SB 2116: AG; State and County; Departments, Boards, Commissions, Agencies; Public Employees; Confidential Complaint Process; Reports; Rules; Appropriation

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, and that the employee 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 defined in section 76‑11."

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027 for the department of the attorney general to establish a confidential process for persons to anonymously file complaints against public employees.

     The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2077.

Report Title:

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

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.  Authorizes the Attorney General to adopt rules.  Requires the Attorney General to submit annual reports to the Legislature.  Appropriates funds.  Effective 1/1/2077.  (SD1)

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. 2114

Honolulu, Hawaii

RE:     S.B. No. 2116

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Labor and Technology, to which was referred S.B. No. 2116 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the Attorney General to establish a confidential process for persons to anonymously file complaints against public employees;

     (2)  Require the Attorney General to review and forward the complaints to the department, board, commission, or agency deemed appropriate by the Attorney General;

     (3)  Require 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; and

     (4)  Require the Attorney General to adopt rules and submit annual reports to the Legislature.

     Your Committee received testimony in support of this measure from the Hawaii Government Employees Association, ASFCME Local 152, AFL-CIO and United Public Workers, ASFCME Local 646, AFL-CIO.

     Your Committee received testimony in opposition to this measure from the Department of Labor and Industrial Relations, Department of the Attorney General, and Libertarian Party of Hawaii.

     Your Committee finds that individuals may experience circumstances in which they wish to make a complaint against a public employee but fear retaliation.  Establishing a uniform and anonymous complaint process provides individuals with a secure process to submit their complaints while protecting complainants from retaliatory actions.  The Attorney General is uniquely positioned to understand the legal implications of complaints against public employees and establish the rules necessary for an ethical and effective anonymous complaint process.  Your Committee finds that this measure will improve accountability and functionality in public employment by establishing an anonymous complaint process in which the Attorney General serves as the intermediary.

     Your Committee has amended this measure by:

     (1)  Inserting language that requires each public employer and department to inform its employees that they should immediately notify law enforcement of any conduct or situation that poses an imminent danger or threat to the health or safety of any individual or workplace or the public;

     (2)  Deleting language that would have required the Attorney General to immediately notify the appropriate department or other state or county agency if the Attorney General determines that a complaint poses an imminent danger or threat to the health or safety of any individual or workplace or the public;

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

     (4)  Inserting a blank appropriation amount;

     (5)  Inserting an effective date of January 1, 2077, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2116, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2116, S.D. 1, and be referred to your Committee on Judiciary.

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