§3-1 Purpose. The purpose of this chapter is to implement a system of recruitment and selection of public officers and employees in accordance with merit-based civil service laws which will attract, select, and retain the best qualified individuals to provide competent, efficient, loyal, and ethical service to the public in accordance with the needs of the service. This chapter shall apply to all employees in all positions in the county service and members of the general public. (Auth: HRS §§, 76-1, 76-22.5; RCC Art XV, Sec. 15.01)

§3-2 Appointment through the merit system. (a) The director shall be responsible for recruiting applicants for open-competitive examinations and for determining the relative fitness and ability of applicants.

(b) The director may establish standards with respect to age, education, training, experience, suitability, physical and mental fitness, tests, and other requirements which applicants must meet to be rated in examinations.

(d) A person selected through the civil service recruitment procedure for a permanent position shall be required to serve an initial probation period.

(e) Membership in the civil service will be acquired by a probationary employee upon successful completion of an initial probation period.

(f) The director may determine the types, duration, and conditions for other types of appointments in the civil service system and may prescribe the methods for removing persons holding these appointments.

(g) No person shall be appointed or employed in the civil service system or perform duties of any position until the person passes the examination prescribed by the director or unless specifically exempted.

(Auth: HRS §§ 76-1, 76-13, 76-17)

§3-3 Discretion of appointing authority in filling vacancies. (a) An appointing authority may fill any vacancy in the civil service by appointment from a civil service eligible list, including positions exempt from classification systems, through the civil service recruitment procedure or any other means as provided for by statute, these rules or guidelines.

(b) At the discretion of the appointing authority, a permanent position may be

filled on a temporary basis for good reason.

(Auth: HRS §§ 76-1, 76-13, 76-17)

SUBCHAPTER 2

RECRUITMENT

§3-4 Citizenship and residence. The citizenship and residency requirements for all elected officers, appointed officers, and employees shall be in accordance with HRS 78-1, as amended. (Auth: HRS §§ 76-1, 76-17)

§3-5 Announcement of recruitment and examination. Whenever there is need for eligibles, the director may conduct a recruitment and examination announcement in the manner deemed reasonable and appropriate. The director may delegate the recruitment for open-competitive examinations to the appointing authority with the need for eligibles. (Auth: HRS §§ 76-17, 76-22.5)

§3-6 Period of recruitment. (a) Recruitment shall be for a period deemed reasonable and appropriate by the director.

(b) The director may extend the period for receipt of applications. Notice

of the extension shall be posted in the office of the department of personnel services.

(Auth: HRS §§ 76-17, 76-22.5)

§3-7 Acceptance of applications. (a) Application for examination and employment shall be made in such form and manner and with such supplemental information including the applicant's social security number as determined by the director.

(b) The director may authorize persons and agencies to distribute and accept applications.

(c) Applications for competitive examinations shall be accepted only during the period specified in the announcement. However, the director may accept late applications for good reason.

(Auth: HRS §§ 76-13, 76-17)

§3-8 Cancellation of recruitment and examination announcements. If there is no need for eligibles after a recruitment and examination announcement has been

published or if other circumstances warrant it, the announcement may be canceled and all applicants shall be notified of the cancellation. (Auth: HRS § 76-17)

§3-9 Recruitment incentives. To enhance the recruitment of persons employed or appointed to critical-to-fill and labor shortage positions, appointing authorities may pay travel and transportation expenses or provide a monetary incentive with prior approval of the director in accordance with policies and procedures. (Auth: HRS §76-23.5)

§3-10 Reserved

§3-11 Reserved

SUBCHAPTER 3

EXAMINATION

§3-12 Scope and character of examinations. (a) The director may consult with qualified persons in regard to the content of tests, rating of applicants or related test matters.

(b) Each examination shall relate to those matters which will test the relative capacity and fitness of applicants for the proper performance of the characteristic duties of the class or position for which the examination is conducted.

