HOUSE OF REPRESENTATIVES	H.B. NO.	165
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to internal complaint procedures.

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

SECTION 1. Section 76-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The director shall promulgate a uniform plan for the creation of internal complaint procedures in the various departments that shall apply to matters within the jurisdiction of the merit appeals board. The internal complaint procedures may also be used for other matters, such as, when a complaint procedure is required by law to be available or when a jurisdiction deems it would be beneficial to avoid the time and expense of litigation; provided that matters subject to collective bargaining grievance procedures shall not be processed under the internal complaint procedures. The rules relating to internal complaint procedures shall conform to the following:

(1) The procedures shall encourage informal discussions and expeditious resolution of all complaints. Informal resolution [includes] shall include the use of any administrative review process available. A written decision shall be issued to the complainant on the outcome of any efforts to resolve the complaint informally and, if not resolved, the decision shall be accompanied by information on the filing of a formal complaint with the department or the merit appeals board, as applicable.

(2) In presenting a complaint, the complainant shall be assured freedom from coercion, discrimination, or reprisal.

(3) The complainant shall have the right to be represented by a person or persons of the complainant's own choosing at any stage in the presentation of the complaint.

(4) To minimize confusion and the possible loss of rights, the time and manner for filing a formal complaint shall be as uniform and [easily understandable] clear as possible [to the employees or the general public.]; provided that:

(A) Complaint forms, instructions, and [the complaint] procedures [should] shall be easily accessible to [the] employees [or] and the general public, and [the] procedures [should] shall allow for complaints to be filed at central locations convenient to the public[.];

(B) A formal complaint shall be filed within twenty working days. If efforts were made to resolve the complaint informally, the deadline for filing a formal complaint under internal complaint procedures shall be tolled after receipt of a reply to the informal complaint; and

(C) The complaint shall be referred to the most appropriate individual at the lowest level of the internal complaint procedures [who has] having the authority to act on the complaint [and], who shall be responsible for contacting the complainant. If it is discovered after filing of the complaint that the matter complained of is not within the authority of a department to act, the department shall notify the complainant accordingly and refer the complaint to the appropriate agency, if known[. The deadline for filing a formal complaint under the internal complaint procedures shall be tolled after receipt of a reply to the informal complaint if efforts were made to resolve the complaint informally].

(5) All proceedings relating to the handling of a complaint by a person who is not an employee shall, as far as practicable, be conducted during office hours at times convenient to the complainant. All proceedings relating to the handling of employee complaints shall, so far as practicable, be conducted during the employee's work hours to permit the employee time off from work with pay.

(6) The departmental complaint procedure shall culminate in a written decision by the chief executive [or the], chief executive's designee, [whether the] director, or other appropriate authority who is assigned responsibility for making the final decision on the action being complained of."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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.

INTRODUCED BY:

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Report Title:

Internal Complaints Procedures; Deadline; Human Resources; Civil Service Positions

Description:

Clarifies internal complaint procedures for civil service positions by requiring a formal complaint to be filed within twenty working days.

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