reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 56. Public Off-Street Parking Facilities › 56-3 Leasing of space for commercial purposes.

§56-3 Leasing of space for commercial purposes.
The council of any county may require the finance director of the county to lease space within public off-street parking facilities for commercial purposes under the following circumstances:
(1) Whenever the council deems it in the public interest and convenient or necessary in order to utilize properly the property as an off-street parking facility, it may require the leasing of space in any of the facilities for use by the lessee for the sale of gasoline and petroleum products, the sale of automobile accessories, automobile repair or service, or any other garage and fueling services.
(2) Whenever the council deems it necessary and feasible for the financing or operation of public off-street parking facilities, it may require the leasing of portions of the facilities for any commercial use. [L 1970, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 56. Public Off-Street Parking Facilities › 56-4 Leasing of space above or below off-street parking facilities.

§56-4 Leasing of space above or below off-street parking facilities.
Whenever the council decides that the space above or below any proposed or existing public off-street parking facility is not needed for additional parking and that it would be in the public interest it may require the finance director to lease the right to occupy and use such space for uses other than off-street parking together with the right to use and occupy such space within the parking facility as may be necessary for the purposes of access to and support of structures occupying the space above or below such parking facility. [L 1970, c 173, pt of §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 58. Exceptional Trees › 58-1 Purpose.

§58-1 Purpose.
It is the policy of the State to safeguard exceptional trees from destruction due to improper land development, and the legislature finds that enactment of protective regulations by the counties to accomplish this is a valid and important public purpose. [L 1975, c 105, pt of §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 58. Exceptional Trees › 58-2 County arborist advisory committees; establishment.

§58-2 County arborist advisory committees; establishment.
Each county of the State shall establish a county arborist advisory committee, whose members shall be appointed by the mayor and shall include:
(1) The county planning director, or the director's designee;
(2) One member who shall be a person actively employed in the practice of landscape architecture, a certified arborist, a horticulturist with specialization in trees, or a person who has received a master's degree in botany; and
(3) Not less than three other members selected on the basis of active participation in programs of community beautification, or research or organization in the ecological sciences, including ethnobotany, or Hawaiiana. [L 1975, c 105, pt of §2; gen ch 1985; am L 2018, c 118, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 58. Exceptional Trees › 58-3 County arborist advisory committees; powers and duties.

§58-3 County arborist advisory committees; powers and duties.
For the purposes of this chapter, the county committees shall have the following powers and duties in addition to those delegated by the respective county councils:
(1) To research, prepare, and recommend to the county council exceptional trees to be protected by county ordinance or regulation.
(2) To advise property owners relative to the preservation and enhancement of exceptional trees.
(3) To recommend to the county council appropriate protective ordinances, regulations, and procedures.
(4) To review all actions deemed by the county council to endanger exceptional trees.
For the purposes of this section, "exceptional trees" means a tree or stand or grove of trees with historic or cultural value, or which by reason of its age, rarity, location, size, esthetic quality, or endemic status has been designated by the county committee as worthy of preservation. The term "exceptional trees" does not apply to trees planted for commercial forestry operations in each county within the State. Exceptional trees may be designated generally by biotaxy or individually by location or class. [L 1975, c 105, pt of §2; am L 1977, c 69, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 58. Exceptional Trees › 58-4 County protective regulations.

§58-4 County protective regulations.
Each county shall enact appropriate protective regulations which designate exceptional trees; provide for special county review prior to destruction of exceptional trees, whether by removal or the existence of conditions which lead to the destruction of such trees; provide for site plan review and amendment to protect exceptional trees; and provide for injunctive relief against the removal or destruction of exceptional trees. [L 1975, c 105, pt of §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 58. Exceptional Trees › 58-5 State assistance.

§58-5 State assistance.
The department of land and natural resources and the University of Hawaii shall cooperate with and to the fullest extent possible assist the counties and their respective committees in carrying out this chapter. [L 1975, c 105, pt of §2; am L 1980, c 293, §8]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 70. General Provisions Relating to Honolulu--Repealed

REPEALED.
L 1988, c 263, §11.
Note
§70-111 renumbered as §46-74.2. L 1988, c 263, §7.
§ §70-121 and 122 renumbered and amended as § §46-65.6 and 65.7. L 1988, c 263, §8.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-1.5 Executive branch workforce demographic profile.

