AN
ACT Relating to the provisional employment of sheriff's employees; and amending
RCW 41.14.060.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
41.14.060 and 1979 ex.s. c 153 s 2 are each amended to read as follows:
It
shall be the duty of the civil service commission:
(1)
To make suitable rules and regulations not inconsistent with the provisions
hereof. Such rules and regulations shall provide in detail the manner in which
examinations may be held, and appointments, promotions, reallocations,
transfers, reinstatements, demotions, suspensions, and discharges shall be
made, and may also provide for any other matters connected with the general
subject of personnel administration, and which may be considered desirable to
further carry out the general purposes of this chapter, or which may be found
to be in the interest of good personnel administration. The rules and
regulations and any amendments thereof shall be printed, mimeographed, or
multigraphed for free public distribution. Such rules and regulations may be
changed from time to time.
(2)
To give practical tests which shall consist only of subjects which will fairly
determine the capacity of persons examined to perform duties of the position to
which appointment is to be made. Such tests may include tests of physical
fitness or manual skill or both.
(3)
To make investigations concerning and report upon all matters touching the
enforcement and effect of the provisions of this chapter, and the rules and
regulations prescribed hereunder; to inspect all departments, offices, places,
positions, and employments affected by this chapter, and ascertain whether this
chapter and all such rules and regulations are being obeyed. Such
investigations may be made by the commission or by any commissioner designated
by the commission for that purpose. Not only must these investigations be made
by the commission as aforesaid, but the commission must make like investigation
on petition of a citizen, duly verified, stating that irregularities or abuses
exist, or setting forth in concise language, in writing, the necessity for such
investigation. In the course of such investigation the commission or
designated commissioner, or chief examiner, may administer oaths, subpoena and
require the attendance of witnesses and the production by them of books,
papers, documents, and accounts appertaining to the investigation and also cause
the deposition of witnesses residing within or without the state to be taken in
the manner prescribed by law for like depositions in civil actions in the
superior court; and the oaths administered and the subpoenas issued hereunder
shall have the same force and effect as the oaths administered and subpoenas
issued by a superior court judge in his judicial capacity; and the failure of
any person so subpoenaed to comply with the provisions of this section shall be
deemed a violation of this chapter, and punishable as such.
(4)
To conduct hearings and investigations in accordance with this chapter and by
the rules of practice and procedure adopted by the commission, and in the
conduct thereof neither the commission, nor designated commissioner shall be
bound by technical rules of evidence. No informality in any proceedings or
hearing, or in the manner of taking testimony before the commission or
designated commissioner, shall invalidate any order, decision, rule, or
regulation made, approved, or confirmed by the commission: PROVIDED, That no
order, decision, rule, or regulation made by any designated commissioner
conducting any hearing or investigation alone shall be of any force or effect
whatsoever unless and until concurred in by at least one of the other two
members.
(5)
To hear and determine appeals or complaints respecting the allocation of
positions, the rejection of an examinee, and such other matters as may be
referred to the commission.
(6)
To provide for, formulate, and hold competitive tests to determine the relative
qualifications of persons who seek employment in any class or position and as a
result thereof establish eligible lists for the various classes of positions,
and provide that persons laid off, or who have accepted voluntary demotion in
lieu of layoff, because of curtailment of expenditures, reduction in force, and
for like causes, head the list in the order of their seniority, to the end that
they shall be the first to be reemployed or reinstated in their former job
class.
(7)
To certify to the appointing authority, when a vacant position is to be filled,
on written request, the names of the three persons highest on the eligible list
for the class. If there is no such list, to authorize a provisional or
temporary appointment list for such class. ((Such temporary provisional
appointment shall not continue for a period longer than four months; nor shall
any person receive more than one provisional appointment or serve more than
four months as provisional appointee in any one fiscal year.)) A
temporary appointment expires after four months. However, the appointing
authority may extend the temporary appointment beyond the four-month period up
to one year if the commission continues to advertise and test for the
position. If, after one year from the date the initial temporary appointment
was first made, there are less than three persons on the eligible list for the
class, then the appointing authority may fill the position with any person or
persons on the eligible list.
(8) To keep such records as may be necessary for the proper
administration of this chapter.
