Passed by the Senate March 6, 2009 YEAS 43   ________________________________________ President of the Senate Passed by the House April 1, 2009 YEAS 63   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5808 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/23/09.
AN ACT Relating to the annexation of unincorporated areas served by fire protection districts; amending RCW 35.10.360, 35.10.365, 35.13.130, 35.13.215, and 35.13.225; adding new sections to chapter 35.13 RCW; adding a new section to chapter 35.103 RCW; adding new sections to chapter 35A.14 RCW; and adding a new section to chapter 35A.92 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 35.10.360 and 1986 c 254 s 4 are each amended to read
as follows:
(1) If any portion of a fire protection district is proposed for
annexation to or incorporation into a city, code city, or town, both
the fire protection district and the city, code city, or town shall
jointly inform the employees of the fire protection district about
hires, separations, terminations, and any other changes in employment
that are a direct consequence of annexation or incorporations at the
earliest reasonable opportunity.
(2) Upon the annexation of two or more cities or code cities, any
employee of the fire department of the former city or cities who
(((1))) (a) was at the time of annexation employed exclusively or
principally in performing the powers, duties, and functions which are
to be performed by the fire department of the annexed city or code
city, as the case may be, (((2))) (b) will, as a direct consequence of
annexation, be separated from the employ of the former city, code city
or town, and (((3))) (c) can perform the duties and meet the minimum
requirements of the position to be filled, then such employee may
transfer employment to the fire department of the annexing city, as
provided in this section and RCW 35.10.365 and 35.10.370.
(3) For purposes of this section and RCW 35.10.365 and 35.10.370,
employee means an individual whose employment has been terminated
because of annexation by a city, code city or town.
Sec. 2 RCW 35.10.365 and 1994 c 73 s 1 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)) the request by the civil service commission, the
transfer of employment ((shall)) must 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 firefighter 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, (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.)) The
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.
(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
(2)(a) Upon transfer, an employee is entitled to the employee
rights, benefits, and privileges to which he or she would have been
entitled as an employee of the fire protection district, including
rights to:
(i) Compensation at least equal to the level of compensation at the
time of transfer, unless the employee's rank and duties have been
reduced as a result of the transfer. If the transferring employee is
placed in a position with reduced rank and duties, the employee's
compensation may be adjusted, but the adjustment may not result in a
decrease of greater than fifty percent of the difference between the
employee's compensation before the transfer and the compensation level
for the position that the employee is transferred to;
(ii) Retirement, vacation, sick leave, and any other accrued
benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no
requirement for an additional probationary period if one had been
completed before the transfer date.
(b) (a) of this subsection does not apply if upon transfer an
agreement for different terms of transfer is reached between the
collective bargaining representatives of the transferring employees and
the participating fire protection jurisdictions.
(3) If upon transfer, the transferring employee receives the
rights, benefits, and privileges established under subsection (2)(a)(i)
through (iv) of this section, those rights, benefits, and privileges
are subject to collective bargaining at the end of the current
bargaining period for the jurisdiction to which the employee has
transferred.
(4) Such bargaining must take into account the years of service the
transferring employee accumulated before the transfer and must be
treated as if those years of service occurred in the jurisdiction to
which the employee has transferred.
Sec. 3 RCW 35.13.130 and 1990 c 33 s 566 are each amended to read
as follows:
A petition for annexation of an area contiguous to a city or town
may be made in writing addressed to and filed with the legislative body
of the municipality to which annexation is desired. Except where all
the property sought to be annexed is property of a school district, and
the school directors thereof file the petition for annexation as in RCW
28A.335.110 authorized, the petition must be signed by the owners of
not less than ((seventy-five)) sixty percent in value according to the
assessed valuation for general taxation of the property for which
annexation is petitioned: PROVIDED, That in cities and towns with
populations greater than one hundred sixty thousand located east of the
Cascade mountains, the owner of tax exempt property may sign an
annexation petition and have the tax exempt property annexed into the
city or town, but the value of the tax exempt property shall not be
used in calculating the sufficiency of the required property owner
signatures unless only tax exempt property is proposed to be annexed
into the city or town. The petition shall set forth a description of
the property according to government legal subdivisions or legal plats
which is in compliance with RCW 35.02.170, and shall be accompanied by
a plat which outlines the boundaries of the property sought to be
annexed. If the legislative body has required the assumption of all or
of any portion of city or town indebtedness by the area annexed, and/or
the adoption of a comprehensive plan for the area to be annexed, these
facts, together with a quotation of the minute entry of such
requirement or requirements shall be set forth in the petition.