§76-1.5 Executive branch workforce demographic profile.
(a) The director of human resources development shall compile a profile on the workforce of the executive branch of the State that shall include:
(1) Demographic data on the entire executive branch workforce covering both civil service employees hired through recruitment procedures based on merit and employees exempt from such procedures;
(2) Breakouts of the data required by paragraph (1) for the systems administered by the department of human resources development, the board of education, the University of Hawaii board of regents, and the Hawaii health systems corporation, respectively; and
(3) Information on the number of employees who are currently eligible for retirement and projected retirements for the succeeding five years.
(b) The director of human resources development shall submit an annual profile report to the legislature no later than twenty days prior to the convening of each regular session. [L 2012, c 16, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-6 Chapter inoperative, when.

§76-6 Chapter inoperative, when.
If any provision of this chapter jeopardizes the receipt by the State or any county of any federal grant-in-aid or other federal allotment of money, the provision shall, insofar as the fund is jeopardized, be deemed to be inoperative. [L 1955, c 274, §12; RL 1955, §3-7; HRS §76-6; am L 2000, c 253, §7]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-11.6 Special, research, or demonstration project positions.

§76-11.6 Special, research, or demonstration project positions.
Notwithstanding any law to the contrary, with the approval of the governor, the head of a department may establish and abolish any subordinate position for an employee engaged in a special, research, or demonstration project that is approved by the governor, subject to the limitations of available appropriations. [L 2015, c 160, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-12 General powers and duties of director.

§76-12 General powers and duties of director.
The director shall:
(1) Represent the public interest in the improvement of human resources administration in the civil service;
(2) Assist in fostering the interest of institutions of learning and civic, professional, and employee organizations in the improvement of human resources standards in civil service;
(3) Advise the chief executive on policies and problems concerning the human resources program; and
(4) Make investigations concerning the administration of human resources policies in the civil service, including any matter respecting the enforcement or effect of this chapter or the rules adopted thereunder, or the action or failure to act of any officer or employee with respect thereto. [L 1955, c 274, pt of §1; RL 1955, pt of §3-17; am L Sp 1959 2d, c 1, §11; HRS §76-12; am L 1994, c 56, §7; am L 2000, c 253, §10]
Cross References
General authority, see §26-5.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-13 Specific duties and powers of director.

§76-13 Specific duties and powers of director.
The director shall direct and supervise all the administrative and technical activities of the director's department. In addition to other duties imposed upon the director by this chapter, the director shall:
(1) Establish and maintain a roster of all persons in the civil service;
(2) Appoint employees necessary to assist the director in the proper performance of the director's duties and for which appropriations shall have been made;
(3) Foster and develop, in cooperation with appointing authorities and others, programs for the improvement of employee efficiency;
(4) Cooperate fully with appointing authorities, giving full recognition to their requirements and needs, in the administration of this chapter to promote public service by establishing conditions of service that will attract and retain employees of character and capability, and to increase efficiency and productivity in governmental departments by continuously improving methods of human resources administration and maximizing the use of advanced technology;
(5) Encourage and exercise leadership in the development of effective human resources administration within the several departments and make available the facilities of the director's department to this end;
(6) Investigate from time to time the operation and effect of this chapter and the rules adopted thereunder;
(7) Develop and maintain classification systems;
(8) Make recommendations and advise the chief executive on appropriate adjustments for employees excluded from collective bargaining as authorized under chapter 89C; and
(9) Perform any other lawful acts deemed by the director to be necessary or desirable to carry out the purposes and provisions of this chapter. [L 1955, c 274, pt of §1; RL 1955, pt of §3-19; am L 1957, c 157, §1 and c 206, §1; am L Sp 1959 2d, c 1, §11; am L 1964, c 28, §2; HRS §76-13; am L 1976, c 35, §1; gen ch 1985; am L 1989, c 102, §2; am L 1994, c 56, §8; am L 2000, c 253, §11]
Revision Note
Subsection designation deleted pursuant to §23G-15(1).
Attorney General Opinions
Only the director of personnel services and the administrative director of the courts are empowered to act on reallocation requests. Att. Gen. Op. 81-10.
Effective date of reallocation determines whether retroactive pay adjustment made. Att. Gen. Op. 85-4.
Case Notes
Re refusal to certify felon as adult corrections officer. 402 F. Supp. 84.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-13.5 Classification.

§76-13.5 Classification.
(a) Each director shall establish, implement, and maintain one or more classification systems covering all civil service positions, not otherwise exempted by rules. The classification systems shall be constructed with the objective of achieving equal pay for equal work as provided in section 76-1. The director shall adopt rules that allow for the administrative review of classification and initial pricing actions.
(b) Wherever reference is made in statutes that positions are either subject to or exempt from "chapter 77" prior to July 1, 2002, the positions shall be subject or exempt from the appropriate classification systems established under this section. [L 2000, c 253, §3]
Revision Note
"July 1, 2002" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-15 Examination consultants.

