Note

Part heading amended by L 2000, c 253, §4.

§76-1 Purposes; merit principle. It is the purpose of this chapter to require each jurisdiction to establish and maintain a separately administered civil service system based on the merit principle. The merit principle is the selection of persons based on their fitness and ability for public employment and the retention of employees based on their demonstrated appropriate conduct and productive performance. It is also the purpose of this chapter to build a career service in government, free from coercive political influences, to render impartial service to the public at all times, according to the dictates of ethics and morality and in compliance with all laws.

In order to achieve these purposes, it is the declared policy of the State that the human resource program within each jurisdiction be administered in accordance with the following:

(1) Equal opportunity for all in compliance with all laws prohibiting discrimination. No person shall be discriminated against in examination, appointment, reinstatement, reemployment, promotion, transfer, demotion, or removal, with respect to any position when the work may be efficiently performed by the person without hazard or danger to the health and safety of the person or others;

(2) Impartial selection of individuals for public service by means of competitive tests which are fair, objective, and practical;

(3) Incentives for competent employees within the service, whether financial or promotional opportunities and other performance based group and individual awards that encourage continuous improvement to achieve superior performance;

(4) Reasonable job security for competent employees and discharge of unnecessary or inefficient employees with the right to grieve and appeal personnel actions through the:

(A) Contractual grievance procedure for employees covered by chapter 89; or

(B) Internal complaint procedures and the merit appeals board for employees excluded from coverage under chapter 89;

(5) Equal pay for equal work shall apply between classes in the same bargaining unit among jurisdictions for those classes determined to be equal through systematic classification of positions based on objective criteria and adequate job evaluation, unless it has been agreed in accordance with chapter 89 to negotiate the repricing of classes; and

(6) Harmonious and cooperative relations between government and its employees, including employee organizations representing them, to develop and maintain a well-trained, efficient, and productive work force that utilizes advanced technology to ensure effective government operations and delivery of public services. [L 1955, c 274, pt of §1; RL 1955, §3-1; am L 1963, c 14, §1; HRS §76-1; am L 1973, c 177, §1(1); am L 1984, c 101, §1; am L 1992, c 33, §5; am L 1994, c 56, §4; am L 2000, c 253, §5]

Law Journals and Reviews

Employee Rights Under Judicial Scrutiny: Prevalent Policy Discourse and the Hawai‘i Supreme Court. 14 UH L. Rev. 189.

Case Notes

Public employment is not a fundamental constitutional right. 402 F. Supp. 84.

Rights existing by virtue of civil service status may be lost by repeal or amendment of the civil service law. 48 H. 370, 405 P.2d 772.

The general prohibition in §89-9(d) against a public employer and the exclusive representative of a collective bargaining unit agreeing to a "proposal inconsistent with merit principles" is subject to §89-9(d)'s provisions allowing for, inter alia, negotiation of promotion and demotion procedures in a collective bargaining agreement and a grievance process for violation thereof; this section, Revised Charter of Honolulu §§6-302, 6-306, 6-308, and rules of the civil service commission §§13-2 and 13-3 do not conflict with §89-9(d). 106 H. 205, 103 P.3d 365.

Cited: 413 U.S. 601, 93 S. Ct. 2908.

Cited: 134 H. 155 (App.), 338 P.3d 1170 (2014).

Discussed: 133 H. 188, 325 P.3d 600 (2014).