PART I. 
GENERAL CIVIL SERVICE PROVISIONS



 



Note



 



  Part heading amended by L 2000, c 253, §4.



 



§76-1  Purposes; merit principle.  It is
the purpose of this chapter to require each jurisdiction to establish and
maintain a separately administered civil service system based on the merit
principle.  The merit principle is the selection of persons based on their
fitness and ability for public employment and the retention of employees based
on their demonstrated appropriate conduct and productive performance.  It is
also the purpose of this chapter to build a career service in government, free
from coercive political influences, to render impartial service to the public
at all times, according to the dictates of ethics and morality and in
compliance with all laws.



In order to achieve these purposes, it is the
declared policy of the State that the human resource program within each
jurisdiction be administered in accordance with the following:



(1)  Equal opportunity for all in compliance with all
laws prohibiting discrimination.  No person shall be discriminated against in
examination, appointment, reinstatement, reemployment, promotion, transfer,
demotion, or removal, with respect to any position when the work may be
efficiently performed by the person without hazard or danger to the health and
safety of the person or others;



(2)  Impartial selection of individuals for public
service by means of competitive tests which are fair, objective, and practical;



(3)  Incentives for competent employees within the
service, whether financial or promotional opportunities and other performance
based group and individual awards that encourage continuous improvement to
achieve superior performance;



(4)  Reasonable job security for competent employees
and discharge of unnecessary or inefficient employees with the right to grieve
and appeal personnel actions through the:



(A)  Contractual grievance procedure for
employees covered by chapter 89; or



(B)  Internal complaint procedures and the
merit appeals board for employees excluded from coverage under chapter 89;



(5)  Equal pay for equal work shall apply between
classes in the same bargaining unit among jurisdictions for those classes
determined to be equal through systematic classification of positions based on
objective criteria and adequate job evaluation, unless it has been agreed in
accordance with chapter 89 to negotiate the repricing of classes; and



(6)  Harmonious and cooperative relations between
government and its employees, including employee organizations representing
them, to develop and maintain a well-trained, efficient, and productive work
force that utilizes advanced technology to ensure effective government
operations and delivery of public services. [L 1955, c 274, pt of §1; RL 1955,
§3-1; am L 1963, c 14, §1; HRS §76-1; am L 1973, c 177, §1(1); am L 1984, c
101, §1; am L 1992, c 33, §5; am L 1994, c 56, §4; am L 2000, c 253, §5]



 



Law Journals and Reviews



 



  Employee Rights Under
Judicial Scrutiny:  Prevalent Policy Discourse and the Hawai‘i Supreme Court. 
14 UH L. Rev. 189.



 



Case Notes



 



  Public employment is
not a fundamental constitutional right.  402 F. Supp. 84.



  Rights existing by
virtue of civil service status may be lost by repeal or amendment of the civil
service law.  48 H. 370, 405 P.2d 772.



  The general prohibition
in §89-9(d) against a public employer and the exclusive representative of a
collective bargaining unit agreeing to a "proposal inconsistent with merit
principles" is subject to §89-9(d)'s provisions allowing for, inter alia,
negotiation of promotion and demotion procedures in a collective bargaining
agreement and a grievance process for violation thereof; this section, Revised
Charter of Honolulu §§6-302, 6-306, 6-308, and rules of the civil service
commission §§13-2 and 13-3 do not conflict with §89-9(d).  106 H. 205, 103 P.3d
365.



  Cited:  413 U.S. 601,
93 S. Ct. 2908.