AN ACT Relating to fire protection agencies in consolidation and annexation actions; adding new sections to chapter 35.10 RCW; adding new sections to chapter 35.13 RCW; adding new sections to chapter 52.04 RCW; adding new sections to chapter 52.06 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 35.10 RCW to read as follows:

Upon the consolidation of two or more cities, or the annexation of any city to another city, any employee of the fire department of the former city or cities who (1) was at the time of consolidation or annexation employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the fire department of the consolidated city or annexing city, as the case may be, (2) will, as a direct consequence of consolidation or annexation, be separated from the employ of the former city or town, and (3) can perform the duties and meet the minimum requirements of the position to be filled, then such employee may transfer employment to the fire department of the consolidated city or annexing city, as provided in this section and sections 2 and 3 of this act.

NEW SECTION. Sec. 2. A new section is added to chapter 35.10 RCW to read as follows:

(1) An eligible employee may transfer into the civil service system of the consolidated city or annexing city by filing a written request with the civil service commission of the consolidated city or annexing city. Upon receipt of such request by the civil service commission the transfer of employment shall be made. The employee so transferring will (a) be on probation for the same period as are new employees in the position filled, (b) be eligible for promotion after completion of the probationary period as completed, (c) receive a salary at least equal to that of other new employees in the position filled, and (d) in all other matters, such as retirement, vacation, etc., have, within the city civil service system, all the rights, benefits, and privileges to which he or she would have been entitled as a member of the consolidated city or annexing city fire department from the beginning of his or her employment with the former city fire department. A record of the employee's service with the former city fire department shall be transmitted to the city civil service commission and shall be credited to such employee as a part of the period of employment in the consolidated city or annexing city fire department. The transferring employee may be assigned to whatever duties are in the best interest of the department and the employee.

(2) As many of the transferring employees shall be placed upon the payroll of the consolidated city or annexing city fire department as the department determines are needed to provide services. These needed employees shall be taken in order of seniority and the remaining employees who transfer as provided in this section and sections 1 and 3 of this act shall head the list for employment in the civil service system in order of their seniority, to the end that they shall be the first to be reemployed in the fire department when appropriate positions become available.

NEW SECTION. Sec. 3. A new section is added to chapter 35.10 RCW to read as follows:

If, as a result of consolidation of two or more cities, or the annexation of any city, any employee is layed off who is eligible to transfer to the city fire department pursuant to this section and sections 1 and 2 of this act, the city fire department shall notify the employee of the right to so transfer and the employee shall have ninety days to transfer employment to the city fire department. This section shall apply to any employee layed off during the twelve calendar months prior to the effective date of this act.

NEW SECTION. Sec. 4. A new section is added to chapter 35.13 RCW to read as follows:

If any portion of a fire protection district is annexed to or incorporated into a city or town, any employee of the fire protection district who (1) was at the time of such annexation or incorporation employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the city or town fire department (2) will, as a direct consequence of annexation or incorporation, be separated from the employ of the fire protection district, and (3) can perform the duties and meet the minimum requirements of the position to be filled, then such employee may transfer employment to the civil service system of the city or town fire department as provided for in this section and sections 5 and 6 of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 35.13 RCW to read as follows:

(1) An eligible employee may transfer into the civil service system of the city or town fire department by filing a written request with the city or town civil service commission and by giving written notice thereof to the board of commissioners of the fire protection district. Upon receipt of such request by the civil service commission the transfer of employment shall be made. The employee so transferring will (a) be on probation for the same period as are new employees of the city or town fire department in the position filled, (b) be eligible for promotion after completion of the probationary period as completed, (c) receive a salary at least equal to that of other new employees of the city or town fire department in the position filled, and (d) in all other matters, such as retirement, vacation, etc., have, within the city or town civil service system, all the rights, benefits, and privileges to which he or she would have been entitled as a member of the city or town fire department from the beginning of employment with the fire protection district. The board of commissioners of the fire protection district shall, upon receipt of such notice, transmit to the city civil service commission a record of the employee's service with the fire protection district which shall be credited to such employee as a part of the period of employment in the city or town fire department. The transferring employee may be assigned to whatever duties are in the best interest of the department and the employee.

(2) As many of the transferring employees shall be placed upon the payroll of the city or town fire department as the department determines are needed to provide services. These needed employees shall be taken in order of seniority and the remaining employees who transfer as provided in this section and sections 4 and 6 of this act shall head the list for employment in the civil service system in order of their seniority, to the end that they shall be the first to be reemployed in the city or town fire department when appropriate positions become available.

NEW SECTION. Sec. 6. A new section is added to chapter 35.13 RCW to read as follows:

If any portion of a fire protection district is annexed to or incorporated into a city or town, and as a result any employee is layed off who is eligible to transfer to the city or town fire department under this section and sections 4 and 5 of this act the fire protection district shall notify the employee of the right to transfer and the employee shall have ninety days to transfer employment to the city or town fire department. This section shall apply to any employee layed off during the twelve calendar months prior to the effective date of this act.

