THE SENATE	S.B. NO.	1502
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

Relating to Public employment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that government is faced with many demands on the expenditure of public funds such as accountability, transparency, honesty, and the use of best practices.  Government has the responsibility to ensure that the expenditure of public funds is exercised in a prudent and fiscally responsible manner.  The legislature also finds that there have been recent situations where nepotism has been charged in the hiring practices used by public officials within the State of Hawaii.  The legislature acknowledges that there are no current laws regulating the employment of relatives in Hawaii's state or county governments.

     The purpose of this Act is to prohibit a public official or public employee from appointing, employing, promoting, or advancing a relative within an agency over which the public official or public employee exercises control.

     SECTION 2.  Chapter 78, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§78‑   Definitions. As used in this section, unless the context clearly requires otherwise:

"Agency" means a branch of government, office, department, division, agency, instrumentality, municipality, or a body corporate created by the Constitution of the State of Hawaii or Hawaii revised statutes.

"Chain of command" means the line of supervisory personnel that runs from a public official to the head of that public official's agency.

"Public employee" means any person receiving remuneration from public funds and in a full-time equivalent position.

"Public official" means any nominated, appointed, or elected officer receiving remuneration from public funds.

"Relative" means a father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.

§78‑   Prohibitive practices. (a)  A public official shall not advocate for a relative for appointment, employment, promotion, or advancement to a position in the public official's agency or in an agency over which the public official exercises jurisdiction or control.

(b)  No public official or public employee of the State shall appoint, employ, promote, or advance to a position in an agency over which the public official or public employee exercises jurisdiction or control:

(1) A relative;

(2) A relative of another public official elected to or employed by the same agency; or

(3) A relative of another public official who exercises jurisdiction or control over the same agency.

(c)  For the purpose of this section, a public official who recommends a relative or refers a relative for consideration by a public official or public employee standing lower in the chain of command for appointment, employment, promotion, or advancement shall be presumed to have advocated for the appointment, employment, promotion, or advancement of the relative."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Public Employment; Relatives; Hiring; Appointment

Description:

Prohibits a public official or public employee from appointing, employing, promoting, or advancing a relative within an agency over which the public official or public employee exercises control or the relative of another public official or employee employed by or exercising control over the same agency.

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