcement functions and personnel between two state agencies; and

WHEREAS, the same civil service and personnel management issues raised and discussed in regard to Senate Bill No. 709 may also be similar in nature with respect to Senate Bill No. 255 (2005) which requires the election as opposed to the appointment of the Attorney General; and

WHEREAS, making the Attorney General an elected public official may affect civil service and personnel issues relating to hiring, appointing, and dismissing employees under the direct supervision of the Attorney General, which, in turn, may complicate any proposed transfer of law enforcement functions and personnel between the Department of Public Safety and the Department of the Attorney General as contemplated in Senate Bill No. 709; and

WHEREAS, identifying and resolving any potential impact that these two pieces of legislation may have on civil service and personnel matters with respect to the Department of the Attorney General should be addressed in an expeditious and comprehensive manner so as to provide clarity and consistency in resolving these complex issues; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Legislative Reference Bureau is requested to conduct a study to determine the impact, if any, that making the Attorney General an elected position would have on the proposed transfer of functions and personnel between the Department of Public Safety and the Department of the Attorney General as contemplated in Senate Bill No. 709 (2005); and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to examine any other personnel or management related issues, in addition to those raised in Senate Bill No. 709, that may require resolution or further study in the event that the Attorney General becomes an elected as opposed to an appointed position pursuant to Senate Bill No. 255; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to report its findings, conclusions, and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Acting Director of the Legislative Reference Bureau.

Report Title:

Elected Attorney General; Personnel and Civil Service