AN ACT Relating to public employment; adding a new chapter to Title 41 RCW; creating new sections; repealing RCW 28B.16.010, 28B.16.020, 28B.16.030, 28B.16.040, 28B.16.041, 28B.16.042, 28B.16.060, 28B.16.070, 28B.16.080, 28B.16.090, 28B.16.100, 28B.16.101, 28B.16.105, 28B.16.110, 28B.16.112, 28B.16.113, 28B.16.116, 28B.16.120, 28B.16.130, 28B.16.140, 28B.16.150, 28B.16.160, 28B.16.170, 28B.16.180, 28B.16.190, 28B.16.200, 28B.16.210, 28B.16.220, 28B.16.230, 28B.16.240, 28B.16.255, 28B.16.265, 28B.16.275, 28B.16.900, 28B.16.910, 28B.16.920, 28B.16.930, 41.06.010, 41.06.020, 41.06.030, 41.06.040, 41.06.070, 41.06.071, 41.06.072, 41.06.073, 41.06.075, 41.06.076, 41.06.077, 41.06.079, 41.06.080, 41.06.081, 41.06.082, 41.06.083, 41.06.084, 41.06.085, 41.06.086, 41.06.087, 41.06.088, 41.06.089, 41.06.110, 41.06.120, 41.06.130, 41.06.140, 41.06.150, 41.06.155, 41.06.160, 41.06.163, 41.06.165, 41.06.167, 41.06.169, 41.06.170, 41.06.176, 41.06.186, 41.06.196, 41.06.220, 41.06.230, 41.06.240, 41.06.250, 41.06.260, 41.06.270, 41.06.280, 41.06.290, 41.06.300, 41.06.310, 41.06.320, 41.06.330, 41.06.340, 41.06.350, 41.06.380, 41.06.400, 41.06.410, 41.06.420, 41.06.430, 41.06.450, 41.06.455, 41.06.460, 41.06.475, 41.06.900, 41.06.910, 41.06.911, 41.64.010, 41.64.020, 41.64.030, 41.64.040, 41.64.050, 41.64.060, 41.64.070, 41.64.080, 41.64.090, 41.64.100, 41.64.110, 41.64.120, 41.64.130, 41.64.140, 41.64.900, and 41.64.910; providing effective dates; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

PART I

PURPOSE

NEW SECTION. Sec. 1. The purpose of this chapter is to provide for a more effective and efficient management of the state system for personnel administration by consolidating under the state human resources board all the powers, duties, and functions heretofore vested in the higher education personnel board, the state personnel board, the state personnel appeals board, and the state department of personnel. The legislature finds that the state human resources board is empowered to adopt rules to improve the effectiveness of personnel administration in the state under a system of personnel administration based on merit principles and scientific methods governing the appointment, promotion, transfer, layoff, recruitment, retention, classification and pay plan, removal, discipline, training and career development, and welfare of its civil employees, and other incidents of state employment. All appointments and promotions to positions, and retention therein, in the state service, shall be made on the basis of policies specified in this chapter. This section shall be liberally construed to promote effective and efficient staff utilization in personnel administration and the welfare of state employees.

PART II

APPLICATION OF CHAPTER

NEW SECTION. Sec. 2. This chapter applies to:

(1) All personnel of the institutions of higher education and related boards except those exempted under section 45 of this act;

(2) Each board, commission, or other multimember body, including, but not limited to, those consisting in whole or in part of elective officers;

(3) Each agency, and each employee and position therein, not expressly excluded or exempted under section 45 of this act.

PART III

DEFINITIONS

NEW SECTION. Sec. 3. Unless the context clearly indicates otherwise, the words used in this chapter have the meaning given in this section.

(1) "Affirmative action" means a procedure by which racial minorities, women, persons in the protected age category, persons with disabilities, Vietnam-era veterans, and disabled veterans are provided with increased employment opportunities. It shall not mean any sort of quota system.

(2) "Agency" means an office, department, board, commission, institution of higher education, or other separate unit or division, however designated, of the state government and all personnel thereof. It includes any unit of state government established by law, the executive officer or members of which are either elected or appointed, upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature.

(3) "Board" means the state human resources board, except that this definition does not apply to the words "board" or "boards" when used in section 45 of this act.

(4) "Career development" means the progressive development of employee capabilities to facilitate productivity, job satisfaction, and upward mobility through work assignments as well as education and training that are both state-sponsored and are achieved by individual employee efforts, all of which shall be consistent with the needs and obligations of the state and its agencies.

(5) "Classified service" means all positions in the state service subject to the provisions of this chapter.

(6) "Comparable worth" means the provision of similar salaries for positions that require or impose similar responsibilities, judgments, knowledge, skills, and working conditions.

(7) "Competitive service" means all positions in the classified service for which a competitive examination is required as a condition precedent to appointment.

(8) "Department" means an agency of government that has as its governing officer a person, or combination of persons such as a commission, board, or council, by law empowered to operate the agency responsible either to (a) no other public officer or (b) the governor.

(9) "Director" means the director of human resources.

(10) "Institutions of higher education" are the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, and the various state community colleges.

(11) "Noncompetitive service" means all positions in the classified service for which a competitive examination is not required.

(12) "Training" means activities designed to develop job-related knowledge and skills of employees.

PART IV

HUMAN RESOURCES BOARD

NEW SECTION. Sec. 4. (1) There is created a human resources board composed of three members appointed by the governor, subject to confirmation by the senate. The first such board shall be appointed within thirty days after the effective date of this section for terms of two, four, and six years. Each odd-numbered year thereafter the governor shall appoint a member for a six-year term. Each member shall continue to hold office after the expiration of the member's term until a successor has been appointed. Persons so appointed shall have clearly demonstrated an interest and belief in the merit principle, shall have a working knowledge and understanding of personnel systems and labor-management relations, shall not hold any other employment with the state, shall not have been an officer of a political party for a period of one year immediately prior to such appointment, and shall not be or become a candidate for partisan elective public office during the term to which they are appointed.

(2) Until July 1, 1988, each member of the board shall be compensated in accordance with RCW 43.03.250. The members of the board may receive any number of daily payments for official meetings of the board actually attended. Members of the board shall also be reimbursed for travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060. After July 1, 1988, the members of the board shall serve full time and shall be compensated as determined by the governor.

(3) At its first meeting following the appointment of all of its members, and annually thereafter, the board shall elect a chairman and vice chairman from among its members to serve one year. The presence of at least two members of the board constitute a quorum to transact business. A written public record shall be kept by the board of all actions of the board. The director of the department of human resources shall serve as secretary.

(4) The board shall manage appeals and may appoint an administrator for appeals. The board may appoint and compensate hearing examiners to hear and conduct appeals. The compensation shall be paid on a contractual basis for each hearing, in accordance with the provisions of chapter 43.88 RCW and rules adopted pursuant thereto, as they relate to personal service contracts.

NEW SECTION. Sec. 5. (1) The board may hold hearings to be called by (a) the chairman of the board, or (b) a majority of the members of the board. An official notice of the calling of the hearing shall be filed with the secretary, and all members shall be notified of the hearing within a reasonable period of time prior to its convening.

(2) No release of material or statement of findings shall be made except with the approval of a majority of the board.

(3) In the conduct of hearings or investigations, a member of the board or the director of human resources, or the hearing examiners, may administer oaths.

NEW SECTION. Sec. 6. A department of human resources, governed by the state human resources board and administered by a director, is established as a separate agency within the state government. The director shall provide for decentralized administration of this chapter, with at least three administrative regions. One region shall be located in eastern Washington.

