AN ACT Relating to the
clarification of employee transfer rights for fire fighters; amending RCW
35.10.365, 35.10.520, 35.13.225, 52.04.121, and 52.06.120; and declaring an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 35.10.365 and 1986 c
254 s 5 are each amended to read as follows:
(1) An eligible
employee may transfer into the civil service system of the annexing city, code
city, or town by filing a written request with the city, code city,
or town civil service commission. 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, but if the transferring employee has already
completed a probationary period as a fire fighter prior to the transfer, then
the employee may only be terminated during the probationary period for failure
to adequately perform assigned duties, not meeting the minimum qualifications
of the position, or behavior that would otherwise be subject to disciplinary
action, (b) be eligible for promotion no later than 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, sick leave, and vacation, have, within
the city, code 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 annexed city, code city, or town fire department from the
beginning of his or her employment with the former city or code city fire
department: PROVIDED, That for purposes of layoffs by the annexing city or
code city, only the time of service accrued with the annexing city or code city
shall apply unless an agreement is reached between the collective bargaining
representatives of the employees of the annexing and annexed fire agencies and
the annexing and annexed fire agencies. A record of the employee's service
with the former city or code city fire department shall be transmitted to the
applicable civil service commission which shall be credited to such employee as
a part of the period of employment in the annexed city, code city, or
town fire department. All accrued benefits are transferable provided that the
recipient agency provides comparable benefits. All benefits shall then accrue
based on the combined seniority of each employee in the recipient agency.
(2) As many of the
transferring employees shall be placed upon the payroll of the annexing city,
code 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 RCW 35.10.360 and 35.10.370 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, code city, or town fire department
when appropriate positions become available: PROVIDED, That 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 employees of the annexing and annexed fire
agencies and the annexing and annexed fire agencies.
Sec. 2. RCW 35.10.520 and 1986 c
254 s 2 are each amended to read as follows:
(1) An eligible
employee may transfer into the civil service system of the consolidated city or
code city by filing a written request with the civil service commission of the
consolidated 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, but if the transferring employee has already
completed a probationary period as a fire fighter prior to the transfer, then
the employee may only be terminated during the probationary period for failure
to adequately perform assigned duties, not meeting the minimum qualifications
of the position, or behavior that would otherwise be subject to disciplinary
action, (b) be eligible for promotion no later than 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, sick leave, and vacation, have, within
the city or code 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 fire department from the beginning of his or her employment with the
former city or code city fire department: PROVIDED, That for purposes of
layoffs by the consolidated city or code city, only the time of service accrued
with the consolidated city or code city shall apply unless an agreement is
reached between the collective bargaining representatives of the employees of
the consolidating fire agencies and consolidated agencies and the
consolidating and consolidated fire agencies. A record of the employee's
service with the former city or code city fire department shall be transmitted
to the applicable civil service commission and shall be credited to such
employee as a part of the period of employment in the consolidated city fire department.
All accrued benefits are transferable provided that the recipient agency
provides comparable benefits. All benefits shall then accrue based on the
combined seniority of each employee in the recipient agency.
(2) As many of the
transferring employees shall be placed upon the payroll of the consolidated
city or code city fire department as the department determines are needed to
provide services. These needed employees shall be taken in order of greatest
seniority from any of the seniority lists of the consolidating city or code
city and the remaining employees who transfer as provided in this section and
RCW 35.10.510 and 35.10.530 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: PROVIDED, That 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
employees of the consolidating fire agencies and consolidated fire agency and
the consolidating and consolidated fire agencies.
(3) The consolidated
city or code city shall retain the right to select the fire chief and assistant
fire chiefs regardless of seniority.
Sec. 3. RCW 35.13.225 and 1986 c
254 s 8 are each amended to read as follows:
(1) An eligible
employee may transfer into the civil service system of the city, code city,
or town fire department by filing a written request with the city, code 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, code city, or town fire
department in the position filled, but if the transferring employee has
already completed a probationary period as a fire fighter prior to the
transfer, then the employee may only be terminated during the probationary
period for failure to adequately perform assigned duties, not meeting the
minimum qualifications of the position, or behavior that would otherwise be
subject to disciplinary action, (b) be eligible for promotion no later
than after completion of the probationary period ((as completed)),
(c) receive a salary at least equal to that of other new employees of the city,
code city, or town fire department in the position filled, and (d) in
all other matters, such as retirement, sick leave, and vacation, have, within
the city, code 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, code city, or town fire department from the
beginning of employment with the fire protection district: PROVIDED, That for
purposes of layoffs by the annexing fire agency, only the time of service
accrued with the annexing agency shall apply unless an agreement is reached
between the collective bargaining representatives of the employees of the
annexing and annexed fire agencies and the annexing and annexed fire agencies.
The board of commissioners of the fire protection district shall, upon receipt
of such notice, transmit to any applicable 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,
code city, or town fire department. All accrued benefits are
transferable provided that the recipient agency provides comparable benefits.
All benefits shall then accrue based on the combined seniority of each employee
in the recipient agency.
(2) As many of the
transferring employees shall be placed upon the payroll of the city, code 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 RCW 35.13.215
and 35.13.235 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, code city, or town fire department when
appropriate positions become available: PROVIDED, That 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 employees of the annexing and annexed fire agencies and
the annexing and annexed fire agencies.
Sec. 4. RCW 52.04.121 and 1986 c
254 s 11 are each amended 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, code 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, but if
the transferring employee has already completed a probationary period as a fire
fighter prior to the transfer, then the employee may only be terminated during
the probationary period for failure to adequately perform assigned duties, not
meeting the minimum qualifications of the position, or behavior that would
otherwise be subject to disciplinary action, (b) be eligible for promotion no
later than 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, and sick leave, 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, code
city, or town fire department: PROVIDED, That for purposes of layoffs
by the annexing fire agency, only the time of service accrued with the annexing
agency shall apply unless an agreement is reached between the collective
bargaining representatives of the employees of the annexing and annexed fire
agencies and the annexing and annexed fire agencies. The city, code 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, code city,
or town which shall be credited to such employee as a part of the period of
employment in the fire protection district. All accrued benefits are
transferable provided that the recipient agency provides comparable benefits.
All benefits shall then accrue based on the combined seniority of each employee
in the recipient agency.
(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 RCW 52.04.111 and
52.04.131 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: PROVIDED, That employees who are not immediately hired by the fire
protection district 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 employees of
the annexing and annexed fire agencies and the annexing and annexed fire
agencies.
Sec. 5. RCW 52.06.120 and 1986 c
254 s 14 are each amended 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, but if the transferring employee has already completed
a probationary period as a fire fighter prior to the transfer, then the
employee may only be terminated during the probationary period for failure to
adequately perform assigned duties, not meeting the minimum qualifications of
the position, or behavior that would otherwise be subject to disciplinary
action, (b) be eligible for promotion no later than 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,
and sick leave, 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: PROVIDED, That for purposes
of layoffs by the merger fire agency, only the time of service accrued with the
merger agency shall apply unless an agreement is reached between the collective
bargaining representatives of the employees of the merging and merger fire
agencies and the merging and merger fire agencies. 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. All accrued benefits are transferable provided that the
recipient agency provides comparable benefits. All benefits shall then accrue
based on the combined seniority of each employee in the recipient agency.
(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 RCW 52.06.110 and 52.06.130 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: PROVIDED, That employees who are not immediately hired by
the fire protection district 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
employees of the merging and merged fire agencies and the merging and merged
fire agencies.
NEW
SECTION. Sec. 6. This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately.
