reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-11 Review of discharge.

§78-11 Review of discharge.
The removal or discharge of any person from office or employment under sections 78-8 to 78-11 shall not be reviewable by any court, officer, or agency of the State or county, or any political subdivision thereof, but nothing herein shall preclude any court of competent jurisdiction from reviewing the question whether the removal or discharge is in accordance with the sections. In the case of any officer who may only be removed from office by the governor by and with the advice and consent of the senate of the State, the removal of the officer shall not be effected until the advice and consent of the senate thereto is given, but the duties of the comptroller or other appropriate disbursing officer hereinbefore specified shall remain the same. [L 1951, c 177, pt of §3; RL 1955, §5-6; am L 1957, c 152, §1; HRS §78-11]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-16.5 Pay of officers and employees on active military service and other periods.

§78-16.5 Pay of officers and employees on active military service and other periods.
(a) All officers and employees of the State and the several counties who are appointed for at least six months of service shall be entitled, while on active duty, inactive-duty training, or during periods of camps of instruction or field maneuvers as members of the national guard or reserve of the armed forces under call of the President of the United States or the governor of the State, to receive pay as provided by law. During the absence of the officer or employee, while in the performance of ordered military or naval duty, including inactive-duty training, as a member of the national guard or reserve of the armed forces, the officer or employee shall receive the officer's or employee's salary or compensation as an officer or employee, but only for a period not exceeding fifteen working days in any calendar year.
(b) Notwithstanding subsection (a), if the officer or employee is called to active duty or otherwise required to report for camp training or field maneuvers by official military orders a second time within a calendar year, the officer or employee may elect to use the fifteen working days of the succeeding calendar year to which the officer or employee is entitled for such purposes within the current calendar year; provided that the officer's or employee's entitlement to fifteen working days under this section for the succeeding calendar year shall be canceled and the officer or employee shall so agree in writing. [L 2003, c 109, pt of §5; am L 2016, c 201, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-16.6 Nonforfeiture for absence. Every officer and employee of the State and the several counties who is a member of the Hawaii national guard or organized reserves, including the officers' reserve corps and the enlisted reserve corps, shall be entitled to be absent from the officer's or employee's duties or service while engaged in the performance of ordered military or naval duty and while going to and returning from such duty. No officer or employee shall be subjected, directly or indirectly, by reason of the absence to any loss or diminution of vacation or holiday privileges or be prejudiced by reason of the absence with reference to promotion or continuance in office, employment, reappointment to office, or reemployment. [L 2003, c 109, pt of §5]

§78-16.6
Nonforfeiture for absence.
Every officer and employee of the State and the several counties who is a member of the Hawaii national guard or organized reserves, including the officers' reserve corps and the enlisted reserve corps, shall be entitled to be absent from the officer's or employee's duties or service while engaged in the performance of ordered military or naval duty and while going to and returning from such duty.
No officer or employee shall be subjected, directly or indirectly, by reason of the absence to any loss or diminution of vacation or holiday privileges or be prejudiced by reason of the absence with reference to promotion or continuance in office, employment, reappointment to office, or reemployment. [L 2003, c 109, pt of §5]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-17 Payment of salaries or wages upon discharge from service.

§78-17 Payment of salaries or wages upon discharge from service.
Whenever in any case, and for whatever cause, the employment of any officer, agent, employee, or other person in the public service is discharged, the discharged person shall be paid immediately upon the approval of the head of the department in which the person was engaged whatever salary or wages that are due the person. [L 1941, c 285, §1; RL 1945, §456; RL 1955, §5-18; HRS §78-17; am L 2000, c 253, §78]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-18.3 Prohibition on certain increases in salaries for certain state and county officers or employees.