NEW SECTION. Sec. 7. A new section is added to chapter 52.04 RCW to read as follows:

When any city or town is annexed to a fire protection district under RCW 52.04.061 and 52.04.071, any employee of the fire department of such city or town who (1) was at the time of annexation employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the fire protection district (2) will, as a direct consequence of annexation, be separated from the employ of the city or town, and (3) can perform the duties and meet the minimum requirements of the position to be filled, then such employee may transfer his employment to the fire protection district as provided in this section and sections 8 and 9 of this act.

NEW SECTION. Sec. 8. A new section is added to chapter 52.04 RCW to read as follows:

(1) An eligible employee may transfer into the fire protection district civil service system, if any, or if none, then may request transfer of employment under this section by filing a written request with the board of fire commissioners of the fire protection district and by giving written notice to the legislative authority of the city or town. Upon receipt of such request by the board of fire commissioners the transfer of employment shall be made. The employee so transferring will (a) be on probation for the same period as are new employees of the fire protection district in the position filled, (b) be eligible for promotion after completion of the probationary period as completed, (c) receive a salary at least equal to that of other new employees of the fire protection district in the position filled, and (d) in all other matters, such as retirement, vacation, etc., have all the rights, benefits, and privileges to which he or she would have been entitled as an employee of the fire protection district from the beginning of employment with the city or town fire department. The city or town shall, upon receipt of such notice, transmit to the board of fire commissioners a record of the employee's service with the city or town which shall be credited to such employee as a part of the period of employment in the fire protection district. The transferring employee may be assigned to whatever duties are in the best interest of the district and the employee.

(2) As many of the transferring employees shall be placed upon the payroll of the fire protection district as the district determines are needed to provide services. These needed employees shall be taken in order of seniority and the remaining employees who transfer as provided in this section and sections 7 and 9 of this act shall head the list for employment in the civil service system in order of their seniority, to the end that they shall be the first to be reemployed in the fire protection district when appropriate positions become available.

NEW SECTION. Sec. 9. A new section is added to chapter 52.04 RCW to read as follows:

When a city or town is annexed to a fire protection district and as a result any employee is layed off who is eligible to transfer to the fire protection district pursuant to this section and sections 7 and 8 of this act, the city or town shall notify the employee of the right to transfer and the employee shall have ninety days to transfer employment to the fire protection district. This section shall apply to any employee layed off during the twelve calendar months prior to the effective date of this act.

NEW SECTION. Sec. 10. A new section is added to chapter 52.06 RCW to read as follows:

When any fire protection district merges with another fire protection district, any employee of the merging district who (1) was at the time of merger employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the merger district (2) will, as a direct consequence of the merger, be separated from the employ of the merging district, and (3) can perform the duties and meet the minimum requirements of the position to be filled, then such employee may transfer employment to the merger district as provided in this section and sections 11 and 12 of this act.

NEW SECTION. Sec. 11. A new section is added to chapter 52.06 RCW to read as follows:

(1) An eligible employee may transfer into the merger district by filing a written request with the board of fire commissioners of the merger district and by giving written notice to the board of fire commissioners of the merging district. Upon receipt of such request by the board of the merger district the transfer of employment shall be made. The employee so transferring will (a) be on probation for the same period as are new employees of the merger district in the position filled, (b) be eligible for promotion after completion of the probationary period as completed, (c) receive a salary at least equal to that of other new employees of the merger district in the position filled, and (d) in all other matters, such as retirement, vacation, etc., have, all the rights, benefits, and privileges to which he or she would have been entitled to as an employee of the merger district from the beginning of employment with the merging district. The board of the merging district shall, upon receipt of such notice, transmit to the board of the merger district a record of the employee's service with the merging district which shall be credited to such employee as a part of the period of employment in the merger district. The transferring employee may be assigned to whatever duties are in the best interest of the merger district and the employee.

(2) As many of the transferring employees shall be placed upon the payroll of the merger district as the merger district determines are needed to provide services. These needed employees shall be taken in order of seniority and the remaining employees who transfer as provided in this section and sections 10 and 12 of this act shall head the list for employment in order of their seniority, to the end that they shall be the first to be reemployed in the merger district when appropriate positions become available.

NEW SECTION. Sec. 12. A new section is added to chapter 52.06 RCW to read as follows:

If, as a result of merging of districts any employee is layed off who is eligible to transfer to the merger district under this section and sections 10 and 11 of this act, the merging district shall notify the employee of the right to transfer and the employee shall have ninety days to transfer employment to the merger district. This section shall apply to any employee layed off during the twelve calendar months prior to the effective date of this act.

NEW SECTION. Sec. 13. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.