February 28, 1997
EIN, LEVINSON, NAKAYAMA,
OPINION OF THE COURT BY RAMIL, J.
The central issue addressed in
nese cal
es’ 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“ (the County!
ill at Pucuanahulu on the
privatize the operation of a land!
island of Hawai"i. In No, 19703, the UPW argues that the
violated civil service laws and merit principles by privatizing
the landfill worker positions in question. In No. 18236, the UPH
argues that the County violated collective barga.
privatizing without participating in mandatory ne
the UPW. For the reasons discussed below, we hold that the
County violated civil service laws and merit principles but did
net violate collective bargaining laws. The contract between +
County and Waste Management of Hawai“i, Inc. (WMI) is void
violation of public policy to the extent that it provides for th
\ ey order dated September 1, 1994, Nos. 18236, 2avet, and 16204 were
consolidated for briefing and disposition under No, 18236. Although Now.
10203 and 12236 were not consolidated on appeal and were independent ly
briefed, we address them together in this opinion because they ariee
same underlying factual events and because our dispesition in No. 18203
dixectly affecte No. 10226. See Rixmingham v. Fodor's Travel Publications.
Enc., 72 Haw. 259, 365 0.2, 833 P.2d 70,.74 9.2 (1992).
om the
o3dprivate operation of the Pu’uanahulu landfill. We vacate the
gment in favor of the County
circuit court's award of summary
in No, 18203 and remand for entry of summary judgment in tavor of
the UPW. We instruct the circuit court to grant the UPW a
per Order filed 5/13/97. fm
declaratory judgment Ath] AO) Lib AAALLBA/ DALLE NG/ BLLMARL/. DbRRALA DEY
OF / OME /LADAL ADL) anal Eos Mererming/ wpe ner AAdeAenal/ cELLeL/ AE
46bt6pe1deé. we affirm the circuit court’s judgment in
per Order filed $/13/97. J
* We further instruct the circuit court to fashion injunctive relief
requiring the landfill to be tranaferred trom private operation to
County operation as rapidly as poseible 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.
traditionally recruited and employed through the merit system
pursuant te civil service laws. The UPW ie a labor union and has
jong been the exclusive representative of landfill workers in the
state of Hawai
In 1991, Mayor Lorraine Inouye began to consider the
possibility of having a private contractor construct and operate
anew landfill at Pu"uanahulu. The new landfill would be a
239che Kealakehe landfill, wha
replacement f hhad reached
nother concern
capacity and was plagued by subterranean fires
PA) had issued new
was that the Environmental Protection Agency
federal regulations on solid waste management that contained
strict standards for landfill construction. Mayor Inouye met
with UPW cfficials to di
cuss the privatization ¢
UPW did not oppose the private conatruction ef th
but did strenuously object to the private operation of the
landfill. In the summer of 1992, Mayor Inouye agreed not to
privatize the opera cf the landfill
Subsequent to her decision not to privatize the
landfill, Mayor Inouye won the endorsement of the UPW in the 1992
primary election. This was an extremely close race, and Mayor
Inouye lost to Stephen Yamashire by a thin margin. Shor
assuming office in December 1992, Mayor Yamashiro announced
the County would be privatizing not only the construction of the
“uanahulu landfill, but ite operation as well. In March 1993,
bids were received from WMI and Browning Ferris Industries. on
March 25, 1993, County officials informed WMI that the County
intended to award’ WMI the contrat
County officials did not seek any form of certification
from the county personnel director or the civil service
commission that the landfiil worker positions were unique cr that
any