§78-18.3 Prohibition on certain increases in salaries for certain state and county officers or employees.
Any law to the contrary notwithstanding, neither the State nor any of the counties shall provide or pay to the following state or county officers or employees any adjustment or increase in the officer's or employee's respective salary or compensation where such adjustment or increase constitutes a mandatory adjustment or increase which is, directly or indirectly, dependent upon and related to negotiated salary adjustments or increases received under collective bargaining agreements by civil service or other public employees covered by collective bargaining: any elected or appointed officer or employee in the executive and judicial branches of state government and the executive branch of any county government (1) whose salary or compensation is fixed, limited, or otherwise specified by statute, ordinance, or other legislative enactment whether or not in express dollar amounts or express dollar amount ceilings; (2) who is not subject to chapter 76; and (3) who is excluded from collective bargaining and not subject to chapter 89C. [L 1982, c 129, pt of §34A; gen ch 1985; am L 2000, c 253, §150]
Case Notes
Constitutional. 67 H. 412, 689 P.2d 757.
Power of legislature to enact laws of statewide concern not limited by article VIII, §2 of state constitution; §46-21.5 and this section not unconstitutional under article VIII, §2 of state constitution as provisions intended to allow for integrated, equitable, and reasonable salaries among top-level officers of all jurisdictions was a matter of statewide concern and thus was a matter within the powers of the legislature. 67 H. 412, 689 P.2d 757.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-20 Sureties.

§78-20 Sureties.
Whenever by any law, regulation, ordinance, rule or order of court, or any rule of any department of the state government or of any subdivision thereof, any person shall be required to give any written bond or undertaking for the performance of any contract or the provisions of any license, or for the indemnity or security of any person, party or any officer, there shall be attached to the bond or undertaking an affidavit of each of the sureties thereon, duly verified by oath, from which it shall appear that the sureties have property situate within the State subject to execution and that the sureties taken together are worth in the property the amount of the penalty specified in the bond or undertaking, over and above all of their debts and liabilities. In default of the justification no bond or undertaking shall be accepted. Notwithstanding any provision requiring two or more sureties, if any such bond or undertaking is executed by the principal and by any corporation, organized for the purpose of becoming surety on such bonds, authorized under the laws of the United States or of the State to act as surety, and doing business in the State under the provisions of the laws of the United States or of the State, if a foreign corporation, and under the laws of the State, if a Hawaiian corporation, the corporation may be accepted as sole surety on the bond, whenever, in the opinion of the officer or officers whose duty it is to approve the bond, the rights of all parties in interest will be fully protected. When the surety on any such bond is a corporation authorized to do a surety company business, no justification shall be required.
Nothing herein shall be deemed to prevent the deposit of cash or other security in lieu of any surety or sureties, when permitted by the law, regulation, ordinance, rule or order concerned. [L 1915, c 197, §1; am L 1917, c 78, §1; RL 1925, §161; am L 1931, c 163, §1; RL 1935, §160; RL 1945, §497; RL 1955, §7-21; HRS §78-20; am L 1973, c 32, §1]
Case Notes
This section controls all surety affidavits. 30 H. 658.
Guarantee of corporation not ultra vires, when. 32 H. 667.
One surety sufficient. 33 H. 265.
Justification requirements. 33 H. 311.
Rights. 33 H. 545.
Subrogation. 33 H. 607.
Liability. 33 H. 632.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-21 Limitation of liability.

§78-21 Limitation of liability.
Except in cases of gross negligence, no public officer or employee shall be liable for damages to government property if such damages to government property were caused by the public officer or employee while performing work within the scope of the officer's or employee's employment. [L 1971, c 145, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-23.5 Paid leave for state and county employees providing disaster relief services for the American Red Cross.

§78-23.5 Paid leave for state and county employees providing disaster relief services for the American Red Cross
.
(a) The governor or mayor or their respective designees may grant a state or county employee who is a certified American Red Cross disaster volunteer up to thirty days paid leave of absence to perform disaster relief services for the American Red Cross, a federally chartered nongovernmental disaster relief organization, when a disaster has been:
(1) Designated as level III or higher by American Red Cross regulations;
(2) Officially declared by the President of the United States; or
(3) Declared a state of emergency by the governor;
provided that the employee has prior authorization from the governor or mayor, or their respective designee, as applicable, and the leave of absence imposes no undue hardship on state or county operations.
(b) Employees granted leaves of absence pursuant to this section shall be paid at their regular rates of pay for those regular hours during which the employees are absent from work, without loss of seniority, pay, vacation, sick leave, or earned overtime accumulations. [L 2003, c 24, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-23.6 Leave of absence to serve as bone marrow donor or organ donor.

§78-23.6 Leave of absence to serve as bone marrow donor or organ donor.
Any officer or employee in the service of the State or any of the several counties shall be entitled to:
(1) Seven days of paid leave each calendar year to serve as a bone marrow donor; and
(2) Thirty days of paid leave each calendar year to serve as an organ donor. [L 2005, c 176, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-24 Injured employee; liability of third persons.