NEW SECTION. Sec. 7. (1) The office of director of human resources is hereby established. Within ninety days after the effective date of this section the director shall be appointed.

The director shall be appointed by the governor from a list of five names submitted by the board with its recommendations. The names on the list shall be those of the five standing highest upon competitive examination conducted by a committee of three persons appointed by the board solely for that purpose whenever the position is vacant. Only persons with substantial experience in the field of personnel management are eligible to take the examination.

(2) The director is removable for cause by the governor with the approval of a majority of the board or by a majority of the board.

(3) The director shall direct and supervise the department of human resources' administrative and technical activities in accordance with this chapter and the rules adopted under this chapter. The director shall prepare for consideration by the board proposed rules required by this chapter. In preparing matters for consideration by the board and in coordinating the implementation of the board's rules, the director shall work in conjunction with both labor and agency representatives. The director's compensation shall be fixed by the governor.

(4) The director may delegate to any agency the authority to perform administrative and technical personnel activities if the agency requests such authority and the director is satisfied that the agency has the personnel management capabilities to effectively perform the delegated activities. The director shall prescribe standards and guidelines for the performance of delegated activities. If the director determines that an agency is not performing delegated activities within the prescribed standards and guidelines, the director shall withdraw the authority from the agency to perform such activities.

NEW SECTION. Sec. 8. There is created a fund within the state treasury, designated as the department of human resources service fund, to be used by the director as a revolving fund for the payment of salaries, wages, and operations required for the administration of the provisions of this chapter and chapter 41.60 RCW. An amount not to exceed one percent of the approved allotments of salaries and wages for all positions in the classified service in each of the agencies subject to this chapter shall be charged to the operations appropriations of each agency and credited to the department of human resources service fund as the allotments are approved pursuant to chapter 43.88 RCW. Subject to these limitations, the amount shall be charged against the allotments pro rata, at a rate to be fixed by the director from time to time which, together with income derived from services rendered under section 49 of this act, will provide the department with funds to meet its anticipated expenditures during the allotment period.

The director shall fix the terms and charges for services rendered by the department pursuant to section 49 of this act, which amounts shall be credited to the department of human resources service fund and charged against the proper fund or appropriation of the recipient of the services on a quarterly basis. Payment for services so rendered under section 49 of this act shall be made on a quarterly basis to the state treasurer and deposited in the department of human resources service fund.

Moneys from the fund shall be disbursed by the state treasurer by warrants on vouchers duly authorized by the director.

NEW SECTION. Sec. 9. It is the duty of the board to promulgate rules providing for employee participation in the development of personnel policies. To assure this right, personnel policies, rules, classification and pay plans, and amendments thereto, shall be acted on only after the board has given twenty days' notice to, and considered proposals from, employee representatives and affected agency representatives, including, in matters involving the various state community colleges, notice to the state board for community college education or to the individual community college if requested by the college. Complete and current compilations of all rules of the board in printed, mimeographed, or multigraphed form shall be available from the board without charge.

NEW SECTION. Sec. 10. The board shall adopt rules, consistent with the purposes and provisions of this chapter; with the best standards of personnel administration; and with the welfare of state employees regarding the basis and procedures to be followed for:

(1) Personnel classification;

(2) Compensation;

(3) Employment practices;

(4) Employee discipline;

(5) Labor relations; and

(6) Employee development.

PART V

PERSONNEL CLASSIFICATION

NEW SECTION. Sec. 11. The board's rules shall provide for:

(1) 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 position; and

(2) Allocation and reallocation of positions within the classification plan.

PART VI

COMPENSATION

NEW SECTION. Sec. 12. The board's rules shall provide for:

(1) Adoption and revision of state salary schedules and compensation plans to reflect the prevailing rates in Washington state private industries and other governmental units for positions of a similar nature but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under section 14 of this act, such adoption and revision subject to approval by the director of financial management in accordance with chapter 43.88 RCW;

(2) 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; and

(3) Adjustment of salary schedules and compensation plans in a region as necessary to recruit or retain personnel.

NEW SECTION. Sec. 13. (1) In preparing classification and salary schedules as set forth in section 12 of this act, the director of the department of human resources shall give full consideration to prevailing rates in other public employment and in private employment in this state. For this purpose, the department shall undertake comprehensive salary and fringe benefit surveys to be conducted in the year prior to the convening of every other one hundred five day regular session of the state legislature. In the year prior to the convening of each one hundred five day regular session during which a comprehensive salary and fringe benefit survey is not conducted, the department shall plan and conduct a trend salary and fringe benefit survey. This survey shall measure average salary and fringe benefit movement for broad occupational groups which has occurred since the last comprehensive salary and fringe benefit survey was conducted. The results of each comprehensive and trend salary and fringe benefit survey shall be completed and forwarded by September 30 with a recommended state salary schedule to the governor and director of financial management for their use in preparing budgets to be submitted to the succeeding legislature. A copy of the data and supporting documentation shall be furnished by the department of human resources to the standing committees on ways and means of the senate and house of representatives.

In the case of comprehensive salary and fringe benefit surveys, the department of human resources shall furnish the following supplementary data in support of its recommended salary schedule:

(a) A total dollar figure which reflects the recommended increase or decrease in state salaries as a direct result of the specific salary and fringe benefit survey that has been conducted and which is categorized to indicate what portion of the increase or decrease is represented by salary survey data and what portion is represented by fringe benefit survey data;

(b) An additional total dollar figure which reflects the impact of recommended increases or decreases to state salaries based on other factors rather than directly on prevailing rate data obtained through the survey process and which is categorized to indicate the sources of the requests for deviation from prevailing rates and the reasons for the changes;

(c) A list of class codes and titles indicating recommended monthly salary ranges for all state classes, with those salary ranges which do not substantially conform to the prevailing rates developed from the salary and fringe benefit survey distinctly marked and an explanation of the reason for the deviation included;

(d) A supplemental salary schedule which indicates the additional salary to be paid state employees for hazardous duties or other considerations requiring extra compensation under specific circumstances. Additional compensation for these circumstances shall not be included in the basic salary schedule but shall be maintained as a separate pay schedule for purposes of full disclosure and visibility; and

(e) A supplemental salary schedule which indicates those cases where the board determines that prevailing rates do not provide similar salaries for positions that require or impose similar responsibilities, judgment, knowledge, skills, and working conditions. This supplementary salary schedule shall contain proposed salary adjustments necessary to eliminate any such dissimilarities in compensation. Additional compensation needed to eliminate such salary dissimilarities shall not be included in the basic salary schedule but shall be maintained as a separate salary schedule for purposes of full disclosure and visibility.

(2) It is the intention of the legislature that requests for funds to support recommendations for salary deviations from the prevailing rate survey data shall be kept to a minimum, and that the requests be fully documented when forwarded by the department of human resources.

(3) Salary and fringe benefit survey information collected from private employers which identifies a specific employer with the salary and fringe benefit rates which that employer pays to its employees shall not be subject to public disclosure under chapter 42.17 RCW.

(4) The first trend salary and fringe benefit survey required by this section shall be completed and forwarded to the governor and the director of financial management by September 30, 1988.

NEW SECTION. Sec. 14. Salary changes necessary to achieve comparable worth shall be implemented during the 1983-85 biennium under a schedule developed by the department of human resources. Increases in salaries and compensation solely for the purpose of achieving comparable worth shall be made at least annually. Comparable worth for the jobs of all employees under this chapter shall be fully achieved not later than June 30, 1993.