Sec. 4 RCW 35.13.215 and 1986 c 254 s 7 are each amended to read
as follows:
(1) If any portion of a fire protection district is proposed for
annexation to or incorporation into a city, code city, or town, both
the fire protection district and the city, code city, or town shall
jointly inform the employees of the fire protection district about
hires, separations, terminations, and any other changes in employment
that are a direct consequence of annexation or incorporations at the
earliest reasonable opportunity.
(2) If any portion of a fire protection district is annexed to or
incorporated into a city, code city or town, any employee of the fire
protection district who (((1))) (a) was at the time of such annexation
or incorporation employed exclusively or principally in performing the
powers, duties, and functions which are to be performed by the city,
code city or town fire department (((2))) (b) will, as a direct
consequence of annexation or incorporation, be separated from the
employ of the fire protection district, and (((3))) (c) can perform the
duties and meet the minimum requirements of the position to be filled,
then such employee may transfer employment to the civil service system
of the city, code city or town fire department as provided for in this
section and RCW 35.13.225 and 35.13.235.
(3) For purposes of this section and RCW 35.13.225 and 35.13.235,
employee means an individual whose employment with a fire protection
district has been terminated because the fire protection district was
annexed by a city, code city or town for purposes of fire protection.
Sec. 5 RCW 35.13.225 and 1994 c 73 s 3 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)) of the request to the board of
commissioners of the fire protection district. Upon receipt of
((such)) the request by the civil service commission, the transfer of
employment ((shall)) must 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 firefighter 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, (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.)) The
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.
(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
(2)(a) Upon transfer, an employee is entitled to the employee
rights, benefits, and privileges to which he or she would have been
entitled as an employee of the fire protection district, including
rights to:
(i) Compensation at least equal to the level of compensation at the
time of transfer, unless the employee's rank and duties have been
reduced as a result of the transfer. If the transferring employee is
placed in a position with reduced rank and duties, the employee's
compensation may be adjusted, but the adjustment may not result in a
decrease of greater than fifty percent of the difference between the
employee's compensation before the transfer and the compensation level
for the position that the employee is transferred to;
(ii) Retirement, vacation, sick leave, and any other accrued
benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no
requirement for an additional probationary period if one had been
completed before the transfer date.
(b) (a) of this subsection does not apply if upon transfer an
agreement for different terms of transfer is reached between the
collective bargaining representatives of the transferring employees and
the participating fire protection jurisdictions.
(3) If upon transfer, the transferring employee receives the
rights, benefits, and privileges established under subsection (2)(a)(i)
through (iv) of this section, those rights, benefits, and privileges
are subject to collective bargaining at the end of the current
bargaining period for the jurisdiction to which the employee has
transferred.
(4) Such bargaining must take into account the years of service the
transferring employee accumulated before the transfer and must be
treated as if those years of service occurred in the jurisdiction to
which the employee has transferred.
NEW SECTION. Sec. 6 A new section is added to chapter 35.13 RCW
to read as follows:
Upon the written request of a fire protection district, cities and
towns annexing territory under this chapter shall, prior to completing
the annexation, issue a report regarding the likely effects that the
annexation and any associated asset transfers may have upon the safety
of residents within and outside the proposed annexation area. The
report must address, but is not limited to, the provisions of fire
protection and emergency medical services within and outside of the
proposed annexation area. A fire protection district may only request
a report under this section when at least five percent of the assessed
valuation of the fire protection district will be annexed.
NEW SECTION. Sec. 7 A new section is added to chapter 35.13 RCW
to read as follows:
(1)(a) An annexation by a city or town that is proposing to annex
territory served by one or more fire protection districts may be
accomplished by ordinance after entering into an interlocal agreement
as provided in chapter 39.34 RCW with the county and the fire
protection district or districts that have jurisdiction over the
territory proposed for annexation.
(b) A city or town proposing to annex territory shall initiate the
interlocal agreement process by sending notice to the fire protection
district representative and county representative stating the city's or
town's interest to enter into an interlocal agreement negotiation
process. The parties have forty-five days to respond in the
affirmative or negative. A negative response must state the reasons
the parties do not wish to participate in an interlocal agreement
negotiation. A failure to respond within the forty-five day period is
deemed an affirmative response and the interlocal agreement negotiation
process may proceed. The interlocal agreement process may not proceed
if any negative responses are received within the forty-five day
period.
