§76-30  Tenure; resignations.  (a) Every member of the civil service shall be entitled to hold the member'sposition for the duration of the member's appointment as provided in section76-27.  Resignations shall be in writing in accordance with rules.

(b)  If an employee resigns without submittingthe employee's resignation in writing, if an employee does not report to workfor fifteen days without notifying the appointing authority of the employee'semployment intentions, if the resignation is submitted while an investigationwas pending against the employee, or if the resignation is not accepted forreasons allowed by rules, the appointing authority shall, within fifteen daysfollowing the last day the employee reported to work, file with the director astatement showing either resignation or termination of employment, asappropriate under the circumstances.

(c)  If the employee does not report for workwithout authorization, but, within fifteen days following the last day theemployee reported for work, expresses a desire to continue employment, theemployee shall not be deemed to have resigned.  The appointing authority maytake appropriate disciplinary action, including discharge, in consideration ofthe reasons for the employee's absence.

(d)  Actions taken by the appointing authorityunder this section shall, if grieved, be filed pursuant to the departmentalcomplaint procedure and the merit appeals board for employees excluded fromcoverage under chapter 89, as applicable.

(e)  Whenever there are provisions in acollective bargaining agreement that conflict with this section, the terms ofthe agreement shall prevail.  Actions taken by the appointing authority shall,if grieved, be filed pursuant to the contractual grievance procedure. [L 1955,c 274, pt of §1; RL 1955, §3-21(k); am L Sp 1959 2d, c 1, §11; HRS §76-30; gench 1985; am L 1994, c 56, §21; am L 2000, c 253, §22]