reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88E. Deferred Compensation Plan › 88E-1 Definitions.

§88E-1 Definitions.
As used in this chapter, unless the context clearly indicates otherwise:
"County" means the counties of Hawaii, Kauai and Maui, and the city and county of Honolulu.
"Employee" means a person who is eligible to participate in the employees' retirement system of the State of Hawaii as defined in section 88-21.
"State" means the State of Hawaii. [L Sp 1981 1st, c 7, pt of §1]
Revision Note
Numeric designations deleted and definitions rearranged.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88E. Deferred Compensation Plan › 88E-2 State deferred compensation plan.

§88E-2 State deferred compensation plan.
The State may establish a deferred compensation plan in accordance with section 457 of the Internal Revenue Code of 1954, as amended, for the benefit of employees to defer a portion of their compensation to a future period of time. Participation in the plan shall be by written agreement between the employee and the State. The county may enter into a formal agreement with the State to extend the plan to employees of the county; provided that the agreement designates one of the county's agencies to locally coordinate the plan. Participation in the plan by a county employee shall be by written agreement between the employee and the county. An employee may authorize deductions to be made from the employee's wages for the purpose of participation in the plan. [L Sp 1981 1st, c 7, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88E. Deferred Compensation Plan › 88E-3 Board of trustees.

§88E-3 Board of trustees.
(a) The authority to establish the plan and implement this chapter is vested in the board of trustees. The board shall be placed within the department of human resources development for administrative purposes.
(b) The board shall adopt such rules to carry out this chapter in accordance with chapter 91; provided that rules necessary for the plan to be in compliance with federal laws or regulations may be adopted without regard to chapter 91. The board may engage services, as necessary, to establish, administer, or maintain the plan under its direction. An administrator may be engaged only after a solicitation of proposals from interested persons in accordance with specifications deemed appropriate by the board. [L Sp 1981 1st, c 7, pt of §1; am L 1994, c 56, §21; am L 2000, c 253, §126]
Attorney General Opinions
Hawaii Public Procurement Code did not apply to board of trustees' current administrator and investment-product-provider contracts because they were entered into before Code's July 1, 1994 effective date. The Code would apply to contracts entered into after that date if "public funds" are used to fund them. Att. Gen. Op. 94-4.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88E. Deferred Compensation Plan › 88E-4 Composition of the board of trustees.

§88E-4 Composition of the board of trustees.
The board of trustees shall consist of seven members as follows:
(1) The director of human resources development of the State or a designated representative, ex officio;
(2) The director of finance of the State
or a designated representative, ex officio; and
(3) Five other persons, who shall be public employees and represent employee interests. [L Sp 1981 1st, c 7, pt of §1; am L 1988, c 287, §2; am L 1994, c 56, §21; am L 2010, c 65, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88E. Deferred Compensation Plan › 88E-5 Appointment and terms.

§88E-5 Appointment and terms.
Except for the directors of human resources development and finance, the members of the board shall be nominated and, by and with the advice and consent of the senate, appointed by the governor and shall serve terms of four years each; provided that of the trustees first appointed upon establishment of the board one shall be appointed for one year, one shall be appointed for two years, one shall be appointed for three years, and two shall be appointed for four years.
A vacancy on the board shall be filled by appointment of the governor. The person appointed to fill a vacancy shall serve for the remainder of the unexpired term. If by the end of a term a trustee is not reappointed or a successor is not appointed, the trustee shall serve until the trustee's successor is appointed.
Membership on the board shall not be deemed incompatible with the holding of any other public employment. [L Sp 1981 1st, c 7, pt of §1; gen ch 1985; am L 1994, c 56, §21]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88E. Deferred Compensation Plan › 88E-6 Compensation and expenses.

§88E-6 Compensation and expenses.
Each trustee shall serve without compensation but shall be reimbursed from the fund for any necessary expense incurred in the performance of the trustee's duties. [L Sp 1981 1st, c 7, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88E. Deferred Compensation Plan › 88E-8 Deferred funds.

§88E-8 Deferred funds.
Sums deferred under the plan, as well as property and rights purchased with such amounts and income attributable to such amounts, shall be held in trust outside the state treasury in accordance with section 457 of the Internal Revenue Code of 1986, as amended, for the exclusive benefit of participants and their beneficiaries. [L Sp 1981 1st, c 7, pt of §1; am L 1997, c 171, §1; am L 2000, c 253, §127]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88E. Deferred Compensation Plan › 88E-9 Investments.

§88E-9 Investments.
(a) The board may create a trust or other special funds for the segregation of funds or assets resulting from compensation deferred and for the administration of the plan.
(b) Participating employees shall invest their deferred compensation in the investment products permitted under the plan; provided that the investment products shall be provided by companies that are licensed to provide investment products and transact business in the State.
(c) The investment products may include annuities, life insurance, savings accounts, mutual funds, or other types of investment products that are commonly offered in the securities industry or other deferred compensation plans and are determined by the board to be reasonably prudent investment products.
(d) The investment products shall have been reviewed and selected by the board after a competitive bidding process based on the specifications and considerations deemed appropriate by the board.
(e) The investments and investment products shall not be construed to be a prohibited use of general assets of the State.
(f) Nothing in this chapter shall be construed to permit any type of investment prohibited by law. [L Sp 1981 1st, c 7, pt of §1; am L 2008, c 92, §2]
Attorney General Opinions
Hawaii Public Procurement Code did not apply to board of trustees' current administrator and investment-product-provider contracts because they were entered into before Code's July 1, 1994 effective date. The Code would apply to contracts entered into after that date if "public funds" are used to fund them. Att. Gen. Op. 94-4.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88E. Deferred Compensation Plan › 88E-12 Deferred amounts as compensation.

§88E-12
Deferred amounts as compensation.
Any compensation deferred pursuant to a plan established under this chapter shall be deemed regular compensation for the purpose of computing contributions or benefits under existing retirement, pension, or social security systems applicable to participating employees; provided that, at the participating employee's option, all or part of the deferred compensation may be included or excluded in the computation of federal income taxes withheld on behalf of the participating employee, allowing for both a traditional contribution and a Roth contribution under section 457(b) of the Internal Revenue Code, as amended. [L Sp 1981 1st, c 7, pt of §1; am L 2019, c 86, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88E. Deferred Compensation Plan › 88E-13 Costs of the plan.

§88E-13 Costs of the plan.
Costs for implementing and administering the plan shall be borne by the plan and its participants, except for incidental expenses, such as, the cost of payroll deductions and the routine processing of forms. [L Sp 1981 1st, c 7, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88E. Deferred Compensation Plan › 88E-14 County deferred compensation plans.

§88E-14 County deferred compensation plans.
The counties may establish deferred compensation plans for their respective employees. A plan so established need not be subject to the other provisions of this chapter, but shall be in compliance with applicable federal laws and regulations. [L Sp 1981 1st, c 7, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88E. Deferred Compensation Plan › 88E-15 Existing deferred compensation plans.

§88E-15 Existing deferred compensation plans.
This chapter shall not affect any existing deferred compensation plan established under section 457 of the Internal Revenue Code, as amended. [L Sp 1981 1st, c 7, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88F. Deferred Compensation Retirement Plan for Part-Time, Temporary, and Seasonal or Casual Employees › 88F-1 Definitions.

§88F-1 Definitions.
As used in this chapter, unless the context clearly indicates otherwise:
"County" means the counties of Honolulu, Hawaii, Kauai, and Maui.
"Employee" means a part-time, temporary, seasonal or casual employee, as defined by rules of the board of trustees, who is not eligible to participate in the employees' retirement system of the State under chapter 88.
"State" means the State of Hawaii. [L 1996, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88F. Deferred Compensation Retirement Plan for Part-Time, Temporary, and Seasonal or Casual Employees › 88F-2 State deferred compensation retirement plan for state and county part-time, temporary, and seasonal or casual employees.

§88F-2 State deferred compensation retirement plan for state and county part-time, temporary, and seasonal or casual employees.
The State may establish a deferred compensation retirement plan in accordance with sections 457 and 3121 of the Internal Revenue Code of 1986, as amended, for the benefit of employees to defer a portion of their compensation to a future period of time. Participation in the plan shall be mandatory, with a mandatory payroll deduction by the employee equal to seven and five-tenths per cent of the employee's gross monthly wages, which shall be contributed to the plan. A county may enter into a formal agreement with the State to extend the State's plan and its provisions to part-time, temporary, and seasonal or casual employees of the county; provided that:
(1) The agreement designates one of the county's agencies to locally coordinate the plan; and
(2) The department of human resources development may levy fees on the county pursuant to rules adopted in accordance with chapter 91. [L 1996, c 212, pt of §2; am L 2004, c 178, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88F. Deferred Compensation Retirement Plan for Part-Time, Temporary, and Seasonal or Casual Employees › 88F-3 Board of trustees.

§88F-3 Board of trustees.
(a) The authority to establish the plan and implement this chapter is vested in the board of trustees which currently administers the state deferred compensation plan under chapter 88E.
(b) The board shall adopt, in accordance with chapter 91, rules necessary to implement this chapter; provided that rules necessary for the plan to be in compliance with federal laws or regulations may be adopted without regard to chapter 91. The board may engage services, as necessary, to establish, administer, or maintain the plan under its direction. An administrator may be engaged only after a solicitation of proposals from interested persons in accordance with specifications deemed appropriate by the board. [L 1996, c 212, pt of §2; am L 2000, c 253, §128]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88F. Deferred Compensation Retirement Plan for Part-Time, Temporary, and Seasonal or Casual Employees › 88F-4 Compensation and expenses.

§88F-4 Compensation and expenses.
Each trustee shall serve without compensation but shall be reimbursed by the plan for any necessary expense incurred in the performance of the trustee's duties pertaining to the plan. [L 1996, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88F. Deferred Compensation Retirement Plan for Part-Time, Temporary, and Seasonal or Casual Employees › 88F-6 Deferred funds.

§88F-6 Deferred funds.
Sums deferred under the plan, as well as property and rights purchased with the amounts and income attributable to the amounts, shall be held in trust outside the state treasury in accordance with section 457 of the Internal Revenue Code of 1986, as amended, for the exclusive benefit of participants and their beneficiaries. [L 1996, c 212, pt of §2; am L 1997, c 171, §2; am L 2000, c 253, §129]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88F. Deferred Compensation Retirement Plan for Part-Time, Temporary, and Seasonal or Casual Employees › 88F-7 Investments.

§88F-7 Investments.
(a) The board may create a trust or other special funds for the segregation of funds or assets resulting from compensation deferred and for the administration of the plan.
(b) Participating employees shall invest their deferred compensation in the investment products permitted under the plan; provided that the investment products shall be provided by companies that are licensed to provide investment products and transact business in the State.
(c) The investment products may include annuities, life insurance, savings accounts, mutual funds, or other types of investment products that are commonly offered in the securities industry or other deferred compensation plans and are determined by the board to be reasonably prudent investment products.
(d) The investment products shall have been reviewed and selected by the board after a competitive bidding process based on the specifications and considerations deemed appropriate by the board.
(e) The investment products shall guarantee a full return of principal.
(f) The investments and investment products shall not be construed to be a prohibited use of general assets of the State.
(g) Nothing in this chapter shall be construed to permit any type of investment prohibited by law. [L 1996, c 212, pt of §2; am L 2008, c 92, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88F. Deferred Compensation Retirement Plan for Part-Time, Temporary, and Seasonal or Casual Employees › 88F-9 Limitation on liability.

§88F-9 Limitation on liability.
The State or county shall not be liable for the sums deferred or the results of any investment product. [L 1996, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88F. Deferred Compensation Retirement Plan for Part-Time, Temporary, and Seasonal or Casual Employees › 88F-10 Deferred amounts as compensation.

§88F-10 Deferred amounts as compensation.
Any compensation deferred pursuant to a plan established under this chapter shall be deemed regular compensation, but shall not be included in the computation of federal income taxes withheld on behalf of any participating employee. [L 1996, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88F. Deferred Compensation Retirement Plan for Part-Time, Temporary, and Seasonal or Casual Employees › 88F-11 Costs of the plan.

§88F-11 Costs of the plan.
Costs for implementing and administering the plan shall be borne by the plan and its participants, except for incidental expenses, such as the cost of payroll deductions and the routine processing of forms. [L 1996, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88F. Deferred Compensation Retirement Plan for Part-Time, Temporary, and Seasonal or Casual Employees › 88F-12 County deferred compensation retirement plan for part-time, temporary, and seasonal or casual employees.

§88F-12 County deferred compensation retirement plan for part-time, temporary, and seasonal or casual employees.
A county may enter into a formal agreement with the State to extend the State's deferred compensation retirement plan and its provisions to part-time, temporary, and seasonal or casual employees of the county or establish a deferred compensation retirement plan independently in accordance with sections 457 and 3121 of the Internal Revenue Code of 1986, as amended, for their respective part-time, temporary, and seasonal or casual employees. A plan so established under this section need not be subject to the other provisions of this chapter, but shall be in compliance with applicable federal laws and regulations. A plan established by a county under this section shall be the sole responsibility of and administered by that county. The board shall not be responsible or liable for any county plan established under this section. [L 1996, c 212, pt of §2; am L 2004, c 178, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88F. Deferred Compensation Retirement Plan for Part-Time, Temporary, and Seasonal or Casual Employees › 88F-13 Existing retirement and deferred compensation plans.