(c) The interlocal agreement must describe the boundaries of the
territory proposed for annexation and must be consistent with the
boundaries identified in an ordinance describing the boundaries of the
territory proposed for annexation and setting a date for a public
hearing on the ordinance. If the boundaries of the territory proposed
for annexation are agreed to by all parties, a notice of intention must
be filed with the boundary review board created under RCW 36.93.030.
However, the jurisdiction of the board may not be invoked as described
in RCW 36.93.100 for annexations that are the subject of such
agreement.
(2) An interlocal annexation agreement under this section must
include the following:
(a) A statement of the goals of the agreement. Goals must include,
but are not limited to:
(i) The transfer of revenues and assets between the fire protection
districts and the city or town;
(ii) A consideration and discussion of the impact to the level of
service of annexation on the unincorporated area, and an agreement that
the impact on the ability of fire protection and emergency medical
services within the incorporated area must not be negatively impacted
at least through the budget cycle in which the annexation occurs;
(iii) A discussion with fire protection districts regarding the
division of assets and its impact to citizens inside and outside the
newly annexed area;
(iv) Community involvement, including an agreed upon schedule of
public meetings in the area or areas proposed for annexation;
(v) Revenue sharing, if any;
(vi) Debt distribution;
(vii) Capital facilities obligations of the city, county, and fire
protection districts;
(viii) An overall schedule or plan on the timing of any annexations
covered under this agreement; and
(ix) A description of which of the annexing cities' development
regulations will apply and be enforced in the area.
(b) The subject areas and policies and procedures the parties agree
to undertake in annexations. Subject areas may include, but are not
limited to:
(i) Roads and traffic impact mitigation;
(ii) Surface and storm water management;
(iii) Coordination and timing of comprehensive plan and development
regulation updates;
(iv) Outstanding bonds and special or improvement district
assessments;
(v) Annexation procedures;
(vi) Distribution of debt and revenue sharing for annexation
proposals, code enforcement, and inspection services;
(vii) Financial and administrative services; and
(viii) Consultation with other service providers, including water-sewer districts, if applicable.
(c) A term of at least five years, which may be extended by mutual
agreement of the city or town, the county, and the fire protection
district.
(3) If the fire protection district, annexing city or town, and
county reach an agreement on the enumerated goals, the annexation
ordinance may proceed and is not subject to referendum. If only the
annexing city or town and county reach an agreement on the enumerated
goals, the city or town and county may proceed with annexation under
the interlocal agreement, but the annexation ordinance provided for in
this section is subject to referendum for forty-five days after its
passage. Upon the filing of a timely and sufficient referendum
petition with the legislative body of the city or town, signed by
qualified electors in a number not less than ten percent of the votes
cast in the last general state election in the area to be annexed, the
question of annexation must be submitted to the voters of the area in
a general election if one is to be held within ninety days or at a
special election called for that purpose according to RCW 29A.04.330.
Notice of the election must be given as provided in RCW 35.13.080, and
the election must be conducted as provided in the general election laws
under Title 29A RCW. The annexation must be deemed approved by the
voters unless a majority of the votes cast on the proposition are in
opposition to the annexation.
After the expiration of the forty-fifth day from, but excluding,
the date of passage of the annexation ordinance, if a timely and
sufficient referendum petition has not been filed, the area annexed
becomes a part of the city or town upon the date fixed in the ordinance
of annexation.
(4) If any portion of a fire protection district is proposed for
annexation to or incorporation into a city or town, both the fire
protection district and the city or town shall jointly inform the
employees of the fire protection district about hires, separations,
terminations, and any other changes in employment that are a direct
consequence of annexation or incorporation at the earliest reasonable
opportunity.
(5) The 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 or town fire department
when appropriate positions become available. Employees who are not
immediately hired by the 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.
(6)(a) Upon transfer, an employee is entitled to the employee
rights, benefits, and privileges to which he or she would have been
entitled as an employee of the fire protection district, including
rights to:
(i) Compensation at least equal to the level of compensation at the
time of transfer, unless the employee's rank and duties have been
reduced as a result of the transfer. If the transferring employee is
placed in a position with reduced rank and duties, the employee's
compensation may be adjusted, but the adjustment may not result in a
decrease of greater than fifty percent of the difference between the
employee's compensation before the transfer and the compensation level
for the position that the employee is transferred to;
(ii) Retirement, vacation, sick leave, and any other accrued
benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no
requirement for an additional probationary period if one had been
completed before the transfer date.