NEW SECTION. Sec. 15. (1) In the conduct of salary and fringe benefit surveys under section 13 of this act, it is the intention of the legislature that the surveys be undertaken in a manner consistent with statistically accurate sampling techniques. For this purpose, a comprehensive salary and fringe benefit survey plan shall be submitted to the director of financial management, employee organizations, and the standing committees for appropriations of the senate and house of representatives six months before the beginning of each periodic survey required before regular legislative sessions. This comprehensive plan shall include but not be limited to the following:

(a) A complete explanation of the technical, statistical process to be used in the salary and fringe benefit survey, including the percentage of accuracy expected from the planned statistical sample chosen for the survey and a definition of the term "prevailing rates" which is to be used in the planned survey;

(b) A comprehensive salary and fringe benefit survey model based on scientific statistical principles which:

(i) Encompasses the interrelationships among the various elements of the survey sample, including sources of salary and fringe benefit data by organization type, size, and regional location;

(ii) Is representative of private and public employment in this state;

(iii) Ensures that, wherever practical, data from smaller, private firms are included and proportionally weighted in the survey sample; and

(iv) Indicates the methodology to be used in application of survey data to job classes used by state government;

(c) A prediction of the increase or decrease in total funding requirements expected to result from the pending salary and fringe benefit survey based on consumer price index information and other available trend data pertaining to Washington state salaries and fringe benefits.

(2) Every comprehensive survey plan shall fully consider fringe benefits as an element of compensation in addition to basic salary data.

(3) Interim or special surveys conducted under section 13 of this act shall conform when possible to the statistical techniques and principles developed for regular periodic surveys under this section.

(4) The term "fringe benefits" as used in this section and in conjunction with salary surveys includes but is not limited to compensation for:

(a) Leave time, including vacation, holiday, civil, and personal leave;

(b) Employer retirement contributions;

(c) Health and insurance payments, including life, accident, and health insurance, worker's compensation, and sick leave; and

(d) Stock options, bonuses, and purchase discounts where appropriate.

NEW SECTION. Sec. 16. Salary surveys shall be conducted according to the following criteria in addition to any other provisions under this chapter:

(1) Adjustments of state salaries to prevailing rates in Washington state private industries and other governmental units shall be determined by comparisons of weighted averages of salaries, including weighted averages of salaries from out-of-state sources when necessary to obtain statistically valid salary surveys; and

(2) Determination of state salary changes from prevailing rate data collected in salary surveys shall be based on occupational group averages containing related job classes where appropriate rather than on comparisons of survey data to individual state job classes.

NEW SECTION. Sec. 17. A disbursing officer shall not pay any employee holding a position covered by this chapter unless the employment is in accordance with this chapter or the rules and orders adopted under this chapter. The board and the director of financial management shall jointly establish procedures for the certification of payrolls at state agencies.

PART VII

EMPLOYMENT PRACTICES

NEW SECTION. Sec. 18. The board's rules shall provide 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 four more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists;

(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 therein, depending on the job requirements of the class;

(7) Transfers;

(8) Sick leaves and vacations;

(9) Hours of work;

(10) Layoffs when necessary and subsequent reemployment, both according to seniority;

(11) 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 widowed spouses by giving such eligible veterans and their widowed 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. The widow of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service;

(12) 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. The board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;

(13) 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.

NEW SECTION. Sec. 19. After consultation with institution heads, state agency heads, employee organizations, and other interested parties, the board shall develop standardized employee performance evaluation procedures and forms which shall be used by agencies for the appraisal of employee job performance at least annually. These procedures shall include means whereby individual institutions and agencies may supplement the standardized evaluation process with special performance factors peculiar to specific organizational needs. Performance evaluation procedures shall place primary emphasis on recording how well the employee has contributed to efficiency, effectiveness, and economy in fulfilling institution or agency and job objectives.

NEW SECTION. Sec. 20. Each employee whose work is judged unsatisfactory shall be notified in writing of the areas in which the work is considered deficient. Unless the deficiency is extreme, the employee shall be given an opportunity to demonstrate improvement.

NEW SECTION. Sec. 21. The board shall adopt rules designed to terminate the state employment of any employee whose performance is so inadequate as to warrant termination.

NEW SECTION. Sec. 22. (1) The board shall adopt rules applicable to each agency to ensure that information relating to employee misconduct or alleged misconduct is destroyed or maintained as follows:

(a) All such information determined to be false and all such information in situations where the employee has been fully exonerated of wrongdoing, shall be promptly destroyed;

(b) All such information having no reasonable bearing on the employee's job performance, or on the efficient and effective management of the agency, shall be promptly destroyed;

(c) All other information shall be retained only so long as it has a reasonable bearing on the employee's job performance or on the efficient and effective management of the agency.

(2) Notwithstanding subsection (1) of this section, an agency may retain information relating to employee misconduct or alleged misconduct if:

(a) The employee requests that the information be retained; or

(b) The information is related to pending legal action or legal action may be reasonably expected to result.

(3) In adopting rules under this section, the board shall consult with the public disclosure commission to ensure that the public policy of the state, as expressed in chapter 42.17 RCW, is adequately protected.

NEW SECTION. Sec. 23. Section 22 of this act does not prohibit an agency from destroying identifying information in records relating to employee misconduct or alleged misconduct if the agency deems the action is consistent with the policy expressed in section 22 of this act and in chapter 42.17 RCW.

NEW SECTION. Sec. 24. Notwithstanding any other provisions of this chapter, sections 22 and 23 of this act apply to all classified and exempt employees of the state.

PART VIII

EMPLOYEE DISCIPLINE

NEW SECTION. Sec. 25. The board, in the promulgation of rules governing suspensions for cause, shall not authorize an appointing authority to suspend an employee for more than fifteen calendar days as a single penalty or more than thirty calendar days in any one calendar year as an accumulation of several penalties. The board shall require that the appointing authority give written notice to the employee not later than one day after the suspension takes effect, stating the reasons for and the duration thereof. The authority shall file a copy of the notice with the director of human resources.

PART IX

LABOR RELATIONS

NEW SECTION. Sec. 26. The board's rules shall provide for:

(1) Determination of appropriate bargaining units within any agency. 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;

(2) Certification and decertification of exclusive bargaining representatives. (a) 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; or (b) after certification of an exclusive bargaining representative, the employees by their exclusive bargaining representative and the employing agency, or its appointed designee, may negotiate whether to require, as a condition of employment, membership in the certified exclusive bargaining representative. 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. For purposes of this subsection, 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. 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, the 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;

(3) 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 the agency may lawfully exercise discretion;

(4) Written agreements that 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. Nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;

(5) Methods, including both mediation and arbitration proceedings, for resolving disputes arising out of grievances and collective negotiations.

NEW SECTION. Sec. 27. It shall be an unfair labor practice for a public employer:

(1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter;

(2) To control, dominate or interfere with a bargaining representative;

(3) To discriminate against a public employee who has filed an unfair labor practice charge;

(4) To refuse to engage in collective bargaining.

NEW SECTION. Sec. 28. It shall be an unfair labor practice for a bargaining representative:

(1) To interfere with, restrain, or coerce public employees in the exercise of their rights guaranteed by this chapter;

(2) To induce the public employer to commit an unfair labor practice;

(3) To discriminate against a public employee who has filed an unfair labor practice charge;

(4) To refuse to engage in collective bargaining.