§78-24 Injured employee; liability of third persons.
(a) Whenever any police officer, firefighter, or any other officer or employee who is temporarily exposed to unusually hazardous conditions, or who is a member of a class, recognized by the action of pricing, to be a class exposed to unusually hazardous conditions, receives personal injury arising out of and in the performance of duty and without negligence on the employee's part, the employee shall be placed on accidental injury leave unless suspended or discharged for cause. The employee shall be continued on the department's payroll, as though the employee did not sustain an industrial injury, as follows:
(1) During the first four months of the disability, at the employee's full regular monthly salary; and
(2) Thereafter, during the period of total disability from work at sixty per cent of the employee's regular monthly salary.
The employee shall be entitled to all rights and remedies allowed under chapter 386; provided that any salary paid under this section shall be applied on account of any compensation allowed under chapter 386 or any benefits awarded under part III of chapter 88 to the employee.
(b) When the employer pays benefits to or incurs medical expenses on behalf of any of its employees under this section for any injury sustained under circumstances creating in some person or entity other than the employer a legal liability to pay damages in respect thereto, the employer or the employee may proceed against such third persons and recover all payments made, paid, or due under this section. The employer or employee shall have all of the rights and remedies contained in or provided for under section 386-8. [L 2000, c 253, pt of §74]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-25 Credits for employees receiving workers' compensation benefits; wage supplement.

§78-25 Credits for employees receiving workers' compensation benefits; wage supplement.
(a) Where an employee is absent from work because of injuries incurred within the scope of the employee's employment and the employee is receiving workers' compensation benefits, the employee shall continue to earn vacation, sick leave, and retirement credits as though the employee were not absent but performing duties of the employee's regular employment. Section 386-57 or any other law to the contrary notwithstanding, the employee shall have deducted from the employee's workers' compensation benefit checks an amount calculated in the same manner as if the employee were not absent but performing duties of the employee's regular employment to be used as the employee's contribution to the retirement system.
(b) An employee who is receiving workers' compensation wage loss replacement benefits may use the employee's accumulated sick leave or vacation credits to supplement the workers' compensation wage loss replacement benefits to a sum not to exceed the employee's regular salary. [L 2000, c 253, pt of §74; am L 2015, c 86, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-26 Leave sharing program.

§78-26 Leave sharing program.
(a) The legislature, with regard to its employees, or the chief executive of a jurisdiction may establish a leave sharing program to allow employees to donate accumulated vacation leave credits to another employee within the same jurisdiction who has a serious personal illness or injury or who has a family member who has a serious personal illness or injury. The program shall allow employees who are not entitled to vacation leave to donate accumulated sick leave credits.
(b) The legislature, with regard to its employees, or the director of a jurisdiction desiring to establish a leave sharing program shall develop rules governing donors, recipients, and an approval process that ensures fair treatment and freedom from coercion of employees and imposes no undue hardship on the employer's operations. If it is administratively infeasible to allow leave sharing between different departments or different bargaining units, the rules may limit leave sharing to employees within the same department or same bargaining unit, as necessary. At a minimum, the rules shall require that an eligible recipient must have:
(1) No less than six months of service within the respective jurisdiction;
(2) Exhausted or is about to exhaust all vacation leave, sick leave, and compensatory time credits; provided that sick leave need not be exhausted when the illness or injury involves a family member;
(3) A personal illness or injury or a family member's illness or injury certified by a competent medical examiner as being serious and the cause of the recipient's inability to work; provided that the illness or injury is not covered under chapter 386 or, if covered, all benefits under chapter 386 have been exhausted; and
(4) No disciplinary record of sick leave abuse within the past two years.
Notwithstanding the requirements of chapter 91, the legislature may establish a leave sharing program for legislative employees, in accordance with this section, under policies adopted separately by each house of the legislature and each legislative service agency, or jointly by any combination of entities thereof. [L 2000, c 253, pt of §74; am L 2001, c 37, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-27 Temporary inter- and intra-governmental assignments and exchanges.