(b) (a) of this subsection does not apply if upon transfer an
agreement for different terms of transfer is reached between the
collective bargaining representatives of the transferring employees and
the participating fire protection jurisdictions.
(7) If upon transfer, the transferring employee receives the
rights, benefits, and privileges established under subsection (6)(a)(i)
through (iv) of this section, those rights, benefits, and privileges
are subject to collective bargaining at the end of the current
bargaining period for the jurisdiction to which the employee has
transferred.
(8) Such bargaining must take into account the years of service the
transferring employee accumulated before the transfer and must be
treated as if those years of service occurred in the jurisdiction to
which the employee has transferred.
NEW SECTION. Sec. 8 A new section is added to chapter 35.103 RCW
to read as follows:
Cities and towns conducting annexations of all or part of fire
protection districts shall, at least through the budget cycle, or the
following budget cycle if the annexation occurs in the last half of the
current budget cycle, in which the annexation occurs, maintain existing
fire protection and emergency services response times in the newly
annexed areas consistent with response times recorded prior to the
annexation as defined in the previous annual report for the fire
protection district and as reported in RCW 52.33.040. If the city or
town is unable to maintain these service levels in the newly annexed
area, the transfer of firefighters from the annexed fire protection
district as a direct result of the annexation must occur pursuant to
section 7(4) through (8) of this act.
NEW SECTION. Sec. 9 A new section is added to chapter 35A.14 RCW
to read as follows:
(1)(a) An annexation by a code city proposing to annex territory
served by one or more fire protection districts may be accomplished by
ordinance after entering into an interlocal agreement as provided in
chapter 39.34 RCW with the county and the fire protection district or
districts that have jurisdiction over the territory proposed for
annexation.
(b) A code city proposing to annex territory shall initiate the
interlocal agreement process by sending notice to the fire protection
district representative and county representative stating the code
city's interest to enter into an interlocal agreement negotiation
process. The parties have forty-five days to respond in the
affirmative or negative. A negative response must state the reasons
the parties do not wish to participate in an interlocal agreement
negotiation. A failure to respond within the forty-five day period is
deemed an affirmative response and the interlocal agreement negotiation
process may proceed. The interlocal agreement process may not proceed
if any negative responses are received within the forty-five day
period.
(c) The interlocal agreement must describe the boundaries of the
territory proposed for annexation and must be consistent with the
boundaries identified in an ordinance describing the boundaries of the
territory proposed for annexation and setting a date for a public
hearing on the ordinance. If the boundaries of the territory proposed
for annexation are agreed to by all parties, a notice of intention must
be filed with the boundary review board created under RCW 36.93.030.
However, the jurisdiction of the board may not be invoked as described
in RCW 36.93.100 for annexations that are the subject of such
agreement.
(2) An interlocal annexation agreement under this section must
include the following:
(a) A statement of the goals of the agreement. Goals must include,
but are not limited to:
(i) The transfer of revenues and assets between the fire protection
district and the code city;
(ii) A consideration and discussion of the impact to the level of
service of annexation on the unincorporated area, and an agreement that
the impact on the ability of fire protection and emergency medical
services within the incorporated area must not be negatively impacted
at least through the budget cycle in which the annexation occurs;
(iii) A discussion with fire protection districts regarding the
division of assets and its impact to citizens inside and outside the
newly annexed area;
(iv) Community involvement, including an agreed upon schedule of
public meetings in the area or areas proposed for annexation;
(v) Revenue sharing, if any;
(vi) Debt distribution;
(vii) Capital facilities obligations of the code city, county, and
fire protection districts;
(viii) An overall schedule or plan on the timing of any annexations
covered under this agreement; and
(ix) A description of which of the annexing code cities'
development regulations will apply and be enforced in the area.
(b) The subject areas and policies and procedures the parties agree
to undertake in annexations. Subject areas may include, but are not
limited to:
(i) Roads and traffic impact mitigation;
(ii) Surface and storm water management;
(iii) Coordination and timing of comprehensive plan and development
regulation updates;
(iv) Outstanding bonds and special or improvement district
assessments;
(v) Annexation procedures;
(vi) Distribution of debt and revenue sharing for annexation
proposals, code enforcement, and inspection services;
(vii) Financial and administrative services; and
(viii) Consultation with other service providers, including water-sewer districts, if applicable.
(c) A term of at least five years, which may be extended by mutual
agreement of the code city, the county, and the fire protection
district.