§88F-13 Existing retirement and deferred compensation plans.
This chapter shall not affect any existing retirement or deferred compensation plans established under section 457 of the Internal Revenue Code of 1986, as amended, or chapter 88E. [L 1996, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-1 Statement of findings and policy.

§89-1 Statement of findings and policy.
(a) The legislature finds that joint decision-making is the modern way of administering government. Where public employees have been granted the right to share in the decision-making process affecting wages and working conditions, they have become more responsive and better able to exchange ideas and information on operations with their administrators. Accordingly, government is made more effective. The legislature further finds that the enactment of positive legislation establishing guidelines for public employment relations is the best way to harness and direct the energies of public employees eager to have a voice in determining their conditions of work; to provide a rational method for dealing with disputes and work stoppages; and to maintain a favorable political and social environment.
(b) The legislature declares that it is the public policy of the State to promote harmonious and cooperative relations between government and its employees and to protect the public by assuring effective and orderly operations of government. These policies are best effectuated by:
(1) Recognizing the right of public employees to organize for the purpose of collective bargaining;
(2) Requiring public employers to negotiate with and enter into written agreements with exclusive representatives on matters of wages, hours, and other conditions of employment, while, at the same time, maintaining the merit principle pursuant to section 76-1; and
(3) Creating a labor relations board to administer the provisions of chapters 89 and 377. [L 1970, c 171, pt of §2; am L 1985, c 251, §2; am L 2000, c 253, §92]
Case Notes
The broad policy statements within this section do not impose binding duties or obligations upon any parties but, rather, provide a useful guide for determining legislative intent and purpose; these statements, therefore, do not implicate the prohibited practice provision of refusing or failing to comply with any provision of chapter 89, as set forth in §89-13(a)(7); thus, employee's claim that employer violated this section properly dismissed. 97 H. 528, 40 P.3d 930.
Order by Hawaii public employment relations board not in concert with policy and goals of collective bargaining, and constituted abuse of discretion. 5 H. App. 533, 704 P.2d 917.
Cited: 134 H. 489, 345 P.3d 155 (2015).
Discussed: 133 H. 188, 325 P.3d 600 (2014).
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-3.5 Religious exemption from support of employee organization.

§89-3.5 Religious exemption from support of employee organization.
Notwithstanding any other provision of law to the contrary, any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations shall not be required to join or financially support any employee organization as a condition of employment; except that an employee may be required in a contract between an employee's employer and employee organization in lieu of periodic dues and initiation fees, to pay sums equal to the dues and initiation fees to a nonreligious, nonlabor organization charitable fund exempt from taxation under section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three funds, designated in the contract or if the contract fails to designate any funds, then to any fund chosen by the employee. If an employee who holds conscientious objections pursuant to this section requests the employee organization to use the grievance-arbitration procedure on the employee's behalf, the employee organization is authorized to charge the employee for the reasonable cost of using the procedure. [L 1982, c 102, §1; am L 1983, c 124, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-5.1 Hearing notice.

§89-5.1 Hearing notice.
Notwithstanding section 91-9.5, in any hearing conducted by the board, all parties shall be given written notice of the hearing by first class mail or by electronic service through a company designated by the board at least fifteen days before the scheduled date of the hearing. [L 2013, c 98, §1; am L 2014, c 8, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-10.5 Collective bargaining and local school initiatives. Notwithstanding any other law to the contrary, any collective bargaining agreement concerning public school employees may include terms that would allow an employee to work a longer period each day and a longer school year. Consideration of a longer school day or longer school year shall be related to state and local school initiatives and may be included in proposals submitted in connection with the incentive and innovation grant review process. [L 1993, c 364, pt of §11, §31; am L 1994, c 272, §34(2)]

§89-10.5
Collective bargaining and local school initiatives.
Notwithstanding any other law to the contrary, any collective bargaining agreement concerning public school employees may include terms that would allow an employee to work a longer period each day and a longer school year. Consideration of a longer school day or longer school year shall be related to state and local school initiatives and may be included in proposals submitted in connection with the incentive and innovation grant review process. [L 1993, c 364, pt of §11, §31; am L 1994, c 272, §34(2)]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-10.55 Charter school collective bargaining; bargaining unit; employer; exclusive representative.

