RULES OF THE DIRECTOR OF HUMAN RESOURCES
CHAPTER 11, RESIGNATION, LAYOFF, AND TERMINATION
11-1 Purpose
SUBCHAPTER 1, RESIGNATION
11-2 Applicability
11-3 Notice of resignation
11-4 Appointing authority discretion to terminate
11-5 Discipline in lieu of resignation
11-6 Withdrawal of resignation
11-7 Resignation in good standing
11-8 Resignation not in good standing
SUBCHAPTER 2, LAYOFF
11-9 Applicability
11-10 Notice of impending layoff; placement rights
11-11 Retention points
11-12 Waiver of displacement rights
11-13 Conditions for placement
11-14 Placement within the employing agency
11-15 Citywide layoff action
11-16 General provisions governing layoffs
11-17 Waiver of time limits for notice
SUBCHAPTER 3, TERMINATION
11-18 Applicability
11-19 Termination of employment
Historical Note: Chapter 11 of part 2 is based substantially upon chapter 14 of part 1 of the rules of the civil service commission. [Eff Jul 01 2002]
§11-1 Purpose.
The purpose of this chapter is to provide for orderly, uniform and fair procedures for the non-disciplinary separation of employees from city service. [Eff Jul 01 2002] (Auth: HRS §76-17) (Imp: HRS §§76-13, 76-30)
SUBCHAPTER 1, RESIGNATION
§11-2 Applicability.
This subchapter shall apply to exempt and civil service employees unless otherwise specified. [Eff Jul 01 2002] (Auth: HRS §§76-17, 76-30)(Imp: HRS §§76-13, 76-30; RCH §4-105)
§11-3 Notice of resignation.
(a) When an employee elects to resign from the service, the employee shall notify the appointing authority through a written notice of resignation at least fifteen calendar days before the effective date of resignation unless the appointing authority waives this requirement.
(b) Failure to give required notice shall result in forfeiture of the right to placement on a reemployment list .
§11-4 Appointing authority discretion to terminate.
The appointing authority has the discretion to proceed to terminate an employee or consider an employee to have resigned, for any of, but not limited to, the following reasons:
(a) If an employee does not report to work for fifteen days without notifying the appropriate authority of the employee’s employment intentions; or
(b) The employee submits a resignation prior to, during, or after completion of an investigation; or
(c) The resignation is not in accordance with section 11-3(a); or
(d) The employee fails to return to work within fifteen calendar days following the expiration of an approved leave of absence.
[Eff Jan 20 2012] (Auth: HRS §§76-17, 76-30)(Imp: HRS §§76-13, 76-30; RCH §4-105)
§11-5 Discipline in lieu of resignation.
If the employee does not report for work without authorization, but, within fifteen days following the last day the employee reported for work expresses a desire to continue employment in writing to the appointing authority, the employee shall not be deemed to have resigned. The appointing authority may take appropriate disciplinary action, including discharge in consideration of the reasons for the employee’s absence. [Eff Jul 01 2002] (Auth: HRS §§76-17, 76-30) (Imp: HRS §§76-13, 76-30; RCH §4-105)
§11-6 Withdrawal of resignation.
Once a resignation becomes effective, the resignation may not be withdrawn. Prior to its becoming effective, once the resignation is submitted, the resignation may not be withdrawn without the consent of the appointing authority. [Eff Jan 20 2012] (Auth: HRS §§76-17, 76-30)(Imp: HRS §§76-13, 76-30; RCH §4-105)
§11-7 Resignation in good standing.
(a) A resignation shall be deemed by the appointing authority to be in good standing when the resignation is submitted in accordance with subsection 11-3(a), and the employee is not under investigation or subject to possible discharge or termination action at the time the employee leaves city service.
(b) A regular employee who performs in a satisfactory manner and who resigns in good standing may, within one year after the effective date of resignation, request that the employee’s name be placed on a reemployment list. [Eff Jan 20 2012] (Auth: HRS §§76-17; 76-30)(Imp: HRS §§76-13, 76-30; RCH §4-105)
§11-8 Resignation not in good standing.
A resignation shall be deemed not in good standing when an employee is considered to have resigned pursuant to section 11-4. [Eff Jul 01 2002] (Auth: HRS §76-17)(Imp: HRS §§76-12, 76-13, 76-30; RCH §4-105)
SUBCHAPTER 2, LAYOFF
This subchapter shall apply to regular civil service employees whose positions are to be abolished or to regular civil service employees who will be displaced by other employees. This subchapter also applies to a replacement who is hired as a regular employee and who is displaced by the return of a regular employee from military leave.