NEW SECTION. Sec. 29. The board is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders: PROVIDED, That a complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the board. This power shall not be affected or impaired by any means of adjustment, mediation or conciliation in labor disputes that have been or may hereafter be established by law.

NEW SECTION. Sec. 30. Whenever a complaint is filed concerning any unfair labor practice, the board has power to issue and cause to be served a notice of hearing before the board at a place therein fixed to be held not less than seven days after the serving of said complaint. Any such complaint may be amended by the board any time prior to the issuance of an order based thereon. The person so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise to give testimony at the place and time set in the complaint. In the discretion of the board, any other person may be allowed to intervene in the said proceedings and to present testimony. In any such proceeding, the board shall not be bound by technical rules of evidence prevailing in the courts of law or equity.

NEW SECTION. Sec. 31. For the purpose of all hearings and investigations, which, in the opinion of the board, are necessary and proper for the exercise of the powers vested in it by sections 27 through 32 of this act, the board shall at all reasonable times have access to, for the purposes of examination, and the right to examine, copy or photograph any evidence, including payrolls or lists of employees, of any person being investigated or proceeded against that relates to any matter under investigation or in question. The board shall have power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question before the board. The board, or any agent, or agency designated by the board for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence.

NEW SECTION. Sec. 32. The board, or any party to the board's proceedings, thirty days after the board has entered its findings of fact, shall have power to petition the superior court of the state within the county wherein the unfair labor practice in question occurred or wherein any person charged with the unfair labor practice resides or transacts business, or if such court be on vacation or in recess, then to the superior court of any county adjoining the county wherein the unfair labor practice in question occurred or wherein any person charged with the unfair labor practice resides or transacts business, for the enforcement of such order and for appropriate temporary relief or restraining order, and shall certify and file in the court a transcript of the entire record in the proceeding, including the pleadings and testimony upon which such order was made and the findings and order of the board. Upon such filing, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the board.

PART X

EMPLOYEE DEVELOPMENT

NEW SECTION. Sec. 33. (1) In addition to other powers and duties specified in this chapter, the board shall, by rule, prescribe the purpose and minimum standards for training and career development programs and, in so doing, regularly consult with and consider the needs of individual agencies and employees.

(2) In addition to other powers and duties specified in this chapter, the director shall:

(a) Provide for the evaluation of training and career development programs and plans of agencies based on minimum standards established by the board. The director shall report the results of such evaluations to the agency which is the subject of the evaluation;

(b) Provide training and career development programs which may be conducted more efficiently and economically on an interagency basis;

(d) Monitor and review the impact of training and career development programs to ensure that the responsibilities of the state to provide equal employment opportunities are diligently carried out. The director shall report to the board the impact of training and career development programs on the fulfillment of such responsibilities.

(3) At an agency's request, the director may provide training and career development programs for an agency's internal use which may be conducted more efficiently and economically by the department of human resources.

NEW SECTION. Sec. 34. Each agency subject to this chapter shall:

(1) Prepare an employee training and career development plan which shall at least meet minimum standards established by the board. A copy of such plan shall be submitted to the director for purposes of administering the provisions of section 33 of this act;

(2) Provide for training and career development for its employees in accordance with the agency plan;

(3) Report on its training and career development program operations and costs to the director in accordance with reporting procedures adopted by the board;

(4) Budget for training and career development in accordance with procedures of the office of financial management.

NEW SECTION. Sec. 35. (1) The board, by rule, shall prescribe the conditions under which an employee appointed to a supervisory or management position shall be required to successfully complete an entry-level management training course as approved by the director. Such training shall not be required of any employee who has completed a management training course prior to the employee's appointment which is, in the judgment of the director, at least equivalent to the entry-level course required by this section.

(2) The board, by rule, shall establish procedures for the suspension of the entry-level training requirement in cases where the ability of an agency to perform its responsibilities is adversely affected, or for the waiver of this requirement in cases where a person has demonstrated experience as a substitute for training.

(3) Agencies subject to this chapter, in accordance with rules prescribed by the board, shall designate individual positions, or groups of positions, as being "supervisory" or "management" positions. Such designations shall be subject to review by the director as part of the director's evaluation of training and career development programs prescribed by section 33 of this act.

NEW SECTION. Sec. 36. (1) The board, by rule, shall develop a career executive program which recognizes the profession of management and recognizes excellence in managerial skills in order to (a) identify, attract, and retain highly qualified executive candidates, (b) provide outstanding employees a broad opportunity for career development, and (c) provide for the mobility of such employees among agencies, it being to the advantage of the state to make the most beneficial use of individual managerial skills.

(2) To accomplish the purposes of subsection (1) of this section, the board, notwithstanding any other provision of this chapter, may provide policies and standards for recruitment, appointment, examination, training, probation, employment register control, certification, classification, salary administration, transfer, promotion, reemployment, conditions of employment, and separation separate from procedures established for other employment.

(3) The director, in consultation with affected agencies, shall recommend to the board the classified positions which may be filled by participants in the career executive program. Upon the request of an agency, management positions that are exempt from the state civil service law pursuant to this chapter may be included in all or any part of the career executive program. However, an agency may at any time, after providing written notice to the board, withdraw an exempt position from the career executive program. No employee may be placed in the career executive program without the employee's consent.

(4) The number of employees participating in the career executive program shall not exceed one percent of the employees subject to the provisions of this chapter.

(5) The director shall monitor and review the impact of the career executive program to ensure that the responsibilities of the state to provide equal employment opportunities are diligently carried out. The director shall report to the board the impact of the career executive program on the fulfillment of such responsibilities.

(6) Any classified state employee, upon entering a position in the career executive program, shall be entitled subsequently to revert to any class or position previously held with permanent status, or, if such position is not available, revert to a position similar in nature and salary to the position previously held.

PART XI

APPEALS

NEW SECTION. Sec. 37. (1) Any employee who is reduced, dismissed, suspended, or demoted, after completing the probationary period of service as provided by the rules of the board, or any employee who is adversely affected by a violation of this chapter or rules promulgated pursuant thereto, has the right to appeal to the board not later than thirty days after the effective date of such action. The employee shall be furnished with specified charges in writing when a reduction, dismissal, suspension, or demotion action is taken. Such appeal shall be in writing and filed with the board and shall be heard by the board or a hearing examiner duly appointed by the board within thirty days after notice of appeal is filed. The board shall furnish the agency with a copy of the appeal in advance of the hearing.

(2) An employee incumbent in a position at the time of its allocation or reallocation, or the agency utilizing the position, may appeal the allocation or reallocation to the board. Notice of such appeal must be filed in writing within thirty days of the action from which appeal is taken.

NEW SECTION. Sec. 38. Hearings on appeals shall be open to the public, except for cases in which the board determines there is substantial reason for not having an open hearing or in cases where the employee so requests, and shall be informal with technical rules of evidence not applying to the proceedings except the rules of privilege recognized by law. Both the employee and the respondent agency shall be notified reasonably in advance of the hearing and may select representatives of their choosing, present and cross-examine witnesses, and give evidence before the board. Members of the board or the board's designee may, and shall at the request of either party, issue subpoenas and subpoenas duces tecum. All testimony shall be on oath administered by a member of the board. The board shall certify to the superior court the facts of any refusals to obey a subpoena, take the oath, or testify. The court shall summarily hear the evidence on such refusal and, if the evidence warrants, punish such refusal in the same manner and to the same extent as for contempt committed before, or in connection with the proceedings of, the court. The board shall prepare an official record of the hearing, including all testimony, recorded manually or by mechanical device, and exhibits; but it may not be required to transcribe such record unless requested by the employee, who shall be furnished with a complete transcript upon payment of a reasonable charge. Payment of the cost of a transcript used on appeal to superior court shall be made by the department of human resources.

