HomeMy WebLinkAboutCOM 0841.001 2002-2004
Ha Kun w 'a Mw iae( R. Ben, SPHR
Direcmr of Pe ".d
Rodney T. Kaido
..~a DT" Dittcmr of Pamme[
County of Hawaii
Department of Civif Service
Aupuni Center a 101 Pauahi Street, Suite No. 2 a Hilo, Ha Vi 967204224 0 (808) 961-8361 a Fax (808) 961-8617
TTY (808) 961-8619 a e-mail mh&s@interpw.net o Jobs infomwtion: Job Hotline (808) 961-8618 a e-mail: jobs@w.fiawUii.hi.us
November 10, 2004
The Honorable James Arokoki, Chairman
And Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki and Members of the County Council:
RE: Resolution No. 264-04
Prior to your proposed Resolution No. 264-04, 1 did not think, as a matter of law,
that county councils exercised discretion to determine which of its positions were
to be civil service and which of its positions were to be exempt from civil service.
I understand that your proposed resolution resulted from an oral opinion
rendered by Deputy Corporation Counsel Bobby Jean Leithead-Todd at your
October 20, 2004 meeting.
As the last definitive ruling on this matter was made by Ms. Leithead-Todd in her
May 4, 2004 written communication to Chairman Arakaki, and that under the
legal analysis provided thereunder I initiated efforts to convert Council civil
service positions to positions exempt from civil service, I have asked Corporation
Counsel for the legal analysis behind Ms. Leithead-Todd's October 20, 2004 oral
opinion. It is evident that another point of law may override the "nature of
services" test contained in the May 4, 2004 communication.
I intend to comply with the ruling of the Corporation Counsel in this matter. An
oral opinion has been rendered that is intended to either preserve the Council's
authority to empower, and if not, then to empower the County Council to
determine the civil service status of positions within the Council's office. Our
department will continue to consider the following positions as civil service
positions pursuant to the resolution: Q
Comm. No. V qj•
Ref. Toy`nsotb
Hawaii County is an Equaf Opportunity Provider and Emp(o)er. Ref. Date NUV 10 2004
The Honorable James Arakaki, Chairman
And Members,
Hawaii County Council
November 10, 2004
Page 2 of 2
Position # Title
1912 Council Services Supervisor, SR-19
2445 Council Services Supervisor, SR-19
1957 Council Services Assistant 11, SR-17
Position # Title
2448 Council Services Assistant 11, SR-17
2570 Council Services Assistant 11, SR-17
2633 Council Services Assistant I, SR-14
3861 Council Services Assistant 11, SR-17
2280 Legislative Information & Reference Technician, SR-14
1 will assume that non-temporary workers in the Elections Office will continue to
be civil service and that positions in the Machine Room will continue to remain
civil service, pursuant to the applicable provisions of Ms. Leithead-Todd's May 4,
2004 communication to Chairman Arakaki.
I will, however, also assume by the specificity of your resolution that the Council
intends that all of its other positions are to be exempt from civil service, including
position number 2,503, Legislative Analyst III, SR-22, and position number J 0011,
Personnel/Senior Account Clerk, which we had proposed to convert to civil
service.
Sincerely,
Michael R. Be , SPHR
, "ctor of Personnel
vym
cc: Corporation Counsel
Hawaii County is an Equai Opportunity Provider and Employer