§11-10 Notice of impending layoff; placement rights.
When there is an impending layoff because of lack of work, need, or funds, the appointing authority shall inform the director of the number of employees to be laid off and the class or classes in which the layoffs are to occur. The appointing authority shall notify the affected employees of this in writing as soon as possible but in any case at least ninety calendar days before the impending layoff will take place. [Eff Jul 01 2002] (Auth: HRS §76-17; RCH §4-105 (Imp: HRS §§76-12, 76-13)
§11-11 Retention points.
To determine the displacement of another employee, retention points shall be computed on the basis of one point for each full month of city civil service employment and a fraction of a point for a partial month of service up to the day on which work or funds terminate. The computation shall include service time of classes of employees whose functions are transferred from one jurisdiction to another through action of the Legislature and all authorized nondisciplinary leaves of absence. Periods of suspensions and unauthorized leaves of absence from duty shall not be included. A fraction of a month of service shall be used to break ties. When two or more employees in the same class have identical retention scores, the employee with the least service in that class and any higher class shall be laid off first. Retention points shall be computed up to the day on which work or funds terminate. Creditable service for purposes of computing retention points shall include all authorized nondisciplinary leaves of absence; periods of suspensions and unauthorized leaves of absence from duty shall not constitute creditable service. [Eff Jul 01 2002] (Auth: HRS §76-17)(Imp: HRS §§76-12, 76-13)
§11-12 Waiver of displacement rights.
The employee affected by layoff may waive displacement rights, thereby limiting placement to vacant positions. [Eff Jul 01 2002] (Auth: HRS §76-17) (Imp: HRS §§76-12, 76-13)
§11-13 Conditions for placement.
(a) The employee must meet the minimum qualification requirements of the class of the position in which the employee is to be placed.
(b) The employee is a regular city civil service employee.
(c) The employee shall have priority for placement in the vacant position to which the employee is referred under the provisions of this section.
(d) The employee shall be referred for placement in a position on the basis of the employee’s indication of geographic location where the employee is willing to be placed and where the pay range is not higher than that of the present position.
(e) The employee shall be entitled to only one referral for placement in a position which is in accordance with the terms specified as provided for in paragraph (d) above. If the employee should fail to accept the offer of employment in the position, the employee’s services shall be terminated on the abolishment date of the position or the date of displacement, and the employee’s name shall be placed on the reemployment list. [Eff Jul 01 2002] (Auth: HRS §76-17) (Imp: HRS §§76-12, 76-13)
§11-14 Placement within the employing agency.
(a) The appointing authority shall exhaust all possibilities in placing the employee in another position in the employee’s department before a citywide layoff action will be effectuated. When there is no appropriate vacant position in which the employee may be placed, the appointing authority shall follow the order provided below in accordance with the employee’s indication of availability, in determining which employee within the department the employee shall displace:
(1) Non-regular employee who occupies a position in the same class. Where there is more than one non-regular employee; layoff will be first, of an employee serving a short term appointment; second, provisional appointment; third, a limited-term appointment; and fourth, a probationary appointment.
(2) Non-regular employee who occupies a position in a related class within the same pay range.
(3) Regular employee who occupies a position in the same class and has fewer retention points.
(4) Regular employee who occupies a position in a related class within the same pay range and has fewer retention points.
(5) Non-regular employee who occupies a position in a class of a lower pay range in the same series.
(6) Non-regular employee who occupies a position in a class at a lower pay range in a related series.
(7) Regular employee who occupies a position in a class assigned to a lower pay range in the same series and has fewer retention points.
(8) Regular employee who occupies a position in a class assigned to a lower pay range in a related series and has fewer retention points.
(b) In the event that the employee cannot be placed in the department, the appointing authority shall notify the employee and the director in writing of this and the impending layoff at least sixty calendar days prior to the layoff. The appointing authority shall also notify the director in writing that a citywide layoff needs to be effectuated if the employee has at least twenty-four retention points and is a regular civil service employee. The director shall notify the appointing authorities whose departments are affected, listing the reasons and the employees who are to be displaced or laid off. [Eff Jul 01 2002] (Auth: HRS §76-17)(Imp: HRS §§76-12, 76-13)
§11-15 Citywide layoff action.
