S-1016.1 _______________________________________________
SENATE BILL 5592
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senators McDonald, Owen, Sellar and Roach.
Read first time February 8, 1991. Referred to Committee on Commerce & Labor.
AN ACT Relating to purchasing services by contract; amending RCW 28B.16.040, 28B.16.240, and 41.06.380; adding a new section to chapter 43.19 RCW; adding a new section to chapter 28B.16 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 28B.16.040 and 1990 c 60 s 201 are each amended to read as follows:
(1) The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:
(((1)))
(a) Members of the governing board of each institution and related
boards, all presidents, vice presidents and their confidential secretaries,
administrative and personal assistants; deans, directors, and chairmen;
academic personnel; and executive heads of major administrative or academic
divisions employed by institutions of higher education; and any employee of a
community college district whose place of work is one which is physically
located outside the state of Washington and who is employed pursuant to RCW
28B.50.092 and assigned to an educational program operating outside of the state
of Washington.
(((2)))
(b) Student, part time, or temporary employees, and part time
professional consultants, as defined by the higher education personnel board,
employed by institutions of higher education and related boards.
(((3)))
(c) The director, his or her confidential secretary, assistant
directors, and professional education employees of the state board for
community college education.
(((4)))
(d) The personnel director of the higher education personnel board and
his or her confidential secretary.
(((5)))
(e) The governing board of each institution, and related boards, may
also exempt from this chapter, subject to the employees right of appeal to the
higher education personnel board, classifications involving research
activities, counseling of students, extension or continuing education
activities, graphic arts or publications activities requiring prescribed
academic preparation or special training, and principal assistants to executive
heads of major administrative or academic divisions, as determined by the
higher education personnel board: PROVIDED, That no nonacademic employee employed
directly by the institution of higher education or related boards engaged
in office, clerical, maintenance, or food and trade services may be exempted by
the higher education personnel board under this provision.
(f) Persons employed by an individual or business entity, or any individual that has contracted with an institution for higher education or related board for delivery of services.
(2) 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.
A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.
Sec. 2. RCW 28B.16.240 and 1979 ex.s. c 46 s 1 are each amended to read as follows:
((Nothing
contained in this chapter shall prohibit any)) An institution of
higher education, as defined in RCW 28B.10.016, or related board ((from
purchasing)) may purchase services by contract with individuals or
business entities ((if such services were regularly purchased by valid
contract at such institution prior to April 23, 1979: PROVIDED, That no such
contract may be executed or renewed if it would have the effect of terminating
classified employees or classified employee positions existing at the time of
the execution or renewal of the contract)) for the following services:
Printing, janitorial, including window washing, laundry, building maintenance,
telecommunications, security, groundskeeping, microfilming, and food service.
Sec. 3. RCW 41.06.380 and 1979 ex.s. c 46 s 2 are each amended to read as follows:
((Nothing
contained in this chapter shall prohibit any)) A department, as defined
in RCW 41.06.020, ((from purchasing)) may purchase services by
contract with individuals or business entities ((if such services were
regularly purchased by valid contract by such department prior to April 23,
1979: PROVIDED, That no such contract may be executed or renewed if it would
have the effect of terminating classified employees or classified employee
positions existing at the time of the execution or renewal of the contract))
for the following services: Printing, janitorial, including window washing,
laundry, building maintenance, telecommunications, security, groundskeeping,
microfilming, and food service.
NEW SECTION. Sec. 4. A new section is added to chapter 43.19 RCW to read as follows:
The department of general administration shall adopt rules regulating the purchase of services by state agencies and institutions. The rules may include provisions to:
(1) Establish contracts for a length of time long enough to attract prospective contractors, but short enough to maintain a competitive environment;
(2) Require sufficient specificity in the contract to ensure quality service delivery;
(3) Require a performance bond or some other demonstration of financial security from the contractor and include penalty provisions for not meeting contract specifications;
(4) Monitor contracts to ensure service quality and build monitoring costs into the evaluation of the cost-effectiveness of contracting; and
(5) Bid contracts far enough in advance to allow for a smooth transition between the state and private contractors and to avoid unreasonable dislocation of classified employees.
NEW SECTION. Sec. 5. A new section is added to chapter 28B.16 RCW to read as follows:
The higher education personnel board shall adopt rules regulating the purchase of services by institutions of higher education. The rules may include provisions to:
(1) Establish contracts for a length of time long enough to attract prospective contractors, but short enough to maintain a competitive environment;
(2) Require sufficient specificity in the contract to ensure quality service delivery;
(3) Require a performance bond or some other demonstration of financial security from the contractor and include penalty provisions for not meeting contract specifications;
(4) Monitor contracts to ensure service quality and build monitoring costs into the evaluation of the cost-effectiveness of contracting; and
(5) Bid contracts far enough in advance to allow for a smooth transition between the state and private contractors and to avoid unreasonable dislocation of classified employees.
NEW SECTION. Sec. 6. The department of general administration and the state higher education personnel board are each directed to study the impact of this act on their respective organizations, and submit reports to the Washington state senate and house of representatives by January 1994. The reports shall include a comparison of the use of contracting with private entities to provide public services versus the traditional practice of public employees providing public services. The reports shall also analyze the potential for expanding the practice of contracting with private entities to provide public services.