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COMM. 010
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7/19/2018 10:49:51 AM
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AGE CHC 1979-01-23
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F. 7 <br /> ..�.. - �. rm 1 <br /> 'i ,. . <br /> SUPREME COURT OF IIAWAIL-22 1 <br /> Opinion of the Court f <br /> and compensation matters to remain with the legislature.The_j <br /> it • committee report refers to"personnel" and "personnel mat- <br /> .1 . ters," and these words and phrases should be given their <br /> literal and ordinarily accepted meaning unless the context <br /> indicates otherwise. State v. Anderson, supra. "The term <br /> 'personnel matters' is given no peculiar limited meaning... <br /> • State v. Hernandez, 89 N.M. 698. 699. 566 I'.2d 1174. 1175 <br /> • <br /> . (1976). In this sense the term refers to and embraces both <br /> IIRS chapters 76 and 77 in Their entirety. <br /> That the framers considered such matters to be of state- <br /> •wide concern and used the terms "personnel" and "per- ' <br /> sonnel matters" in their broadest sense is further evidenced `. i <br /> _i, , by the debates of the Committee of. the Whole on Local i a <br /> l Government: f <br /> 1 DELEGATE USHIJIA•IA [Chairman of Standing <br /> Committee]: Well, Section 2 is the charter provision. We <br /> have by our action given certain areas constitutional right • 1 <br /> insofar as charter provisions are concerned. and that is in <br /> the field of executive, legislative, administrative strut-. <br /> lure and organization.l think the conrnrittee report is very a <br /> . clear as to the reasons why- we left out procedure and <br /> personnel. TT"e have had lots of witnesses who testified that <br /> • <br /> insofar as personnel matters arc concerned, we should <br /> r retain it on a statewide level and retain the philosophy of <br /> Act 188 which is presently in force. [Vol. II. Proceedings - <br /> 1 of the Constitutional•Convention of Hawaii of 1968, at <br /> •1 422.] (Emphasis added) , <br /> } <br /> ik <br /> Act 188 to which the committed report and Delegate Ushi- <br /> , jima referred, and given by the framers as an example of <br /> personnel-oriented laws exempted from the operation of Sec- <br /> tion 2, is a statute of state-wide application on both the <br /> • administrative and policy levels. The act defines the func- <br /> 1 • tions of the civil service commission with respect to the <br /> i compensation law. It also provides for the creation of a State i <br /> . i appeal board to hear appeals arising under the compensation •. <br /> law. The cost of its operations is borne by the State. Its <br /> membership is composed of one civil service commission <br /> member from each jurisdiction who is appointed by the gov- <br />
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