(a) A citywide layoff action will be effectuated only for an employee who has not been referred for placement or cannot be placed in an appropriate position within the employing agency, and if the employee has regular city civil service status with at least twenty-four retention points. A regular employee with less than twenty-four retention points will have retention rights only within the department employed. The employee affected by layoff shall be referred for placement in another position where the employee is willing to be placed and at the minimum rate of pay that the employee will accept, which rate shall be not higher than that the employee is presently receiving. In a citywide layoff action, the following order shall be followed in the placement of an employee:
(1) Non-regular employee who occupies a position in the same class. In case there is more than one non-regular employee, layoff will be first of an employee serving a short term appointment; second, a provisional appointment; third, a limited-term appointment; and fourth, a probationary appointment.
(2) Non-regular employee who occupies a position in a related class within the same pay range.
(3) Regular employee who occupies a position in the same class and has fewer retention points.
(4) Regular employee who occupies a position in a related class within the same pay range and has fewer retention points.
(5) Non-regular employee who occupies a position in a class of a lower pay range in the same series.
(6) Non-regular employee who occupies a position in a class at a lower pay range in a related series.
(7) Regular employee who occupies a position in a class assigned to a lower pay range in the same series and has fewer retention points.
(8) Regular employee who occupies a position in a class assigned to a lower pay range in a related series and has fewer retention points.
(b) When the employee cannot be placed in another position, the employee’s services will be terminated, and the employee’s name will be placed on the recall list. [Eff Jan 20 2012] (Auth: HRS §76-17)(Imp: HRS §§76-12, 76-13)
§11-16 General provisions governing layoffs.
When an employee who is to be laid off accepts a temporary position, the employee may complete the remaining period of temporary employment and upon the termination of employment the employee shall receive no further consideration under the rules governing layoffs; provided that regular employees shall have the right to have the employee’s name placed on the recall list. [Eff Jan 20 2012] (Auth: HRS §76-17)(Imp: HRS §§76-12, 76-13)
§11-17 Waiver of time limits for notices.
The time limit for notices contained herein shall not apply to those situations, such as the elimination of a federally funded position or where the employer has insufficient knowledge of the layoff to meet the time requirement. [Eff Jul 01 2002] (Auth: HRS §76-17)(Imp: HRS §§76-12, 76-13)
SUBCHAPTER 3, TERMINATION
§11-18 Applicability.
This subchapter shall apply to exempt and civil service employees unless otherwise specified. [Eff Jan 20 2012] (Auth: HRS §76-17, 76-30) (Imp: HRS §76-13, 76-30; RCH §4-105)
§11-19 Termination of employment.
(a) An appointing authority may proceed to terminate the services of an employee for any of, but not limited to, the following reasons:
(1) Failure of a non-regular employee to qualify for probationary or permanent appointment to continue the employee’s employment.
(2) Failure to meet minimum performance requirements or standards.
(3) Placement cannot be made for an employee affected by a layoff.
(4) Failure to report to work for fifteen days without notifying the appropriate authority of the employee’s employment intentions; or
(5) Employee submits a resignation prior to, during or after completion of an investigation; or
(6) Failure to return to work within fifteen calendar days following the expiration of an approved leave of absence.
(b) A regular employee who may be subject to termination from the service shall be given a pre-determination hearing in accordance with section 12-3 and:
(1) An opportunity to respond in writing or in person to the appointing authority or designee as to why the employee should not be terminated.
(2) A notice of the proposed action in writing including the reasons for the proposed action, facts supporting the reasons, and the instructions for response.
(c) When a regular employee is to be terminated, the employee shall be given written notice ten calendar days prior to the termination. If the appointing authority believes that the retention of the employee at the work site would be detrimental to the City, other employees, or the general public during the ten day notice period, the employee may be placed on leave without pay for this ten day notice period. The notice shall contain the following:
(1) The specific reasons for the termination;
(2) Findings of the pre-determination hearing where applicable; and
(3) The date of the termination.
(d) When a non-regular employee is terminated under subsection (a) above, the employee shall be informed of the reason for the action in writing on or before the effective date. [Eff Jan 20 2012] (Auth: HRS §76-17, 76-30) (Imp: HRS §§76-13, 76-30, 386-142; RCH §4-105)