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THE SENATE |
S.B. NO. |
2116 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Public Employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§78- Confidential complaints against public
employees; attorney
general; annual reports; rules.
(a) Notwithstanding any law to the contrary, the
attorney general shall establish a confidential process for persons who wish to anonymously file a complaint against any public
employee.
(b) A
complaint shall be deemed properly filed if the complainant provides the
attorney general with:
(1) The
complainant's full legal name and contact information;
and
(2) Any
other information deemed necessary by the attorney general.
(c) Except as provided in subsection (f), the attorney general shall review and forward all properly filed complaints to
the department that the attorney general deems
appropriate; provided that the attorney general shall redact any information that is likely to lead to the identification of the
complainant from the
complaint. The attorney general shall
act as an intermediary in any necessary communication between the department
and complainant to protect the complainant's anonymity.
(d) Upon receipt of a complaint
pursuant to subsection (c), the department shall:
(1) Process
the complaint pursuant to the department's standard complaint-processing
procedures; and
(2) Submit
a report to the attorney general describing the disposition of the complaint,
including the findings of any investigation conducted and any disciplinary,
remedial, or other action taken.
(e) Each public employer and
department shall inform its employees and the public of
the confidential complaint process established pursuant to this
section.
(f) If the attorney general determines that any
conduct or situation described in a complaint it receives pursuant to this
section poses an imminent danger or threat to the
health or safety of any individual or
workplace or the public, the attorney general shall immediately notify
the department or other state or county agency, as deemed appropriate by the
attorney general.
(g) The attorney general shall submit a report on
the confidential complaint process established pursuant
to this section to the legislature no later than twenty days prior to
the convening of each regular session.
The report shall include:
(1) The number of complaints the
attorney general received in the preceding year; and
(2) The departments'
disposition of the complaints.
(h) The
attorney general shall adopt rules in accordance with chapter 91 necessary to implement
this section.
(i) For the purposes of this section, "department"
has the same meaning as defined in section 76‑11."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
AG; State
and County; Departments, Boards, Commissions, Agencies; Public Employees; Confidential
Complaint Process; Reports; Rules
Description:
Requires the Attorney General to establish a confidential process for persons to anonymously file complaints against public employees. Requires the Attorney General to review and forward the complaints to the department, board, commission, or agency deemed appropriate by the Attorney General. Requires the departments, boards, commissions, and agencies to process the complaint pursuant to their standard complaint‑processing procedures and report the disposition to the Attorney General. Requires the Attorney General to adopt rules and submit annual reports to the Legislature.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.