§78-27 Temporary inter- and intra-governmental assignments and exchanges.
(a) With the approval of the respective employer, a governmental unit of this State may participate in any program of temporary inter- or intra-governmental assignments or exchanges of employees as a sending or receiving agency. "Agency" means any local, national, or foreign governmental agency or private agency with government sponsored programs or projects.
(b) As a sending agency, a governmental unit of this State may consider its employee on a temporary assignment or exchange as being on detail to a regular work assignment or on leave of absence without pay from the employee's position. The employee on temporary assignment or exchange shall be entitled to the same rights and benefits as any other employee of the sending agency.
(c) As a receiving agency, a governmental unit of this State shall not consider the employee on a temporary assignment or exchange who is detailed from the sending agency as its employee, except for the purpose of disability or death resulting from personal injury arising out of and in the course of the temporary assignment or exchange. The employee on detail may not receive a salary from the receiving agency, but the receiving agency may pay for or reimburse the sending agency for the costs, or any portion of the costs, of salaries, benefits, and travel and transportation expenses if it will benefit from the assignment or exchange.
(d) An agreement consistent with this section and policies of the employer shall be made between the sending and receiving agencies on matters relating to the assignment or exchange, including but not limited to supervision of duties, costs of salary and benefits, and travel and transportation expenses; provided that the agreement shall not diminish any rights or benefits to which an employee of a governmental unit of this State is entitled under this section.
(e) As a receiving agency, a governmental unit of this State may give the employee of the sending agency on a temporary assignment or exchange an exempt appointment and grant the employee rights and benefits as other exempt appointees of the receiving agency if it will benefit from the assignment or exchange. [L 2000, c 253, pt of §74]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-28 In-service training programs.

§78-28 In-service training programs.
Each director shall monitor, make recommendations, and develop policies and guidelines for suitable in-service training programs and activities so that the quality of service rendered by government employees may be continually improved. Participating agencies may be charged fees for training programs. [L 2000, c 253, pt of §74]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-29 Incentive and service awards.

§78-29 Incentive and service awards.
(a) Each chief executive may establish incentive and service awards programs to recognize employees who contribute to the efficiency, economy, or other improvement of government operations or who perform exceptionally meritorious special acts or services in the public interest in connection with or related to their official employment. The programs may allow appointing authorities to establish their own programs consistent with the policies of the chief executive.
(b) The programs may provide for cash awards to recognize suggestions, inventions, superior accomplishments, length of service, and other personal or group efforts. A cash award shall be in addition to the employee's regular compensation. The acceptance of a cash award shall constitute an agreement that use by the government of any idea, method, or device for which the award is made shall not form the basis of a further claim upon the government by the employees or the employees' heirs and assigns.
(c) Awards and expenses for programs may be paid from funds available to the departments and agencies benefiting from or responsible for recognizing the employee's or group of employees' contribution, as determined by the chief executive or appointing authority, as applicable. All administrative decisions made on the issuance of awards under this section shall be final and deemed a performance of a discretionary function of the chief executive or appointing authority. [L 2000, c 253, pt of §74; am L 2001, c 55, §36]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-30 Cafeteria plans.

§78-30 Cafeteria plans.
(a) Each chief executive may establish a wage and salary reduction benefit program which qualifies as a cafeteria plan within the meaning of section 125 of the Internal Revenue Code of 1986, as amended. The cafeteria plan shall allow eligible employees to elect to reduce their pretax compensation in return for payment by the jurisdiction of the expenses of eligible benefits.
(b) In addition to any other powers and duties authorized by law, each chief executive may enter into all contracts necessary to establish, administer, or maintain the cafeteria plans.
(c) The contributions, interest earned, and forfeited participant balances may be held in trust outside of the jurisdiction's treasury for the benefit of the participants and the plan. The funds in trust shall not be subject to the jurisdiction's general creditors. Interest earned or forfeited participant balances may be used to defray participant fees and other administrative costs. [L 2000, c 253, pt of §74]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-31 Paid leave; education of children.

§78-31 Paid leave; education of children.
Employees shall be eligible for up to two hours of paid leave during normal business hours to attend either:
(1) A mutually-scheduled parent-teacher conference for the employee's child attending a public or private school in grades kindergarten through twelve; or
(2) A mutually-scheduled parent-caregiver conference for a preschool-aged child attending a licensed group child care center, as defined under section 346-151;
provided that the time-off shall not be credited against vacation or sick leave benefits, if any; and provided further that the provision of paid leave shall not adversely interfere with the operations of the work unit nor require the applicable agency to incur additional human resources or overtime costs.
The employee shall take no more than two mutually-scheduled conferences, per child, in a single calendar year. Travel time shall be included as part of the two hours permitted for each conference. [L 2003, c 108, §1; am L 2004, c 194, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-32 Payment of approved travel costs for public officers and employees.

