Report Title:
DOE; Work Place Safety
Description:
Authorizes the superintendent of education to establish a special investigative unit to investigate workplace safety incidents.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1887 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SCHOOL SAFETY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The education of the children of this State requires a safe and secure school environment that enables students and teachers to concentrate on academics without being distracted by disruptions and threats of injury. It has become increasingly clear that the creation of a safe school environment depends on the availability of expertise to attend to and address myriad school safety responsibilities. One of those responsibilities is the investigative activity. The public education system is faced with employee thefts and other kinds of improprieties as well as criminal incidents and an increasing number of potentially violent workplace situations.
The legislature believes that the department is responsible for diligently managing limited fiscal, physical, and human resources, and for providing a safe and secure place for learning and working. The legislature further believes that the investigative expertise does not currently exist in the department of education to the extent required. Furthermore, the inability to conduct proper investigations often compromise situations at their onset. The department of education should be responsible for the proper investigation and discipline of employees engaged in criminal and other improper behaviors while on the job and be able to refer these cases to the appropriate law enforcement agencies as well as to subject them to employee discipline as applicable. It is also necessary for the department of education to assist schools and departmental offices in investigating these types of incidents and situations.
The legislature further believes that there is a sizeable number of retired police officers, law enforcement officers, and other related professionals who are highly trained, ready, and willing to be employed as special investigators without affecting their retirement benefits.
To that end, the department of education requires a special investigative unit whose membership may be composed of, in part, retired police officers, law enforcement officers, and other related professionals.
The purposes of this Act are to authorize the superintendent of education to establish a special investigative unit; to identify selected department employees charged with safety, security, labor relations, and workers' compensation investigative responsibilities as special investigators with special or limited investigative powers; to establish temporary special investigator positions; to hire investigators by contract as necessary; and to enable retired police officers, law enforcement officers, and other related professionals to be employed as special investigators without affecting their retirement benefits. Results of investigations, in part, will allow the department of education to administer proper personnel sanctions or allow for arrests by the appropriate law enforcement agency as warranted.
SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§302A- School security. (a) The superintendent of education may establish a special investigative unit and provide the unit with special investigative powers including the authority to:
(1) Obtain information from law enforcement agencies;
(2) Obtain background information of employees suspected of committing crimes on the job;
(3) Receive specialized training specific to law enforcement-type investigations;
(4) Provide investigative and related advice and support to school and site administrators from law enforcement and education perspectives;
(5) Conduct internal departmental investigations;
(6) Deal effectively through investigations with concerns affecting the department and schools, such as sexual harassment, civil rights violations, employee theft, workplace violence, fiscal discrepancies where improprieties are suspected, and violations of other departmental rules and policies;
(7) Investigate allegations of employee drug use;
(8) Investigate other complaints as appropriate or as assigned; and
(9) Conduct investigations concerning incidents or situations that threaten or compromise the safety and integrity of the workplace, employees, and students.
(b) The superintendent of education shall ensure proper training and certification, as necessary, for department of education responsibilities, personnel, and activities.
(c) The department of education may employ as full-time equivalents, retired police officers, law enforcement officers, and other related professionals as special investigators, with prior approval of the superintendent of education and pursuant to collective bargaining agreements. Notwithstanding sections 88-21, 88-42.5, 88-43, 88-45, and 88-46, and any other law to the contrary, retired police officers, law enforcement officers, and other related professionals that are hired as special investigators shall not earn retirement system benefits as a result of this employment. In addition, these retired police officers, law enforcement officers, and related professionals shall continue to receive without penalty retirement benefits to which they are entitled as if they were not employed as special investigators for the department of education."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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