LIHU‘E — A state Senate bill if approved would give the three Neighbor Island mayors the power to hire and fire the head of their respective counties’ departments of personnel services. Currently, under the Kaua‘i County Charter, the seven members
LIHU‘E — A state Senate bill if approved would give the three Neighbor Island mayors the power to hire and fire the head of their respective counties’ departments of personnel services.
Currently, under the Kaua‘i County Charter, the seven members of the Civil Service Commission collectively have the power to hire and fire the director of the county Department of Personnel Services, currently Malcolm Fernandez.
Gary Heu, administrative assistant to Mayor Bernard Carvalho Jr., said Carvalho and the Hawai‘i Council of Mayors requested Senate Bill 2178.
“It is a ‘home rule’ measure that provides the Neighbor Island counties with the authority to decide, via their charter(s), how the personnel director is hired,” he said.
“Although the personnel director is a county administrative position, the hiring and removal process is presently governed by the state rather than the counties.”
This appears contradictory to the plain words of the Kaua‘i County Charter, which states that the DPS director is hired and may be fired by the Civil Service Commission.
But John Isobe, administrator of the county Office of Boards and Commissions, said Heu is correct, that state law referring to a “merit appeals board” with authority for hiring and firing the personnel services department head in the counties of Hawai‘i, Maui and Kaua‘i is defined also in state law as the civil service commission.
“The intent of the bill is ‘home rule’ by providing that each county, via their charter, would determine the hiring and removal process for the county personnel director and thereby eliminate any potential state statutory conflict/over-ride,” said Isobe.
In case law formed as a result of a challenge of the state statute, conflicting portions of the Maui charter were declared invalid.
Heu said the mayor feels that the current system of having the commission appoint the director has its “advantages and disadvantages.”
“On the one hand, we have very qualified and knowledgeable individuals involved in the selection and appointment process who are also able to provide general policy recommendations on areas requiring improvement.
“On the other hand, it is unreasonable and unrealistic to expect these volunteers, who only meet periodically, to fully comprehend the multiple relational impacts that the personnel department has on the county’s overall fiscal, operational, managerial and legal requirements and responsibilities either under the collective bargaining contacts and/or the law,” said Heu.
“The mayor supports the current proposal of the Charter Review Commission whereby the responsibility for hiring the personnel director is shared between the Civil Service Commission and the mayor and council.
“The proposed methodology is very similar to the state judicial selection process that is used in selecting our judges,” said Heu.
“It provides objectivity (screening and selection by an independent commission) and balance (mayor appoints with council confirmation) in determining who is the best candidate for the position,” Heu said.
Fernandez said he did not wish to comment for this story.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or pcurtis@kauaipubco.com.