§78-32 Payment of approved travel costs for public officers and employees.
(a) This section shall apply to all approved travel costs incurred by an officer or employee of the State or a county in connection with the official business of the respective jurisdiction.
(b) Subject to subsection (d), the State and the counties may pay approved travel costs directly to:
(1) The vendor providing the goods or services involved; or
(2) The officer or employee for whom the approved travel costs are to be paid, by way of a cash advance prior to the date of purchase, unless the officer or employee affirmatively agrees to loan the State or a county the money for the travel costs and be reimbursed after the officer or employee pays for the travel costs.
(c) This section shall not be construed as precluding the reimbursement of approved travel costs to an officer or employee upon completion of travel for any costs that for any reason were not paid by the State or the county, as applicable, in accordance with subsection (b).
(d) As pertains to the officer or employee incurring approved travel costs, whenever there is a conflict between a collective bargaining agreement and this section, the terms of the collective bargaining agreement shall prevail.
(e) For the purposes of this section, "approved travel costs" means any determinable costs of travel for official state or county business approved by the respective jurisdiction and supported by a written invoice. The term includes the costs of transportation to and from a destination point, between destination points, or within a destination point; event registration fees; per diem allowances; and any other necessary costs related to the travel.
(f) An employer shall not take adverse employment actions against an officer or employee who does not affirmatively agree to loan the State or a county the money for the travel costs and be reimbursed after the officer or employee pays for the travel costs. [L 2016, c 158, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-53 Pretax transportation benefit program.

§78-53 Pretax transportation benefit program.
(a) Each chief executive may establish a wage and salary reduction benefit program which qualifies as a pretax transportation benefit program within the meaning of section 132 of the Internal Revenue Code of 1986, as amended. The pretax transportation benefit program shall allow eligible employees to elect to reduce their pretax compensation in return for payment by the jurisdiction of the expenses of eligible benefits.
(b) In addition to any other powers and duties authorized by law, each chief executive may enter into all contracts necessary to establish, administer, or maintain the pretax transportation benefit programs. [L 2012, c 45, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-64 New employees; orientation on benefits and rights.

§78-64 New employees; orientation on benefits and rights.
(a) Each newly hired employee shall be provided a general orientation on the employee's benefits and rights within twenty calendar days of being hired. The orientation shall be conducted by the employee's respective jurisdiction.
(b) The exclusive representative who represents the employee, if any, may attend the employee's general orientation and present information on the employee's benefits and rights.
(c) As used in this section, "exclusive representative" has the same meaning as in section 76-11. [L 2019, c 209, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-65 County mayors; outside employment and emoluments prohibited.

§78-65 County mayors; outside employment and emoluments prohibited.
(a) Beginning November 1, 2022, as of the sixty-first calendar day after election or appointment to office, it shall be unlawful for each county mayor, while holding that office, to maintain any other employment, maintain a controlling interest in a business, or receive any emolument.
(b) Where a mayor has a controlling interest in a business, in order to comply with this section, the mayor may transfer the interest to a blind trust within sixty-one days of election or appointment.
(c) As used in this section:
"Blind trust" means a trust agreement where neither the trustor nor the beneficiaries have any control or influence over, or knowledge of, the assets in the trust, and which complies with the definition of "qualified blind trust" in the Ethics in Government Act of 1978, 5 U.S.C. App. 4 section 101 et seq., as amended.
"Emolument" means any salary, fee, payment, wage, earning, allowance, stipend, honorarium, or reward; provided that "emolument" does not include the salary or benefits for service as a county mayor or any pension income; retirement income; social security payment; non-controlling ownership of stocks, mutual funds, or real estate; rental income; or other form of passive income. [L 2020, c 75, §2]
Cross References
Governor; outside employment and emoluments prohibited, see §84-14.5.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 78. Public Service › 78-66 Employment first; persons with disabilities.