§76-15 Examination consultants.
(a) The director or an appointing authority may select employees in the jurisdiction's service or any individual to act as volunteer subject-matter consultants in the preparation and rating of applications and examinations. Notwithstanding the provisions of chapter 92F, the identity of any volunteer subject-matter consultant, and any information which would result in actual identification of any volunteer subject-matter consultant, are confidential and shall not be disclosed.
(b) An appointing authority may excuse any employee in the appointing authority's department from the employee's regular duties for the time required for the employee's work as a volunteer subject-matter consultant.
Employees shall not be entitled to extra pay for services as volunteer consultants but shall be entitled to reimbursement for necessary traveling and other expenses. [L 1955, c 274, pt of §1; RL 1955, pt of §3-19; HRS §76-15; gen ch 1985; am L 1994, c 56, §21; am L 1996, c 35, §1; am L 2000, c 253, §13]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-17 Rules; policies, standards, and procedures.

§76-17 Rules; policies, standards, and procedures.
(a) In conformity with chapter 91, the director shall prescribe rules to carry out this chapter which shall have the force and effect of law. The rules may include any matter not inconsistent with law concerning the establishment and maintenance of a system of personnel management based on the merit principle, including but not limited to matters set forth in this chapter, and may be amended or repealed in like manner as the same were adopted. The rules shall be in conformity with principles of good public administration.
(b) The director may also issue, without regard to chapter 91, policies, standards, and procedures consistent with rules to facilitate and ensure appropriate functioning of the human resources program.
(c) The section shall not apply to matters that are negotiable under chapter 89 or adjusted under chapter 89C. [L 1955, c 274, pt of §1; RL 1955, pt of §3-21; am L Sp 1959 2d, c 1, §11; am L 1967, c 36, §1; HRS §76-17; am L 1994, c 56, §21; am L 2000, c 253, §15]
Attorney General Opinions
Director has authority to make rules covering political activities. Att. Gen. Op. 63-43.
Case Notes
Where there is payment in violation of rule promulgated under this section, citizen has standing to bring action under §76-53(b). 53 H. 215, 491 P.2d 541.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-18 Examinations.

§76-18 Examinations.
There shall be examinations for testing the fitness and ability of applicants for positions in civil service. The director shall adopt rules to administer the examination programs. [L 1955, c 274, pt of §1; RL 1955, §3-21(a); am L 1957, c 198, §1; am L Sp 1959 2d, c 1, §11; am L 1967, c 42, §1; HRS §76-18; am L 1984, c 101, §2; am L 1992, c 33, §1; am L 1994, c 56, §21; am L 2000, c 253, §16]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-22.5 Recruitment.

§76-22.5 Recruitment.
The director shall adopt rules in accordance with sections 76-1 and 78-1 to determine, establish, and maintain the manner in which civil service positions are to be filled. The director shall seek continuous improvements to streamline the recruitment process so that positions are filled in the most economic, efficient, and expeditious manner possible. This includes maximizing use of new technologies and developing more efficient alternatives to ensure the availability of qualified applicant pools whether it involves a change in the manner in which initial appointments are to be made, increased delegation to departments, or decentralization to appointing authorities, as necessary and appropriate. [L 1992, c 32, § §2, 5; am L 1994, c 223, §7; am L 1998, c 11, §4; am L 2000, c 253, §17]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-23.5 Recruitment incentives.

§76-23.5 Recruitment incentives.
Within limits set forth in rules of the director, appointing authorities may pay for all or a portion of the travel and transportation expenses or to provide a monetary incentive to enhance the recruitment of persons employed or appointed to critical-to-fill and labor shortage positions. [L 1991, c 205, §2; am L 2000, c 253, §18]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-28 Forms required of appointing authorities.

§76-28 Forms required of appointing authorities.
Each director shall develop and administer an employment records management system and require appointing authorities to transmit such records as the director may request. Appointing authorities shall maintain records of all appointments, terminations of employment, transfers, resignations, suspensions, demotions, and discharges, other employment records and forms deemed appropriate by the director. [L 1955, c 274, pt of §1; RL 1955, §3-21(i); HRS §76-28; am L 1981, c 5, §1; am L 1994, c 56, §21; am L 1998, c 51, §1; am L 1999, c 18, §3; am L 2000, c 253, §20]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-28.5 Temporary employment in state positions.

