DEPARTMENT OF PERSONNEL SERVICES

§1-1 Purpose of subchapter; statement of policy. The purpose of this subchapter is to set forth the fundamental character of the system of personnel administration governed by these rules, consistent with merit principles.

(Auth: HRS § 76-17, Art. XV; RCC, Sec. 15.01)

§1-2 Applicability of rules. (a) These rules shall apply to the civil service system, including all positions and incumbents of such positions in the County of Kauai. Unless specified otherwise, these rules shall not apply to positions and employees exempt from civil service.

(b) The county civil service system shall include all positions in the county

service, except those specifically exempted there from by or pursuant to statute or by the director in accordance with law. The director is authorized and directed to determine finally whether a position is in the civil service system.

(Auth: HRS §76-17)

§1-3 Duties and powers of the director. (a) General powers and duties. The general powers and duties of the director shall be in accordance with section 76-12 HRS. The director shall be responsible for the development of county-wide policies, procedures, and guidelines with respect to personnel management unless otherwise approved.

(b)The specific duties and powers of the director shall be in accordance with

section 76-13 HRS.

(Auth: HRS §§ 76-12, 76-13, 76-71, Art. XV; RCC, Sec. 15.04)

§1-4 General responsibilities of departments. (a) The head of each department shall be responsible for personnel management within each department and shall provide for the cooperation of the department with the department of personnel services in the administration of personnel matter.

(b) Authority for the administration of departmental personnel matters may be delegated to those officials responsible for planning, directing, and supervising the work

of others to the extent compatible with economical and efficient administration. The exercise of the authority shall be subject to policies, rules, guidelines, procedures and standards established by the head of the department and the department of personnel services.

(c) Each employing department shall be responsible for establishing and maintaining written personnel policies which conform to the applicable laws, rules, policies, guidelines, procedures and standards of the civil service system.

(Auth: HRS § 76-17)

§1-5 Reporting personnel information. Each department shall report personnel information to the director as the director deems necessary as to matters within the director's jurisdiction. The information shall be supplied at the time and in such manner as the director prescribes. (Auth: HRS § 76-17)

§1-6 Authority to investigate. The director may conduct investigations to secure enforcement of chapter 76, HRS, and other pertinent portions of law and the rules, policies, standards, guidelines and procedures governing civil service system employment. (Auth: HRS §§76-12, 76-13)

§1-7 Enforcement authority of director. Whenever the director finds:

(1) That any person has been appointed to, or is holding or performing the duties

of a position in violation of any of the laws, rules, policies, standards, guidelines and

procedures administered by the director, the director is authorized, after giving due notice

and opportunity for explanation, to certify the facts to the department with specific

instructions for corrective action. Whenever the director issues specific instructions for

corrective actions, the appointing authority concerned shall comply with the director's

orders and make a report thereon to the director.

(2) That any officer or employee has violated the laws, rules, policies, standards,

guidelines and procedures administered by the director, the director shall take action in

accordance with law as may be appropriate to secure compliance.

(Auth: HRS §§ 76-12, 76-17)

§1-8 Equal employment opportunity. There shall be equal opportunity for all in compliance with all laws prohibiting discrimination. (Auth: HRS §§ 76-1, 78-2)

§1-9 Delegation of authority. The director may delegate to departments authority to act in personnel matters in accordance with policies, rules, guidelines, procedures and standards issued by the director.

(Auth: HRS § 76-17)

Subchapter 2

DEFINITIONS

§1-10 Definitions. Unless otherwise indicated by the context, words used in these rules are understood to have the following special meanings:

“Administrative review” means a re-evaluation of an eligibility rating or determination, initial pricing or classification action in accordance with the provisions set forth in these rules, policies, procedures and standards established by the director.

“Allocation” means the placement of a position to an appropriate class on the basis of its duties, responsibilities, and minimum qualification requirements.

“Appointing authority” means a department head or designee having the power to make appointments or changes in the status of employees.

“Assembled examination” means an examination for which applicants are required to assemble or be physically present at appointed times and places.

“Basic compensation or basic rate of pay” means the hourly, daily, monthly, or annual rate of pay used to determine an employee's lawful compensation in accordance with appropriate salary schedules and applicable rules. The rate of pay shall not include additional or extra compensation granted such as, but not limited to, differentials for overtime, stand-by duty, temporary hazard pay, compression differentials, temporary differentials and shortage differentials.

“Calendar day or day” means a period which begins at midnight and ends twenty-four hours later at midnight.

"Certificate of eligibles" means the official document through which eligibles are referred for employment consideration.

