AN
ACT Relating to establishing procedures for compensation modifications for
state employees under chapter 41.06 RCW; amending RCW 41.06.150, 41.06.070, and
41.06.500; and adding a new section to chapter 41.06 RCW.
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:
(1)
The board shall adopt only those job classification revisions, class studies,
and salary adjustments under RCW 41.06.150(15) that:
(a)
Are due to documented recruitment and retention difficulties, salary
compression or inversion, increased duties and responsibilities, or
inequities. For these purposes, inequities are defined as similar work
assigned to different job classes with a salary disparity greater than 7.5
percent; and
(b)
Are such that the office of financial management has reviewed the agency's
fiscal impact statement and has concurred that the agency can absorb the
biennialized cost of the reclassification, class study, or salary adjustment
within the agency's current authorized level of funding for the current fiscal
biennium and subsequent fiscal biennia.
(2)
In addition to reclassifications, class studies, and salary adjustments under
subsection (1)(b) of this section, the board may approve other
reclassifications, class studies, and salary adjustments that meet the
requirements of subsection (1)(a) of this section and have been approved under
the procedures established under this subsection.
Before
the department of personnel's biennial budget request is due to the office of
financial management, the board shall prioritize requests for reclassifications,
class studies, and salary adjustments for the next fiscal biennium. The board
shall prioritize according to such criteria as are developed by the board
consistent with RCW 41.06.150(15)(a).
The
board shall submit the prioritized list to the governor's office and the fiscal
committees of the house of representatives and senate at the same time the
department of personnel's biennial budget request is submitted. The office of
financial management shall review the biennial cost of each proposed salary
adjustment on the board's prioritized list.
In
the biennial appropriations acts, the legislature may establish a level of
funding, from the state general fund and other accounts, to be applied by the
board to the prioritized list. Upon enactment of the appropriations act, the
board may approve reclassifications, class studies, and salary adjustments only
to the extent that the total cost does not exceed the level of funding
established in the appropriations acts and the board's actions are consistent
with the priorities established in the list. The legislature may also specify
or otherwise limit in the appropriations act the implementation dates for
actions approved by the board under this section.
(3)
This section does not apply to the higher education hospital special pay plan
or to any adjustments to the classification plan under RCW 41.06.150(15) that
are due to emergent conditions. Emergent conditions are defined as emergency
conditions requiring the establishment of positions necessary for the
preservation of the public health, safety, or general welfare.
Sec.
2. RCW
41.06.150 and 1995 2nd sp.s. c 18 s 911 are each amended to read as follows:
The
board shall adopt rules, consistent with the purposes and provisions of this
chapter, as now or hereafter amended, and with the best standards of personnel
administration, regarding the basis and procedures to be followed for:
(1)
The reduction, dismissal, suspension, or demotion of an employee;
(2)
Certification of names for vacancies, including departmental promotions, with
the number of names equal to six more names than there are vacancies to be
filled, such names representing applicants rated highest on eligibility lists:
PROVIDED, That when other applicants have scores equal to the lowest score
among the names certified, their names shall also be certified;
(3)
Examinations for all positions in the competitive and noncompetitive service;
(4)
Appointments;
(5)
Training and career development;
(6)
Probationary periods of six to twelve months and rejections of probationary
employees, depending on the job requirements of the class, except that entry
level state park rangers shall serve a probationary period of twelve months;
(7)
Transfers;
(8)
Sick leaves and vacations;
(9)
Hours of work;
(10)
Layoffs when necessary and subsequent reemployment, both according to
seniority;
(11)
Determination of appropriate bargaining units within any agency: PROVIDED,
That in making such determination the board shall consider the duties, skills,
and working conditions of the employees, the history of collective bargaining
by the employees and their bargaining representatives, the extent of
organization among the employees, and the desires of the employees;
(12)
Certification and decertification of exclusive bargaining representatives:
PROVIDED, That after certification of an exclusive bargaining representative
and upon the representative's request, the director shall hold an election
among employees in a bargaining unit to determine by a majority whether to
require as a condition of employment membership in the certified exclusive