(3) If the fire protection district, annexing code city, and county
reach an agreement on the enumerated goals, the annexation ordinance
may proceed and is not subject to referendum. If only the annexing
code city and county reach an agreement on the enumerated goals, the
code city and county may proceed with annexation under the interlocal
agreement, but the annexation ordinance provided for in this section is
subject to referendum for forty-five days after its passage. Upon the
filing of a timely and sufficient referendum petition with the
legislative body of the code city, signed by qualified electors in a
number not less than ten percent of the votes cast in the last general
state election in the area to be annexed, the question of annexation
must be submitted to the voters of the area in a general election if
one is to be held within ninety days or at a special election called
for that purpose according to RCW 29A.04.330. Notice of the election
must be given as provided in RCW 35A.14.070, and the election must be
conducted as provided in the general election laws under Title 29A RCW.
The annexation must be deemed approved by the voters unless a majority
of the votes cast on the proposition are in opposition to the
annexation.
After the expiration of the forty-fifth day from, but excluding,
the date of passage of the annexation ordinance, if a timely and
sufficient referendum petition has not been filed, the area annexed
becomes a part of the code city upon the date fixed in the ordinance of
annexation.
NEW SECTION. Sec. 10 A new section is added to chapter 35A.14
RCW to read as follows:
(1) If any portion of a fire protection district is proposed for
annexation to or incorporation into a code city, both the fire
protection district and the code city shall jointly inform the
employees of the fire protection district about hires, separations,
terminations, and any other changes in employment that are a direct
consequence of annexation or incorporation at the earliest reasonable
opportunity.
(2) An eligible employee may transfer into the civil service system
of the code city fire department by filing a written request with the
code city civil service commission and by giving written notice of the
request to the board of commissioners of the fire protection district.
Upon receipt of the request by the civil service commission, the
transfer of employment must be made. The 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 code city fire department when appropriate positions become
available. Employees who are not immediately hired by the code city
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.
(3)(a) Upon transfer, an employee is entitled to the employee
rights, benefits, and privileges to which he or she would have been
entitled as an employee of the fire protection district, including
rights to:
(i) Compensation at least equal to the level of compensation at the
time of transfer, unless the employee's rank and duties have been
reduced as a result of the transfer. If the transferring employee is
placed in a position with reduced rank and duties, the employee's
compensation may be adjusted, but the adjustment may not result in a
decrease of greater than fifty percent of the difference between the
employee's compensation before the transfer and the compensation level
for the position that the employee is transferred to;
(ii) Retirement, vacation, sick leave, and any other accrued
benefit;
(iii) Promotion and service time accrual; and
(iv) The length or terms of probationary periods, including no
requirement for an additional probationary period if one had been
completed before the transfer date.
(b) (a) of this subsection does not apply if upon transfer an
agreement for different terms of transfer is reached between the
collective bargaining representatives of the transferring employees and
the participating fire protection jurisdictions.
(4) If upon transfer, the transferring employee receives the
rights, benefits, and privileges established under subsection (3)(a)(i)
through (iv) of this section, those rights, benefits, and privileges
are subject to collective bargaining at the end of the current
bargaining period for the jurisdiction to which the employee has
transferred.
(5) Such bargaining must take into account the years of service the
transferring employee accumulated before the transfer and must be
treated as if those years of service occurred in the jurisdiction to
which the employee has transferred.
NEW SECTION. Sec. 11 A new section is added to chapter 35A.14
RCW to read as follows:
Upon the written request of a fire protection district, code cities
annexing territory under this chapter shall, prior to completing the
annexation, issue a report regarding the likely effects that the
annexation and any associated asset transfers may have upon the safety
of residents within and outside the proposed annexation area. The
report must address, but is not limited to, the provisions of fire
protection and emergency medical services within and outside of the
proposed annexation area. A fire protection district may only request
a report under this section when at least five percent of the assessed
valuation of the fire protection district will be annexed.
NEW SECTION. Sec. 12 A new section is added to chapter 35A.92
RCW to read as follows:
Code cities conducting annexations of all or part of fire
protection districts shall, at least through the budget cycle, or the
following budget cycle if the annexation occurs in the last half of the
current budget cycle, in which the annexation occurs, maintain existing
fire protection and emergency services response times in the newly
annexed areas consistent with response times recorded prior to the
annexation as defined in the previous annual report for the fire
protection district and as reported in RCW 52.33.040. If the code city
is unable to maintain these service levels in the newly annexed area,
the transfer of firefighters from the annexed fire protection district
as a direct result of the annexation must occur as outlined in section
10 of this act.