Laserfiche WebLink
0,,,,1 V•OF I~~w'i <br /> <br /> liOl313Y JEAN LEITHEAD-TODD`•`~~~ ~bi~%~,~. Phone: (SOS) 9(i1-5261 <br /> Counrtlrurrrih`'F FAX: (808) 969-3291 <br /> ~'~F[ Of--M~ <br /> COUN'T'Y COUNCIL <br /> Count y of Hawaii <br /> Hawaii County 6uil~~ing <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> ~ RECEIVED <br /> March 19, 1997 Time..__._ ay..-------------.,_ <br /> por,. a~ ~ <br /> --°-----•°----'--I--•--•------- <br /> The Honorable Norman Mizuguchi Count' Council <br /> State Senate <br /> Hawaii State Capital <br /> Room 003 <br /> Honolulu, HI 96813 <br /> Dear Senator Mizuguchi: <br /> I urge the legislature to take immediate action to address the impact of the recent Hawaii <br /> Supreme Court decision in Konno v. Countv of Hawaii. The decision has sent shock waves <br /> through our county administration, council and community. <br /> The County of Hawaii relied upon the legislative authority granted to the county under <br /> HRS Section 46-85 to contract for solid waste disposal. HRS Section 46-85 provides, in part, <br /> that "any other law to the contrary notwithstanding, acounty is authorized from time to <br /> time to contract with users or operators of a project for the abatement, control, reduction, <br /> treatment, elimination, or disposal of solid waste." By definition, a contractor and his <br /> employees are not employees of the contracting body, in this case the County of Hawaii. <br /> However, despite the legislative authority to contract for solid waste disposal, the Court <br /> concluded that the landfill worker positions are still within civil service and that the contract was, <br /> therefore, void thus invalidating the contract entered into by the County of Hawaii under the <br /> authority granted by HRS Section 46-85. <br /> Furthermore, the Court in its decision has extended the protection of the civil service laws <br /> to "those services that have been customarily and historically provided by civil servants." This <br /> test has sent state and county governments scrambling to determine whether existing contracts <br /> are void and whether future proposed contracts are illegal. Arguably, under this test, any <br /> contractor who used employees who fit into civil service classifications in the performance of his <br /> contract would find his contract illegal. Thus, almost every contract entered into for services by <br /> the Counties and the State would need to be scrutinized. <br /> f~711) 1 9 1~.~~ <br /> <br />