§89-10.55 Charter school collective bargaining; bargaining unit; employer; exclusive representative.
(a) Employees of charter schools shall be assigned to an appropriate bargaining unit as specified in section 89-6; provided that if a charter school employee's job description contains the duties and responsibilities of an employee that could be assigned to more than one bargaining unit, the duties and responsibilities that are performed by the employee for the majority of the time, based on the employee's average workweek, shall be the basis of bargaining unit assignment for the employee.
(b) For the purpose of negotiating a collective bargaining agreement for charter school employees who are assigned to an appropriate bargaining unit, the employer shall be determined as provided in section 89-6(d).
(c) For the purpose of negotiating a memorandum of agreement or a supplemental agreement that only applies to employees of a charter school, the employer shall mean the governing board, subject to the conditions and requirements contained in the applicable sections of this chapter governing any memorandum of agreement or supplemental agreement.
(d) Negotiations over matters covered by this section shall be conducted between the employer and exclusive representative pursuant to this chapter. Cost items that are appropriated for and approved by the legislature and contained in a collective bargaining agreement, memorandum of agreement, or supplemental agreement covering, wholly or partially, employees in charter schools shall be allocated by the department of budget and finance to a charter school authorizer for distribution to the charter schools it authorizes. However, if the charter school authorizer deems it appropriate, the cost items may be funded from a charter school's existing allocation or other sources of revenue received by a charter school. [L 2006, c 298, §5; am L 2012, c 130, §6]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-10.6 Schools; waiver of policies, rules, or procedures.

§89-10.6 Schools; waiver of policies, rules, or procedures.
Any school may initiate a waiver from policies, rules, or procedures, including collective bargaining agreements, as provided for in section 302A-1126. [L 1993, c 364, pt of §11; am L 1994, c 272, §23; am L 1996, c 89, §6; am L 2004, c 51, §21]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-10.8 Resolution of disputes; grievances.

§89-10.8 Resolution of disputes; grievances.
(a) A public employer shall enter into written agreement with the exclusive representative setting forth a grievance procedure culminating in a final and binding decision, to be invoked in the event of any dispute concerning the interpretation or application of a written agreement. The grievance procedure shall be valid and enforceable and shall be consistent with the following:
(1) A dispute over the terms of an initial or renewed agreement shall not constitute a grievance;
(2) No employee in a position exempted from chapter 76, who serves at the pleasure of the appointing authority, shall be allowed to grieve a suspension or discharge unless the collective bargaining agreement specifically provides otherwise; and
(3) With respect to any adverse action resulting from an employee's failure to meet performance requirements of the employee's position, the grievance procedure shall provide that the final and binding decision shall be made by a performance judge as provided in this section.
(b) The performance judge shall be a neutral third party selected from a list of persons whom the parties have mutually agreed are eligible to serve as a performance judge for the duration of the collective bargaining agreement. The parties, by mutual agreement, may modify the performance judge list at any time and shall determine a process for selection from the list.
(c) The performance judge shall use the conditions in section 76-41(b) as tests in reaching a decision on whether the employer's action, based on a failure by the employee to meet the performance requirements of the employee's position, was with or without merit.
(d) If it is alleged that the adverse action was not due to a failure to meet performance requirements but for disciplinary reasons without just and proper cause, the performance judge shall first proceed with a determination on the merits of the employer's action under subsection (c). If the performance judge determines that the adverse action may be based on reasons other than a failure to meet performance requirements, the performance judge shall then determine, based on appropriate standards of review, whether the disciplinary action was with or without proper cause and render a final and binding decision. [L 2000, c 253, §91]
Case Notes
Where the parties explicitly agreed to leave all questions of arbitrability to the arbitrator, the intermediate court of appeals erred in stating that, pursuant to the parties' agreements and this section, the circuit court may only order arbitration after finding that a grievance exists. 132 H. 426, 322 P.3d 966 (2014).
Discussed: 134 H. 489, 345 P.3d 155 (2015).
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-15 Financial reports to employees.

§89-15 Financial reports to employees.
Every employee organization shall keep an adequate record of its financial transactions. It shall make available to all employees who pay the employee organization dues or its equivalent an annual financial report in the form of a balance sheet and an operating statement, certified as to accuracy by a certified public accountant, within one hundred twenty days after the end of its fiscal year. In the event of failure to comply with this section, an employee may petition the board for an order compelling compliance. The order shall be enforceable in the same manner as other orders of the board under this chapter. [L 1970, c 171, pt of §2; am L 1985, c 251, §7; am L 2000, c 253, §102]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-16 Public records and proceedings.

