(a) If a public employee is convicted of a felony for conduct related to the public employee’s duties, the public employee shall be terminated from the public employee’s position.
Terms Used In Hawaii Revised Statutes 78-2.8
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
(b) If the felony conviction that results in the termination of a public employee pursuant to subsection (a) is overturned on appeal, the public employee shall receive back pay and be returned to the position the public employee held prior to conviction, or an equivalent position if the public employee’s position was filled; provided that the employee is not terminated from the employee’s position in accordance with any other provision of law.(c) For purposes of this section:
(1) “Public employee” means any public employee of the State or any county, and the political subdivisions and agencies thereof, any employees under contract with the State or county, any civil service employees, and any probationary or provisional employees of the State or county;(2) Employees covered by chapter 89 shall be entitled to a grievance procedure culminating in a final and binding decision; and(3) A rebuttable presumption shall arise that the criminal conviction is just and proper cause for the employee’s termination.
