[DOWNLOAD] "Konno V. County Of Hawai''i" by Hawaii Supreme Court * Book PDF Kindle ePub Free

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Title: Konno V. County Of Hawai''i
Author : Hawaii Supreme Court
Release Date : January 28, 1997
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 78 KB

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The central issue addressed in these cases*fn1 is the privatization of public services. The United Public Workers and its officers (collectively the UPW) challenge the validity of a contract entered into by the County of Hawai'i (the County) to privatize the operation of a landfill at Pu'uanahulu on the island of Hawai'i. In No. 18203, the UPW argues that the County violated civil service laws and merit principles by privatizing the landfill worker positions in question. In No. 18236, the UPW argues that the County violated collective bargaining laws by privatizing without participating in mandatory negotiations with the UPW. For the reasons discussed below, we hold that the County violated civil service laws and merit principles but did not violate collective bargaining laws. The contract between the County and Waste Management of Hawai'i, Inc. (WMI) is void as a violation of public policy to the extent that it provides for the private operation of the Pu'uanahulu landfill. We vacate the circuit court's award of summary judgment in favor of the County in No. 18203 and remand for entry of summary judgment in favor of the UPW. We instruct the circuit court to grant the UPW a declaratory judgment. We further instruct the circuit court to fashion injunctive relief requiring the landfill to be transferred from private operation to County operation as rapidly as possible but consistent with practical and public interest concerns. The circuit court shall also monitor the transition and may impose sanctions for non-compliance. Finally, the circuit court is to determine whether the additional relief requested by the UPW is appropriate." We affirm the circuit court's judgment in No. 18236.