§89-16 Public records and proceedings.
The complaints, orders, and testimony relating to a proceeding instituted by the board under section 377-9 shall be public records and be available for inspection or copying. All proceedings pursuant to section 377-9 shall be open to the public. [L 1970, c 171, pt of §2; am L 1985, c 251, §8]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-16.5 Access to personal records by an employee organization.

§89-16.5 Access to personal records by an employee organization.
Exclusive representatives shall be allowed access to an employee's personal records which are relevant to the investigation or processing of a grievance. The exclusive representative shall not share or disclose the specific information contained in the personal records and shall notify the employee that access has been obtained. [L 1988, c 262, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-17 List of employee organizations and exclusive representatives.

§89-17 List of employee organizations and exclusive representatives.
The board shall maintain a list of employee organizations. To be recognized as such and to be included in the list, an organization shall file with the board a statement of its name, the name and address of its secretary or other officer to whom notices may be sent, the date of its organization, and its affiliations, if any, with other organizations. No other qualifications for inclusion shall be required, but every employee organization shall notify the board promptly of any change of name or of the name and address of its secretary or other officer to whom notices may be sent, or of its affiliations.
The board shall indicate on the list which employee organizations are exclusive representatives of appropriate bargaining units, the effective dates of their certification, and the effective date and expiration date of any agreement reached between the public employer and the exclusive representative. Copies of the list shall be made available to interested parties upon request. [L 1970, c 171, pt of §2; am L 1985, c 251, §9]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-18 Penalty.

§89-18 Penalty.
Any person who wilfully assaults, resists, prevents, impedes, or interferes with any member of the board or any of its agents or employees in the performance of duties pursuant to this chapter, shall be fined not more than $500 or imprisoned not more than one year, or both. The term "agent" includes a neutral third party who assists in a resolution of an impasse under section 89-11. [L 1970, c 171, pt of §2; am L 1985, c 251, §10; am L 2000, c 253, §103]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-19 Chapter takes precedence, when.

§89-19 Chapter takes precedence, when.
This chapter shall take precedence over all conflicting statutes concerning this subject matter and shall preempt all contrary local ordinances, executive orders, legislation, or rules adopted by the State, a county, or any department or agency thereof, including the departments of human resources development or of personnel services or the civil service commission. [L 1970, c 171, pt of §2; am L 1994, c 56, §15]
Cross References
Merit appeals board, see §26-5.
Attorney General Opinions
Ombudsman has no jurisdiction over employee complaints covered by collective bargaining agreements. Att. Gen. Op. 73-6.
Case Notes
Mentioned with respect to applicability of chapter 380. 54 H. 531, 511 P.2d 1080.
Chapter 92F not a "conflicting statute on the same subject matter" as chapter 89, within the meaning of this section, and thus is not preempted by chapter 89 or any collective bargaining agreement negotiated under it. 83 H. 378, 927 P.2d 386.
Although an application of §84-13 was necessary to decide the union's complaint under §89-13, it could not be said that the question arose under chapter 84; where union filed the complaint with the board under this section, the board had "exclusive original jurisdiction" to determine prohibited practice complaints and the ethics commission would not have had jurisdiction to make that determination; thus, the board had the power to apply §84-13 in order to decide whether a prohibited practice violation actually occurred and it did not exceed its jurisdiction in ruling that a violation did not occur based on the application of §84-13. 116 H. 73, 170 P.3d 324.
Employee must fully exhaust the remedies covered in collective bargaining agreement before employee can bring action in circuit court. 2 H. App. 50, 625 P.2d 1046.
To the extent that there may be a conflict between the jurisdictional provisions of this chapter and chapter 658A, this chapter takes precedence over chapter 658A. 132 H. 492 (App.), 323 P.3d 136 (2014).
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-20 Chapter inoperative, when.

§89-20 Chapter inoperative, when.
(a) 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.
(b) The federal Pro-Children Act, as it relates to smoking at public school indoor facilities, shall preempt this chapter to the extent the federal act imposes mandatory restrictions on smoking in the workplace. [L 1970, c 171, pt of §2; am L 2004, c 87, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89. Collective Bargaining in Public Employment › 89-23 Classroom cleaning; exception.

