Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 76
Hawaii Revised Statutes

Haw. Rev. Stat. § 76-11 (2026)

  Definitions

✓ current as of July 2026
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Note

 

  Part II heading, "Civil Service for the State", repealed.  L 2000, c 253, §8.

 

     §76-11  Definitions.  As used in this chapter, unless the context clearly requires otherwise:

     "Appointing authority" means a department head or designee having the power to make appointments or changes in the status of employees.

     "Chief executive" means the governor, the respective mayors, the chief justice of the supreme court, and the chief executive officer of the Hawaii health systems corporation.  It may include the superintendent of education and the president of the University of Hawaii with respect to their employees on any matter that applies to employees in general, including employees who are not covered by this chapter.

     "Civil service" includes all positions within a jurisdiction that are not exempted by section 46-33, 76-16, or 76-77, or by other law and must be filled through civil service recruitment procedures based on merit.

     "Civil service employee" means an employee who has met all requirements for membership in the civil service under section 76-27.

     "Class" means a group of positions that reflect sufficiently similar duties and responsibilities such that the same title and the same pay range may apply to each position allocated to the class.

     "Classification system" means classes of positions arranged in a logical and systematic order.

     "Day" means a calendar day unless otherwise specified.

     "Department" means any department, board, commission, or agency of a jurisdiction.

     "Director" means the head of the central personnel agency for a jurisdiction regardless of title, whether it is the director of human resources development, director of personnel, director of personnel services, or personnel director.

     "Employee" or "public employee" means any person holding a position in the service of a jurisdiction, irrespective of status or type of appointment; provided that, if the context clearly applies only to an employee who is a member of the civil service, "employee" means a civil service employee.

     "Employer" or "public employer" means the governor in the case of the State, the respective mayors in the case of the counties, the chief justice of the supreme court in the case of the judiciary, the board of education in the case of the department of education, the board of regents in the case of the University of Hawaii, the Hawaii health systems corporation board in the case of the Hawaii health systems corporation, and any individual who represents one of the employers or acts in their interest in dealing with public employees.  In the case of the judiciary, the administrative director of the courts shall be the employer in lieu of the chief justice for purposes which the chief justice determines would be prudent or necessary to avoid conflict.

     "Exclusive representative" means the employee organization certified by the board under section 89-8 as the collective bargaining agent to represent all employees in an appropriate bargaining unit without discrimination and without regard to employee organization membership.

     "Jurisdiction" means the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation.

     "Legislative body" means the legislature in the case of the State, including the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation; the city council in the case of the city and county of Honolulu; and the respective county councils in the case of the counties of Hawaii, Maui, and Kauai.

     "Merit appeals board" means a jurisdiction's appellate body for purposes of section 76-14 regardless of whether it is named merit appeals board, civil service commission, or appeals board.

     "Position" means a specific job requiring the full or part-time employment of one person. [L 1955, c 274, pt of §1; RL 1955, §3-11; am L Sp 1959 2d, c 1, §11; am L 1965, c 54, §1; HRS §76-11; am L 1974, c 159, §10; gen ch 1985; am L 1994, c 56, §21; am L 2000, c 253, §9]

 

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1970–2025 · leading case: Konno v. Cnty. of Hawai'i, 937 P.2d 397 (Haw. 1997).
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Konno v. Cnty. of Hawai'i, 937 P.2d 397 (Haw. 1997). · cites it 8× “However, HRS § 76-78 makes the provisions of part II applicable to Hawai'i, Maui, and Kauai counties as well. Therefore, the definition of "position” in HRS § 76-11(18) does apply to HRS § 76-77.”
United Pub. Workers, AFSCME, Local 636, AFL-CIO v. Abercrombie., 325 P.3d 600 (Haw. 2014). · cites it 8× “39 “Jurisdiction” is defined by HRS § 76-11 to mean “the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation.”
Kaulia v. Cnty. of Maui, Dept. of Pub. Works, 504 F. Supp. 2d 969 (D. Haw. 2007). · cites it 2× “See HRS §§ 76-11 (defining civil service, civil service employee, and public employee), 76-77 (applying the civil service provisions to positions in the public service of the County with certain exceptions); De Silva v.”
Gibb v. Spiker, 718 P.2d 1076 (Haw. 1986). · cites it 2× “HRS § 76-48, however, is included in Part II of the Civil Service Law (HRS §§ 76-11 to 76-56) titled “Civil Service for the State.”
Grievance Arbitration Between State of Hawai'i Org. of Police Officers ex rel. Mejia v. Hawai'i Cnty. Police Dep't, 61 P.3d 522 (Haw. App. 2002). · cites it 2× “The appeal also cited HRS § 76-11((7)(C) (1993)). 2 The appeal alleged that [t]he [Department’s] rejection of the reallocation request has denied [Mejia] just recognition for being directed to perform work at a higher classification for several year’s as well as subjecting her…”
In Re the Appeal of Harper, 475 P.2d 53 (Haw. 1970). · cites it 2× “” HRS § 76-11(15). 5 The pertinent part of the letter reads: “This is to notify you that as of this date you are summarily discharged, dismissed and removed as Warden of Oahu Prison.”
Zhang v. Admin. Dir. of the Courts, 479 P.3d 154 (Haw. App. 2021). · cites it 2× “HRS § 76-11 (2012) states: "Director" means the head of the central personnel agency for a jurisdiction regardless of title, whether it is the director of human resources development, director of personnel, director of personnel services, or personnel director.”
Lucas v. Civil Serv. Comm'n (Haw. App. 2025). · cites it 2× “HRS §§ 76-11 (2012), 76-14(a)(3). As relied on by the Commission in its findings and conclusions regarding the Motion to Dismiss, under HRS § 76-14(c)(1), 7 it 6 HRS § 76-14 entitled "Merit appeals board; duties, and jurisdiction[,]" provides in pertinent part: (a) The merit…”
— Haw. Rev. Stat. § 76-11(15) — 1 case
In Re the Appeal of Harper, 475 P.2d 53 (Haw. 1970). “” HRS § 76-11(15). 5 The pertinent part of the letter reads: “This is to notify you that as of this date you are summarily discharged, dismissed and removed as Warden of Oahu Prison.”
— Haw. Rev. Stat. § 76-11(18) — 1 case
Konno v. Cnty. of Hawai'i, 937 P.2d 397 (Haw. 1997). “However, HRS § 76-78 makes the provisions of part II applicable to Hawai'i, Maui, and Kauai counties as well. Therefore, the definition of "position” in HRS § 76-11(18) does apply to HRS § 76-77.”
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