HCR181 SD1

HOUSE OF REPRESENTATIVES	H.C.R. NO.	181
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII		S.D. 1

HOUSE CONCURRENT

RESOLUTION

AFFIRMING THAT THE LEGISLATIVE INTENT OF SECTION 302A-1116, HAWAII REVISED STATUTES, IS TO AUTHORIZE THE DEPARTMENT OF EDUCATION TO CREATE SUBSTANTIVELY TEMPORARY POSITIONS ONLY.

WHEREAS, to ensure oversight, fiscal accountability, and transparency in the establishment and continuation of government employment, the Legislature has established robust processes requiring the review and approval of state positions; and

WHEREAS, recognizing, however, that unforeseen circumstances, such as natural disasters or global pandemics, may necessitate the expedient establishment of short-term positions to address critical issues, the Legislature also established simplified pathways for certain state departments to create temporary positions; and

WHEREAS, these pathways afford state departments the flexibility to act in the public interest and achieve their mandates while maintaining legislative oversight of permanent employment; and

WHEREAS, this was the legislative intent for enacting section 302A-1116, Hawaii Revised Statutes, which provides that the Department of Education may only establish necessary temporary positions if its expenditures do not exceed its allocated budget, the term of each position does not exceed one year, and the Department reports the positions to the Department of Budget and Finance; and

WHEREAS, despite the legislative intent and embedded stipulations, the Department of Education in 2026 renewed multiple Superintendent-level positions established pursuant to section 302A-1116, Hawaii Revised Statutes, for a second consecutive one-year term, due to the lack of an explicit statutory prohibition against renewal; and

WHEREAS, this interpretation of the statute is harmful, as the Department of Education could perpetually renew positions in one-year increments, effectively nullifying existing statutory safeguards for legislative scrutiny, and is inconsistent with the purpose of the statute and the overall statutory scheme of laws pertaining to the Department of Education that ensure legislative oversight, fiscal accountability, and transparency; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the Senate concurring, that this body affirms that the legislative intent of section 302A-1116, Hawaii Revised Statutes, is to authorize the Department of Education to create substantively temporary positions only; and

BE IT FURTHER RESOLVED that the Department of Education is urged to act in accordance with the law and legislative intent by not renewing one-year appointments authorized pursuant to section 302A-1116, Hawaii Revised Statutes, for additional terms; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Education, Superintendent of Education, and Attorney General.