§76-27 Probationary service and other requirements for membership in the civil service. (a) All employees appointed to civil service positions shall constitute the membership of the civil service, but no employee shall be entitled to membership in civil service until the employee has:

(1) Successfully completed the initial probation period required as part of the examination process to determine the employee's fitness and ability for the position; and

(2) Satisfied all requirements for employment prescribed by this chapter and the qualifications prescribed by section 78-1.

(b) Upon becoming a member in the civil service, the employee shall be entitled to hold the member's position for the duration of the member's appointment, subject to section 76-46. In addition, civil service employees with permanent appointments, including an employee who has return rights to a position in which the employee has a permanent appointment, shall have layoff rights under section 76-43. All other civil service employees whose appointments have a limitation date shall not have layoff rights and shall be released at the end of their appointments or earlier if there is lack of work, lack of funds, or other legitimate reasons.

(c) To retain membership in the civil service, all employees must continue to demonstrate their fitness and ability for their current positions by meeting all performance requirements of their positions. If an employee fails to meet performance requirements, section 76-41 shall apply.

(d) A member who is promoted or transferred to another position in the civil service may be required to successfully serve a new probation period as part of the examination process to determine the employee's fitness and ability for the new position but shall be entitled to all the rights and privileges of a member of the civil service, except the right to appeal a release from the new position (as distinguished from discharge from the service) for inefficiency during the probationary period, in which case the member shall be returned to the former position or a comparable position.

(e) An employee serving an appointment with a limitation date may subsequently be appointed to the same position or a related position in the same class within the department when a permanent position is established or is vacated; provided that the employee was hired initially through civil service recruitment procedures and the period of service as a temporary appointee immediately preceded the appointment to the permanent position. The period of service performed as a temporary appointee may be credited toward the probation period if the appointing authority certifies that the employee has been performing satisfactorily and that the duties the employee has been performing are essentially similar to those required of the probationary appointment. Upon such certification, the period of service performed as a temporary appointee shall be credited toward fulfilling the required probation period and the employee shall serve only the remainder of the probation period, if any. [L 1955, c 274, pt of §1; RL 1955, §3-21(h); am L 1959, c 212, §1; am L Sp 1959 2d, c 1, §11; am L 1965, c 60, §1; HRS §76-27; gen ch 1985; am L 1992, c 71, §1; am L 2000, c 253, §19; am L 2001, c 123, §11]

Attorney General Opinions

Period of service under contractual employment is credited to and subtracted from the period of probationary service. Att. Gen. Op. 63-53.

Section conflicts with 14-32-3, Hawaii Administrative Rules. Att. Gen. Op. 90-8.

Case Notes

It was undisputed that plaintiff failed the examination process during plaintiff's probationary period with the police department; therefore, plaintiff was never legally entitled to membership in the civil service and plaintiff's employment status with the police department was not protected by the statutes that provide protections to civil service employees. 937 F. Supp. 2d 1220 (2013).