Senate advances bill to exempt certain Department of Health positions from civil service with added oversight

The Senate Committee on Labor and Technology on Feb. 10 voted to pass Senate Bill 1440 as a Senate Draft with amendments. The measure would exempt selected positions at the Department of Health from civil service and create reporting and oversight requirements.

Lauren Kim, Policy and Planning Chief at the Department of Health, said the measure is part of the governor’s administrative package and cited specialized needs for communications, federal‑initiative coordination and leadership positions at Hawaii State Hospital. Mary Brogan, administrator for developmental disabilities, said the department lacks a dedicated position to coordinate complex federal initiatives such as the HCBS access rule and that “we don't have anybody to fulfill those functions.” She described the position as data and system heavy and necessary to coordinate timelines, compliance and interagency agreements.

Opponents urged caution. Nui Sebastian of HGEA said exempt employees lack civil service protections and asked why the department could not reclassify or reprice positions within civil service. Dave Fields, a former Hawaii State Hospital employee testifying in opposition, argued the real safety problems are frontline staffing shortfalls and a leadership culture that needs oversight; he urged the committee to prioritize staffing and oversight over creating exempt administrator roles.

The committee added a reporting measure requiring the Department of Health to produce a report 20 days prior to the 207th legislative session that may include a performance audit of exempt positions granted by the measure, and otherwise passed the bill with technical amendments to preserve legislative oversight.