SB2880 SD1.DOC

THE SENATE	S.B. NO.	2880
TWENTY-EIGHTH LEGISLATURE, 2016		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO SERVICES PERFORMED BY CIVIL SERVICE EMPLOYEES.

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

SECTION 1. The legislature finds that in 1997, the Hawaii supreme court held in Konno v. Hawaii County, 937 P.2d 397 (1997), that Hawaii county violated civil service laws and merit principles when it hired private contractors to perform landfill operations work. The court held that state civil service laws allowed only civil service employees to perform work historically and customarily done by civil service employees.

In response to the Konno ruling, legislation ensued, including authorizing and later repealing the authority of the State to contract for services historically and customarily performed by civil service employees if equivalent or better services could be provided at lower cost. Litigation also followed, and the United Public Workers filed class grievances and lawsuits arguing that the State and 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 and through court-ordered mediation, the United Public Workers and the State's executive branch reached an agreement relating to services historically and customarily performed by civil service employees as it relates to the United Public Workers. The agreement reflects the State's commitment to comply with the Konno ruling while concurrently recognizing the State's duty to efficiently provide services to the public.

The purpose of this Act is to authorize and fund civil service positions to support state agency operations as part of a mediated process to address the Konno-based objections of the United Public Workers.

SECTION 2. 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) One plumber II position and one electrician II position for a multi-skilled worker team to provide services at the correctional facilities on Oahu; and

(2) One plumber II position and one 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 3. 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) Two tree trimmer positions, two tree trimmer-truck driver positions, one plumber position, two general laborer positions, and one 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) Four general laborer positions and one 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 4. 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 one building maintenance worker I position, two equipment operator positions, four general laborer II positions, and one 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 5. 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) One building and grounds custodian II position or janitor II position (plus equipment and supplies) to provide services at various facilities on Maui; and

(2) Two refuse collector positions and two 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 6. This Act shall take effect on January 7, 2059.