AN ACT Relating to public employment; amending RCW 41.06.020, 41.06.040, 41.06.070, 41.06.080, 41.06.160, 41.06.280, and 41.64.110; adding new sections to chapter 41.06 RCW; repealing RCW 28B.16.010, 28B.16.020, 28B.16.030, 28B.16.040, 28B.16.060, 28B.16.070, 28B.16.080, 28B.16.090, 28B.16.100, 28B.16.101, 28B.16.105, 28B.16.110, 28B.16.112, 28B.16.113, 28B.16.116, 28B.16.120, 28B.16.130, 28B.16.140, 28B.16.150, 28B.16.160, 28B.16.170, 28B.16.180, 28B.16.190, 28B.16.200, 28B.16.210, 28B.16.220, 28B.16.230, 28B.16.240, 28B.16.250, 28B.16.260, 28B.16.270, 28B.16.280, 28B.16.290, 28B.16.900, 28B.16.910, 28B.16.920, and 28B.16.930; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 41.06 RCW to read as follows:

The purpose of this chapter is to provide for a more effective and efficient management of the state system for personnel administration by consolidating under the state personnel board and the department of personnel all the powers, duties, and functions heretofore vested in the higher education personnel board and the higher education personnel system. The state personnel board is empowered to adopt rules, and delegate authority, to improve the cost effectiveness of personnel administration in state government. This section shall be liberally construed to promote effective and efficient staff utilization in personnel administration. Any personnel activity delegated or assigned to any individual, agency, or institution of higher education under this section shall be periodically audited by the department of personnel to assure compliance with the intent of this chapter. The department of personnel shall take corrective action if it finds a lack of compliance with the intent of this chapter of rules promulgated thereunder.

NEW SECTION. Sec. 2. A new section is added to chapter 41.06 RCW to read as follows:

The offices of the higher education personnel board and the higher education personnel director are hereby abolished. From and after January 1, 1986, all higher education personnel in all classes of positions shall be governed and controlled by and be subject to this chapter and the merit system rules adopted by the state personnel board, in the same manner as other state agencies. However, higher education personnel shall remain subject to the classification plan and compensation plan in effect on January 1, 1984, until the plans have been modified, amended, or incorporated into the state classification plan and compensation plan by the state personnel board.

NEW SECTION. Sec. 3. A new section is added to chapter 41.06 RCW to read as follows:

All books, documents, records, papers, files, data, desks, chairs, typewriters, and other office equipment, or other materials in the possession of, used, or held by the higher education personnel board, the higher education personnel director, and any other person or persons performing duties and functions and exercising powers relating to the higher education board, shall be delivered and transferred to the state personnel board, and the state director of personnel on or before January 1, 1986.

NEW SECTION. Sec. 4. A new section is added to chapter 41.06 RCW to read as follows:

All classified civil service employees engaged in duties pertaining to the functions transferred by section 2 of this act shall be assigned and transferred to the department of personnel on January 1, 1986, and when transferred shall automatically retain their permanent or probationary status together with all rights, privileges, and immunities attaching thereto.

NEW SECTION. Sec. 5. A new section is added to chapter 41.06 RCW to read as follows:

Rules, classification plans, compensation plans, bargaining units, and collective bargaining agreements adopted or established pursuant to chapters 28B.16 and 41.06 RCW shall remain in effect until superseded by action of the board created by RCW 41.06.110.

Sec. 6. Section 1, chapter 12, Laws of 1970 ex. sess. as last amended by section 4, chapter 75, Laws of 1983 1st ex. sess. and RCW 41.06.020 are each amended to read as follows:

Unless the context clearly indicates otherwise, the words used in this chapter have the meaning given in this section.

(1) "Agency" means an office, department, board, commission, or other separate unit or division, however designated, of the state government and all personnel thereof; it includes any unit of state government established by law, the executive officer or members of which are either elected or appointed, upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature.

(2) "Board" means the state personnel board established under the provisions of RCW 41.06.110, except that this definition does not apply to the words "board" or "boards" when used in RCW 41.06.070.

(3) "Classified service" means all positions in the state service subject to the provisions of this chapter.

(4) "Competitive service" means all positions in the classified service for which a competitive examination is required as a condition precedent to appointment.

(5) "Comparable worth" means the provision of similar salaries for positions that require or impose similar responsibilities, judgments, knowledge, skills, and working conditions.

