COM 1067.001 2006-2008 - Laserfiche WebLink

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Chair Brenda Ford March 11, 2008 Page 2 of 3 As I apply this law, the staff appointed by the legislative auditor would, in fact, be civil service employees and thus classified and compensated pursuant to our classification and compensation plans. HRS §76-77 provides in relevant part: §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 Unless a specific exception applies, all positions are civil service and, therefore, subject to the civil service law. This analysis is expounded in the State Supreme Court decision in Konno v. County of Hawaii. In 2004, conflicting opinions had arisen on whether staff positions in the County Clerk's and County Council's office were exempt or civil service. On February 18, 2005, 1 wrote to then County Clerk Constance R. Kiriu on which positions I would consider as being civil service positions and which positions I would consider being exempt from civil service, giving her my analysis as to how I arrived at my conclusions. I have enclosed a copy of that communication for your information. The proposed language found in subsection (a) establishes the legislative auditor's office as an independent office. The afore-cited provision makes it clear too that the legislative auditor will appoint necessary staff. Together, the proposed change negates my conclusions in my February 18, 2005 letter; and further, as there is no specific exemption to be found under §76-77, HRS, or any other statute that would allow me to consider these positions as exempt from civil service, all of the positions in the legislative auditor's office would now become civil service. Further, the exemption of the legislative auditor would now come in to question because the County Council no longer prescribes the duties and responsibilities of the legislative auditor. Heretofore, I considered the legislative auditor exempt from civil service under §46-32, HRS, wherein it provides in relevant part: §46-32 Employees of the council. Any other provision to the contrary notwithstanding, the council of any county may appoint and employ personnel as it deems necessary and prescribe their powers, duties and compensation All such personnel shall be exempt from the civil service and the position classification plan. (undersconng provided.