§89-23 Classroom cleaning; exception.
No collective bargaining agreement or executive policy put forth after July 1, 1993, shall contain provisions that may preclude the implementation of the classroom cleaning project established in section 302A-1507, unless a contract waiver process exists between the parties.
[L 1993, c 364, §21; am L 1996, c 89, §7]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89A. Office of Collective Bargaining and Managed Competition › 89A-2 Functions of the office of collective bargaining and managed competition.

§89A-2 Functions of the office of collective bargaining and managed competition.
In addition to the powers and functions provided in other sections of this chapter, and subject to the approval of the governor, the office of collective bargaining and managed competition shall:
(1) Assist the governor in formulating plans, including objectives, criteria to measure management's accomplishment of objectives, and programs through which the objectives are to be attained;
(2) Assist the governor in formulating management's philosophy for public collective bargaining as well as planning bargaining strategies;
(3) Conduct negotiations with the exclusive representatives of each employee organization and designate employer spokespersons for each negotiation;
(4) Coordinate the State's resources in all mediation, fact-finding and interest arbitration cases as well as in all labor disputes;
(5) Conduct systematic reviews of collective bargaining agreements for the purpose of contract negotiations;
(6) Coordinate the systematic compilation of data by all agencies that is required for negotiating purposes;
(7) Coordinate the establishment of cost data negotiated with each exclusive representative and assist the governor in making recommendations with respect thereto to the legislative bodies;
(8) Prepare and submit an annual report and such other reports as may be requested to the governor and to the legislature on the implementation of the collective bargaining act. [L 1975, c 165, §3; gen ch 1993; am L 2002, c 106, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89C. Public Officers and Employees Excluded from Collective Bargaining › 89C-1 Purpose.

§89C-1 Purpose.
The legislature finds that the appropriate authorities do not have sufficient flexibility to adjust the wages, hours, benefits, and other terms and conditions of employment for their respective excluded public officers and employees. The organizational status and employment conditions of these individuals in the excluded group are diverse and include: cabinet members, board and commission members, managerial employees, and non-managerial employees; appointees, civil service employees, and employees exempt from civil service; permanent and temporary employees; and full-time, part-time, seasonal, casual, and intermittent employees. Sufficient flexibility must be provided so that timely and relevant adjustments can be made. To this end, the legislature grants appropriate authorities the necessary flexibility to make adjustments as provided in this chapter; provided that nothing in this chapter shall be construed to interfere with or diminish authority already provided to them. [L 1978, c 197, pt of §2; am L 1982, c 159, pt of §1(1); am L 1984, c 254, §5; am L 2000, c 253, §106]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89C. Public Officers and Employees Excluded from Collective Bargaining › 89C-1.5 Definitions.

§89C-1.5 Definitions.
As used in this chapter:
"Adjustment" means a change in wages, hours, benefits, or other term and condition of employment.
"Appropriate authority" means the governor, the respective mayors, the chief justice of the supreme court, the board of education, the board of regents, the state public charter school commission, the Hawaii health systems corporation board, the auditor, the ombudsman, and the director of the legislative reference bureau. These individuals or boards may make adjustments for their respective excluded employees.
"Excluded employee" or "employee" means any individual who is employed by an appropriate authority and is not included in an appropriate bargaining unit under section 89-6 and, therefore, is not entitled to collective bargaining coverage under chapter 89. [L 2000, c 253, §105; am L 2014, c 99, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89C. Public Officers and Employees Excluded from Collective Bargaining › 89C-2 Adjustments authorized; limitations, restrictions.