NEW SECTION. Sec. 39. The board may appoint one or more hearing examiners to preside over and conduct hearings, and make recommended decisions, including findings of fact and conclusions of law in all appeals to the board. The hearing examiner shall conduct hearings in the same manner and shall have the same authority as provided in hearings by the board. The recommended decisions shall be forthwith served upon the parties and transmitted to the board together with a transcript of the evidence. Within thirty days of service of the recommended decision, any party adversely affected may file exceptions, and thereafter all parties may present written and oral argument to the board, which shall consider the whole record or such portions thereof as may be cited by the parties.

NEW SECTION. Sec. 40. (1) Within thirty days after the conclusion of the hearing, the board shall make and fully record in its permanent records the following: (a) Findings of fact; (b) conclusions of law when the construction of a rule, regulation, or statute is in question; and (c) the board's order based thereon. The order is final, subject to action by the court on appeal as provided in this chapter.

(2) The board shall simultaneously send a copy of the findings, conclusions, and order by certified mail to the respondent agency and to the employee or the employee's designated representative.

NEW SECTION. Sec. 41. (1) Within thirty days after the recording of the order and the mailing thereof, the employee may appeal the decision and order of the board, other than on appeals made pursuant to section 37(2) of this act, to the superior court of Thurston county or the county in which a regional office of the department is located. The appeal shall be on one or more of the grounds that the order was:

(a) Founded on or contained an error of law, which shall specifically include error in construction or application of any pertinent rules or regulations;

(b) Contrary to a preponderance of the evidence as disclosed by the entire record with respect to any specified finding or findings of fact;

(d) Based on violation of any constitutional provision; or

(e) Arbitrary or capricious.

(2) Such grounds shall be stated in a written notice of appeal filed with the court, with copies thereof served on a member of the board or the board's designee and on the respondent agency, all within the time stated.

(3) Within thirty days after service of such notice, or within such further time as the court may allow, the board shall transmit to the court a certified transcript of the hearing with exhibits; but by stipulation between the respondent agency and the employee the transcript may be shortened, and either party unreasonably refusing to stipulate to such limitation may be ordered by the court to pay the additional cost involved. The court may require or permit subsequent corrections or additions to the transcript.

NEW SECTION. Sec. 42. (1) The court shall review the record of the hearing without a jury on the basis of the transcript and exhibits, except that in case of alleged irregularities in procedure before the board not shown by the transcript the court may order testimony to be given thereon. The court shall upon request by either party hear oral argument and receive written briefs.

(2) The court may affirm the order of the board, remand the matter for further proceedings before the board, or reverse or modify the order if it finds that the objection thereto is well taken on any of the grounds stated. Appeal shall be available to the employee to the supreme court or the court of appeals from the order of the superior court as in other civil cases.

NEW SECTION. Sec. 43. (1) An employee who is terminated from state service may request the board to place the employee's name on an appropriate reemployment list and the board shall grant this request where the circumstances are found to warrant reemployment.

(2) Any employee, when fully reinstated after appeal, shall be guaranteed all employee rights and benefits, including back pay, sick leave, vacation accrual, retirement and OASDI credits.

NEW SECTION. Sec. 44. (1) In all appeals over which the board has jurisdiction involving reduction, dismissal, suspension, separation, or demotion, the board shall set the case for hearing, and the final decision, including an appeal to the board from the hearing examiner, if any, shall be rendered within ninety days from the date the appeal was first received. However, an extension may be permitted if agreed to by the employee and the respondent agency.

(2) In all appeals made pursuant to section 37(2) of this act, the decision of the board is final and not appealable to court.

PART XII

EXEMPTIONS

NEW SECTION. Sec. 45. This chapter does not apply to:

(1) 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 chairmen; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; 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.

(2) The director, his or her confidential secretary, assistant directors, and professional education employees of the state board for community college education.

(3) The director of human resources and his or her confidential secretary.

(4) Positions under the state internship program established under RCW 43.06.410.

(5) Printing craft employees in the department of printing of the University of Washington.

(6) 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 budget committee, statute law committee, and any interim committee of the legislature.

(7) 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.

(8) The officers of the Washington state patrol.

(9) Elective officers of the state.

(10) The chief executive officer of each agency.

(11) In the departments of employment security, fisheries, social and health services, the director and his or her 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 the statutory assistant directors.

(12) 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:

(a) All members of such boards, commissions, or committees;

(b) If the members of the board, commission, or committee serve on a part-time basis and there is a statutory executive officer: (i) The secretary of the board, commission, or committee; (ii) the chief executive officer of the board, commission, or committee; and (iii) the confidential secretary of the chief executive officer of the board, commission, or committee;

(c) If the members of the board, commission, or committee serve on a full-time basis: (i) The chief executive officer or administrative officer as designated by the board, commission, or committee; and (ii) a confidential secretary to the chairman of the board, commission, or committee;

(d) If all members of the board, commission, or committee serve ex officio: (i) The chief executive officer; and (ii) the confidential secretary of such chief executive officer.

(13) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state.

(14) Assistant attorneys general.

(15) Commissioned and enlisted personnel in the military service of the state.

(16) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the state human resources board.

(17) The public printer or to any employees of or positions in the state printing plant.

(18) Officers of the Washington state fruit commission.

(19) Officers of the Washington state apple advertising commission.

(20) Officers of the Washington state dairy products commission.

(21) Officers of the Washington tree fruit research commission.

(22) Officers of the Washington state beef commission.

(23) Officers of any commission formed under chapter 15.66 RCW.

(24) Officers of the state wheat commission formed under chapter 15.63 RCW.

(25) Officers of agricultural commissions formed under chapter 15.65 RCW.

(26) Officers of the nonprofit corporation formed under chapter 67.40 RCW.

(27) Liquor vendors appointed by the Washington state liquor control board pursuant to RCW 66.08.050. However, the rules adopted by the state human resources board regarding the basis for, and procedures to be followed for, the dismissal, suspension, or demotion of an employee, and appeals therefrom are fully applicable to liquor vendors except those part-time agency vendors employed by the liquor control board when, in addition to the sale of liquor for the state, they sell goods, wares, merchandise, or services as a self-sustaining private retail business.

(28) 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, institutions of higher education, or other bodies subject to the provisions of this chapter. This subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law.

(29) All employees of the marine employees' commission.

(30) In the department of corrections, the secretary, the secretary's personal secretary, the deputy secretary, all division directors and assistant directors, all facility superintendents and associate superintendents for facilities with a resident capacity of fifty or more and all management and sales staff of institutional industries.

(31) The state historic preservation officer.

(32) Up to two professional staff members within the emergency management program of the department of community development.

(33) In the department of ecology, the director, his or her confidential secretary, the deputy director, and not to exceed six assistant directors.

(34) In the office of financial management, the director, his or her confidential secretary, not to exceed two deputy directors, and not to exceed seven assistant directors.

(35) In the department of social and health services, the secretary; the secretary's executive assistant, if any; not to exceed six assistant secretaries, thirteen division directors, six regional directors; one confidential secretary for each of the above-named officers; not to exceed six bureau chiefs; and all superintendents of institutions of which the average daily population equals or exceeds one hundred residents. Each confidential secretary must meet the minimum qualifications for the class of secretary II as determined by the board.

