§76-77  Civil service and exemptions. 
The civil service to which this part applies comprises all positions in the
public service of each county, now existing or hereafter established, and
embraces all personal services performed for each county, except the following:



(1)  Positions in the office of the mayor; provided
that the positions shall be included in the classification systems;



(2)  Positions of officers elected by public vote,
positions of heads of departments, and positions of one first deputy or first
assistant of heads of departments;



(3)  Positions of deputy county attorneys, deputy
corporation counsel, deputy prosecuting attorneys, and law clerks;



(4)  Positions of members of any board, commission, or
agency;



(5)  Positions filled by students; positions filled
through federally funded programs which provide temporary public service
employment such as the federal Comprehensive Employment and Training Act of
1973; and employees engaged in special research or demonstration projects
approved by the mayor, for which projects federal funds are available;



(6)  Positions of district judges, jurors, and
witnesses;



(7)  Positions filled by persons employed by contract
where the personnel director has certified that the service is special or
unique, is essential to the public interest, and that because of the
circumstances surrounding its fulfillment, personnel to perform the service
cannot be recruited through normal civil service procedures; provided that no
contract pursuant to this paragraph shall be for any period exceeding one year;



(8)  Positions of a temporary nature needed in the
public interest where the need does not exceed ninety days; provided that
before any person may be employed to render temporary service pursuant to this
paragraph, the director shall certify that the service is of a temporary nature
and that recruitment through normal civil service recruitment procedures is not
practicable; and provided further that the employment of any person pursuant to
this paragraph may be extended for good cause for an additional period not to
exceed ninety days upon similar certification by the director;



(9)  Positions of temporary election clerks in the
office of the county clerk employed during election periods;



(10)  Positions specifically exempted from this part by
any other state statutes;



(11)  Positions of one private secretary for each
department head; provided that the positions shall be included in the
classification systems;



(12)  Positions filled by persons employed on a fee,
contract, or piecework basis who may lawfully perform their duties concurrently
with their private business or profession or other private employment, if any,
and whose duties require only a portion of their time, where it is
impracticable to ascertain or anticipate the portion of time devoted to the
service of the county and that fact is certified by the director;



(13)  Positions filled by persons with a severe
disability who are certified by the state vocational rehabilitation office as
able to safely perform the duties of the positions;



(14)  Positions of the housing and community
development office or department of each county; provided that this exemption
shall not preclude each county from establishing these positions as civil
service positions;



(15)  The following positions in the office of the
prosecuting attorney:  private secretary to the prosecuting attorney, secretary
to the first deputy prosecuting attorney, and administrative or executive
assistants to the prosecuting attorney; provided that  the positions shall be
included in the classification systems; and



(16)  Positions or contracts for personal services with
private persons or entities for services lasting no more than one year and at a
cost of no more than $750,000; provided that the exemption under this paragraph
shall apply to contracts for building, custodial, and grounds maintenance
services with qualified community rehabilitation programs, as defined in
section 103D-1001, lasting for no more than a year and at a cost of no more
than $850,000.



The director shall determine the applicability
of this section to specific positions and shall determine whether or not
positions exempted by paragraphs (7) and (8) shall be included in the
classification systems.



Nothing in this section shall be deemed to affect the
civil service status of any incumbent private secretary of a department head
who held that position on May 7, 1977. [L 1955, c 274, pt of §1; RL 1955,
§3-61; am L 1957, c 42, §1, c 156, §1(3), and c 207, §1(g), (h); am L 1967, c
160, §3; HRS §76-77; am L 1970, c 188, §39; am L 1977, c 61, pt of §1; am L
1980, c 111, §3; am L 1987, c 371, §1; am L 1990, c 219, §3 and c 233, §2; am L
1991, c 192, §1; am L 1992, c 33, §2; am L 2000, c 253, §35; am L 2007, c 191,
§1; am L 2008, c 213, §1]



 



Note



 



  Annual reports to legislature on paragraph (16) expenditures.
L 2008, c 213, §2.



 



Attorney General Opinions



 



  Provisions of civil service laws construed in light of Konno
v. County of Hawaii decision for purposes of privatization.  Att. Gen. Op.
97-6.



 



Case Notes



 



  Civil service, as defined by this section, encompasses those
services that have been customarily and historically provided by civil
servants.  85 H. 61, 937 P.2d 397.



  Landfill worker positions were within civil service where
position not specifically exempted by another statute as provided by paragraph
(10) and §46-85 mentions nothing about civil service nor does it include a
specific exemption.  85 H. 61, 937 P.2d 397.



  Where, under this section, landfill worker positions were
within civil service, and thus governed by merit principles under article XVI,
§1 of Hawaii constitution, county violated Hawaii constitution and civil
service statutes when it privatized new landfill operation.  85 H. 61, 937 P.2d
397.