"Certification" means the process whereby the names of qualified persons on the eligible lists are referred to the appointing authority.

“Chief executive” means the mayor of the County of Kauai.

“Civil service” includes all positions in the county service not exempted by HRS

section 76-77 or any other law and must be filled through civil service recruitment procedures based on merit.

“Civil service appointment” means an appointment from an eligible list which may include provisional or limited term appointments.

“Civil service employee” means an employee who has met all requirements for membership in the civil service under section 76-27, HRS.

"Civil service law" means chapter 76, HRS, as amended Unless the context clearly indicates otherwise, all terms used herein shall have the same meaning as in chapter 76 HRS.

“Civil service positions” are all positions within a jurisdiction that are not exempt from civil service law, and must be filled through civil service recruitment procedures based on merit.

“Civil service recruitment procedure” means the procedure for the competitive process by which an applicant is deemed qualified for a civil service appointment.

“Class specification” means the official document approved by the director, providing a formalized summary of the nature and scope of duties and responsibilities, level of difficulty and authority, and minimum qualification requirements of the class.

“Class or class of work” means a group of positions that reflect sufficiently similar duties and responsibilities such that the same title and pay range may apply to each position allocated to the class.

“Classification or position classification” means the process of grouping positions into classes on the basis of their substantial similarity with respect to kinds and levels of work and minimum qualification requirements required for performance of the work.

“Classification plan or position classification plan” means a plan in which classes

of positions are arranged in a logical and systematic order.

“Classification system” means classes and positions arranged in a logical and systematic order.

“Compensation plan” means the pay plan consisting of the assignment of all classes in the classification system to ranges in the appropriate salary schedules on the basis of their relative differences in levels of work.

“Competitive examination” means an examination from which an eligible list is established.

“Continuous recruitment and examination announcement” means an announcement of competitive examination without a closing date for which applications are received and examinations conducted on a continual basis.

“County” means the County of Kauai.

“County Clerk” means the county clerk for the County of Kauai.

“County service” means all offices and other positions in the service of the county.

“Day” means calendar day unless otherwise specified.

“Demotion” means a movement of a civil service employee from the position in which the employee last held permanent appointment to another position:

(1) Which is assigned to a class with a lower pay range in the same salary schedule; or

(2) Which is assigned to a class with a lower maximum rate of

compensation in another salary schedule and the dollar difference between the two maximum rates is more than the dollar difference between the minimum and second step of the former pay range; provided that, a rate of five per cent more than the minimum rate of the range shall be deemed to be equivalent to the second step in the EM schedule; provided further, that a rate of ninety-five per cent of the maximum rate of a range in a salary schedule with single rate pay ranges shall be deemed equivalent to the minimum or first step of the pay range.

“Demotion to avoid layoff” means a demotion requested by a civil service employee to avoid being laid-off from the county service.

“Department” includes any department, board, commission or agency of the county.

“Detail” means the assignment for a temporary period by an appointing authority of duties to an employee other than the duties described in the employee's official position description for training and career development purposes or for a temporary intergovernmental assignment, without additional compensation.

“Director” means the director of personnel services of the county.

“Disability demotion” means a demotion resulting from an employee's inability to perform the duties of the employee's position due to injury, illness or disease which was not a result of willful misconduct on the employee's part.

“Disciplinary demotion” means a demotion action taken by an appointing authority due to misconduct by the employee.

“Dismissal” means an action taken by the appointing authority discharging an employee for just cause.

“Earned rating” means the rating attained as a result of a competitor's qualification or performance or both in an examination, without credit for the points added through veteran's preference.

“Eligible” means a person whose name is on an eligible list.

"Eligible list" means a list of persons who have qualified for appointment to positions in a particular class through the civil service recruitment procedures.

“Emergency” means an unforeseen circumstance requiring the immediate services of an employee or employees.

"Emergency appointment" means an appointment which does not exceed ten (10) working days and is made to fill a position in a serious emergency when it is not practicable to ascertain whether there is an eligible list from which to make a selection.

“Employee” means any person holding a position in the service of the county, irrespective of status or type of appointment; provided that, if the context clearly applies only to an employee who is in the civil service, “employee” means a civil service employee.

“Employer” means the mayor of the county.

"Examination" means any test or accepted personnel assessment technique used to measure the fitness and ability of applicants for employment which may include, but are not limited to: written tests, oral tests, interviews, tests of physical fitness or ability, medical examinations, performance tests, training and experience evaluations, background and suitability determinations, probation period, biodata assessments, personality measures and assessment centers.

