Brief Description: Modifying the definition of manager under the state civil service law.

Sponsors: Representatives Armstrong, Haigh, Orcutt, Condotta, O'Brien, Conway, Haler, Wood, Newhouse, Ericks, Hunt, Curtis, Sump, Morris, Clements, Linville, Hinkle, Pettigrew, Buck, Kessler, Williams, Dunn, Skinner, Campbell, Woods, Buri and Alexander.

Hearing Date: 2/25/05

Staff: Hannah Lidman (786-7291).

Background:

The Washington Management Service (WMS) was established in 1993 as a separate personnel system for management positions within the executive branch of state government. Its statutory purpose is to develop and maintain a professional managerial workforce, and to provide agencies with increased flexibility for their management positions in the areas of hiring and setting compensation.

The WMS applies to classified management positions in the state's civil service system, known as Merit System 1. There are two groups of executive branch managers not included within the WMS:

• Exempt positions statutorily exempt from civil service rules, including many of the highest ranking positions within an agency, such as agency directors, deputy directors, assistant directors, division directors, and high-ranking policy assistants; and
• Positions within other personnel systems such as higher education, marine transportation, and state printer employees.

The WMS rules govern recruitment, appointment, classification, training and career development, hours of work, probation, compensation, transfer, promotion, layoff, re-employment, discipline, and other personnel practices for managers. WMS managers will be prohibited from belonging to a collective bargaining unit as of July 1, 2005.

Employees who meet any one of the following five criteria are "managers" included in the WMS:

• formulate state-wide policy or direct the work of an agency or agency subdivision;
• administer at least one state-wide agency or subdivision policy or program;
• manage, administer, and control a local branch office of an agency or subdivision, including physical, financial, or personnel resources;
• have substantial personnel, legislative, public information, or budget responsibilities; or
• be above the first level of supervision, exercise authority that is not merely routine or clerical, and consistently use independent judgment.

Summary of Bill:

Employees who meet all three of the following criteria are "managers" included in the WMS:

• formulate state-wide policy or direct the work of an agency or agency subdivision;
• administer at least one state-wide policy or program; and
• either: (a) be above the first level of supervision, exercise authority that is not merely routine or clerical, and use independent judgment; or (b) have substantial personnel, legislative, public information, or budget responsibilities.

No more than 7 percent of an agency's work force may be in the WMS, excluding employee positions separately funded with non-state funds.

Appropriation: None.

Fiscal Note: Requested on February 16, 2005.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.