THE SENATE	S.B. NO.	2213
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CIVIL SERVICE.

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

     SECTION 1.  The purpose of this Act is to clarify the scope of other positions to be considered for a civil service employee who is being considered for discharge due to failure to meet performance requirements.

     SECTION 2.  Section 76-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  An appointing authority may release an employee from the employee's position or discharge an employee from service if the employee fails to meet the performance requirements of the employee's position under the following conditions:

     (1)  The evaluation process and its consequences were discussed with the employee;

     (2)  The employee was made aware of the employee's current job description and job-related performance requirements;

     (3)  The evaluation procedures were observed, including providing the employee the opportunity to meet, discuss, and rebut the performance evaluation and apprising the employee of the consequences of failure to meet performance requirements;

     (4)  The evaluation was fair and objective;

     (5)  The employee was provided performance feedback during the evaluation period and, as appropriate, the employee was offered in-service remedial training in order for the employee to improve and meet performance requirements;

     (6)  The evaluation was applied without discrimination; and

     (7)  Prior to the end of the evaluation period that the employee is being considered for discharge due to failure to meet performance requirements, the appointing authority considered the feasibility of transferring or demoting the employee to another position that is administrated by the appointing authority and for which the employee qualifies [was considered]."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Civil Service; Discharge; Transfer

Description:

Requires an appointing authority to consider another position administrated by the appointing authority for which an employee is qualified before the employee is considered for discharge due to failure to meet performance requirements.  (SD2)

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