“Exemptions from civil service” means those positions, persons in those positions, and personal services exempted from the civil service by HRS section 76-77 or any other law.

“Exclusive representative” means the employee organization certified by the Hawaii labor relations board under section 89-8, HRS, as the collective bargaining agent to represent all employees in an appropriate bargaining unit without discrimination and without regard to employee organization membership.

"Hazard pay" means a pay differential awarded to employees for exposure to unusually hazardous working conditions of a temporary nature which have not been recognized as a factor in the pricing of their classes.

“Initial pricing” means the process of assigning new classes to appropriate pay ranges.”

“Initial probation period” means the probation period required of a person entering the county civil service that is the final test of the person’s fitness and ability for the position before acquiring membership in the civil service.

“Internal departmental competitive examination” means a competitive examination conducted by an appointing authority which results in the promotion of a member of civil service of the department without a civil service eligible list.

“Internal examination” means an examination which is administered without a competitive recruitment and examination announcement, generally to evaluate the qualifications of a member of the civil service for an in-service change.

“Inter-departmental promotional examination announcement” means a recruiting notice announcing the receipt of applications for participation in an examination for positions in a particular class, admission to which is limited to employees who are members of the civil service.

“Inter-governmental movement” means the movement of employees between established positions between jurisdictions.

“Intra-departmental promotional examination announcement” means a recruiting notice announcing the receipt of applications for participation in an examination for positions in a particular class, admission to which is limited to employees of a particular county department or agency who are members of the civil service.

"Involuntary demotion" means a demotion action taken by an appointing authority due to the employee's inability to perform the duties and responsibilities of the employee's position (other than for a disability), or due to the employee's failure to meet qualification requirements for the position.

“Jurisdiction” means the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation.

“Layoff” means the severing of an employee's services due to the abolishment of a position because of the lack of work or funds, or other reasons outside the employee's control.

“Leave of absence without pay or leave without pay” means a temporary non-pay status and absence from duty granted upon the employee's request or pending an investigation.

“Legislative body” means the legislature in the case of the State, including the Judiciary, department of education, the University of Hawaii, and the Hawaii health systems corporation; the city council in the case of the city and county of Honolulu; and the respective county councils in the case of the counties of Hawaii, Maui and Kauai.

"Limited-term appointment" means an appointment, which is made from an eligible list or through a transfer, voluntary demotion or internal departmental competitive examination for a specified temporary period.

"Limited-term promotion" means a promotion to a temporary position or to a temporary vacancy in a permanent position for a specified period of time.

“Membership in the civil service” means the status and rights enjoyed by an employee who successfully completes an initial probation period and demonstrates continued fitness and ability by meeting all performance requirements of the employee’s position.

“Merit appeals board” means the county’s appellate body for purposes of section 76-14, HRS, regardless of whether it is named merit appeals board, civil service commission or appeals board.

“Merit principle” means the selection of persons based on their fitness and ability for public employment and the retention of employees based on their demonstrated appropriate conduct and productive performance.

“Merit system” means the personnel system based on merit principles within the meaning of section 76-1, HRS.

“Minimum qualification requirements” means the minimum training, experience, skills, knowledges, abilities, licensing, and other special requirements essential for performance in a class of work or a position.

“New probation period” means a probation period required of a member of the civil service.

“Open competitive examination” means a competitive examination conducted by the department of personnel services which is open to all qualified employees of the civil service and qualified applicants from the general public and from which an eligible list is established

“Open-competitive examination announcement” means a recruiting notice announcing the receipt of applications from the general public for participation in an examination for positions in a particular class.

“Open-competitive list” means a list of persons who have been found qualified by an open-competitive examination for appointment in a particular class.

“Party” means each person named or admitted as a party in any agency proceedings.

“Pay range” means the group of salary rates from minimum to maximum in an authorized salary schedule for a pay grade. In a salary schedule with single rate pay ranges, the single rate is considered the maximum rate of the range.

“Permanent appointment” means an appointment without a limitation date to a permanent position that allows the employee to become a member of the civil service.

“Permanent position” means a position without time limitation and which is included in a department's permanent position count.

“Position” means a specific job requiring the full- or part-time employment of one person.

“Position description” means an official written description, approved by the appointing authority, of the duties and responsibilities assigned to and required of a specific position.

“Pricing” means the process of assigning classes to appropriate salary ranges and wage board ranges.

“Probationary appointment” means an appointment, which is made to fill a permanent position.

“Probation period” means a specified period which serves as the final test of an employee's qualifications for the position in which employed.

