HB2227

SECTION 1. The purpose of this Act is provide equity and certainty in disciplinary actions relating to public employees.

SECTION 2. Section 76-45, Hawaii Revised Statutes, is amended to read as follows:

"§76-45 Suspension. An appointing authority may[~~, for disciplinary purposes,~~] suspend any employee for disciplinary purposes based on recently obtained evidence gathered to support probable cause for a serious offense, with or without pay [~~or place an employee on leave without pay pending an investigation. Suspensions and leaves without pay pending an investigation shall be in accordance with~~]. Before suspending an employee without pay, the employer shall have documentation to show progressive disciplinary actions. The suspension with or without pay shall be for the purpose of conducting an investigation to verify charges of a violation by action or inaction on the part of that employee of a specific section of law or rule. Any suspension shall be imposed in accordance with processes and procedures negotiated under chapter 89 or established under chapter 89C, as applicable."

SECTION 3. Section 76-46, Hawaii Revised Statutes, is amended to read as follows:

"§76-46 Discharges; demotions. An appointing authority may discharge or demote any employee [~~when the appointing authority considers that the good of the service will be served thereby. Discharges may be made only for such causes that will promote the efficiency of government service.~~

~~Demotions or discharges shall be in accordance with~~] for disciplinary purposes based on recently obtained evidence gathered to support probable cause for a serious offense. Before demoting or discharging an employee, the employer shall have documentation to show progressive disciplinary actions. The demotion or discharge shall be imposed for a violation by action or inaction on the part of that employee of a specific section of law or rule. Any demotion or discharge shall be imposed in accordance with processes and procedures negotiated under chapter 89 or established under chapter 89C, as applicable."

SECTION 4. Section 89-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) Excluded from the subjects of negotiations are matters of classification, reclassification, benefits of but not contributions to the Hawaii employer-union health benefits trust fund or a voluntary employees' beneficiary association trust; recruitment; examination; initial pricing; and retirement benefits except as provided in section 88-8(h). The employer and the exclusive representative shall not agree to any proposal that would be inconsistent with the merit principle or the principle of equal pay for equal work pursuant to section 76-1 or that would interfere with the rights and obligations of a public employer to:

(1) Direct employees;

(2) Determine qualifications, standards for work, and the nature and contents of examinations;

(3) Hire, promote, transfer, assign, and retain employees in positions;

(4) Suspend, demote, discharge, or take other disciplinary action against employees for proper cause;

(5) Relieve an employee from duties because of lack of work or other legitimate reason;

(6) Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations;

(7) Determine methods, means, and personnel by which the employer's operations are to be conducted; and

(8) Take such actions as may be necessary to carry out the missions of the employer in cases of emergencies.

This subsection shall not be used to invalidate provisions of collective bargaining agreements in effect on and after June 30, 2007, and shall not preclude negotiations over the procedures and criteria on promotions, transfers, assignments, probations, demotions, layoffs, suspensions, terminations, discharges, or other disciplinary actions as a permissive subject of bargaining during collective bargaining negotiations or negotiations over a memorandum of agreement, memorandum of understanding, or other supplemental agreement.

Violations of the procedures and criteria so negotiated may be subject to the grievance procedure in the collective bargaining agreement."

SECTION 5. By September 1, 2008, the department of human resources development shall prepare preliminary administrative rules, policies, processes, and procedures needed to implement this Act.

By December 1, 2008, the department shall adopt the final administrative rules, policies, processes, and procedures.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that the amendment made to section 89-9(d), Hawaii Revised Statutes, by section 4 of this Act shall not be repealed when that section is reenacted on July 1, 2009 by section 8 of Act 245 of the Session Laws of Hawaii 2005, as amended by section 2 of Act 294, Session Laws of Hawaii 2007.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2227
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII