Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Labor & Public Employment, to which was referred H.C.R. No. 270 entitled:

begs leave to report as follows:

The purpose of this concurrent resolution is to request that the Department of Human Resources Development (DHRD), the Judiciary, Department of Education (DOE), University of Hawaii (UH), and the Hawaii Health Systems Corporation (HHSC) each crate a separate report on all civil service exempt positions under their respective jurisdictions. The report should include, but not be limited to:

1. When the position was established;
2. The purpose of the position;
3. The reason for the exemption from civil service; and
4. Findings and recommendations on whether the position should remain exempt or be converted to a civil service position.

DHRD and the Hawaii Government Employees Association testified in support of this measure. DOE submitted comments.

Your Committee recognizes that section 76-16, Hawaii Revised Statutes, states that:

Your Committee also recognizes that the Legislature previously passed Act 253, Session Laws of Hawaii 2000, which reaffirmed the foregoing state policy that all positions and personal services in the State of Hawaii should be covered by the civil service system, unless specifically exempted.

Therefore, your Committee wishes to obtain information regarding the number, type, and reasons for the various exempt positions in state agencies. Your Committee requires this information to determine whether certain job positions should be considered part of the civil service system, or exempt from civil service. Additionally, your Committee also needs this information to address concerns about any possible abuses involved with employees hired as exempt employees, and therefore excluded from the civil service system.

Recently, DHRD was directed to review and assess the numbers of, and basis for, civil service and exempt positions within its jurisdiction. Accordingly, DHRD completed a 2004 "Exempt Study Report," a supplement to the 2004 "Study Report," and a 2005 "Exempt Study Report."

At this point, however, your Committee does not have any information on civil service and exempt employees that fall under state agencies that are not under the jurisdiction of DHRD. This includes the Judiciary, DOE, UH, and HHSC. In addition, an updated report from DHRD regarding information requested through this concurrent resolution that is not already included in the previous reports prepared by DHRD will also be needed to create effective legislation that would address the civil service system as it applies to all state public agencies.

Your Committee has amended this measure by:

As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 270, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. 270 H.D. 1.