(c) Any accepted personnel examining technique may be used, including a verification and evaluation of education, training, and experience; tests of knowledge, skill, ability or aptitude; medical examinations including pre-employment drug tests; appraisals of personal suitability including factors such as employment history and references; inquiry into the moral character of applicants and any other matter relative to capacity and fitness that the director determines appropriate.

(Auth: HRS §§ 76-17, 76-18)

§3-13 Disqualification of applicants. (a) The director may, for good cause, reject any application for any period of time or deny or rescind the certification of eligibility. This includes, but is not limited to, denying an applicant authorization to take an examination or denying or rescinding the certification of eligibility for any of the following reasons:

(1) Failure to meet the minimum qualification requirements or other public employment requirements for admission to the examination by the closing

date for receipt of applications, except as provided otherwise in the examination announcement;

(2) Submission of defective or incomplete application;

(3) Refusal or failure to furnish documents required to verify any statements made in the application;

(4) Deception, fraud or false statements in the application, examination or appointment process;

(5) Physical or mental unfitness to perform the duties of the class or position;

(6) Habitual, or excessive use of drugs, narcotics, or intoxicating beverages which are detrimental to the proper performance of the duties and responsibilities of the class or position;

(7) Illegal use of drugs or narcotics;

(8) Conviction of a penal offense which affects the applicant's suitability to properly perform the duties and responsibilities of the class or position and investigation indicates that the applicant has not been sufficiently rehabilitated to warrant public trust;

(9) Any record of misconduct which is detrimental to the proper performance of the duties and responsibilities of the class or position;

(10) Conviction of any act, attempt, or conspiracy to overthrow the state or the federal government by force or violence.

(b) The director may conduct investigations to determine an applicant's qualifications and suitability for employment in the civil service. If the investigation discloses that the person is ineligible for the position, the director shall take appropriate corrective action, which may include denying authorization to take the examination, removing the person's name from the list of eligibles, rescinding the certification of eligibility, or any combination thereof.

(c) The director shall notify any applicant whose application is rejected, specifying the cause or causes for the rejection.

(d) An applicant may request an administrative review of an application rejection by presenting additional information to substantiate the request within ten (10) days following the date the rejection notice was sent. A request for administrative review shall not delay, prevent or invalidate the certification of names from the eligible list nor the appointment of a person from the list.

(e) Applications submitted to the department of personnel services shall

constitute official examination records of the department. Accompanying documents may be returned to applicants at the discretion of the director.

(f) The director may bar an applicant found unsuitable for civil service employment for a specific period of time.

(Auth: HRS §§ 76-17, 76-18, 76-29, 831-2)

§3-14 Conduct of examinations. (a) Examinations shall be held at the time and

place which in the judgment of the director, are most practical and meet the needs of the service.

(b) If an assembled examination is to be administered, qualified applicants shall be notified of the date, time and place of the examination. The department shall not be responsible if a notice is lost in the mail or sent to an applicant's former address through failure of the applicant to inform the department of a change of address.

(c) No applicant shall be entitled to take an examination at a date, time, or place other than stated in the notification except as the director may authorize.

(d) All applicants for examinations taking a physical ability or performance test may be required to sign a waiver of liability.

(e) All reasonable precautions shall be taken to protect the confidentiality of information about applicants.

(Auth: HRS §§ 76-13, 76-17)

§3-15 Rating of examinations. (a) Appropriate testing techniques and procedures shall be used in rating examinations and determining the relative ranking of applicants. The final earned rating required to pass an examination shall be set by the director. The director may set minimum ratings for each part of an examination and applicants may be required to obtain at least the minimum rating in each part of the examination to be rated on the remaining parts. The final earned rating of each applicant shall be determined by combining the earned ratings of each part of the examination in accordance with the weights established.

(b) For eligible lists based on open-competitive examinations which are held on a continuous basis, eligibles shall be placed in order of their final earned rating, regardless of the opening date of examination.

(c) Based on factors determined by the director, applicants may be notified only as to whether or not they qualified to be on the eligible list.

(d) Eligibles shall be placed on open-competitive lists in order of their final earned ratings plus creditable veteran's preference points. When an applicant qualifies with at least the minimum rating for each part of the examination, an additional credit of either five or ten points preference shall be awarded as follows:

(1) Five points preference shall be awarded to an honorably separated veteran who served on active duty in the armed forces of the United States during a war, in a campaign or expedition for which a campaign badge has been authorized, or during periods specified in 5 U.S.C. 2108.

(2) Ten points preference shall be given to:

(A) An honorably separated veteran who served on active duty in the

armed forces at any time and who:

(i) Has a service-connected disability, or

(ii) Is receiving compensation, disability retirement benefits, or

pension administered by the veteran’s administration or one

of the U.S. armed forces.

A veteran who has been awarded the Purple Heart for

wounds received in action is considered to have a service-

connected disability.

(B) The spouse of an honorably separated veteran who has a service-

connected disability and is unable to work.

or an honorably separated veteran who served during any of the

periods cited in 3-15(d)(l).

(Auth: HRS §§ 76-13, 76-17, 76-103)

§3-16 Notification of results of examination. Applicants who participate in an examination shall be given written notice of their test results. (Auth: HRS §§ 76-13, 76-17)

§3-17 Administrative review of examination rating. (a) An applicant may request an administrative review of a rating assigned in an examination within ten (10) days following the date the notice of examination results was sent. The applicant may be required to submit written information to the director to substantiate the request.

(b) A request for administrative review shall not delay, prevent or invalidate

the certification of names from the eligible list nor the appointment of a person from the list.

(Auth: HRS §§ 76-13, 76-17)

§3-18 Changes in rating. (a) Changes in rating may be made as a result of the discovery of errors in the rating, or as a result of an administrative review.

(b) Rating errors may be corrected throughout the life of the eligible list.

(d) Changes in rating shall not affect a certification already issued or invalidate an appointment already made from the eligible list, except that the appointment

shall be voided when a person is found within the probationary period to have failed the examination.

(Auth: HRS §§ 76-17, 76-18)

§3-19 Custody and protection of examination materials. (a) To protect the confidentiality of examination questions, review of test materials prepared by the department of personnel services, or obtained from other governmental jurisdictions or private firms shall not be permitted.

(b) Technical material and all examination booklets used in the preparation and rating of examinations given jointly by the department of personnel services and any other organization, and examinations prepared specifically for any organization shall remain the property of the department of personnel services and in its custody when not needed for test administration or appeal purposes by the organization.

(c) All examination material relating to a particular applicant or applicants including but not limited to reports of character and material regarding personal suitability of the applicant shall be considered confidential information.

(d) Appointing authorities or their authorized representatives may inspect the examination papers of eligibles whose names have been certified to them for appointment. To preserve the confidential character and sources of information and to protect against dissemination of unfounded or unproved allegations, reports of character, personal suitability and other confidential information shall be secured and held in strict confidence and will not be made available for review by the appointing authorities unless specifically authorized by the director. Appointing authorities and their representatives shall not disclose the examination materials or their contents to any person.

(Auth: HRS §§ 76-17, 76-18)

§3-20 Records and reports of examination. (a) A record of each examination shall be retained until the eligible list expires or until all appeal, grievance and judicial proceedings have been completed or as required by law.

(b) The record shall contain at least the following information:

(1) Examination announcement;

(2) Number of eligible and ineligible applicants; and

(3) Tests administered and the minimum passing scores.

(Auth: HRS §§ 76-17, 76-18)

§3-21 Reserved

SUBCHAPTER 4

CERTIFICATION

§3-22 Duration of eligibility. (a) An eligible on an open or promotional competitive eligible list shall have eligibility for employment consideration for no less than six (6) months from the date the list is established or until the list is canceled or terminated. The eligibility period may be extended at the discretion of the director.

(b) An eligible on a reemployment list shall have eligibility for employment consideration for three (3) years from the date the eligible's resignation took effect, the eligible accepted voluntary demotion, the eligible's position was reallocated or repriced to another class at a lower pay range, the eligible was laid off or demoted because of abolition of position, lack of work or lack of funds, or due to the restoration of an employee from military leave, the eligible was determined to be medically disqualified or terminated because of non-work related injury, or the eligible was retired due to a non-work related injury.

(c) A person on the priority placement list shall be eligible for employment consideration for three (3) years from the date of termination from county employment.

(d) Registration lists for unskilled labor classes shall be in effect for six (6) months unless extended by the director.

(Auth: HRS § 76-17)

§3-23 Certification of eligibles. (a) Upon receipt of a request for a list of eligibles, the director shall certify names from available lists of eligibles for each vacancy in accordance with this section, except for the following:

(1) Unskilled labor registration lists for which the director shall certify all of

the eligibles on such list.

(2) Members of the civil service who resigned in good standing and

subsequently filed written application for reemployment will be certified in

addition to the eligibles certified from an open competitive list.

(b) The order of eligible lists to be used for certification shall be as follows:

(1) Priority placement lists.

(A) Members of the civil service or employees serving an initial probation period who have sustained compensable work-related injuries covered under workers' compensation and who have been found to be medically certified as permanently unable to perform the normal duties of their class are eligible for priority placement upon their written request provided they are not totally and permanently disabled and have been medically cleared for vocational rehabilitation.

(B) The written request for priority placement must be made by the employee within six (6) months of being medically cleared to participate in a vocational rehabilitation program. Employees who fail to request priority placement within six (6) months of being cleared for vocational rehabilitation, or who decline to accept such priority placement shall be considered to have waived their right to priority placement and shall be declared ineligible.

(C) Work-injured employees shall be placed on priority placement list(s) for class(es) of work for which they meet the minimum qualification requirements and are capable of performing the duties and which are at the same or lower salary ranges as the position in which the injury was sustained.

(D) When there is more than one (1) eligible who is available and qualified for a vacancy, all eligibles shall be certified.

(E) Where a priority placement list is available, that list will be referred to the appointing authority and other types of lists shall not be combined with such list.

(F) In the case of non-civil service employees who were employed

temporarily, certification shall be to temporary employment which is

equivalent as far as practicable to the temporary period for which the

eligible was originally appointed, but shall not extend past the

scheduled termination date of their original temporary appointment.

(2) Layoff reemployment list.

(A) Eligibles consist of civil service employees who have been laid off or demoted because of abolition of position, lack of work, or lack of funds, or due to the restoration of an employee from military leave.

(B) An eligible shall be certified for positions in the class the eligible last held permanent status or in a related class in the same or lower pay range for which the eligible meets the qualification requirements.

(C) An eligible shall be certified on the basis of the eligible's availability for the work location and duration of employment.

(3) Non-industrial disability reemployment list.

(A) Eligibles consist of (i) civil service employees who have been determined to be medically disqualified for their present positions due to non-work related injury but are medically qualified as capable of performing other work; or (ii) individuals terminated because of non-work related injury and there was no other available work which they were capable of performing.

(B) The provisions of subsection 3-23 (b)(2)(B) and (C) shall be met

for certification.

(4) Intra-departmental promotional list.

(A) An eligible shall be certified on the basis of the eligible's examination rating and availability for work location and duration of employment.

(B) If there are any employees of a department on an inter-departmental promotional list, these eligibles may be certified to the appointing authority on an intra-departmental certification.

(5) Inter-departmental promotional list. An eligible shall be certified on the

basis of the eligible's examination rating and availability for work location

and duration of employment.

(6) Reemployment list.

(A) In certifying eligibles from the reemployment lists, where the number of eligibles is sufficient to provide the appointing authority with a full certification, certification shall be limited to eligibles within each priority and in the following order: first, employees whose positions have been reallocated to a class at a lower pay range or whose current class has been repriced to a lower pay range; second, employees who have accepted voluntary demotion; third, employees who retired due to non-work related injury; and fourth, former employees who are placed on the list by the civil service commission or arbitration decision upon appeal of a dismissal.

(B) The provisions of subsection 3-23 (b)(2)(B) and (C) shall be met for certification.

(7) Open competitive list. An eligible on an open competitive list shall be

certified on the basis of the eligible's examination rating and availability

for work location and duration of employment.

each vacancy in a department shall consist of a number of eligibles as determined by the director who are available for the same or related class in the order specified in this section. Eligibles shall be certified in the order that they appear on the eligible list before applying veteran's preference; provided that:

(1) Veterans whose examination scores, after addition of the applicable

preference, are equal to or exceed the examination score of the last

eligible certified shall also be certified;

(2) when the last eligible to be certified is one of two or more eligibles who

have identical examination scores, those two or more eligibles shall be

certified; and

(3) A non-resident eligible shall be certified only when resident eligibles are

not available; provided, however, if the position has been declared to be in shortage category, or has been approved for recruitment-at-above the minimum pay rate, or difficult- or critical-to-fill and provided further that the conditions specified in section 78-1(d), HRS, were met, the director may authorize the certification of non-resident eligibles along with resident eligibles for employment consideration.

(Auth: HRS §§ 76-13, 76-17, 78-1)

§3-24 Selective certification. When there is no list of eligibles appropriate as a whole for certification for filling a particular position requiring distinctive or unique qualifications, the director may certify selectively the names of eligibles who are qualified for the particular position. The certification may be in the order of the eligible's current ranking, or of a new ranking as determined by the director, based upon the particular requirements of the position. (Auth: HRS § 76-17)

§3-25 Selection by the appointing authority. (a) Certified eligibles shall be given an opportunity for a selection interview. The appointing authority shall contact, by phone or mail, all eligibles certified to ascertain interest in the vacant position.

(b) All eligibles who are interviewed but not selected shall be notified in writing.

(c) The requirement to interview an eligible may be waived whenever the appointing authority has interviewed and fully assessed the eligible's qualifications for a similar position from another interview conducted during the previous six (6) months.

(d) Appointment from a certificate of eligibles may be made without regard to rank order. The selection process shall be documented.

(Auth: HRS §§ 76-13, 76-17)

§3-26 Suspension and termination of eligibility; restoration of eligibility. (a) The director may suspend an eligible or applicant from employment consideration for good reason, including but not limited to the following:

(1) The eligible or applicant fails to demonstrate interest or availability for

employment;

(2) The eligible or applicant is unable or ineligible to perform the work; or

(3) Further investigation of the eligible's or applicant’s suitability needs to be conducted.

(b) Upon written request, the following eligibles may have their names restored to the eligible list if the list is still active:

(1) A probationary employee who was terminated without delinquency or

misconduct;

(2) An eligible who is currently available for employment; or

(3) An eligible who had been suspended because of correctable physical

reasons and who currently meets physical standards.

(c) The director may terminate the eligibility of an eligible or an applicant for good reason, including but not limited to:

(1) The person is found to be ineligible for appointment;

(2) The person withdraws from consideration; or

(3) The eligible demonstrates lack of interest in employment after restoration to the list.

(Auth: HRS §§ 76-17, 76-29, 831-2)

§3-27 Cancellation of competitive eligible lists. The director may cancel an eligible list for good reason and shall notify all affected applicants and eligibles of the cancellation. (Auth: HRS § 76-17)

§3-28 Reserved

SUBCHAPTER 5

TYPES OF APPOINTMENTS

§3-29 Permanent appointment. (a) A permanent appointment is granted an employee under any one of the following:

(1) After successfully completing a probationary period in the position.

(2) Upon movement to a vacant permanent position and the employee is not required to serve a new probationary period.

(3) When specifically authorized by statute.

(b) When an employee who has been displaced by a layoff is appointed to a

position which is in the same or lower class in the same series and in the same department in which the employee was displaced; provided the appointment is made within twelve (12) months from the effective date of the layoff action.

(Auth: §76-17)

§3-30 Provisional appointment. (a) When there is no appropriate eligible list or there is an insufficient number of eligibles certifiable to fill a vacancy and public interest requires that the vacancy be filled, the director may authorize the filling of the vacancy through a provisional appointment, subject to the following conditions:

(1) Provisional appointment to a permanent vacancy shall continue only for such period as may be necessary to make an appointment through certification and shall not exceed one hundred-eighty (180) days in a twelve-month period, except that an extension of one hundred-eighty (180) days may be authorized by the director when an examination to fill such vacancy was announced and recruitment has failed to produce a sufficient number of available eligibles.

(2) Provisional appointment to a temporary vacancy may continue for the specific period of time needed to complete the temporary work, but not to exceed one (1) year.

(3) The person selected for appointment meets the minimum qualification requirements for the class.

(4) A provisional appointment shall be effective for a maximum period of thirty (30) days after the certification of eligibles to fill the vacancy is made.

(5) The person selected for appointment may be given another provisional appointment in the same class or in another class, provided that both provisional appointments shall not exceed an aggregate of one hundred- eighty (180) days in a twelve-month period, except as provided above. Such person may not be given another provisional appointment to any position in any class until a period of one (1) year has elapsed from the termination of the last provisional appointment.

(b) A civil service employee may, while serving a provisional appointment, be terminated or permitted to return to the former position or another position in the former class in the department where the employee last held a permanent appointment and shall be restored as though the employee had remained in the position continuously.

(Auth: §76-17)

§3-31 Emergency appointment. Emergency appointments may be made to fill positions temporarily to prevent the stoppage of essential public business. Such appointments shall not exceed ten (10) working days, provided the director for good cause may extend such appointments for a total appointment period not to exceed thirty (30) days. (Auth: §76-17)

§3-32 Limited term appointment. A limited term appointment may be made from an eligible list, or through a promotion by internal departmental competitive examination or through a transfer or demotion. If there is an insufficient number of eligibles on the list, the appointing authority may fill the vacancy from outside the list.

(a) Limited term appointments may be made to fill temporary positions or temporary vacancies in permanent positions.

(b) The name of a person who is selected for a limited term appointment shall not be removed from the eligible list because of such appointment.

(c) Non-civil service employees granted a limited term appointment shall not be entitled to rights of a civil service employee while appointed into a temporary position or temporary vacancy in a permanent position.

(d) A civil service employee granted a limited term appointment shall, upon termination of the appointment, be reinstated in the position in which the employee last held permanent appointment.

(e) Limited term appointments may be made with the approval of the appointing authorities concerned and the director for a specific duration to fill a temporary need but not to exceed two (2) years, provided there is no break in service, except that should the need for temporary service continue beyond the two (2) years, the appointment may be extended on a yearly basis or a shorter duration with the approval of the appointing authorities concerned and the director.

(f) These provisions apply to employees who received limited term appointments as replacements for other employees who are also receiving limited term appointments.

(Auth: §76-17)

§3-33 Persons ineligible for appointment or promotion. A person shall be ineligible for any appointment or promotion in the civil service for a specified period of time as determined appropriate by the director for reasons including, but not limited to, the following:

(1) Deception, fraud, or providing false or misleading statements of material facts in the application or examination process;

(2) Unauthorized or improper assistance in an examination; or

(3) A determination of unsuitability for employment.

(Auth. HRS §§76-16, 76-17, 76-29)

§3-34 Reserved

§3-35 Reserved

SUBCHAPTER 6

PROBATION PERIOD

§3-36 Initial probation period. The initial probation period shall be utilized as part of the examination process to determine the employee’s fitness and ability for employment in the position and the civil service.

(a) An employee who is granted a civil service appointment must serve an

initial probation period when the period of employment exceeds the initial probation period for the position.

(b) An employee must meet the performance requirements of the position as measured by a formal performance appraisal in order to successfully complete the initial probation period.

(1) Is promoted to a permanent position, except when the promotion is a limited term or provisional appointment.

(2) Is transferred to a permanent position in another class.

(3) Receives a voluntary demotion to a permanent position which is not in the same series.

(4) Is in a position which is reallocated to a class in a higher pay range

provided that for filled positions, any period of the probation period

preceding the date of the reallocation action shall be subtracted from the

period of the probation period upon certification by the appointing

authority that the employee has been performing satisfactorily and that the

duties of the employee has been performing are essentially similar to that

required of the probation period.

(5) Is required to take an examination upon the reallocation of the employee's

position.

(d) The appointing authority has the discretion to require a new probation period where not required under subsection 3-36(c).

(e) The duration of the probation period is as follows:

(1) Initial and new probationary periods shall be for a period of six (6) month

provided the director or the director’s authorized designee may establish a

longer initial probation period for a class of work when a longer period is

needed to adequately train and evaluate the employee.

(2) Initial and new probation periods may be extended upon written notification

to the employee by the appointing authority prior to the expiration of such

periods for any of the following reasons:

1. Further evaluation of the employee’s ability to successfully perform the

duties of the position is required, provided the extension shall not

exceed six (6) months.

2. The employee’s absence affects the appointing authority’s ability to

evaluate the employee’s performance, provided the extension shall not

exceed the period of absence or combined periods of absences.

3. A final determination of the employee’s suitability for employment has

been made, provided the extension shall not exceed six (6) months.

4. Notices of the extension shall be provided to the director.

(3) At the discretion of the appointing authority, the following may not count toward meeting the initial and new probation periods:

A. leaves of absence with or without pay,

B. suspension from work,

C. periods worked outside of the employee’s regular class on a limited duty

assignment due to a compensable work related injury under workers’

compensation,

D. periods worked outside of the employee’s regular position and/or class

for other legitimate reasons.

When such periods are not counted toward meeting the initial and new

probation periods, the probationary employee shall be given written

notice of the requirement to serve an equivalent period prior to the end

of the originally established probation period. The director shall be

provided a copy of such notice. Failure to inform the employee in

writing of the adjustment shall result in the employee being granted a

permanent position by default.

(4) The period of temporary service in a civil service appointment may be

credited towards fulfilling the initial probation period for the same or related

position in the class of work and department and the employee shall serve

only the remainder of the probation period, if any, provided:

A. The employee was selected from a certified eligible list when appointed to the temporary position;

B. The period of temporary service immediately preceded the new

appointment to the same or related position; and

C. The appointing authority certifies that the employee was performing satisfactorily and the employee’s duties are essentially similar to the

duties to be performed during the initial probation period for the same or

related position.

(Auth: HRS §§ 76-17, 76-27)

SUBCHAPTER 7

MEMBERSHIP IN THE CIVIL SERVICE

§3-37 Membership in the civil service. (a) An employee serving a civil service appointment acquires membership in the civil service upon successful completion of the initial probation period or as provided by statute.

(b) An employee shall remain a member of the civil service for the duration of the member’s appointment provided the employee demonstrates appropriate conduct and continued productive performance as measured by formal performance appraisals.

(c) A member whose appointment has a limitation date is not entitled to layoff rights and will be released at the end of the employee’s appointment or earlier for good reason.

(Auth: HRS §§ 76-17, 76-27)

§3-38 Reserved

§3-39 Reserved

§3-40 Reserved