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COM 0945.000 1996-1998
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COM 0945.000 1996-1998
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Last modified
5/12/2008 1:35:10 AM
Creation date
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Communications
Communications - Type
COM
Communications - Council Term
1996-1998
Communication
0945
Point
000
Author
James E. Halvorson, Deputy Attorney General, State of Hawaii
Communications - Referred To
COUNCIL
Comments
Presented: Council - 8/5/98
Communications - File Code
POS
Document Relationships
AGE COUNCIL 08/05/1998 1996-1998
(Related)
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\Council Records\Agendas\1996-1998\Council
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<br /> <br /> <br /> <br /> <br /> <br /> Richard D. wurdeman, Ssq. <br /> David Z. Arakawa, Esq. <br /> J. p. Schmidt, Ssq. <br /> August 1998 <br /> Page 10 <br /> exclusive representatives are encouraged to conclude <br /> negotiations at a time to coincide with the period <br /> during which the appropriate legislative bodies may act <br /> on the operating budget of the employers. <br /> From this we noted in the April 12, 1979 informal opinion as <br /> follows: <br /> Because it is not clear whether one legislative body <br /> will reject any cost item until all such bodies have <br /> considered those items, all jurisdictions may be <br /> required to wait a reasonable period of time to allow <br /> the other legislative bodies to consider the applicable <br /> cost items- <br /> In addition, Sections 76-2 and 76-3, MRS, are clear <br /> expressions of legislative intent. Section 76-2, HRS, states in <br /> part.: <br /> It is the intent of the legislature that the <br /> construction and interpretation of any of the <br /> provisions of this chapter and of chapter 77 be uniform <br /> for the State and the several counties. <br /> Section 76-3, HRS, states: <br /> It is the intent of the legislature that the <br /> system of personnel administration established by this <br /> chapter and chapter 77 shall be as uniformly <br /> administered as is practicable. In order to promote <br /> such uniformity, the several commissioners and <br /> directors of the state department of personnel services <br /> and of the county departments of civil service and the <br /> administrative director of this courts shall meet at <br /> least once each year at the call of the director of <br /> personnel services of the State. <br /> Finally, section 89-6(b), MRS, defines the public employer <br /> for the purpose of negotiations as the governor or the governor's <br /> designated representatives together with the mayors of all the <br /> counties or their designated representatives, the governor having <br /> four votes, and each of the mayors having one vote, with <br /> decisions to be made by the employer group on the basis of simple <br /> majority. Thus, neither the governor nor any of the mayors are <br /> authorized to negotiate unilaterally. <br /> <br /> <br /> <br /> <br /> <br /> 08/04/98 17:23 TX/RX N0.8856 P.011 <br />
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