HomeMy WebLinkAboutCOM 0226.003 1996-1998 0,,,,1 V•OF I~~w'i
liOl313Y JEAN LEITHEAD-TODD`•`~~~ ~bi~%~,~. Phone: (SOS) 9(i1-5261
Counrtlrurrrih`'F FAX: (808) 969-3291
~'~F[ Of--M~
COUN'T'Y COUNCIL
Count y of Hawaii
Hawaii County 6uil~~ing
25 Aupuni Street
Hilo, Hawaii 96720
~ RECEIVED
March 19, 1997 Time..__._ ay..-------------.,_
por,. a~ ~
--°-----•°----'--I--•--•-------
The Honorable Norman Mizuguchi Count' Council
State Senate
Hawaii State Capital
Room 003
Honolulu, HI 96813
Dear Senator Mizuguchi:
I urge the legislature to take immediate action to address the impact of the recent Hawaii
Supreme Court decision in Konno v. Countv of Hawaii. The decision has sent shock waves
through our county administration, council and community.
The County of Hawaii relied upon the legislative authority granted to the county under
HRS Section 46-85 to contract for solid waste disposal. HRS Section 46-85 provides, in part,
that "any other law to the contrary notwithstanding, acounty is authorized from time to
time to contract with users or operators of a project for the abatement, control, reduction,
treatment, elimination, or disposal of solid waste." By definition, a contractor and his
employees are not employees of the contracting body, in this case the County of Hawaii.
However, despite the legislative authority to contract for solid waste disposal, the Court
concluded that the landfill worker positions are still within civil service and that the contract was,
therefore, void thus invalidating the contract entered into by the County of Hawaii under the
authority granted by HRS Section 46-85.
Furthermore, the Court in its decision has extended the protection of the civil service laws
to "those services that have been customarily and historically provided by civil servants." This
test has sent state and county governments scrambling to determine whether existing contracts
are void and whether future proposed contracts are illegal. Arguably, under this test, any
contractor who used employees who fit into civil service classifications in the performance of his
contract would find his contract illegal. Thus, almost every contract entered into for services by
the Counties and the State would need to be scrutinized.
f~711) 1 9 1~.~~
The Honorable Norman Mizuguchi
March 19, 1997
Page 2
Additionally, services in some counties and the state arc delivered differently. Sonic
services to the elderly arc delivered through a private non-profit on Kauai. The same services arc
delivered with civil servants in I lawaii County. 'fhe State has contracted with numerous private
non-profits to deliver child abuse and neglect services and mental health services. Under tlw test
provided by the Supreme Court, these contracts or purchase of services appear to be illegal as
these appear in many cases to be the type oC services provided by civil servants in The
Departments of I leallh and I luman Services.
Gxamplcs of areas affected by the decision are contracts with both private contractors
and non-profit organizations (the AKC, Adult Retarded Citizens as an example). Types oC
services which have been contracted and which may be illegal under this opinion include,
painting projects, growids maintenance, construction of ballfields, tree trimming, transportation
of the elderly, plumbing repairs, electrical repairs, planning & design, summer fwi staff, film
coordinator, EMS Medical Director, economist, hearings officers, C.LP. coordinator,
psychological testing & screening, zoning & subdivision code reviews, appraisals, traffic
education services, investigative services, maintenance of reservoir and pump stations, graphic
services, respite services, helicopter maintenancc,research services, weed control services,
surveys, marketing, pathological services, repair and maintenance of existing county buildings,
repair and maintenance of county roads, architectural services, engineering services, training
services, counseling services.
The ramifications of this decision arc tar-reaching and impact the govermnent's ability to
determine how best to provide needed services to the public. The legislature must act
immediately to avoid a shutdown of needed services. We cannot completely evaluate the fiscal
implications of this decision, but we do know that if the legislature does not act, many projects
will be jeopardized.
Sincerely,
~ ~
C.e~ ~
~I3~bby Jean Leithead-Todd
Council Member
ce: Member of the Senate