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

(1)  Positions in the office of the mayor; providedthat 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 firstassistant of heads of departments;

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

(4)  Positions of members of any board, commission, oragency;

(5)  Positions filled by students; positions filledthrough federally funded programs which provide temporary public serviceemployment such as the federal Comprehensive Employment and Training Act of1973; and employees engaged in special research or demonstration projectsapproved by the mayor, for which projects federal funds are available;

(6)  Positions of district judges, jurors, andwitnesses;

(7)  Positions filled by persons employed by contractwhere the personnel director has certified that the service is special orunique, is essential to the public interest, and that because of thecircumstances surrounding its fulfillment, personnel to perform the servicecannot be recruited through normal civil service procedures; provided that nocontract pursuant to this paragraph shall be for any period exceeding one year;

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

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

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

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

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

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

(14)  Positions of the housing and communitydevelopment office or department of each county; provided that this exemptionshall not preclude each county from establishing these positions as civilservice positions;

(15)  The following positions in the office of theprosecuting attorney:  private secretary to the prosecuting attorney, secretaryto the first deputy prosecuting attorney, and administrative or executiveassistants to the prosecuting attorney; provided that  the positions shall beincluded in the classification systems; and

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

The director shall determine the applicabilityof this section to specific positions and shall determine whether or notpositions exempted by paragraphs (7) and (8) shall be included in theclassification systems.

Nothing in this section shall be deemed to affect thecivil service status of any incumbent private secretary of a department headwho 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, c160, §3; HRS §76-77; am L 1970, c 188, §39; am L 1977, c 61, pt of §1; am L1980, c 111, §3; am L 1987, c 371, §1; am L 1990, c 219, §3 and c 233, §2; am L1991, 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 Konnov. County of Hawaii decision for purposes of privatization.  Att. Gen. Op.97-6.

 

Case Notes

 

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

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

  Where, under this section, landfill worker positions werewithin civil service, and thus governed by merit principles under article XVI,§1 of Hawaii constitution, county violated Hawaii constitution and civilservice statutes when it privatized new landfill operation.  85 H. 61, 937 P.2d397.