§76-28.5 Temporary employment in state positions.
(a) No department or agency of the State shall temporarily employ the same person in the same position that is wholly funded by general funds for more than two terms of eighty-nine days; provided that with the approval of the governor, a department or agency of the State may temporarily employ the same person in the same position for eight terms of eighty-nine days within a consecutive twenty-four-month period.
(b) This section shall not apply to periods of temporary employment when a person has been appointed to a vacant position arising as a result of:
(1) A workers' compensation claim;
(2) Medical leave;
(3) An ongoing investigation;
(4) A shortage category;
(5) A working condition differential;
(6) A remote geographical location;
(7) A seasonal demand for employees;
(8) A leave of absence taken by an incumbent who has return rights;
(9) A need to fill a department of education position for the delivery of special education services; or
(10) A position pending reorganization.
(c) This section shall not apply to the counties. [L 2016, c 246, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-29 Person ineligible for appointment.

§76-29 Person ineligible for appointment.
A person shall be ineligible for any appointment in the civil service for a specified period of time as determined appropriate by the director for reasons including, but not limited to, the following:
(1) Deception, fraud, or providing false or misleading statements of material facts in the application or examination process;
(2) Unauthorized or improper assistance in an examination; or
(3) A determination of unsuitability for employment. [L 1955, c 274, pt of §1; RL 1955, §3-21(j); am L 1963, c 16, §1; HRS §76-29; am L 2000, c 253, §21]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-30 Tenure; resignations.

§76-30 Tenure; resignations.
(a) Every member of the civil service shall be entitled to hold the member's position for the duration of the member's appointment as provided in section 76-27. Resignations shall be in writing in accordance with rules.
(b) If an employee resigns without submitting the employee's resignation in writing, if an employee does not report to work for fifteen days without notifying the appointing authority of the employee's employment intentions, if the resignation is submitted while an investigation was pending against the employee, or if the resignation is not accepted for reasons allowed by rules, the appointing authority shall, within fifteen days following the last day the employee reported to work, file with the director a statement showing either resignation or termination of employment, as appropriate under the circumstances.
(c) If the employee does not report for work without authorization, but, within fifteen days following the last day the employee reported for work, expresses a desire to continue employment, the employee shall not be deemed to have resigned. The appointing authority may take appropriate disciplinary action, including discharge, in consideration of the reasons for the employee's absence.
(d) Actions taken by the appointing authority under this section shall, if grieved, be filed pursuant to the departmental complaint procedure and the merit appeals board for employees excluded from coverage under chapter 89, as applicable.
(e) Whenever there are provisions in a collective bargaining agreement that conflict with this section, the terms of the agreement shall prevail. Actions taken by the appointing authority shall, if grieved, be filed pursuant to the contractual grievance procedure. [L 1955, c 274, pt of §1; RL 1955, §3-21(k); am L Sp 1959 2d, c 1, §11; HRS §76-30; gen ch 1985; am L 1994, c 56, §21; am L 2000, c 253, §22]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-30.5 Leaves of absence to accept appointed positions exempt from the civil service; prohibited.

§76-30.5 Leaves of absence to accept appointed positions exempt from the civil service; prohibited.
Notwithstanding section 78-23, no leave of absence shall be granted to any employee who leaves a position covered under this chapter for a position that is exempt from this chapter under section 76-16(b)(7), (8), (9), (10), or (16) and whose term of appointment is not less than one year; provided that this section shall not apply to any employee whose collective bargaining agreement provides for the granting of a longer leave of absence. [L 2010, c 70, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-41 Performance appraisal systems; failure to meet performance requirements.

§76-41 Performance appraisal systems; failure to meet performance requirements.
(a) There shall be established and maintained performance appraisal systems for the purpose of evaluating the performance of employees in the civil service and improving the employees' performance. The performance appraisal systems shall be the basis for evaluating whether employees in the civil service meet the performance requirements of their respective positions as required in section 76-27. For the purposes of this section, "performance requirements" includes any qualification required for the position such as a license.
(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 feasibility of transferring or demoting the employee to another position for which the employee qualifies was considered.
(c) Any civil service employee who fails to meet performance requirements shall have the right to grieve under:
(1) A collective bargaining grievance procedure that culminates in a final and binding decision by a performance judge pursuant to section 89-10.8; or
(2) The departmental complaint procedure that culminates in a final and binding decision by the merit appeals board under section 76-14.
The performance judge or the merit appeals board, as the case may be, shall use the conditions in subsection (b) as tests in reaching a decision on whether the employer's action, based on a failure by the employee to meet performance requirements of the employee's position, was with or without merit. [L 1955, c 274, pt of §1; RL 1955, §3-21(u); am L 1961, c 41, §1; HRS §76-41; gen ch 1985; am L 1994, c 56, §21; am L 1998, c 52, §1; am L 2000, c 253, §23]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-43 Layoff.