(36) In the department of veterans affairs, the director, the deputy director, and to no more than two assistants.

(37) In the department of transportation, the secretary, a deputy secretary, an administrative assistant to the secretary, if any, one assistant secretary for each division designated pursuant to RCW 47.01.081, one confidential secretary for each of the above-named officers, up to six transportation district administrators and one confidential secretary for each district administrator, up to six additional new administrators or confidential secretaries designated by the secretary of transportation and approved by the board pursuant to section 46 of this act, the legislative liaison for the department, the state construction engineer, the state aid engineer, the personnel manager, the state project development engineer, the state maintenance and operations engineer, one confidential secretary for each of the last-named five positions, and a confidential secretary for the public affairs administrator. The individuals appointed under this subsection shall be exempt from the provisions of the state civil service law, and shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for individuals exempt from the operation of the state civil service law.

(38) In the state energy office, the director, one confidential secretary, and up to seven professional staff members.

(39) In the office of minority and women's business enterprises, the director, the director's confidential secretary, and the deputy director.

(40) Any position in or employee of the Washington law revision commission.

(41) In the department of agriculture, the director, the director's confidential secretary, the deputy director, not more than six assistant directors, and the state veterinarian.

(42) The executive director and one confidential secretary of the world fair commission.

(43) Officers of the Washington state school directors' association.

(44) The economic and revenue forecast supervisor and staff employed under RCW 82.01.120.

(45) In the department of trade and economic development, the director, one confidential secretary, the deputy directors, and all assistant directors.

(46) Personnel covered by chapter 47.64 RCW.

NEW SECTION. Sec. 46. (1) In addition to the exemptions specifically provided by this chapter, the state human resources board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official or the chief executive officer of institutions of higher education may submit requests for exemption to the board stating the reasons for requesting such exemptions. The board shall hold a public hearing, after proper notice, on requests submitted pursuant to this subsection.

(a) In the case of a request by the governor or other appropriate elected official, 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 board shall grant the request and such determination shall be final. The total number of additional exemptions permitted under this subsection shall not exceed one hundred eighty-seven 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.

(b) In the case of a request by the chief executive officer of an institution of higher education, if the board determines that the position for which exemption is requested is one involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training, and principal assistants to executive heads of major administrative or academic divisions, the board may grant the request. However, no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempt. The board may delegate to an institution of higher education authority to exempt positions under this section for the institution.

The state human resources board shall report to each regular session of the legislature during an odd-numbered year all exemptions granted pursuant to this subsection, together with the reasons for such exemptions.

(2) 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 section 45 (14) through (26) of this act, shall be determined by the state human resources board.

(3) Any person holding a classified position subject to 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, within four years from the date of appointment to the exempt position. However, (a) upon the prior request of the appointing authority of the exempt position, the board may approve one extension of no more than four years; and (b) if an appointment was accepted prior to July 10, 1982, then the four-year period shall begin on July 10, 1982.

PART XIII

OTHER PROVISIONS

NEW SECTION. Sec. 47. The department of human resources shall undertake comprehensive salary and fringe benefit surveys for officers of the Washington state patrol, with such surveys to be conducted in the year prior to the convening of every other one hundred five day regular session of the state legislature. In the year prior to the convening of each one hundred five day regular session during which a comprehensive salary and fringe benefit survey is not conducted, the department shall conduct a trend salary and fringe benefit survey. This survey shall measure average salary and fringe benefit movement which has occurred since the last comprehensive salary and fringe benefit survey was conducted. The results of each comprehensive and trend survey shall be completed and forwarded by September 30, after review and concurrence by the chief of the Washington state patrol, to the governor and director of financial management for their use in preparing budgets to be submitted to the succeeding legislature. A copy of the data and supporting documentation shall be furnished by the department of human resources to the standing committees for appropriations of the senate and house of representatives. The office of financial management shall analyze the survey results and conduct investigations which may be necessary to arbitrate differences between interested parties regarding the accuracy of collected survey data and the use of such data for salary adjustment.

Surveys conducted by the department of human resources for the Washington state patrol shall be undertaken in a manner consistent with statistically accurate sampling techniques, including comparisons of weighted averages of salaries. This service performed by the department of human resources shall be on a reimbursable basis in accordance with section 49 of this act.

A comprehensive salary and fringe benefits survey plan shall be submitted jointly by the department of human resources and the Washington state patrol to the director of financial management, the committee on ways and means of the senate, and the committee on appropriations of the house of representatives six months before the beginning of each periodic survey.

The first trend salary and fringe benefit survey required by this section shall be completed and forwarded to the governor and the director of financial management by September 30, 1988.

NEW SECTION. Sec. 48. Nothing contained in this chapter shall prohibit any agency from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract by the agency prior to April 23, 1979. However, no such contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract.

NEW SECTION. Sec. 49. Notwithstanding the provisions of this chapter, the director of the department of human resources may make the department's services available on request, on a reimbursable basis, to:

(1) Either the legislative or the judicial branch of the state government;

(2) Any county, city, town, or other municipal subdivision of the state;

(3) Any agency, class, or position set forth in section 45 of this act.

NEW SECTION. Sec. 50. (1) Solicitation for or payment to any partisan, political organization or for any partisan, political purpose of any compulsory assessment or involuntary contribution is prohibited. However, officers of employee associations are not prohibited from soliciting dues or contributions from members of their associations. No person may solicit on state property or property of a political subdivision of this state any contribution to be used for partisan, political purposes.

(2) Employees of the state or any political subdivision thereof shall have the right to vote and to express their opinions on all political subjects and candidates and to hold any political party office or participate in the management of a partisan, political campaign. Nothing in this section shall prohibit an employee of the state or any political subdivision thereof from participating fully in campaigns relating to constitutional amendments, referendums, initiatives, and issues of a similar character, and for nonpartisan offices.

(3) A classified civil service employee shall not hold a part time public office in a political subdivision of the state when the holding of such office is incompatible with, or substantially interferes with, the discharge of official duties in state employment.

(4) For persons employed in state agencies or agencies of any political subdivision of the state the operation of which is financed in total or primarily by federal grant-in-aid funds, political activity will be regulated by the rules and regulations of the United States civil service commission.

(5) The provisions of this section shall supersede all statutes, charter provisions, ordinances, resolutions, regulations, and requirements promulgated by the state or any subdivision thereof, including any provision of any county charter, insofar as they may be in conflict with the provisions of this section.

NEW SECTION. Sec. 51. If any part of this chapter shall be found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to state agencies or institutions of higher education, such conflicting part of this chapter is hereby declared to be inoperative solely to the extent of such conflict and with respect to the agencies or institutions directly affected, and such findings or determination shall not affect the operation of the remainder of this chapter in its application to the agencies or institutions concerned. The board shall make such rules as may be necessary to meet federal requirements which are a condition precedent to the receipt of federal funds.

NEW SECTION. Sec. 52. The board is authorized to receive and expend federal funds now available or hereafter made available for the assistance and improvement of public personnel administration.

NEW SECTION. Sec. 53. Nothing contained in this chapter shall be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement.

NEW SECTION. Sec. 54. (1) The state personnel board, the personnel appeals board, the higher education personnel board, and the department of personnel are hereby abolished. All powers, duties, and functions of these agencies are transferred to the state human resources board.

(2) All references to the abolished agencies in the Revised Code of Washington shall be construed to mean the state human resources board.