§89C-2 Adjustments authorized; limitations, restrictions.
Each appropriate authority may make adjustments for their respective excluded employees subject to the following guidelines and limitations:
(1) The compensation of excluded employees, whose pay is presently limited or fixed by legislative action, or prescribed by a salary commission, shall not be adjusted under this chapter and shall continue to be limited or fixed by the respective legislative body or salary commission;
(2) The compensation of excluded employees exempt from civil service coverage, whose pay is set at the discretion of the appointing authority, shall continue to be adjusted at the discretion of the appointing authority from funds allowed for this purpose;
(3) Any adjustment made for excluded civil service employees shall be consistent with the merit principle and shall not diminish any rights provided under chapter 76;
(4) For excluded employees under the same classification systems as employees within collective bargaining units, adjustments shall be not less than those provided under collective bargaining agreements for employees hired on a comparable basis;
(5) For excluded employees other than those under paragraph (4), adjustments shall, to the extent practicable, uniformly apply to every excluded employee within a homogeneous grouping, such as, cabinet members or managerial employees, to ensure fairness. This does not preclude variable adjustments based on performance or other job criteria and specific adjustments warranted based on the nature of work performed or working conditions; and
(6) No adjustment shall be made in benefits provided under chapter 88 unless specifically authorized by that chapter, or with respect to any other matter that the legislature may specifically prohibit or limit by law. [L 1978, c 197, pt of §2; am L 1982, c 152, §2 and c 159, pt of §1(1); am L 1984, c 254, §6; am L 1987, c 30, §1; am L 2000, c 253, §107; am L 2002, c 131, §1]
Attorney General Opinions
Expresses legislative intent to control public employee benefits, such as insurance benefits. Att. Gen. Op. 85-1.
Under this section and section 89C-3, pay may be adjusted only for excluded police officers in managerial, white-collar compensation plan. Att. Gen. Op. 85-5.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89C. Public Officers and Employees Excluded from Collective Bargaining › 89C-3 Adjustments for excluded civil service employees.

§89C-3 Adjustments for excluded civil service employees.
(a) Each jurisdiction shall provide adjustments for its respective excluded civil service employees based on recommendations from its respective personnel director.
(b) In formulating recommendations to the appropriate authority, the respective director shall:
(1) Establish procedures that allow excluded civil service employees and employee organizations representing them to provide input on adjustments that are relevant and important to them for the director's approval;
(2) Ensure that adjustments for excluded civil service employees result in compensation and benefit packages that are at least equal to the compensation and benefit packages provided under collective bargaining agreements for counterparts and subordinates within the employer's jurisdiction; and
(3) Ensure that proposed adjustments are consistent with chapter 76 and equivalent or not less than adjustments provided within the employer's jurisdiction. [L 1978, c 197, pt of §2; am L 1994, c 56, §16; am L 2000, c 253, §108; am L Sp 2005, c 2, §1]
Attorney General Opinions
Under this section and section 89C-2, pay may be adjusted only for excluded police officers in managerial, white-collar compensation plan; uniformity requirement applies to uniformity of pay adjustments within same class. Att. Gen. Op. 85-5.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89C. Public Officers and Employees Excluded from Collective Bargaining › 89C-4 Adjustments for excluded employees exempt from civil service.

§89C-4 Adjustments for excluded employees exempt from civil service.
Each appropriate authority shall determine the adjustments that are relevant for their respective excluded employees who are exempt from civil service in consideration of the compensation and benefit packages provided for other employees in comparable agencies. For executive/managerial positions in the University of Hawaii system filled by excluded employees, proposed compensation or change in compensation shall be disclosed in open meeting for purposes of public comment. [L 1978, c 197, pt of §2; am L 1982, c 159, §1(2); gen ch 1985; am L 1994, c 56, §17; am L 2000, c 253, §109; am L Sp 2008, c 6, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89C. Public Officers and Employees Excluded from Collective Bargaining › 89C-5 Implementation; approval and appropriations.

§89C-5 Implementation; approval and appropriations.
(a) Adjustments that do not require appropriations by the respective legislative bodies may be implemented without legislative action.
(b) All other adjustments requiring appropriations shall be submitted to the respective legislative body for appropriations, at such time and in such manner as the legislative body may require. The legislative body shall appropriate funds of the amount requested or funds of a different amount after discussing the reasons with the appropriate authority.
(c) No adjustment shall be made and no funds shall be used for purposes of this chapter unless the legislative body has appropriated the funds necessary to implement the adjustment. [L 1978, c 197, pt of §2; am L 1982, c 159, §1(3); am L 2000, c 253, §110]
Attorney General Opinions
Suggests that pay adjustments for excluded workers not inappropriate where they correspond to pay increases obtained by collective bargaining unit employees. Att. Gen. Op. 85-5.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89C. Public Officers and Employees Excluded from Collective Bargaining › 89C-6 Chapter takes precedence, when.

§89C-6 Chapter takes precedence, when.
Adjustments made in accordance with this chapter shall take precedence over all contrary local ordinances, executive orders, legislation, or rules adopted by the State or a county, or any department, agency, board, or commission thereof, including the personnel departments or the merit appeals boards. [L 1978, c 197, pt of §2; am L 1994, c 56, §18; am L 2000, c 253, §111]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 89C. Public Officers and Employees Excluded from Collective Bargaining › 89C-7 Severability.

§89C-7 Severability.
If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [L 1978, c 197, pt of §2]