bargaining representative on or after the thirtieth day following the beginning
of employment or the date of such election, whichever is the later, and the
failure of an employee to comply with such a condition of employment
constitutes cause for dismissal: PROVIDED FURTHER, That no more often than
once in each twelve-month period after expiration of twelve months following the
date of the original election in a bargaining unit and upon petition of thirty
percent of the members of a bargaining unit the director shall hold an election
to determine whether a majority wish to rescind such condition of employment:
PROVIDED FURTHER, That for purposes of this clause, membership in the certified
exclusive bargaining representative is satisfied by the payment of monthly or
other periodic dues and does not require payment of initiation, reinstatement,
or any other fees or fines and includes full and complete membership rights:
AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of
public employees, based on bona fide religious tenets or teachings of a church
or religious body of which such public employee is a member, such public
employee shall pay to the union, for purposes within the program of the union
as designated by such employee that would be in harmony with his or her
individual conscience, an amount of money equivalent to regular union dues
minus any included monthly premiums for union-sponsored insurance programs, and
such employee shall not be a member of the union but is entitled to all the
representation rights of a union member;
(13)
Agreements between agencies and certified exclusive bargaining representatives
providing for grievance procedures and collective negotiations on all personnel
matters over which the appointing authority of the appropriate bargaining unit
of such agency may lawfully exercise discretion;
(14)
Written agreements may contain provisions for payroll deductions of employee
organization dues upon authorization by the employee member and for the
cancellation of such payroll deduction by the filing of a proper prior notice
by the employee with the appointing authority and the employee organization:
PROVIDED, That nothing contained herein permits or grants to any employee the
right to strike or refuse to perform his or her official duties;
(15)
Adoption and revision of a comprehensive classification plan for all positions
in the classified service, based on investigation and analysis of the duties
and responsibilities of each such position.
(a)
The board shall not adopt job classification revisions or class studies unless
implementation of the proposed revision or study will result in net cost
savings, increased efficiencies, or improved management of personnel or
services, and the proposed revision or study has been approved by the director
of financial management in accordance with chapter 43.88 RCW.
(b)
Beginning July 1, 1995, through June 30, 1997, in addition to the
requirements of (a) of this subsection:
(((a)))
(i) The board may approve the implementation of salary increases
resulting from adjustments to the classification plan during the 1995-97 fiscal
biennium only if:
(((i)))
(A) The implementation will not result in additional net costs and the
proposed implementation has been approved by the director of financial
management in accordance with chapter 43.88 RCW;
(((ii)))
(B) The implementation will take effect on July 1, 1996, and the total
net cost of all such actions approved by the board for implementation during
the 1995-97 fiscal biennium does not exceed the amounts specified by the
legislature specifically for this purpose; or
(((iii)))
(C) The implementation is a result of emergent conditions. Emergent
conditions are defined as ((newly mandated programs for which moneys are not
appropriated,)) emergency situations requiring the establishment of
positions necessary for the preservation of the public health, safety, or
general welfare, ((and related issues)) which do not exceed $250,000 of
the moneys identified in section 718(2), chapter 18, Laws of 1995 2nd sp. sess.
(((b)
The board may approve the implementation of salary increases resulting from
adjustments to the classification plan for implementation in the 1997-99 fiscal
biennium only if the implementation will not result in additional net costs or
the implementation has been approved by the legislature in the omnibus
appropriations act or other legislation.
(c))) (ii)
The board shall approve only those salary increases resulting from adjustments
to the classification plan if they are due to documented recruitment and retention
difficulties, salary compression or inversion, increased duties and
responsibilities, or inequities. For these purposes, inequities are defined as
similar work assigned to different job classes with a salary disparity greater
than 7.5 percent.
(((d)))
(iii) Adjustments made to the higher education hospital special pay plan
are exempt from (((a) through (c))) (b)(i) through (ii) of this
subsection;
(c)
Reclassifications, class studies, and salary adjustments to be implemented
during the 1997-99 and subsequent fiscal biennia are governed by (a) of this
subsection and section 1 of this act.