NEW SECTION. Sec. 55. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the agencies abolished in section 54 of this act and pertaining to the powers, functions, and duties transferred by section 54 of this act shall be delivered to the custody of the state human resources board. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the abolished agencies in carrying out the powers, functions, and duties transferred by section 54 of this act shall be made available to the state human resources board. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred by section 54 of this act shall be assigned to the state human resources board. Any appropriations made to the abolished agencies for carrying out the powers, functions, and duties transferred by section 54 of this act shall, on the effective date of this section, be transferred and credited to the state human resources board. Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 56. All classified employees of the abolished agencies engaged in performing the powers, functions, and duties transferred by section 54 of this act are transferred to the jurisdiction of the state human resources board. All employees of the abolished agencies classified under chapter 28B.16 or 41.06 RCW are assigned to the department of human resources to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 57. All rules and all pending business before the abolished agencies pertaining to the powers, functions, and duties transferred by section 54 of this act shall be continued and acted upon by the state human resources board. All existing contracts and obligations shall remain in full force and shall be performed by the state human resources board.

NEW SECTION. Sec. 58. The transfer of the powers, duties, functions, and personnel of the abolished agencies shall not affect the validity of any act performed by such employee prior to the effective date of this section.

NEW SECTION. Sec. 59. If apportionments of budgeted funds are required because of the transfers directed by sections 54 through 57 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 60. Rules, classification plans, compensation plans, and bargaining units adopted or established pursuant to chapters 28B.16 and 41.06 RCW shall remain in effect until superseded by action of the state human resources board.

NEW SECTION. Sec. 61. Sections 1 through 53 of this act shall constitute a new chapter in Title 41 RCW.

NEW SECTION. Sec. 62. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.010;

(2) Section 2, chapter 36, Laws of 1969 ex. sess., section 41, chapter 169, Laws of 1977 ex. sess., section 14, chapter 53, Laws of 1982 1st ex. sess., section 1, chapter 75, Laws of 1983 1st ex. sess., section 2, chapter 365, Laws of 1985, section 8, chapter 461, Laws of 1985 and RCW 28B.16.020;

(3) Section 3, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.030;

(4) Section 4, chapter 36, Laws of 1969 ex. sess., section 1, chapter 94, Laws of 1977 ex. sess., section 15, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.040;

(5) Section 9, chapter 442, Laws of 1985 and RCW 28B.16.041;

(6) Section 1, chapter 266, Laws of 1985 and RCW 28B.16.042;

(7) Section 6, chapter 36, Laws of 1969 ex. sess., section 73, chapter 34, Laws of 1975-'76 2nd ex. sess., section 19, chapter 338, Laws of 1981, section 63, chapter 287, Laws of 1984 and RCW 28B.16.060;

(8) Section 7, chapter 36, Laws of 1969 ex. sess., section 1, chapter 23, Laws of 1983 and RCW 28B.16.070;

(9) Section 8, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.080;

(10) Section 9, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.090;

(11) Section 10, chapter 36, Laws of 1969 ex. sess., section 1, chapter 19, Laws of 1971 ex. sess., section 2, chapter 154, Laws of 1973, section 2, chapter 75, Laws of 1973 1st ex. sess., section 1, chapter 122, Laws of 1975 1st ex. sess., section 8, chapter 152, Laws of 1977 ex. sess., section 15, chapter 151, Laws of 1979, section 16, chapter 53, Laws of 1982 1st ex. sess., section 2, chapter 75, Laws of 1983 1st ex. sess., section 1, chapter 365, Laws of 1985, section 9, chapter 461, Laws of 1985 and RCW 28B.16.100;

(12) Section 9, chapter 152, Laws of 1977 ex. sess., section 19, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.16.101;

(13) Section 13, chapter 152, Laws of 1977 ex. sess., section 17, chapter 53, Laws of 1982 1st ex. sess., section 10, chapter 461, Laws of 1985 and RCW 28B.16.105;

(14) Section 11, chapter 36, Laws of 1969 ex. sess., section 2, chapter 122, Laws of 1975 1st ex. sess., section 10, chapter 152, Laws of 1977 ex. sess., section 16, chapter 151, Laws of 1979, section 3, chapter 11, Laws of 1980, section 1, chapter 94, Laws of 1985 and RCW 28B.16.110;

(15) Section 11, chapter 152, Laws of 1977 ex. sess., section 17, chapter 151, Laws of 1979, section 4, chapter 158, Laws of 1986 and RCW 28B.16.112;

(16) Section 12, chapter 152, Laws of 1977 ex. sess. and RCW 28B.16.113;

(17) Section 3, chapter 75, Laws of 1983 1st ex. sess. and RCW 28B.16.116;

(18) Section 12, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.120;

(19) Section 13, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.130;

(20) Section 14, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.140;

(21) Section 15, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.150;

(22) Section 16, chapter 36, Laws of 1969 ex. sess., section 72, chapter 81, Laws of 1971 and RCW 28B.16.160;

(23) Section 26, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.170;

(24) Section 17, chapter 36, Laws of 1969 ex. sess., section 3, chapter 46, Laws of 1973 1st ex. sess. and RCW 28B.16.180;

(25) Section 19, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.190;

(26) Section 20, chapter 36, Laws of 1969 ex. sess., section 18, chapter 151, Laws of 1979 and RCW 28B.16.200;

(27) Section 29, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.210;

(28) Section 31, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.220;

(29) Section 14, chapter 215, Laws of 1969 ex. sess., section 6, chapter 62, Laws of 1973 and RCW 28B.16.230;

(30) Section 1, chapter 46, Laws of 1979 ex. sess. and RCW 28B.16.240;

(31) Section 11, chapter 461, Laws of 1985 and RCW 28B.16.255;

(32) Section 12, chapter 461, Laws of 1985 and RCW 28B.16.265;

(33) Section 13, chapter 461, Laws of 1985 and RCW 28B.16.275;

(34) Section 18, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.900;

(35) Section 27, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.910;

(36) Section 30, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.920; and

(37) Section 28, chapter 36, Laws of 1969 ex. sess. and RCW 28B.16.930.

NEW SECTION. Sec. 63. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 1, Laws of 1961, section 1, chapter 118, Laws of 1980 and RCW 41.06.010;

(2) Section 1, chapter 12, Laws of 1970 ex. sess., section 2, chapter 118, Laws of 1980, section 1, chapter 53, Laws of 1982 1st ex. sess., section 4, chapter 75, Laws of 1983 1st ex. sess., section 3, chapter 365, Laws of 1985, section 1, chapter 461, Laws of 1985 and RCW 41.06.020;

(3) Section 3, chapter 1, Laws of 1961 and RCW 41.06.030;

(4) Section 4, chapter 1, Laws of 1961, section 22, chapter 36, Laws of 1969 ex. sess. and RCW 41.06.040;

(5) Section 1, chapter 11, Laws of 1972 ex. sess., section 1, chapter 133, Laws of 1973 1st ex. sess., section 14, chapter 87, Laws of 1980, section 2, chapter 225, Laws of 1981, section 2, chapter 53, Laws of 1982 1st ex. sess., section 21, chapter 15, Laws of 1983, section 2, chapter 210, Laws of 1984, section 1, chapter 221, Laws of 1985 and RCW 41.06.070;

(6) Section 28, chapter 136, Laws of 1981, section 1, chapter 175, Laws of 1983 and RCW 41.06.071;

(7) Section 8, chapter 266, Laws of 1986 and RCW 41.06.072;