(6) "Management employees" means those employees:

(a) Who are classified under this chapter and who are exempt employees under this chapter and have their salary and fringe benefits determined under RCW 41.06.070; and

(b) Who are specified as management by the state personnel board; but the board shall not go below range 49, as established in the October 1981 state personnel board compensation plan, or its equivalent range in a subsequent compensation plan publication.

(7) "Noncompetitive service" means all positions in the classified service for which a competitive examination is not required.

(8) "Department" means an agency of government that has as its governing officer a person, or combination of persons such as a commission, board, or council, by law empowered to operate the agency responsible either to (a) no other public officer or (b) the governor.

(9) "Career development" means the progressive development of employee capabilities to facilitate productivity, job satisfaction, and upward mobility through work assignments as well as education and training that are both state-sponsored and are achieved by individual employee efforts, all of which shall be consistent with the needs and obligations of the state and its agencies.

(10) "Training" means activities designed to develop job-related knowledge and skills of employees.

(11) "Director" means the director of personnel appointed under the provisions of RCW 41.06.130.

(12) "Institutions of higher education" means the University of Washington, Washington State University, Central Washington State University, Eastern Washington State University, Western Washington State University, The Evergreen State College, and the various community colleges.

(13) "Related boards" means the state board for community college education and such other boards, councils, and commissions related to higher education as may be established by the legislature.

Sec. 7. Section 4, chapter 1, Laws of 1961 as amended by section 22, chapter 36, Laws of 1969 ex. sess. and RCW 41.06.040 are each amended to read as follows:

The provisions of this chapter apply to:

(1) Each board, commission or other multimember body, including, but not limited to, those consisting in whole or in part of elective officers;

(2) Each agency, all institutions of higher education and related boards, and each employee and position therein, not expressly excluded or exempted under the provisions of RCW 41.06.070.

Sec. 8. Section 1, chapter 11, Laws of 1972 ex. sess. as last amended by section 2, chapter 210, Laws of 1984 and RCW 41.06.070 are each amended to read as follows:

The provisions of this chapter do not apply to:

(1) The members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers, and employees of the legislative council, legislative budget committee, statute law committee, and any interim committee of the legislature;

(2) The justices of the supreme court, judges of the court of appeals, judges of the superior courts or of the inferior courts, or to any employee of, or position in the judicial branch of state government;

(3) ((~~Officers, academic personnel, and employees of state institutions of higher education, the state board for community college education, and the higher education personnel board;~~)) (a) The persons in the following positions for each institution of higher education:

(i) Members of the governing board;

(ii) The president, vice president, and the confidential secretary for each;

(iii) Administrative and personnel assistant;

(iv) Deans, directors, and chairmen;

(v) Academic personnel; and

(vi) Executive heads of major academic divisions;

(b) Members of related boards;

(c) The director, the director's confidential secretary, and assistant directors of the state board for community college education;

(4) The officers of the Washington state patrol;

(5) Elective officers of the state;

(6) The chief executive officer of each agency;

(7) In the departments of employment security, fisheries, social and health services, the director and his confidential secretary; in all other departments, the executive head of which is an individual appointed by the governor, the director, his confidential secretary, and his statutory assistant directors;

(8) In the case of a multimember board, commission, or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or are otherwise chosen:

(a) All members of such boards, commissions, or committees;

(b) If the members of the board, commission, or committee serve on a part time basis and there is a statutory executive officer: (i) The secretary of the board, commission, or committee; (ii) the chief executive officer of the board, commission, or committee; and (iii) the confidential secretary of the chief executive officer of the board, commission, or committee;

(c) If the members of the board, commission, or committee serve on a full time basis: (i) The chief executive officer or administrative officer as designated by the board, commission, or committee; and (ii) a confidential secretary to the chairman of the board, commission, or committee;

(d) If all members of the board, commission, or committee serve ex officio: (i) The chief executive officer; and (ii) the confidential secretary of such chief executive officer;

(9) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state;

(10) Assistant attorneys general;

(11) Commissioned and enlisted personnel in the military service of the state;

(12) Inmate, student, part time, or temporary employees, and part time professional consultants, as defined by the state personnel board or the board having jurisdiction;

(13) The public printer or to any employees of or positions in the state printing plant;

