Note

 

  Part II heading, "Civil Service for the State",repealed.  L 2000, c 253, §8.

 

§76-11  Definitions.  As used in thischapter, unless the context clearly requires otherwise:

"Appointing authority" means adepartment head or designee having the power to make appointments or changes inthe status of employees.

"Chief executive" means the governor,the respective mayors, the chief justice of the supreme court, and the chiefexecutive officer of the Hawaii health systems corporation.  It may include thesuperintendent of education and the president of the University of Hawaii withrespect to their employees on any matter that applies to employees in general,including employees who are not covered by this chapter.

"Civil service" includes all positionswithin a jurisdiction that are not exempted by section 46-33, 76-16, or 76-77,or by other law and must be filled through civil service recruitment proceduresbased on merit.

"Civil service employee" means anemployee who has met all requirements for membership in the civil service undersection 76-27.

"Class" means a group of positionsthat reflect sufficiently similar duties and responsibilities such that thesame title and the same pay range may apply to each position allocated to theclass.

"Classification system" means classesof positions arranged in a logical and systematic order.

"Day" means a calendar day unlessotherwise specified.

"Department" means any department,board, commission, or agency of a jurisdiction.

"Director" means the head of thecentral personnel agency for a jurisdiction regardless of title, whether it isthe director of human resources development, director of personnel, director ofpersonnel services, or personnel director.

"Employee" or "publicemployee" means any person holding a position in the service of ajurisdiction, irrespective of status or type of appointment; provided that, ifthe context clearly applies only to an employee who is a member of the civilservice, "employee" means a civil service employee.

"Employer" or "publicemployer" means the governor in the case of the State, the respectivemayors in the case of the counties, the chief justice of the supreme court inthe case of the judiciary, the board of education in the case of the departmentof education, the board of regents in the case of the University of Hawaii, theHawaii health systems corporation board in the case of the Hawaii healthsystems corporation, and any individual who represents one of the employers oracts in their interest in dealing with public employees.  In the case of thejudiciary, the administrative director of the courts shall be the employer inlieu of the chief justice for purposes which the chief justice determines wouldbe prudent or necessary to avoid conflict.

"Exclusive representative" means theemployee organization certified by the board under section 89-8 as thecollective bargaining agent to represent all employees in an appropriatebargaining unit without discrimination and without regard to employeeorganization membership.

"Jurisdiction" means the State, thecity and county of Honolulu, the county of Hawaii, the county of Maui, thecounty of Kauai, the judiciary, the department of education, the University ofHawaii, and the Hawaii health systems corporation.

"Legislative body" means thelegislature in the case of the State, including the judiciary, the departmentof education, the University of Hawaii, and the Hawaii health systemscorporation; the city council in the case of the city and county of Honolulu; andthe respective county councils in the case of the counties of Hawaii, Maui, andKauai.

"Merit appeals board" means ajurisdiction's appellate body for purposes of section 76-14 regardless ofwhether it is named merit appeals board, civil service commission, or appealsboard.

"Position" means a specific jobrequiring the full or part-time employment of one person. [L 1955, c 274, pt of§1; RL 1955, §3-11; am L Sp 1959 2d, c 1, §11; am L 1965, c 54, §1; HRS §76-11;am L 1974, c 159, §10; gen ch 1985; am L 1994, c 56, §21; am L 2000, c 253, §9]