§76-43 Layoff.
When it is necessary to release employees due to lack of work, lack of funds, or other legitimate reasons, employees with permanent appointments in civil service positions shall have layoff rights. Layoffs shall be made in accordance with procedures negotiated under chapter 89 or established under chapter 89C, as applicable. [L 1965, c 146, §1; Supp, §3-21(x); HRS §76-43; gen ch 1985; am L 1994, c 56, §21; am L 2000, c 253, §25]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-45 Suspension.

§76-45 Suspension.
An appointing authority may, for disciplinary purposes, suspend any employee without pay or place an employee on leave without pay pending an investigation. Suspensions and leaves without pay pending an investigation shall be in accordance with procedures negotiated under chapter 89 or established under chapter 89C, as applicable. [L 1955, c 274, pt of §1; RL 1955, §3-23; am L 1957, c 107, §1; am L 1967, c 52, §1; HRS §76-45; am L 1981, c 5, §2; gen ch 1985; am L 2000, c 253, §26]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-46 Discharges; demotions.

§76-46 Discharges; demotions.
An appointing authority may discharge or demote any employee when the appointing authority considers that the good of the service will be served thereby. Discharges may be made only for such causes that will promote the efficiency of government service.
Demotions or discharges shall be in accordance with procedures negotiated under chapter 89 or established under chapter 89C, as applicable. [L 1955, c 274, pt of §1; RL 1955, §3-24; HRS §76-46; am L 1981, c 5, §3; gen ch 1985; am L 2000, c 253, §27]
Case Notes
Ten-day suspension without pay prior to termination. 963 F.2d 1167.
Although plaintiff claimed that the police department violated this section, there was no dispute that the police chief terminated plaintiff thinking "that the good of the service will be served thereby". 937 F. Supp. 2d 1220 (2013).
Purpose of section, dismissal, act of appointing authority, discussed. 42 H. 122.
Requirement as to ten days' notice before date of dismissal is clear and unambiguous. 52 H. 313, 475 P.2d 53.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-49 Subpoenas, oaths.

§76-49 Subpoenas, oaths.
The merit appeals board shall have such powers as may be provided by law with respect to compelling the attendance of witnesses and administering oaths to witnesses, and as to all matters within the scope of its authority the director and any hearing officer shall have similar powers. [L 1955, c 274, pt of §1; RL 1955, §3-27; HRS §76-49; am L 1994, c 56, §21; am L 2000, c 253, §29]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-50 Compensation and expenses of a merit appeals board.

§76-50 Compensation and expenses of a merit appeals board.
Each member of a merit appeals board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 1955, c 274, pt of §1; RL 1955, pt of §3-13; HRS §76-50; gen ch 1985; am L 2000, c 253, §30]
Attorney General Opinions
Members of the civil service commission for the county of Hawaii are not entitled to any compensation under this section. Att. Gen. Op. 88-4.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-51 Prohibited activities by members of a merit appeals board.

§76-51 Prohibited activities by members of a merit appeals board.
No person who occupies any elective or appointive office under the state or county government shall be eligible for membership on or continue to be a member of the merit appeals board. The term "appointive office" for the purpose of this section, shall not include notaries public. No member of the merit appeals board shall, during the member's term of office, serve as an officer or committee member of any political party organization, including a precinct organization, or present oneself as a candidate or be a candidate for nomination or election to any public office at any election. The office of any member who violates this section or section 84-13 or 84-14 shall be conclusively presumed to have been abandoned and vacated by reason thereof and the chief executive shall thereupon appoint a qualified person to fill the vacancy. As an alternative remedy, proceedings in the nature of quo warranto may be brought by any person to oust any member who violates this section or section 84-13 or 84-14. [L 1955, c 274, pt of §1; RL 1955, §3-16; HRS §76-51; gen ch 1985; am L 2000, c 253, §31]
Attorney General Opinions
Employee of department of education may not be a member of a civil service commission. Att. Gen. Op. 90-9.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-71 Department of civil service.