§78-66
Employment first; persons with disabilities.
(a) Employment first shall be a policy of the State and the counties. Employment services are the first choice of services that are offered for persons with disabilities receiving assistance from publicly funded systems. State and county agencies shall ensure that employment first is effectively implemented in hiring practices and all programs and services administered or funded by the State and counties, including programs and services that help persons with disabilities obtain employment. All state and county agencies shall coordinate efforts and collaborate to ensure that programs, policies, procedures, and funding support competitive employment in an integrated setting for persons with disabilities. All state and county agencies, when feasible, may share data and information to track progress toward full implementation of this section.
(b) Nothing in this section shall be construed to require any employer to give preference to hiring a person with a disability.
(c) Nothing in this section shall be construed as eliminating any other appropriate supported employment service.
(d) As used in this section:
"Competitive employment" means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting, and for which a person with a disability is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by a person without a disability.
"Employment first" means the competitive employment and full inclusion of persons with a disability in an integrated setting as a first and preferred option for employment services.
"Integrated setting" means an employment setting in which persons with disabilities interact with persons without disabilities, other than persons without disabilities who are providing services to those persons with disabilities, to the same extent that persons without disabilities interact with other persons in comparable positions.
"Person with a disability" means a person who has a physical or mental impairment that substantially limits one or more major life activities. [L 2022, c 308, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 79. Leaves of Absence--Repealed

REPEALED.
L 2000, c 253, §132; L 2001, c 123, §16(2).
Note
L 2001, c 37, §1 purports to amend §79-33.
Cross References
For other leaves of absence provisions, see § §78-23, 78-23.5, 78-23.6, 78-27, 302A-614, and 302A-616; prohibited when, see §76-30.5.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-1 Construction.

§84-1 Construction.
This chapter shall be liberally construed to promote high standards of ethical conduct in state government. [L 1972, c 163, pt of §1]
Law Journals and Reviews
The Lawyer-Legislator and the Canons of Ethics. 1 HBJ, Jan 1959, at 11.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-2 Applicability.

§84-2 Applicability.
This chapter shall apply to every nominated, appointed, or elected officer, employee, and candidate to elected office of the State and for election to the constitutional convention, but excluding justices and judges; provided that in the case of elected delegates and employees of the constitutional convention, this chapter shall apply only to the enforcement and administration of the code of ethics adopted by the constitutional convention. [L 1972, c 163, pt of §1; am L 1979, c 91, §3]
Case Notes
Commission has no jurisdiction to continue with charges against employee after employee resigns. 53 H. 373, 494 P.2d 559.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-3 Definitions.

§84-3 Definitions.
"Business" includes a corporation, a partnership, a sole proprietorship, a trust or foundation, or any other individual or organization carrying on a business, whether or not operated for profit.
"Compensation" means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered by oneself or another.
"Controlling interest" means an interest in a business or other undertaking which is sufficient in fact to control, whether the interest be greater or less than fifty per cent.
"Employee" means any nominated, appointed, or elected officer or employee of the State, including members of boards, commissions, and committees, and employees under contract to the State or of the constitutional convention, but excluding legislators, delegates to the constitutional convention, justices and judges.
"Employment" means any rendering of services for compensation.
"Financial interest" means an interest held by an individual, the individual's spouse, or dependent children which is:
(1) An ownership interest in a business.
(2) A creditor interest in an insolvent business.
(3) An employment, or prospective employment for which negotiations have begun.
(4) An ownership interest in real or personal property.
(5) A loan or other debtor interest.
(6) A directorship or officership in a business.
"Official act" or "official action" means a decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority.
"Official authority" includes administrative or legislative powers of decision, recommendation, approval, disapproval, or other discretionary action.
"State agency" includes the State, the legislature and its committees, all executive departments, boards, commissions, committees, bureaus, offices, the University of Hawaii, and all independent commissions and other establishments of the state government but excluding the courts.
"Task force" means a group convened by resolution, statute, executive order, proclamation, or by invitation of the legislature, governor, or another state officer, to study a specific subject or issue, for a specific defined period of time, and to report to, offer a recommendation to, or advise the legislature, governor, or a state officer. [L 1972, c 163, pt of §1; am L 1978, c 245, §1; am L 1979, c 91, §4; gen ch 1985; am L 2012, c 208, §2]
Revision Note
Definitions restyled.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-11 Gifts.

