HB 1654: AG; Public Employees; Confidential Complaint Process; Reports

A BILL FOR AN ACT

RELATING TO PUBLIC EMPLOYEES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§78-     Confidential complaints against public employees; attorney general; annual reports; rules.  (a)  Notwithstanding any law to the contrary, the attorney general shall establish a confidential process for persons who wish to anonymously file a complaint against any public employee.

     (b)  A complaint shall be deemed properly filed if the complainant provides the attorney general with:

     (1)  The complainant's full legal name and contact information; and

     (2)  Any other information deemed necessary by the attorney general.

     (c)  The attorney general shall review and forward all properly filed complaints to the department that the attorney general deems appropriate; provided that the attorney general shall redact any information that is likely to lead to the identification of the complainant from the complaint.  The attorney general shall act as an intermediary in any necessary communication between the department and complainant to protect the complainant's anonymity.

     (d)  Upon receipt of a complaint pursuant to subsection (c), the department shall:

     (1)  Process the complaint pursuant to the department's standard complaint-processing procedures; and

     (2)  Submit a report to the attorney general describing the disposition of the complaint, including the findings of any investigation conducted and any disciplinary, remedial, or other action taken.

     (e)  Each public employer and department shall inform its employees and the public of the confidential complaint process established pursuant to this section and that the complainant should immediately notify law enforcement regarding any conduct or situation that poses an imminent danger or threat to the health or safety of any individual or workplace or the public.

     (f)  The attorney general shall submit a report on the confidential complaint process established pursuant to this section to the legislature no later than twenty days prior to the convening of each regular session.  The report shall include:

     (1)  The number of complaints the attorney general received in the preceding year; and

     (2)  The departments' disposition of the complaints.

     (g)  The attorney general may adopt rules in accordance with chapter 91 necessary to implement this section.

     (h)  For the purposes of this section, "department" has the same meaning as in section 76‑11."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

AG; Public Employees; Confidential Complaint Process; Reports

Description:

Requires the Attorney General to establish a confidential process for persons to anonymously file complaints against public employees.  Requires the Attorney General to review and forward the complaints to the department, board, commission, or agency deemed appropriate by the Attorney General.  Requires the departments, boards, commissions, and agencies to process the complaint pursuant to their standard complaint‑processing procedures and report the disposition to the Attorney General.  Requires reports to the Legislature.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

Relating to Public Employees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§78-    Confidential complaints against public employees; attorney general; annual reports; rules.  (a)  Notwithstanding any law to the contrary, the attorney general shall establish a confidential process for persons who wish to anonymously file a complaint against any public employee.

     (b)  A complaint shall be deemed properly filed if the complainant provides the attorney general with:

     (1)  The complainant's full legal name and contact information; and

     (2)  Any other information deemed necessary by the attorney general.

     (c)  Except as provided in subsection (f), the attorney general shall review and forward all properly filed complaints to the department that the attorney general deems appropriate; provided that the attorney general shall redact any information that is likely to lead to the identification of the complainant from the complaint.  The attorney general shall act as an intermediary in any necessary communication between the department and complainant to protect the complainant's anonymity.

     (d)  Upon receipt of a complaint pursuant to subsection (c), the department shall:

     (1)  Process the complaint pursuant to the department's standard complaint-processing procedures; and

     (2)  Submit a report to the attorney general describing the disposition of the complaint, including the findings of any investigation conducted and any disciplinary, remedial, or other action taken.

     (e)  Each public employer and department shall inform its employees and the public of the confidential complaint process established pursuant to this section.

     (f)  If the attorney general determines that any conduct or situation described in a complaint it receives pursuant to this section poses an imminent danger or threat to the health or safety of any individual or workplace or the public, the attorney general shall immediately notify the department or other state or county agency, as deemed appropriate by the attorney general.

     (g)  The attorney general shall submit a report on the confidential complaint process established pursuant to this section to the legislature no later than twenty days prior to the convening of each regular session.  The report shall include:

     (1)  The number of complaints the attorney general received in the preceding year; and

     (2)  The departments' disposition of the complaints.

     (h)  The attorney general shall adopt rules in accordance with chapter 91 necessary to implement this section.

     (i)  For the purposes of this section, "department" has the same meaning as defined in section 76‑11."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

AG; State and County; Departments, Boards, Commissions, Agencies; Public Employees; Confidential Complaint Process; Reports; Rules

Description:

Requires the Attorney General to establish a confidential process for persons to anonymously file complaints against public employees.  Requires the Attorney General to review and forward the complaints to the department, board, commission, or agency deemed appropriate by the Attorney General.  Requires the departments, boards, commissions, and agencies to process the complaint pursuant to their standard complaint‑processing procedures and report the disposition to the Attorney General.  Requires the Attorney General to adopt rules and submit annual reports to the Legislature.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  283-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1654

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Labor, to which was referred H.B. No. 1654 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC EMPLOYEES,"

begs leave to report as follows:

     The purpose of this measure is to require the Attorney General to:

     (1)  Establish a confidential process for persons to anonymously file complaints against public employees; and

     (2)  Review and forward complaints to the appropriate department and require departments to report their disposition back to the Attorney General.

     Your Committee received testimony in support of this measure from the Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO; United Public Workers, AFSCME Local 646, AFL-CIO; and one individual.  Your Committee received testimony in opposition to this measure from the Department of the Attorney General.

     Your Committee finds that members of the public may be reluctant to report concerns about the conduct of public employees due to fear of retaliation or lack of confidence in existing reporting channels.  Your Committee further finds that the absence of a centralized, confidential process can result in inconsistent handling of complaints and reduce public trust in government accountability.  Your Committee believes that establishing a uniform, anonymous, reporting system strengthens transparency and ensures that complaints are reviewed, processed, and tracked in a consistent and safe manner.

     Your Committee has amended this measure by:

     (1)  Requiring each public employer and any department to inform its employees and the public that a complainant should immediately notify law enforcement regarding any conduct or situation that poses an imminent danger or threat;

     (2)  Deleting language that would have required the Attorney General to notify the department or other state or county agency regarding any imminent danger or threat;

     (3)  Authorizing, rather than requiring, the Attorney General to adopt rules;

     (4)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee notes that proponents of this measure have requested an effective date of July 1, 2027, and respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it deliberate on this measure, to consider adopting the requested effective date.

     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1654, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1654, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Labor,