Note
Former part II heading entitled "Civil Service for the State" was repealed by L 2000, c 253, §8. This part II heading was renumbered from part III and amended by L 2000, c 253, §32.
§76-71 Department of civil service.
There shall be a department of civil service for each of the counties of Hawaii, Maui, and Kauai, which shall include a personnel director and a merit appeals board established under section 76-47. [L 1955, c 274, pt of §1; RL 1955, §3-60; HRS §76-71; am L 1977, c 61, pt of §1; am L 2000, c 253, §33]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-75 Personnel director.

§76-75 Personnel director.
The merit appeals board shall appoint and may at pleasure remove a personnel director, who shall be the chief administrative officer of the department of civil service. The director shall, at the time of the director's appointment, and thereafter, be thoroughly familiar with the principles and methods of personnel administration and shall believe in applying merit principles and scientific administrative methods to public personnel administration. [L 1955, c 274, pt of §1; RL 1955, §3-18; am L 1957, c 207, §1(a); am L Sp 1959 2d, c 1, §11; HRS §76-75; am L 1977, c 61, pt of §1; gen ch 1985; am L 2000, c 253, §34]
Case Notes
Conflicting provisions of the Maui Charter are invalid. 59 H. 65, 576 P.2d 1029.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-76 Deputy director.

§76-76 Deputy director.
The personnel director may designate a qualified person as the director's deputy. The deputy shall be thoroughly familiar with the principles and methods of personnel administration and shall believe in applying merit principles and scientific administrative methods to public personnel administration. In case of a vacancy in the office of director or of the absence of the director or the director's inability from any cause to discharge the powers and duties of the director's office, the powers and duties shall devolve upon the director's deputy. [L 1955, c 274, pt of §1; RL 1955, pt of §3-19; HRS §76-76; am L 1977, c 61, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 76. Civil Service Law › 76-103 Veteran's preference.

§76-103 Veteran's preference.
The extent to which veteran's preference shall be given to veterans, to disabled veterans, to spouses of disabled veterans, and to surviving spouses of deceased servicemen who have not remarried shall be provided by rules and regulations. [L 1955, c 274, pt of §1; RL 1955, §3-81; am L 1967, c 279, §1; HRS §76-103; am L 1973, c 177, §1(3)]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-1.5 Definitions.

§78-1.5 Definitions.
As used herein, unless the context clearly requires otherwise, the terms "appointing authority", "chief executive", "director", "employee", "employer", and "jurisdiction" shall have the same meaning as those terms are defined in section 76-11. [L 2000, c 253, pt of §74]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-1.6 Office hours.

§78-1.6 Office hours.
Offices of the State and counties shall be open for the transaction of public business as determined by the chief executive. Offices need not be open for the transaction of public business on the state holidays designated under section 8-1 and as observed under section 8-2. [L 2000, c 253, pt of §74]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-2.6 Prospective employees; suitability for public employment.

§78-2.6 Prospective employees; suitability for public employment.
All prospective employees, regardless of the positions they will assume, shall demonstrate their suitability for public employment by:
(1) Passing a pre-employment controlled substance drug test if required by the employing jurisdiction; and
(2) Attesting that during the three-year period immediately preceding the date of application for employment, the person was not convicted of any controlled-substance-related offense.
If an applicant fails to meet the suitability requirements of the employing jurisdiction, the applicant shall be disqualified from further employment consideration or deemed ineligible for appointment under section 76-29 on the basis of unsuitability for public employment.
Notwithstanding paragraph (2), for positions described in section 76-16(b)(13)(C), an applicant shall not be automatically disqualified from employment based on a controlled-substance-related offense, provided that reasonable safeguards are in place to protect employees and the public. [L 2000, c 253, pt of §74; am L 2013, c 30, §2]]
Revision Note
Subsection designation deleted pursuant to §23G-15(1).
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-2.8 Public employees; termination.

§78-2.8 Public employees; termination.
(a) If a public employee is convicted of a felony for conduct related to the public employee's duties, the public employee shall be terminated from the public employee's position.
(b) If the felony conviction that results in the termination of a public employee pursuant to subsection (a) is overturned on appeal, the public employee shall receive back pay and be returned to the position the public employee held prior to conviction, or an equivalent position if the public employee's position was filled; provided that the employee is not terminated from the employee's position in accordance with any other provision of law.
(c) For purposes of this section:
(1) "Public employee" means any public employee of the State or any county, and the political subdivisions and agencies thereof, any employees under contract with the State or county, any civil service employees, and any probationary or provisional employees of the State or county;
(2) Employees covered by chapter 89 shall be entitled to a grievance procedure culminating in a final and binding decision; and
(3) A rebuttable presumption shall arise that the criminal conviction is just and proper cause for the employee's termination. [L 2003, c 150, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-3.1 Whistleblowers; notice.