Note
Part heading amended by L 1979, c 91, §5.
Attorney General Opinions
As long as the mandatory topics listed in the third paragraph of article XIV of the Hawaii State Constitution are addressed, the legislature exercises discretion over what specific conduct is prohibited, permitted, or otherwise regulated under the state ethics code. Assuming no other state or federal constitutional provision is brought into play, the legislature may exempt certain conduct from the state ethics code or otherwise subject it to related regulation, such as disclosure requirements. Att. Gen. Op. 15-2.
The state ethics code must apply to all state employees; individual employees may not be exempted from the state ethics code. Att. Gen. Op. 15-2.
§84-11 Gifts.
No legislator or employee shall solicit, accept, or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise, or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence the legislator or employee in the performance of the legislator's or employee's official duties or is intended as a reward for any official action on the legislator's or employee's part. [L 1972, c 163, pt of §1; gen ch 1985]
Attorney General Opinions
Section does not apply to receipt by department of agriculture of gifts from private sector to assist in preventing entry of brown tree snakes into Hawaii, since the gifts are to be used by department to conduct official department functions. Att. Gen. Op. 92-04.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-12 Confidential information.

§84-12 Confidential information.
No legislator or employee shall disclose information which by law or practice is not available to the public and which the legislator or employee acquires in the course of the legislator's or employee's official duties, or use the information for the legislator's or employee's personal gain or for the benefit of anyone; provided that this section shall not preclude a person who serves as the designee or representative of an entity that is a member of a task force from disclosing information to the entity which the person acquires as the entity's designee or representative. [L 1972, c 163, pt of §1; gen ch 1985; am L 2012, c 208, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-13.5 Washington Place; campaign activities.

§84-13.5 Washington Place; campaign activities.
The governor shall not allow Washington Place to be used for any events intended to solicit funds, support, or votes for any candidate for elective public office. [L 2002, c 46, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-14.5 Governor; outside employment and emoluments prohibited.

§84-14.5 Governor; outside employment and emoluments prohibited.
(a) Beginning November 1, 2022, as of the sixty-first calendar day after election or appointment to office, it shall be unlawful for the governor, while holding that office, to maintain any other employment, maintain a controlling interest in a business, or receive any emolument.
(b) Where a governor has a controlling interest in a business, in order to comply with this section, the governor may transfer the interest to a blind trust within sixty-one days of election or appointment.
(c) As used in this section:
"Blind trust" means a trust agreement where neither the trustor nor the beneficiaries have any control or influence over, or knowledge of, the assets in the trust, and which complies with the definition of "qualified blind trust" in the Ethics in Government Act of 1978, 5 U.S.C. App. 4 section 101 et seq., as amended.
"Emolument" means any salary, fee, payment, wage, earning, allowance, stipend, honorarium, or reward; provided that "emolument" does not include the salary or benefits for service as the governor or any pension income; retirement income; social security payment; non-controlling ownership of stocks, mutual funds, or real estate; rental income; or other form of passive income. [L 2020, c 75, §3]
Cross References
County mayors; outside employment and emoluments prohibited, see §78-65.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-15 Contracts.

§84-15 Contracts.
(a) A state agency shall not enter into any contract to procure or dispose of goods or services, or for construction, with a legislator, an employee, or a business in which a legislator or an employee has a controlling interest, involving services or property of a value in excess of $10,000 unless:
(1) The contract is awarded by competitive sealed bidding pursuant to section 103D-302;
(2) The contract is awarded by competitive sealed proposal pursuant to section 103D-303; or
(3) The agency posts a notice of its intent to award the contract and files a copy of the notice with the state ethics commission at least ten days before the contract is awarded.
(b) A state agency shall not enter into a contract with any person or business which is represented or assisted personally in the matter by a person who has been an employee of the agency within the preceding two years and who participated while in state office or employment in the matter with which the contract is directly concerned. This subsection shall not apply to any contract that is awarded in accordance with subsection (a) with a person or business represented or assisted by a person who was a member of a task force or served as the designee or representative of a task force member. [L 1972, c 163, pt of §1; am L 1978, c 245, §3; gen ch 1985; am L 1989, c 226, §1; am L 1995, c 178, §2; am L 2012, c 208, §6]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-16 Contracts voidable.

§84-16 Contracts voidable.
In addition to any other penalty provided by law, any contract entered into by the State in violation of this chapter is voidable on behalf of the State; provided that in any action to avoid a contract pursuant to this section the interests of third parties who may be damaged thereby shall be taken into account, and the action to void the transaction is initiated within sixty days after the determination of a violation under this chapter. The attorney general shall have the authority to enforce this provision. [L 1972, c 163, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-17.5 Disclosure files; disposition.