(14) Officers and employees of the Washington state fruit commission;

(15) Officers and employees of the Washington state apple advertising commission;

(16) Officers and employees of the Washington state dairy products commission;

(17) Officers and employees of the Washington tree fruit research commission;

(18) Officers and employees of the Washington state beef commission;

(19) Officers and employees of any commission formed under the provisions of chapter 191, Laws of 1955, and chapter 15.66 RCW;

(20) Officers and employees of the state wheat commission formed under the provisions of chapter 87, Laws of 1961 (chapter 15.63 RCW);

(21) Officers and employees of agricultural commissions formed under the provisions of chapter 256, Laws of 1961 (chapter 15.65 RCW);

(22) Officers and employees of the nonprofit corporation formed under chapter 67.40 RCW;

(23) Liquor vendors appointed by the Washington state liquor control board pursuant to RCW 66.08.050: PROVIDED, HOWEVER, That rules and regulations adopted by the state personnel board pursuant to RCW 41.06.150 regarding the basis for, and procedures to be followed for, the dismissal, suspension, or demotion of an employee, and appeals therefrom shall be fully applicable to liquor vendors except those part time agency vendors employed by the liquor control board when, in addition to the sale of liquor for the state, they sell goods, wares, merchandise, or services as a self-sustaining private retail business;

(24) Executive assistants for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law;

(25) All employees of the marine employees' commission;

(26) In addition to the exemptions specifically provided by this chapter, the state personnel board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the personnel board stating the reasons for requesting such exemptions. The personnel board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection. If the board determines that the position for which exemption is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the personnel board shall grant the request and such determination shall be final. The total number of additional exemptions permitted under this subsection shall not exceed one hundred seventy-five for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The state personnel board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted pursuant to the provisions of this subsection, together with the reasons for such exemptions.

The salary and fringe benefits of all positions presently or hereafter exempted except for the chief executive officer of each agency, full time members of boards and commissions, administrative assistants and confidential secretaries in the immediate office of an elected state official, and the personnel listed in subsections (10) through (22) of this section, shall be determined by the state personnel board.

Any person holding a classified position subject to the provisions of this chapter shall, when and if such position is subsequently exempted from the application of this chapter, be afforded the following rights: If such person previously held permanent status in another classified position, such person shall have a right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary, within four years from the date of appointment to the exempt position. However, (a) upon the prior request of the appointing authority of the exempt position, the personnel board may approve one extension of no more than four years; and (b) if an appointment was accepted prior to July 10, 1982, then the four-year period shall begin on July 10, 1982.

Sec. 9. Section 2, chapter 12, Laws of 1970 ex. sess. and RCW 41.06.080 are each amended to read as follows:

Notwithstanding the provisions of this chapter, the department of personnel may make its services available on request, on a reimbursable basis, to:

(1) Either the legislative or the judicial branch of the state government;

(2) Any county, city, town, or other municipal subdivision of the state;

(3) ((~~The institutions of higher learning;~~

~~(4)~~)) Any agency, class, or position set forth in RCW 41.06.070.

Sec. 10. Section 16, chapter 1, Laws of 1961 as last amended by section 1, chapter 11, Laws of 1980 and RCW 41.06.160 are each amended to read as follows:

In preparing classification and salary schedules as set forth in RCW 41.06.150 as now or hereafter amended the department of personnel shall give full consideration to prevailing rates in other public employment and in private employment in this state. For this purpose the department shall undertake salary and fringe benefit surveys ((~~to be planned and conducted on a joint basis with the higher education personnel board~~)), with such surveys to be conducted at least each even-numbered year and completed by September 30 in the year prior to the convening of each one hundred five day regular session of the state legislature. The results of each salary and fringe benefit survey shall be forwarded with a recommended state salary schedule to the governor and director of financial management for their use in preparing budgets to be submitted to the succeeding legislature. A copy of the data and supporting documentation shall be furnished by the department of personnel to the standing committees for appropriations of the senate and house of representatives.