§78-3.1 Whistleblowers; notice.
(a) Upon receipt of any complaint made pursuant to section 378-70, the department of labor and industrial relations shall inform the complainant of the complainant's rights under the law.
(b) The department of labor and industrial relations shall prescribe the content and the posting of notices pertaining to the application of sections 378-70 and 396-8(e). [L 2011, c 166, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-3.5 Experimental modernization projects.

§78-3.5 Experimental modernization projects.
(a) It is the intent of this section to encourage and facilitate improvements in the human resource programs of the several jurisdictions. With the approval of the chief executive, the director may conduct experimental modernization projects to determine whether specific changes in its human resource program would result in a more desirable program for the jurisdiction.
(b) Prior to the implementation of any experimental modernization project, the director shall:
(1) Develop a plan identifying the purposes of the project, the methodology to be used, the duration of the project, the criteria for evaluation of the project, and the cost of the project, if any;
(2) Consult with the employees who would be involved in the conduct of the project; and
(3) Negotiate with the exclusive representative if a modification or waiver of any provision in a collective bargaining agreement is necessary to conduct the project.
(c) While the project is in progress, it shall not be limited by state or local personnel laws and rules, but shall be in compliance with all equal employment opportunity laws and laws prohibiting discrimination. [L 2000, c 253, pt of §74]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-3.6 Experimental modernization projects; county boards of water supply.

§78-3.6 Experimental modernization projects; county boards of water supply.
It is the intent of this section to encourage and facilitate improvements in the human resource programs of qualifying boards of water supply. With or without the approval from the chief executive, the director of any qualifying board of water supply may conduct experimental modernization projects to determine whether specific changes in its human resource program would result in a more desirable program for the jurisdiction.
Prior to the implementation of any experimental modernization project, the director of any qualifying board of water supply shall:
(1) Develop a plan identifying:
(A) The purpose of the project;
(B) The methodology to be used;
(C) The duration of the project;
(D) The criteria for evaluation of the project; and
(E) The cost of the project, if any; and
(2) Consult and negotiate with the exclusive representative if a modification or waiver of any provision in a collective bargaining agreement, including any new provision, is necessary to conduct the project.
The representative of the qualifying board of water supply and the exclusive representative shall mutually agree in writing to any modification, waiver, or new provision before the project is implemented.
While the board of water supply project is in progress, it shall not be limited by state or local personnel laws and rules, but shall be in compliance with all equal employment opportunity laws, laws prohibiting discrimination, and chapter 89.
For purposes of this section, "qualifying board of water supply" means any county board of water supply serving a population of 500,000 or more persons. [L 2003, c 40, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-4 Boards and commissions; service limited.

§78-4 Boards and commissions; service limited.
(a) Any other provision of law to the contrary notwithstanding, no person shall be allowed to serve on more than one state board or commission expressly created by a state statute or the state constitution.
(b) Any prohibition in any law against the holding of outside employment or dual public office, employment, or position by an employee shall not bar the appointment of an employee to membership on a board or commission unless service on the board or commission would be inconsistent or incompatible with or would tend to interfere with the duties and responsibilities of the other office, employment, or position held by the employee.
(c) When any employee must be away from the employee's regular work because of service as a member on a board or commission, the employee shall not, as a result of the absence, suffer any loss of the employee's regular salary or wages. The time spent in service as a board or commission member outside of the employee's regular work hours shall not be considered as time worked. [L 1957, c 114, § §1 to 3; Supp, §7-25.5; HRS §78-4; am L 1982, c 24, §1; am L 1984, c 227, §1; am L 1994, c 200, § §5, 17; am L 1998, c 11, §33; am L 2000, c 253, §76]
Cross References
Selection and term of members, generally, see Const. Art. V, §6 and §26-34.
Attorney General Opinions
Local school advisory council is board of a public character. Att. Gen. Op. 62-50.
A board member is not eligible for appointment to a charter commission. Att. Gen. Op. 63-29.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-7 Certain public officers prohibited from receiving certain masterships and master's fees; forfeiture.

