§76-14  Merit appeals board; duties, and
jurisdiction.  (a)  The merit appeals board of each jurisdiction shall
decide appeals from any action under this chapter taken by the chief executive,
the director, an appointing authority, or a designee acting on behalf of one of
these individuals, relating to:



(1)  Recruitment and examination;



(2)  Classification and reclassification of a
particular position, including denial or loss of promotional opportunity or
demotion due to reclassification of positions in a reorganization;



(3)  Initial pricing of classes; and



(4)  Other employment actions under this chapter,
including disciplinary actions and adverse actions for failure to meet
performance requirements, taken against civil service employees who are
excluded from collective bargaining coverage under section 89-6.



(b)  Any person suffering legal wrong by an
action under subsection (a)(1) or aggrieved by such action shall be entitled to
appeal to the merit appeals board.  Any employee covered by chapter 76 suffering
legal wrong by an action under subsection (a)(2) or (3) shall be entitled to
appeal to the merit appeals board.  Only employees covered by chapter 76, who
are excluded from collective bargaining, suffering legal wrong by an action
under subsection (a)(4) shall be entitled to appeal to the merit appeals
board.  Appeals under this section shall be filed within time limits and in the
manner provided by rules of the merit appeals board.



(c)  The rules adopted by the merit appeals
board shall provide for the following:



(1)  The merit appeals board shall not act on an
appeal, but shall defer to other authority, if the action complained of
constitutes a prohibited act that is subject to the jurisdiction of another
appellate body or administrative agency or the grievance procedure under a
collective bargaining agreement;



(2)  The merit appeals board shall not proceed on an
appeal or shall hold proceedings in abeyance if there is any controversy
regarding its authority to hear the appeal until the controversy is resolved by
the Hawaii labor relations board;



(3)  The merit appeals board shall prescribe time
limits for filing an appeal that require exhaustion of all internal complaint
procedures, including administrative review and departmental complaint
procedures, before an appeal is filed; and



(4)  The merit appeals board shall use the conditions
listed in section 76-41(b) in reaching a decision on whether actions taken by
the appointing authority based on a failure by the employee to meet the
performance requirements of the employee's position is with or without merit.



(d)  Notwithstanding the provisions of this
section, the merit appeals board shall have the authority to hear and decide
appeals pending before the state civil service commission as of June 30, 2002,
in accordance with the jurisdictional requirements and procedures applicable to
the state civil service commission as of June 30, 2002.



(e)  This section shall be construed liberally
to determine whether the appeal falls within the jurisdiction of the merit
appeals board. [L 1955, c 274, pt of §1; RL 1955, pt of §3-17; am L Sp 1959 2d,
c 1, §11; HRS §76-14; am L 1994, c 56, §21; am L 2000, c 253, §12; am L 2001, c
123, §10; am L 2005, c 34, §1]



 



Cross References



 



  Authority of
commission, generally, see §26-5.



 



Hawaii Legal Reporter Citations



 



  Hear and decide
appeals.  79 HLR 79-0307.