AN ACT Relating to transfer of county sheriff's
office employees; amending RCW 41.12.050; and adding new sections to chapter
35.13 RCW.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 41.12.050 and 1987 c 339 s 2 are each amended to read as follows:
The classified civil service and provisions of
this chapter shall include all full paid employees of the police department of
each city, town or municipality coming within its purview, except that
individuals appointed as police chief after July 1, 1987, to a department with
six or more commissioned officers, including the police chief, may be excluded
by the legislative body of the city, town or municipality. All appointments to
and promotions in ((said)) the department shall be made solely on
merit, efficiency and fitness except as provided in sections 2 through 6 of
this act, which shall be ascertained by open competitive examination and
impartial investigation. No person shall be reinstated in or transferred,
suspended or discharged from any such place, position or employment contrary to
the provisions of this chapter.
NEW SECTION. Sec. 2. It
is the purpose of sections 2 through 6 of this act to require the lateral
transfer of any qualified county sheriff's employee who, by reason of
annexation or incorporation of an unincorporated area of a county, will or is
likely to be laid off due to sheriff's department cutbacks resulting from the
loss of the unincorporated law enforcement responsibility.
NEW SECTION. Sec. 3.
When any portion of an unincorporated area of a county is to be annexed or
incorporated into a city, code city, or town, any employee of the sheriff's
office of the county may transfer his or her employment to the police
department of the city, code city, or town as provided in sections 2 through 6
of this act if the employee: (1) Was, at the time the annexation or
incorporation occurred, employed exclusively or principally in performing the
powers, duties, and functions of the county sheriff's office; (2) will, as a
direct consequence of the annexation or incorporation, be separated from the
employ of the county; and (3) can perform the duties and meets the city's, code
city's or town's minimum standards and qualifications of the position to be
filled within their police department.
Nothing in this section or sections 4 of this
act requires a city, code city, or town to accept the voluntary transfer of
employment of a person who will not be laid off due to his or her seniority
status.
NEW SECTION. Sec. 4.
(1) An eligible employee under section 3 of this act may transfer into the
civil service system for the police department by filing a written request with
the civil service commission of the affected city, code city, or town and by
giving written notice thereof to the legislative authority of the county. Upon
receipt of such request by the civil service commission the transfer shall be
made. The employee so transferring will: (a) Be on probation for the same
period as are new employees in the same classification of the police
department; (b) be eligible for promotion after completion of the probationary
period in compliance with existing civil service rules pertaining to lateral
transfers based upon combined service time; (c) receive a salary at least equal
to that of other new employees in the same classification of the police
department; and (d) in all other matters, such as sick leave and vacation,
have, within the civil service system, all the rights, benefits, and privileges
that the employee would have been entitled to had he or she been a member of
the police department from the beginning of his or her employment with the
county. The county is responsible for compensating an employee for benefits
accrued while employed with the sheriff's office unless a different agreement
is reached between the county and the city, code city, or town. No accrued
benefits are transferable to the recipient agency unless the recipient agency
agrees to accept the accrued benefits. All benefits shall then accrue based on
the combined seniority of each employee in the recipient agency. The county
shall, upon receipt of such notice, transmit to the civil service commission a
record of the employee's service with the county which shall be credited to the
employee as a part of his or her period of employment in the police
department. For purposes of layoffs by the city, code city, or town, only the
time of service accrued with the city, code city, or town shall apply unless an
agreement is reached between the collective bargaining representatives of the
police department and sheriff's office employees and the police department and
sheriff's office.
(2) Only as many of the transferring employees
shall be placed upon the payroll of the police department as the city, code
city, or town determines are needed to provide an adequate level of law
enforcement service. The needed employees shall be taken in order of seniority
and the remaining employees who transfer as provided in sections 2 through 6 of
this act shall head the list of their respective class or job listing exclusive
of rank in the civil service system in order of their seniority, so that they
shall be the first to be employed in the police department as vacancies become
available. Employees who are not immediately hired by the city, code city, or
town shall be placed on a reemployment list for a period not to exceed
thirty-six months unless a longer period is authorized by an agreement reached
between the collective bargaining representatives of the police department and
sheriff's office employees and the police department and sheriff's office. The
county sheriff's office must rehire former employees who are placed on the
city's reemployment list before it can hire anyone else to perform the same
duties previously performed by these employees who were laid off.
(3) The thirty-six month period contained in
subsection (2) of this section shall commence:
(a) On the effective date of the annexation in
cases of annexation; and
(b) On the date when the city creates its own
police department in cases of incorporation.
(4) The city, code city, or town shall retain
the right to select the police chief regardless of seniority.
NEW SECTION. Sec. 5. In
addition to its other duties prescribed by law, the civil service commission
shall make rules necessary to provide for the orderly integration of employees
of a county sheriff's office to the police department of the city, code city,
or town pursuant to sections 2 through 6 of this act.
NEW SECTION. Sec. 6.
When any portion of an unincorporated area of a county is to be annexed or
incorporated into a city, code city, or town and layoffs will result in the
county sheriff's office, employees so affected shall be notified of their right
to transfer. The affected employees shall have ninety days after the
commencement of the thirty-six month period as specified in section 4(3) of
this act to file a request to transfer their employment to the police
department of the city, code city, or town under sections 2 through 6 of this
act.
NEW SECTION. Sec. 7.
Sections 2 through 6 of this act are each added to chapter 35.13 RCW.
