HOUSE BILL REPORT

HB 2396

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed House:

February 9, 2012

Title: An act relating to clarifying the number of employees within certain classifications within the consolidated technology services agency.

Brief Description: Clarifying the number of employees within certain classifications within the consolidated technology services agency.

Sponsors: Representatives Hudgins, Hinkle, Hunt, Sells, Zeiger, Appleton, Armstrong, Seaquist, Miloscia, Green, Blake, Ryu, Stanford, Hasegawa, Reykdal, Kenney, Kirby, Upthegrove, Jinkins, Fitzgibbon, Liias, Billig, McCoy, Dunshee, Van De Wege, Ormsby, Moeller, Probst, Goodman, Sullivan, Lytton, Haigh, Dickerson, Cody, Moscoso, Tharinger, Ladenburg, Hope, Orcutt, Maxwell and Kelley.

Brief History:

Committee Activity:

State Government & Tribal Affairs: 1/25/12, 1/26/12 [DP].

Floor Activity:

Passed House: 2/9/12, 60-35.

Brief Summary of Bill

  • Provides that no more that 25 percent of the Consolidated Technology Services agency employees may be exempt from civil service.

HOUSE COMMITTEE ON STATE GOVERNMENT & TRIBAL AFFAIRS

Majority Report: Do pass. Signed by 7 members: Representatives Hunt, Chair; Appleton, Vice Chair; Darneille, Dunshee, Hurst, McCoy and Miloscia.

Minority Report: Do not pass. Signed by 4 members: Representatives Taylor, Ranking Minority Member; Overstreet, Assistant Ranking Minority Member; Alexander and Condotta.

Staff: Marsha Reilly (786-7135).

Background:

In 2011 a bill was enacted that created the Department of Enterprise Services as an executive branch agency vested with some or all of the powers and duties of the Department of General Administration, the Public Printer, the Department of Personnel, the Office of Financial Management, and the Department of Information Services. The bill also created the Consolidated Technology Services agency (CTS) to replace the Department of Information Systems.

Employees of the CTS that perform duties relating to systems integration; data center engineering and management; network systems engineering and management; information technology contracting; information technology customer relationship management; and network and systems security are exempt from civil service.

Summary of Bill:

No more that 25 percent of the employees of the CTS may be exempt from civil service.

Appropriation: None.

Fiscal Note: Available.

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

Staff Summary of Public Testimony:

(In support) A bill representing one of the largest reorganizations of government was passed last session. It was a complex bill combining various offices and personnel. Some of the negotiations centered on the number of positions in the CTS that would allow for more flexibility and be exempt from civil service. That bill was implemented in a way that was inconsistent with its intent, however, the bill was not clear. This bill is to better clarify how many employees may be exempted in order to allow for flexibility, but also to protect existing collective bargaining rights. As it was implemented, about 196 people were removed from civil service positions. The number of exempted employees should be narrowed to about 25 percent of the agency, instead of two-thirds of the agency. The bill targeted job functions as a way to determine who would and would not be exempted from civil service. Employees who spent maybe 5 percent of their time performing these targeted functions were swept up into exempt positions. Exempt positions have no protections or benefits, and allow for people to be fired for no reason. Members of bargaining units are generally supportive of reorganizing government to find efficiencies. However, a reorganization of the CTS that is more than 60 percent exempt signals that future reorganizations will be seen as a way to move members out of civil service.

(Opposed) None.

Persons Testifying: Representative Hudgins, prime sponsor; Alia Griffing and Jeff Paulsen, Washington Federation of State Employees; and Seamus Walsh, Washington Public Employees Association.

Persons Signed In To Testify But Not Testifying: None.