The department shall furnish the following supplementary data in support of its recommended salary schedule:

(1) A total dollar figure which reflects the recommended increase or decrease in state salaries as a direct result of the specific salary and fringe benefit survey that has been conducted and which is categorized to indicate what portion of the increase or decrease is represented by salary survey data and what portion is represented by fringe benefit survey data;

(2) An additional total dollar figure which reflects the impact of recommended increases or decreases to state salaries based on other factors rather than directly on prevailing rate data obtained through the survey process and which is categorized to indicate the sources of the requests for deviation from prevailing rates and the reasons for the changes;

(3) A list of class codes and titles indicating recommended monthly salary ranges for all state classes under the control of the department of personnel with((:

~~(a)~~)) those salary ranges which do not substantially conform to the prevailing rates developed from the salary and fringe benefit survey distinctly marked and an explanation of the reason for the deviation included((~~; and~~

(b) Those department of personnel classes which are substantially the same as classes being used by the higher education personnel board clearly marked to show the commonality of the classes between the two jurisdictions));

(4) A supplemental salary schedule which indicates the additional salary to be paid state employees for hazardous duties or other considerations requiring extra compensation under specific circumstances. Additional compensation for these circumstances shall not be included in the basic salary schedule but shall be maintained as a separate pay schedule for purposes of full disclosure and visibility; and

(5) A supplemental salary schedule which indicates those cases where the board determines that prevailing rates do not provide similar salaries for positions that require or impose similar responsibilities, judgment, knowledge, skills, and working conditions. This supplementary salary schedule shall contain proposed salary adjustments necessary to eliminate any such dissimilarities in compensation. Additional compensation needed to eliminate such salary dissimilarities shall not be included in the basic salary schedule but shall be maintained as a separate salary schedule for purposes of full disclosure and visibility.

It is the intention of the legislature that requests for funds to support recommendations for salary deviations from the prevailing rate survey data shall be kept to a minimum, and that the requests be fully documented when forwarded by the department of personnel. ((Further, it is the intention of the legislature that the department of personnel and the higher education personnel board jointly determine job classes which are substantially common to both jurisdictions and that basic salaries for these job classes shall be equal based on salary and fringe benefit survey findings.))

Salary and fringe benefit survey information collected from private employers which identifies a specific employer with the salary and fringe benefit rates which that employer pays to its employees shall not be subject to public disclosure under chapter 42.17 RCW.

Sec. 11. Section 28, chapter 1, Laws of 1961 as last amended by section 45, chapter 7, Laws of 1984 and RCW 41.06.280 are each amended to read as follows:

There is hereby created a fund within the state treasury, designated as the "Department of Personnel Service Fund," to be used by the board as a revolving fund for the payment of salaries, wages, and operations required for the administration of the provisions of this chapter and chapter 41.60 RCW. An amount not to exceed one percent of the approved allotments of salaries and wages for all positions in the classified service in each of the agencies subject to this chapter((~~, except the institutions of higher learning,~~)) shall be charged to the operations appropriations of each agency and credited to the department of personnel service fund as the allotments are approved pursuant to chapter 43.88 RCW. Subject to the above limitations, the amount shall be charged against the allotments pro rata, at a rate to be fixed by the director from time to time which, together with income derived from services rendered under RCW 41.06.080, will provide the department with funds to meet its anticipated expenditures during the allotment period.

The director of personnel shall fix the terms and charges for services rendered by the department of personnel pursuant to RCW 41.06.080, which amounts shall be credited to the department of personnel service fund and charged against the proper fund or appropriation of the recipient of such services on a quarterly basis. Payment for services so rendered under RCW 41.06.080 shall be made on a quarterly basis to the state treasurer and deposited by him in the department of personnel service fund.

Moneys from the department of personnel service fund shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the board.

Sec. 12. Section 12, chapter 311, Laws of 1981 and RCW 41.64.110 are each amended to read as follows:

Hearings on such appeals shall be open to the public, except for cases in which the board determines there is substantial reason for not having an open hearing or in cases where the employee so requests, and shall be informal with technical rules of evidence not applying to the proceedings except the rules of privilege recognized by law. Both the employee and his or her appointing agency shall be notified reasonably in advance of the hearing and may select representatives of their choosing, present and cross-examine witnesses, and give evidence before the board. Members of the board or the executive secretary may, and shall at the request of either party, issue subpoenas and subpoenas duces tecum. All testimony shall be on oath administered by a member of the board. The board shall certify to the superior court the facts of any refusals to obey a subpoena, take the oath, or testify. The court shall summarily hear the evidence on such refusal and, if the evidence warrants, punish such refusal in the same manner and to the same extent as for contempt committed before, or in connection with the proceedings of, the court. The board shall prepare an official record of the hearing, including all testimony, recorded manually or by mechanical device, and exhibits; but it may not be required to transcribe such record unless requested by the employee((. If requested, the board shall furnish a complete transcript upon payment of a reasonable charge therefor. The employee shall be reimbursed by the employing agency for the cost of a transcript used on appeal if the employee prevails before the court)), who shall be furnished with a complete transcript upon payment of a reasonable charge. However, payment of the cost of a transcript used on appeal shall await determination of the appeal and shall be made by the employing agency if the employee prevails.

NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.010;

(2) Section 2, chapter 36, Laws of 1969 ex. sess., section 41, chapter 169, Laws of 1977 ex. sess., section 14, chapter 53, Laws of 1982 1st ex. sess., section 1, chapter 75, Laws of 1983 1st ex. sess. and RCW 28B.16.020;

(3) Section 3, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.030;

(4) Section 4, chapter 36, Laws of 1969 ex. sess., section 1, chapter 94, Laws of 1977 ex. sess., section 15, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.040;

(5) Section 6, chapter 36, Laws of 1969 ex. sess., section 73, chapter 34, Laws of 1975-'76 2nd ex. sess., section 19, chapter 338, Laws of 1981 and RCW 28B.16.060;

(6) Section 7, chapter 36, Laws of 1969 ex. sess., section 1, chapter 23, Laws of 1983 and RCW 28B.16.070;

(7) Section 8, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.080;

(8) Section 9, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.090;

(9) Section 10, chapter 36, Laws of 1969 ex. sess., section 1, chapter 19, Laws of 1971 ex. sess., section 2, chapter 154, Laws of 1973, section 2, chapter 75, Laws of 1973 1st ex. sess., section 1, chapter 122, Laws of 1975 1st ex. sess., section 8, chapter 152, Laws of 1977 ex. sess., section 15, chapter 151, Laws of 1979, section 16, chapter 53, Laws of 1982 1st ex. sess., section 2, chapter 75, Laws of 1983 1st ex. sess. and RCW 28B.16.100;

(10) Section 9, chapter 152, Laws of 1977 ex. sess., section 19, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.101;

(11) Section 13, chapter 152, Laws of 1977 ex. sess., section 17, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.105;

(12) Section 11, chapter 36, Laws of 1969 ex. sess., section 2, chapter 122, Laws of 1975 1st ex. sess., section 10, chapter 152, Laws of 1977 ex. sess., section 16, chapter 151, Laws of 1979, section 3, chapter 11, Laws of 1980 and RCW 28B.16.110;

(13) Section 11, chapter 152, Laws of 1977 ex. sess., section 17, chapter 151, Laws of 1979 and RCW 28B.16.112;

(14) Section 12, chapter 152, Laws of 1977 ex. sess. and RCW 28B.16.113;

(15) Section 3, chapter 75, Laws of 1983 1st ex. sess. and RCW 28B.16.116;

(16) Section 12, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.120;

(17) Section 13, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.130;

(18) Section 14, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.140;

(19) Section 15, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.150;

(20) Section 16, chapter 36, Laws of 1969 ex. sess., section 72, chapter 81, Laws of 1971 and RCW 28B.16.160;

(21) Section 26, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.170;

(22) Section 17, chapter 36, Laws of 1969 ex. sess., section 3, chapter 46, Laws of 1973 1st ex. sess. and RCW 28B.16.180;

(23) Section 19, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.190;

(24) Section 20, chapter 36, Laws of 1969 ex. sess., section 18, chapter 151, Laws of 1979 and RCW 28B.16.200;

(25) Section 29, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.210;

(26) Section 31, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.220;

(27) Section 14, chapter 215, Laws of 1969 ex. sess., section 6, chapter 62, Laws of 1973 and RCW 28B.16.230;

(28) Section 1, chapter 46, Laws of 1979 ex. sess. and RCW 28B.16.240;

(29) Section 18, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.250;

(30) Section 21, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.260;

(31) Section 22, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.270;

(32) Section 20, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.280;

(33) Section 23, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.290;

(34) Section 18, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.900;

(35) Section 27, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.910;

(36) Section 30, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.920; and

(37) Section 28, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.930.

NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 15. This act shall take effect on January 1, 1986.