AN ACT Relating to the
repeal of liquor vendors' appeals as authorized by RCW 41.06.150; amending RCW
41.06.070; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 41.06.070 and 1994 c
264 s 13 are each amended to read as follows:
(1) The provisions of
this chapter do not apply to:
(a) 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;
(b) 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;
(c) Officers, academic
personnel, and employees of technical colleges;
(d) The officers of the
Washington state patrol;
(e) Elective officers
of the state;
(f) The chief executive
officer of each agency;
(g) In the departments
of employment security and social and health services, the director and the
director's confidential secretary; in all other departments, the executive head
of which is an individual appointed by the governor, the director, his or her
confidential secretary, and his or her statutory assistant directors;
(h) 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:
(i) All members of such
boards, commissions, or committees;
(ii) If the members of
the board, commission, or committee serve on a part-time basis and there is a
statutory executive officer: The secretary of the board, commission, or
committee; the chief executive officer of the board, commission, or committee;
and the confidential secretary of the chief executive officer of the board,
commission, or committee;
(iii) If the members of
the board, commission, or committee serve on a full-time basis: The chief
executive officer or administrative officer as designated by the board,
commission, or committee; and a confidential secretary to the chair of the
board, commission, or committee;
(iv) If all members of
the board, commission, or committee serve ex officio: The chief executive
officer; and the confidential secretary of such chief executive officer;
(i) The confidential
secretaries and administrative assistants in the immediate offices of the
elective officers of the state;
(j) Assistant attorneys
general;
(k) Commissioned and
enlisted personnel in the military service of the state;
(l) Inmate, student,
part-time, or temporary employees, and part-time professional consultants, as
defined by the Washington personnel resources board;
(m) The public printer
or to any employees of or positions in the state printing plant;
(n) Officers and
employees of the Washington state fruit commission;
(o) Officers and
employees of the Washington state apple advertising commission;
(p) Officers and
employees of the Washington state dairy products commission;
(q) Officers and
employees of the Washington tree fruit research commission;
(r) Officers and
employees of the Washington state beef commission;
(s) Officers and
employees of any commission formed under chapter 15.66 RCW;
(t) Officers and
employees of the state wheat commission formed under chapter 15.63 RCW;
(u) Officers and
employees of agricultural commissions formed under chapter 15.65 RCW;
(v) Officers and
employees of the nonprofit corporation formed under chapter 67.40 RCW;
(w) ((Liquor vendors
appointed by the Washington state liquor control board pursuant to RCW
66.08.050: PROVIDED, HOWEVER, That rules adopted by the Washington personnel
resources 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;
(x))) 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;
(((y))) (x)
In each agency with fifty or more employees: Deputy agency heads, assistant
directors or division directors, and not more than three principal policy
assistants who report directly to the agency head or deputy agency heads;
(((z))) (y)
All employees of the marine employees' commission;
(((aa))) (z)
Up to a total of five senior staff positions of the western library network
under chapter 27.26 RCW responsible for formulating policy or for directing
program management of a major administrative unit. This subsection (1)(z)
shall expire on June 30, 1997.
(2) The following
classifications, positions, and employees of institutions of higher education
and related boards are hereby exempted from coverage of this chapter:
(a) Members of the
governing board of each institution of higher education and related boards, all
presidents, vice-presidents and their confidential secretaries, administrative
and personal assistants; deans, directors, and chairs; academic personnel; and
executive heads of major administrative or academic divisions employed by
institutions of higher education; principal assistants to executive heads of
major administrative or academic divisions; other managerial or professional
employees in an institution or related board having substantial responsibility
for directing or controlling program operations and accountable for allocation
of resources and program results, or for the formulation of institutional
policy, or for carrying out personnel administration or labor relations
functions, legislative relations, public information, development, senior
computer systems and network programming, or internal audits and
investigations; 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;
(b) Student, part-time,
or temporary employees, and part-time professional consultants, as defined by
the Washington personnel resources board, employed by institutions of higher
education and related boards;
(c) The governing board
of each institution, and related boards, may also exempt from this chapter
classifications involving research activities, counseling of students,
extension or continuing education activities, graphic arts or publications
activities requiring prescribed academic preparation or special training as
determined by the board: PROVIDED, That no nonacademic employee engaged in
office, clerical, maintenance, or food and trade services may be exempted by
the board under this provision;
(d) Printing craft
employees in the department of printing at the University of Washington.
(3) In addition to the
exemptions specifically provided by this chapter, the Washington personnel
resources 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 Washington personnel resources board stating the reasons
for requesting such exemptions. The Washington personnel resources 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
Washington personnel resources board shall grant the request and such
determination shall be final as to any decision made before July 1, 1993. The
total number of additional exemptions permitted under this subsection shall not
exceed one percent of the number of employees in the classified service not
including employees of institutions of higher education and related boards 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 Washington personnel resources board shall report to each
regular session of the legislature during an odd-numbered year all exemptions
granted under subsections (1) (w) and (x) ((and (y))) and (2) of
this section, 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 (1) (j)
through (v) and (2) of this section, shall be determined by the Washington
personnel resources 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.
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.
NEW
SECTION. Sec. 2. 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.