§78-7 Certain public officers prohibited from receiving certain masterships and master's fees; forfeiture.
No person holding any salaried office or employment in the executive or judicial branches of the government of the State or any county thereof, or holding any executive or judicial office or employment any part of the compensation for which is paid by the State or any county, shall be appointed to serve as master to examine, pass, or report upon any account filed in any court of the State by any guardian, trustee, or personal representative except where the estate concerned is insolvent or there are insufficient funds therein to pay a reasonable master's fee. In that event, the master shall not receive, directly or indirectly, any fee or other remuneration for services rendered as master to examine, pass, or report upon any account filed in any court of the State by any guardian, trustee, or personal representative. The person receiving or accepting the fee or remuneration shall by virtue of the acceptance be deemed to have released and forfeited all claim and right thereafter to any compensation payable by the State or county by virtue of the office or employment, and in addition, if the person is holding an office or employment, subject to the power of the legislature of the State to provide for forfeiture thereof as herein provided, shall be deemed to have forfeited and been ipso facto discharged from the person's office or employment. In any event, upon acceptance of the fee or remuneration, the comptroller of the State or director of finance of any county is prohibited from issuing any warrant to the person except for services rendered prior to the forfeiture. This section shall not apply to officers whose only compensation from the government is paid pursuant to any state statute upon a per diem basis or upon a fee basis, or to officers or employees appointed or employed by contract to render a temporary professional service. Traveling or other expenses paid or payable by the State or any county to any officer or employee shall not be deemed to be compensation. [L 1939, c 13, §1; am L 1941, c 23, §1; RL 1945, §457; am L 1945, c 95, §1; RL 1955, §5-13; am L 1957, c 152, §1 and c 180, §1; HRS §78-7; am L 1976, c 200, pt of §1; gen ch 1985]
Revision Note
"Director of finance" substituted for "auditor" to conform to terminology of county charters.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-8 Persons subject to sections 78-8 to 78-11.

§78-8 Persons subject to sections 78-8 to 78-11.
The persons subject to sections 78-8 to 78-11 are those elected to or appointed or employed in the government of the State or any county, or in any political subdivision thereof, or appointed to or employed in any office or employment any part of the compensation of which is paid out of public funds. [L 1951, c 177, §1; RL 1955, §5-3; HRS §78-8; am L 2001, c 83, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-9 Failure to appear or testify, termination of employment.

§78-9 Failure to appear or testify, termination of employment.
If any person subject to sections 78-8 to 78-11, after lawful notice or process, wilfully refuses or fails to appear before any court or judge, any legislative committee, or any officer, board, or commission, or having appeared refuses to testify or to answer any question regarding (1) the government, property or affairs of the State or of any political subdivision thereof, or (2) the person's qualifications for public office or employment, or (3) the qualifications of any officer or employee of the State or any political subdivision thereof, on the ground that the person's answer would tend to incriminate the person, or refuses to testify or to answer any such question without right, the person's term or tenure of office or employment shall terminate and the office or employment shall be vacant, and the person shall not be eligible to election or appointment to any office or employment under the State or any political subdivision thereof. To the extent that the State is without authority to require, under the constitution or laws of the United States, compliance by any public officer or public employee herewith, sections 78-8 to 78-11 shall not apply to the officer or employee, but the sections shall apply to the extent that they or any part thereof can lawfully be made applicable. [L 1951, c 177, §2; RL 1955, §5-4; HRS §78-9; gen ch 1985; am L 2001, c 83, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-10 Procedure upon default.

§78-10 Procedure upon default.
If any person subject to sections 78-8 to 78-11 refuses to appear or refuses to testify under any of the circumstances contemplated in section 78-9, the presiding judge or officer of the court or body before which the default or refusal occurs shall certify the fact thereof to the appointing or employing authority having cognizance of the person as a public officer or public employee and to the comptroller or other disbursing officer who issues warrants or checks to pay the person for the person's services as a public officer or public employee. If the default or refusal occurs before any court or body whose presiding judge or officer may not be required by the legislature to make and file such a certificate, then (1) the presiding judge or officer may make and file the certificate, and (2) the attorney general of the State, upon learning of the default or refusal, shall make and file the certificate if the presiding judge or officer of the court or body has not filed the same. Upon receiving a certificate, (A) the appointing or employing authority shall remove or discharge the person from office or employment, and (B) the comptroller or other disbursing officer shall make no further payments of public funds to the person, except to pay the person the salary, wages, bonus, or other compensation to which the person otherwise would be entitled if the person were voluntarily terminating the person's office or employment on the day the order is served on the comptroller or other disbursing officer. [L 1951, c 177, pt of §3; RL 1955, §5-5; am L 1957, c 152, §1; HRS §78-10; gen ch 1985]