(16)
Allocation and reallocation of positions within the classification plan;
(17)
Adoption and revision of a state salary schedule to reflect the prevailing
rates in Washington state private industries and other governmental units but
the rates in the salary schedules or plans shall be increased if necessary to
attain comparable worth under an implementation plan under RCW 41.06.155 and
that, for institutions of higher education and related boards, shall be
competitive for positions of a similar nature in the state or the locality in
which an institution of higher education or related board is located, such
adoption and revision subject to approval by the director of financial
management in accordance with the provisions of chapter 43.88 RCW;
(18)
Increment increases within the series of steps for each pay grade based on
length of service for all employees whose standards of performance are such as
to permit them to retain job status in the classified service;
(19)
Providing for veteran's preference as required by existing statutes, with
recognition of preference in regard to layoffs and subsequent reemployment for
veterans and their surviving spouses by giving such eligible veterans and their
surviving spouses additional credit in computing their seniority by adding to
their unbroken state service, as defined by the board, the veteran's service in
the military not to exceed five years. For the purposes of this section,
"veteran" means any person who has one or more years of active
military service in any branch of the armed forces of the United States or who
has less than one year's service and is discharged with a disability incurred in
the line of duty or is discharged at the convenience of the government and who,
upon termination of such service has received an honorable discharge, a
discharge for physical reasons with an honorable record, or a release from
active military service with evidence of service other than that for which an
undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED,
HOWEVER, That the surviving spouse of a veteran is entitled to the benefits of
this section regardless of the veteran's length of active military service:
PROVIDED FURTHER, That for the purposes of this section "veteran"
does not include any person who has voluntarily retired with twenty or more
years of active military service and whose military retirement pay is in excess
of five hundred dollars per month;
(20)
Permitting agency heads to delegate the authority to appoint, reduce, dismiss,
suspend, or demote employees within their agencies if such agency heads do not
have specific statutory authority to so delegate: PROVIDED, That the board may
not authorize such delegation to any position lower than the head of a major
subdivision of the agency;
(21)
Assuring persons who are or have been employed in classified positions before
July 1, 1993, will be eligible for employment, reemployment, transfer, and
promotion in respect to classified positions covered by this chapter;
(22)
Affirmative action in appointment, promotion, transfer, recruitment, training,
and career development; development and implementation of affirmative action
goals and timetables; and monitoring of progress against those goals and
timetables.
The
board shall consult with the human rights commission in the development of
rules pertaining to affirmative action. The department of personnel shall
transmit a report annually to the human rights commission which states the
progress each state agency has made in meeting affirmative action goals and
timetables.
Sec.
3. RCW
41.06.070 and 1995 c 163 s 1 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)
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;
(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;
(y)
All employees of the marine employees' commission;
(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 (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), (y), (z), and (2) of this section,
shall be determined by the Washington personnel resources board. However,
beginning with changes proposed for the 1997-99 fiscal biennium, changes to the
classification plan affecting exempt salaries must meet the same provisions for
classified salary increases resulting from adjustments to the classification
plan as outlined in section 1 of this act.
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.
Sec.
4. RCW
41.06.500 and 1993 c 281 s 9 are each amended to read as follows:
(1)
Except as provided in RCW 41.06.070, notwithstanding any other provisions of
this chapter, the director is authorized to adopt, after consultation with
state agencies and employee organizations, rules for managers as defined in RCW
41.06.022. These rules shall not apply to managers employed by institutions of
higher education or related boards or whose positions are exempt. The rules
shall govern recruitment, appointment, classification and allocation of
positions, examination, training and career development, hours of work,
probation, certification, compensation, transfer, affirmative action,
promotion, layoff, reemployment, performance appraisals, discipline, and any
and all other personnel practices for managers. These rules shall be separate
from rules adopted by the board for other employees, and to the extent that the
rules adopted apply only to managers shall take precedence over rules adopted
by the board, and are not subject to review by the board.
(2)
In establishing rules for managers, the director shall adhere to the following
goals:
(a)
Development of a simplified classification system that facilitates movement of
managers between agencies and promotes upward mobility;
(b)
Creation of a compensation system consistent with the policy set forth in RCW
41.06.150(17). The system shall provide flexibility in setting and changing
salaries, and shall require review and approval by the director in the case
of any salary changes greater than five percent proposed for any group of
employees;
(c)
Establishment of a performance appraisal system that emphasizes individual
accountability for program results and efficient management of resources;
effective planning, organization, and communication skills; valuing and
managing workplace diversity; development of leadership and interpersonal
abilities; and employee development;
(d)
Strengthening management training and career development programs that build
critical management knowledge, skills, and abilities; focusing on managing and
valuing workplace diversity; empowering employees by enabling them to share in
workplace decision making and to be innovative, willing to take risks, and able
to accept and deal with change; promoting a workplace where the overall focus
is on the recipient of the government services and how these services can be
improved; and enhancing mobility and career advancement opportunities;
(e)
Permitting flexible recruitment and hiring procedures that enable agencies to
compete effectively with other employers, both public and private, for managers
with appropriate skills and training; allowing consideration of all qualified
candidates for positions as managers; and achieving affirmative action goals
and diversity in the workplace;
(f)
Providing that managers may only be reduced, dismissed, suspended, or demoted
for cause; and
(g) Facilitating decentralized and regional administration.
