§46-33  Exemption of certain county
positions.  In any county with a population of 500,000 or more, the civil
service to which this section refers is comprised of all positions in the
public service of such county, now existing or hereafter established, and
embraces all personal services performed for such county, except the following:



(1)  Positions of officers elected by public vote;
positions of heads of departments; position of the clerk; position of the
manager of the board of water supply and position of the chief of police.



(2)  Positions in the office of mayor, but such
positions, except those of the heads of the offices of information and
complaint and budget director, shall be included in the position classification
plan.  Employees of the municipal library and of the offices of information and
complaint and budget director, other than the heads of such offices, however,
shall not be exempted from civil service.



(3)  Positions of deputies of the corporation counsel,
deputies of the prosecuting attorney, and law clerks.



(4)  Positions of members of any board, commission, or
equivalent body.



(5)  Positions filled by inmates, patients, or
students in city institutions or in the schools.



(6)  Positions of district magistrates, jurors, and
witnesses.



(7)  Personal services obtained by contract where the
director of civil service has certified that the service is special or unique,
is essential to the public interest and that, because of circumstances
surrounding its fulfillment, personnel to perform such service cannot be
obtained through normal civil service recruitment procedures.  Any such
contract may be for any period not exceeding one year.



(8)  Personal services of a temporary nature needed in
the public interest where the need for the same does not exceed ninety days,
but before any person may be employed to render such temporary service the
director of civil service shall certify that the service is of a temporary
nature and that recruitment through normal civil service recruitment procedures
is not practicable.  The employment of any person for service of a temporary
nature may be extended for good cause for an additional period not to exceed
ninety days upon similar certification by the director subject to approval of
the civil service commission.



(9)  Personal services performed on a fee, contract or
piecework basis by persons who may lawfully perform their duties concurrently
with their private business or profession or other private employment, if any,
and whose duties require only a portion of their time, where it is
impracticable to ascertain or anticipate the portion of time devoted to the
service of the city and such fact is certified to by the director of civil
service.



(10)  Positions of temporary election clerks in the
office of the clerk employed during the election periods, but the positions
filled by such employees shall be included in the position classification plan.



(11)  Positions of one first deputy and private
secretaries to heads of departments and their first deputies, but private
secretarial positions shall be included in the position classification plan. 
The first deputy in the department of civil service, however, shall not be
exempt from civil service.



The director of civil service shall determine the
applicability of this section to specific positions. [L 1970, c 181, §1; am L
1990, c 219, §1]



 



Attorney General Opinions



 



  Provisions of civil service laws construed in light of Konno
v. County of Hawaii decision for purposes of privatization.  Att. Gen. Op.
97-6.