HB2351.DOC

SECTION 1. The purpose of this Act is to seek authorization of permanent civil service position counts and appropriate out of the general and non-general funds of the State of Hawaii for these positions to support state agency operations.

SECTION 2. In 1997, the Hawaii supreme court ruled in Konno v. Hawaii County that Hawaii county violated civil service laws and merit principles when it hired private contractors to perform landfill operations work. The court ruled that state civil service laws allowed only civil service employees to perform work historically and customarily done by civil service employees.

In response to Konno, Act 90 was enacted in 2001. Act 90, part II, allowed the State of Hawaii to contract for services historically and customarily performed by civil service employees if equivalent or better services could be provided at lower cost. However, Act 90, part II, was repealed on June 30, 2007.

After Act 90 was repealed, the United Public Workers filed class grievances as well as lawsuits in circuit court arguing that the State of Hawaii and the counties should cease the practice of contracting for services historically and customarily performed by civil service employees. Over time, the counties reached settlements with the United Public Workers, leaving only the claims against the State of Hawaii.

Through court-ordered mediation, an agreement was reached between the United Public Workers and the State of Hawaii executive branch relating to services historically and customarily performed by civil service employees as it relates to the United Public Workers. This agreement reflected the State's commitment to comply with the Hawaii supreme court's ruling in Konno, while concurrently recognizing the State's duty to provide services to the public.

Without a sufficient number of civil service positions and employees to perform services historically and customarily performed by United Public Workers-type employees, state agencies have had to resort to contracting for these services. In order to address this situation and enable state agencies to comply with the Konno ruling, it is estimated that the State will need an additional 502 permanent positions and approximately $30,886,984 (for positions and associated equipment) in general and non-general funds in order to provide necessary services to the public through civil service employees rather than through contractors.

The process of identifying position and equipment funding needs is on-going and thus subject to change. The above-referenced figures are best estimates as of January 11, 2016.

SECTION 3. In an effort to establish more efficient, effective and productive ways of fulfilling departmental operational needs with regard to work historically and customarily performed by blue collar civil service personnel, the following focused initiatives are proposed:

(1) Department of public safety: 1 plumber II position and 1 electrician II position at a cost of approximately $112,260 for a multi-skilled worker team to provide services at the correctional facilities on Oahu (Halawa correctional facility, Oahu community correctional center, Waiawa correctional facility, and women's community correctional center).

(2) Department of public safety: 1 plumber II position and 1 electrician II position at a cost of approximately $112,260 for a multi-skilled worker team to provide services at the correctional facilities on Hawaii island (Hawaii community correctional center and Kulani correctional facility).

(3) Department of land and natural resources (division of state parks): 2 tree trimmer positions, 2 tree trimmer-truck driver positions, 1 plumber position, 2 general laborer positions, and 1 building maintenance worker II position at a cost of approximately $343,092 for a multi-skilled worker team to provide services at the various parks on Kauai. Equipment will also be needed at a cost of approximately $625,000.

(4) Department of land and natural resources (division of boating and ocean recreation): 4 general laborer positions and 1 building maintenance worker II position at a cost of approximately $198,924 for a multi-skilled worker team to provide services at the various harbors on Oahu. Equipment will also be needed at a cost of approximately $120,000.

(5) Department of defense: 1 building maintenance worker I position, 2 equipment operator positions (1 BC09, 1 BC06), 4 general laborer II positions, and 1 general laborer supervisor I position at a cost of approximately $313,480 for a multi-skilled worker team to provide services at the Hawaii state veteran's cemetery. Equipment will also be needed at a cost of approximately $365,000.

SECTION 4. In an effort to provide the department of accounting and general services, as the central agency, with resources to provide services to other state executive branch agencies, the following positions are requested (which comprise only a portion of the total positions needed by the department of accounting and general services):

(1) Department of accounting and general services: 1 building and grounds custodian II position or janitor II position at a cost of approximately $37,000 to provide services at various facilities on Maui. Equipment, tools, and supplies will also be needed at a cost of approximately $6,000.

(2) Department of accounting and general services: 2 refuse collectors and 2 heavy truck drivers at a cost of approximately $169,866 to provide refuse collection services at various locations on Oahu. 2 refuse trucks and other equipment will also be needed at a cost of approximately $760,000.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $224,520 or so much thereof as may be necessary for fiscal year 2016-2017 to the department of public safety for:

(1) 1 plumber II position and 1 electrician II position for a multi-skilled worker team to provide services at the correctional facilities on Oahu; and

(2) 1 plumber II position and 1 electrician II position for a multi-skilled worker team to provide services at the correctional facilities on Hawaii island.

The sum appropriated shall be expended by the department of public safety for the purposes of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $1,287,016 or so much thereof as may be necessary for the fiscal year 2016-2017 to the department of land and natural resources for:

(1) 2 tree trimmer positions, 2 tree trimmer-truck driver positions, 1 plumber position, 2 general laborer positions, and 1 building maintenance worker II position (plus equipment) for a multi-skilled worker team to provide services at the various parks on Kauai (division of state parks); and

(2) 4 general laborer positions and 1 building maintenance worker II position (plus equipment) for a multi-skilled worker team to provide services at the various harbors on Oahu (division of boating and ocean recreation).

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $678,480 or so much thereof as may be necessary for fiscal year 2016-2017 to the department of defense for 1 building maintenance worker I position, 2 equipment operator positions, 4 general laborer II positions, and 1 general laborer supervisor I position (plus equipment) for a multi-skilled worker team to provide services at the Hawaii state veteran's cemetery.

The sum appropriated shall be expended by the department of defense for the purposes of this Act.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $972,866 or so much thereof as may be necessary for fiscal year 2016-2017 to the department of accounting and general services for:

(1) 1 building and grounds custodian II position or janitor II position (plus equipment and supplies) to provide services at various facilities on Maui; and

(2) 2 refuse collector positions and 2 heavy truck driver positions (plus refuse trucks and other equipment) to provide services at various locations on Oahu.

The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

HOUSE OF REPRESENTATIVES	H.B. NO.	2351
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII