§46-33  Exemption of certain county positions.  In any county with a population of 500,000 or more, the civil service to which this section refers is comprised of all positions in the public service of such county, now existing or hereafter established, and embraces all personal services performed for such county, except the following:

     (1)  Positions of officers elected by public vote; positions of heads of departments; position of the clerk; position of the manager of the board of water supply and position of the chief of police.

     (2)  Positions in the office of mayor, but such positions, except those of the heads of the offices of information and complaint and budget director, shall be included in the position classification plan.  Employees of the municipal library and of the offices of information and complaint and budget director, other than the heads of such offices, however, shall not be exempted from civil service.

     (3)  Positions of deputies of the corporation counsel, deputies of the prosecuting attorney, and law clerks.

     (4)  Positions of members of any board, commission, or equivalent body.

     (5)  Positions filled by inmates, patients, or students in city institutions or in the schools.

     (6)  Positions of district magistrates, jurors, and witnesses.

     (7)  Personal services obtained by contract where the director of civil service has certified that the service is special or unique, is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform such service cannot be obtained through normal civil service recruitment procedures.  Any such contract may be for any period not exceeding one year.

     (8)  Personal services of a temporary nature needed in the public interest where the need for the same does not exceed ninety days, but before any person may be employed to render such temporary service the director of civil service shall certify that the service is of a temporary nature and that recruitment through normal civil service recruitment procedures is not practicable.  The employment of any person for service of a temporary nature may be extended for good cause for an additional period not to exceed ninety days upon similar certification by the director subject to approval of the civil service commission.

     (9)  Personal services performed on a fee, contract or piecework basis by persons who may lawfully perform their duties concurrently with their private business or profession or other private employment, if any, and whose duties require only a portion of their time, where it is impracticable to ascertain or anticipate the portion of time devoted to the service of the city and such fact is certified to by the director of civil service.

    (10)  Positions of temporary election clerks in the office of the clerk employed during the election periods, but the positions filled by such employees shall be included in the position classification plan.

    (11)  Positions of one first deputy and private secretaries to heads of departments and their first deputies, but private secretarial positions shall be included in the position classification plan.  The first deputy in the department of civil service, however, shall not be exempt from civil service.

The director of civil service shall determine the applicability of this section to specific positions. [L 1970, c 181, §1; am L 1990, c 219, §1]

Attorney General Opinions

  Provisions of civil service laws construed in light of Konno v. County of Hawaii decision for purposes of privatization.  Att. Gen. Op. 97-6.

Case Notes

  Refuse collection worker positions were within the civil service and governed by merit principles under article XVI, §1 of the Hawaii constitution and chapter 76 because:  (1) the positions had been customarily and historically performed by civil servants for at least ten years; and (2) no statutory exemption from civil service under this section, §76-77, or any other statute applied.  137 H. 409, 375 P.3d 188 (2016).