§76-27  Probationary service and other
requirements for membership in the civil service.  (a)  All employees
appointed to civil service positions shall constitute the membership of the
civil service, but no employee shall be entitled to membership in civil service
until the employee has:



(1)  Successfully completed the initial probation
period required as part of the examination process to determine the employee's
fitness and ability for the position; and



(2)  Satisfied all requirements for employment prescribed
by this chapter and the qualifications prescribed by section 78-1.



(b)  Upon becoming a member in the civil
service, the employee shall be entitled to hold the member's position for the
duration of the member's appointment, subject to section 76-46.  In addition,
civil service employees with permanent appointments, including an employee who
has return rights to a position in which the employee has a permanent
appointment, shall have layoff rights under section 76-43.  All other civil
service employees whose appointments have a limitation date shall not have
layoff rights and shall be released at the end of their appointments or earlier
if there is lack of work, lack of funds, or other legitimate reasons.



(c)  To retain membership in the civil service,
all employees must continue to demonstrate their fitness and ability for their
current positions by meeting all performance requirements of their positions. 
If an employee fails to meet performance requirements, section 76-41 shall
apply.



(d)  A member who is promoted or transferred to
another position in the civil service may be required to successfully serve a
new probation period as part of the examination process to determine the
employee's fitness and ability for the new position but shall be entitled to
all the rights and privileges of a member of the civil service, except the
right to appeal a release from the new position (as distinguished from
discharge from the service) for inefficiency during the probationary period, in
which case the member shall be returned to the former position or a comparable
position.



(e)  An employee serving an appointment with a
limitation date may subsequently be appointed to the same position or a related
position in the same class within the department when a permanent position is
established or is vacated; provided that the employee was hired initially
through civil service recruitment procedures and the period of service as a
temporary appointee immediately preceded the appointment to the permanent
position.  The period of service performed as a temporary appointee may be
credited toward the probation period if the appointing authority certifies that
the employee has been performing satisfactorily and that the duties the
employee has been performing are essentially similar to those required of the
probationary appointment.  Upon such certification, the period of service
performed as a temporary appointee shall be credited toward fulfilling the
required probation period and the employee shall serve only the remainder of
the probation period, if any. [L 1955, c 274, pt of §1; RL 1955, §3-21(h); am L
1959, c 212, §1; am L Sp 1959 2d, c 1, §11; am L 1965, c 60, §1; HRS §76-27;
gen ch 1985; am L 1992, c 71, §1; am L 2000, c 253, §19; am L 2001, c 123, §11]



 



Attorney General Opinions



 



  Period of service under contractual employment is credited to
and subtracted from the period of probationary service.  Att. Gen. Op. 63-53.



  Section conflicts with 14-32-3, Hawaii Administrative Rules. 
Att. Gen. Op. 90-8.