“Promotion” means a movement of a civil service employee from the position in which the employee last held permanent appointment to another position:

(1) Which is assigned to a class with a higher pay range in the same salary

schedule; or

(2) Which is assigned to a class with a higher maximum rate of

compensation in another salary schedule and the dollar difference

between the two maximum rates is more than the dollar difference

between the minimum and second steps of the former pay range;

provided that, a rate of five per cent more than the minimum rate of the

range shall be deemed to be equivalent to the second step in the EM schedule; provided further, that a rate of ninety-five per cent of the

maximum rate of a range in a salary schedule with single rate

pay ranges shall be deemed equivalent to the minimum or first step of the

pay range.

“Promotional examination” means a competitive examination conducted by the department of personnel services which is limited to qualified permanent employees in the civil service and from which an eligible list is established. This examination may be interdepartmental or intradepartmental.

“Promotional list” means a list of permanent civil service employees who have been found qualified by a promotional examination for appointment in a particular class.

“Provisional appointment” means an appointment which is made pending establishment of an appropriate eligible list, but only when required to prevent stoppage of essential public business.

“Rating” means the score or measure of performance of an applicant in an examination.

“Reallocation” means the movement of a position from one class to another class based on a change in the duties, level of difficulty, authority, responsibilities, qualification requirements and other factors.

“Reallocation downward” means the reallocation of a position to a class assigned to a lower pay range in the same salary schedule.

“Reallocation upward” means the reallocation of a position to a class assigned to a higher pay range in the same salary schedule.

“Recruitment” means the process of locating applicants for employment.

“Re-employment list” means a list of eligibles comprised of former or current civil service employees or both who meet requirements or conditions prescribed in these rules.

“Related class” means a class which requires substantially similar skills,

knowledges, and abilities as another class.

“Related series” means a series of classes which requires substantially similar skills, knowledges, and abilities as another series.

“Repricing” means changing an existing class from its present pay range to another pay range in the same salary schedule based on appropriate factors.

“Resignation” means an action by an employee severing the employee's employment relationship.

"Salary or pay schedule" means a table of pay rates and ranges.

"Selective certification" means the process by which certification is limited to those persons possessing distinctive or unique skills, knowledges, abilities and other characteristics deemed critical to the successful performance of the work of a specific position.

"Series of classes" means two or more classes of positions within an occupational group which are similar to the extent that they represent the same work specialty, require the same essential knowledges and abilities for the performance of work in the specialty, but which differ in relative levels of difficulty and responsibility.

"Temporary assignment" means the assignment by a competent authority and the assumption, without a formal change in position, of all or a major portion of the significant duties and responsibilities of another position.

"Temporary reallocation" means the reallocation of a position because of emergency, or unusual, or unique work situations for a period not to exceed six months, but which may be extended for good cause for additional six-month periods with the prior approval of the director.

"Termination of services" means complete severance of an employee from the service of the county, not including resignation or dismissal.

"Transfer" means a movement of a civil service employee from the position in which the employee last held a permanent appointment to another position which is:

(1) In the same class;

(2) In a different class assigned to the same pay range in the same salary

schedule;

(3) In a different salary schedule and in a class assigned to a pay range whose

highest pay step is the same as the highest pay step of the pay range of the

class from which the employee is transferring; or

(4) In a different salary schedule and in a class assigned to a pay range whose

highest pay step is less than or exceeds the highest pay step of the class from

which the employee is transferring by no more than the dollar difference

between the first and second steps of the pay range of the class from which

the employee is transferring; provided that a rate of five per cent more than

the minimum rate of the range shall be deemed to be equivalent to the second step in the EM schedule; provided further, that a rate of ninety-five per cent of the maximum rate of a range in a salary schedule with single rate pay ranges shall be deemed equivalent to the minimum or first step of the pay range.

“Unassembled examination” means an examination in which applicants are not assembled or required to be physically present for a test.

"Unskilled labor classes" means classes of positions for which the major emphasis in terms of minimum qualification requirements is that of good physical health and strength, willingness to perform manual tasks and ability to follow written instructions.

"Voluntary demotion" means a demotion requested by an employee and approved by the director and by the appointing authorities concerned.

(Auth: HRS §§76-1, 76-12, 76-13, 76-15, 76-16, 76-17, 76-18, 76-19, 76-27, 76-29, 76-30, 76-41, 76-42, 76-43, 76-45, 76-46, 76-47, 76-71, 76-75, 76-77, 76-101, 76-103, 78-1, 396-6, 831.2; Chapter 43, Title 38, U.S.C.)