§84-17.5 Disclosure files; disposition.
(a) All financial disclosure statements filed by a legislator, employee, or delegate to a constitutional convention shall be maintained by the state ethics commission for a period of six years from the date of the financial disclosure statement's filing. Upon the expiration of the six-year period, the financial disclosure statement and all copies thereof may be destroyed.
(b) Upon the expiration of six years after an election for which a candidate for state elective office or a constitutional convention has filed a financial disclosure statement, the state ethics commission may destroy the candidate's financial disclosure statement and all copies thereof.
(c) Financial disclosure statements provided for in section 84-17(d) shall cease to be public records once the six-year period in subsection (a) or (b) has run.
(d) Nothing herein shall bar the state ethics commission from retaining a financial disclosure statement or copy of a financial disclosure statement that has become part of a charge case or advisory opinion request, or is part of an ongoing investigation. [L 1989, c 219, §1; am L 1993, c 27, §1; am L 1997, c 49, §1; am L 2019, c 120, §3; am L 2023, c 9, §2]
Note
The 2023 amendment applies to all disclosures that were filed before March 31, 2023, and that are in the state ethics commission's possession and control. L 2023, c 9, §4.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-19 Violation

§84-19 Violation
. (a) Any favorable state action obtained in violation of the code of ethics for legislators or employees and former employees is voidable in the same manner as voidable contracts as provided for under section 84-16; and the State by the attorney general may pursue all legal and equitable remedies available to it.
(b) The State by the attorney general may recover any fee, compensation, gift, or profit received by any person as a result of a violation of the code of ethics by a legislator or employee or former legislator or employee. Action to recover under this subsection shall be brought within one year of a determination of such violation.
(c) Any violation of this chapter by an employee, candidate for election to and elected delegate to the constitutional convention shall be punishable only in accordance with the code of ethics adopted by the constitutional convention. [L 1972, c 163, pt of §1; am L 1979, c 91, §7; am L 1981, c 82, §11; am L 1989, c 291, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-21 State ethics commission established; composition.

§84-21 State ethics commission established; composition.
(a) There is established within the office of the auditor for administrative purposes only a commission to be known as the state ethics commission. The commission shall consist of five members appointed by the governor from a panel of ten persons nominated by the judicial council. Each member of the commission shall be a citizen of the United States and a resident of the State. Members of the commission shall hold no other public office.
(b) The chairperson of the commission shall be elected by the majority of the members of the commission. The term of each member of the commission shall be for four years. No person shall be appointed consecutively to more than two terms as a member of the commission. A vacancy on the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointment, except that the judicial council shall nominate for gubernatorial appointment two persons for a vacancy.
(c) No member of the commission shall hold office for more than one hundred and twenty days after the expiration of the member's term. If the governor fails to appoint a person to a vacant office within sixty days after receipt of the list of nominees from the judicial council, council shall select a person from its list of nominees to fill the vacant office, notwithstanding subsection (b) and section 26-34 to the contrary.
(d) The governor may remove or suspend any member of the commission upon the filing of a written finding with the commission, and upon service of a copy of the written finding on the member to be removed or suspended. [L 1972, c 163, pt of §1; gen ch 1993; am L 1995, c 228, §1]
Attorney General Opinions
Member whose term has expired is entitled to hold over as a de facto officer until successor is appointed. Att. Gen. Op. 70-1.
For a commissioner to be reappointed to second term, judicial council must submit the commissioner's name along with another. Att. Gen. Op. 70-1.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-31.3 Filing of false charges.

§84-31.3 Filing of false charges.
(a) Any person who knowingly and intentionally files a false charge with the commission, or any member of the commission who initiates action against any state official, state employee, or any other person covered by this chapter, knowing such charge to be false, shall be guilty of the crime of perjury and subject to the penalty set forth in section 710-1060.
(b) Whoever is convicted in a court of competent jurisdiction of the crime of perjury under this section, in addition to any other punishment prescribed by law thereof, shall be required by court order to reimburse the person against whom the false charge was filed for all of the person's legal expenses and any other expenses incurred in relation to the person's defense against the false complaint.
(c) If such charge is filed within six months prior to an election in which the accused's name appears on the ballot, the person filing the false complaint shall pay to the accused the amount set out above plus an equal amount to the general fund of the State.
(d) This section shall not supersede or preclude any other right or remedy at law available to the person falsely accused. [L 1992, c 322, pt of §1]