(8) Section 11, chapter 62, Laws of 1970 ex. sess. and RCW 41.06.073;

(9) Section 7, chapter 239, Laws of 1969 ex. sess., section 56, chapter 151, Laws of 1979 and RCW 41.06.075;

(10) Section 8, chapter 18, Laws of 1970 ex. sess., section 1, chapter 73, Laws of 1980 and RCW 41.06.076;

(11) Section 7, chapter 115, Laws of 1975-'76 2nd ex. sess. and RCW 41.06.077;

(12) Section 13, chapter 151, Laws of 1977 ex. sess., section 1, chapter 178, Laws of 1985 and RCW 41.06.079;

(13) Section 2, chapter 12, Laws of 1970 ex. sess. and RCW 41.06.080;

(14) Section 10, chapter 295, Laws of 1981 and RCW 41.06.081;

(15) Section 14, chapter 120, Laws of 1983 and RCW 41.06.082;

(16) Section 10, chapter 183, Laws of 1982 and RCW 41.06.083;

(17) Section 11, chapter 248, Laws of 1983 and RCW 41.06.084;

(18) Section 6, chapter 177, Laws of 1983 and RCW 41.06.085;

(19) Section 5, chapter 187, Laws of 1983 and RCW 41.06.086;

(20) Section 2, chapter 138, Laws of 1984 and RCW 41.06.087;

(21) Section 8, chapter 442, Laws of 1985 and RCW 41.06.088;

(22) Section 15, chapter 466, Laws of 1985 and RCW 41.06.089;

(23) Section 8, chapter 10, Laws of 1982, section 69, chapter 287, Laws of 1984 and RCW 41.06.110;

(24) Section 12, chapter 1, Laws of 1961, section 2, chapter 43, Laws of 1975-'76 2nd ex. sess., section 17, chapter 311, Laws of 1981 and RCW 41.06.120;

(25) Section 13, chapter 1, Laws of 1961, section 3, chapter 53, Laws of 1982 1st ex. sess. and RCW 41.06.130;

(26) Section 14, chapter 1, Laws of 1961 and RCW 41.06.140;

(27) Section 4, chapter 53, Laws of 1982 1st ex. sess., section 5, chapter 75, Laws of 1983 1st ex. sess., section 5, chapter 365, Laws of 1985, section 2, chapter 461, Laws of 1985 and RCW 41.06.150;

(28) Section 6, chapter 75, Laws of 1983 1st ex. sess. and RCW 41.06.155;

(29) Section 16, chapter 1, Laws of 1961, section 2, chapter 152, Laws of 1977 ex. sess., section 58, chapter 151, Laws of 1979, section 1, chapter 11, Laws of 1980, section 2, chapter 94, Laws of 1985 and RCW 41.06.160;

(30) Section 3, chapter 152, Laws of 1977 ex. sess., section 59, chapter 151, Laws of 1979, section 6, chapter 158, Laws of 1986 and RCW 41.06.163;

(31) Section 4, chapter 152, Laws of 1977 ex. sess. and RCW 41.06.165;

(32) Section 5, chapter 152, Laws of 1977 ex. sess., section 60, chapter 151, Laws of 1979, section 2, chapter 11, Laws of 1980, section 3, chapter 94, Laws of 1985, section 7, chapter 158, Laws of 1986 and RCW 41.06.167;

(33) Section 6, chapter 152, Laws of 1977 ex. sess., section 5, chapter 53, Laws of 1982 1st ex. sess., section 3, chapter 461, Laws of 1985 and RCW 41.06.169;

(34) Section 17, chapter 1, Laws of 1961, section 3, chapter 43, Laws of 1975-'76 2nd ex. sess., section 19, chapter 311, Laws of 1981 and RCW 41.06.170;

(35) Section 4, chapter 461, Laws of 1985 and RCW 41.06.176;

(36) Section 5, chapter 461, Laws of 1985 and RCW 41.06.186;

(37) Section 6, chapter 461, Laws of 1985 and RCW 41.06.196;

(38) Section 22, chapter 1, Laws of 1961 and RCW 41.06.220;

(39) Section 23, chapter 1, Laws of 1961 and RCW 41.06.230;

(40) Section 24, chapter 1, Laws of 1961 and RCW 41.06.240;

(41) Section 25, chapter 1, Laws of 1961, section 1, chapter 136, Laws of 1974 ex. sess. and RCW 41.06.250;

(42) Section 26, chapter 1, Laws of 1961 and RCW 41.06.260;

(43) Section 27, chapter 1, Laws of 1961, section 61, chapter 151, Laws of 1979 and RCW 41.06.270;

(44) Section 28, chapter 1, Laws of 1961, section 1, chapter 215, Laws of 1963, section 13, chapter 167, Laws of 1982, section 45, chapter 7, Laws of 1984 and RCW 41.06.280;

(45) Section 29, chapter 1, Laws of 1961 and RCW 41.06.290;

(46) Section 1, chapter 45, Laws of 1969 and RCW 41.06.300;

(47) Section 2, chapter 45, Laws of 1969 and RCW 41.06.310;

(48) Section 3, chapter 45, Laws of 1969 and RCW 41.06.320;

(49) Section 4, chapter 45, Laws of 1969 and RCW 41.06.330;

(50) Section 13, chapter 215, Laws of 1969 ex. sess. and RCW 41.06.340;

(51) Section 1, chapter 152, Laws of 1969 ex. sess. and RCW 41.06.350;

(52) Section 2, chapter 46, Laws of 1979 ex. sess. and RCW 41.06.380;

(53) Section 4, chapter 118, Laws of 1980 and RCW 41.06.400;

(54) Section 5, chapter 118, Laws of 1980 and RCW 41.06.410;

(55) Section 6, chapter 118, Laws of 1980 and RCW 41.06.420;

(56) Section 7, chapter 118, Laws of 1980 and RCW 41.06.430;

(57) Section 10, chapter 208, Laws of 1982 and RCW 41.06.450;

(58) Section 11, chapter 208, Laws of 1982 and RCW 41.06.455;

(59) Section 12, chapter 208, Laws of 1982 and RCW 41.06.460;

(60) Section 2, chapter 269, Laws of 1986 and RCW 41.06.475;

(61) Section 34, chapter 1, Laws of 1961 and RCW 41.06.900;

(62) Section 35, chapter 1, Laws of 1961 and RCW 41.06.910; and

(63) Section 5, chapter 43, Laws of 1975-'76 2nd ex. sess. and RCW 41.06.911.

NEW SECTION. Sec. 64. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 311, Laws of 1981 and RCW 41.64.010;

(2) Section 3, chapter 311, Laws of 1981 and RCW 41.64.020;

(3) Section 4, chapter 311, Laws of 1981, section 4, chapter 34, Laws of 1984, section 73, chapter 287, Laws of 1984 and RCW 41.64.030;

(4) Section 5, chapter 311, Laws of 1981 and RCW 41.64.040;

(5) Section 6, chapter 311, Laws of 1981 and RCW 41.64.050;

(6) Section 7, chapter 311, Laws of 1981 and RCW 41.64.060;

(7) Section 8, chapter 311, Laws of 1981 and RCW 41.64.070;

(8) Section 9, chapter 311, Laws of 1981 and RCW 41.64.080;

(9) Section 10, chapter 311, Laws of 1981 and RCW 41.64.090;

(10) Section 11, chapter 311, Laws of 1981 and RCW 41.64.100;

(11) Section 12, chapter 311, Laws of 1981, section 7, chapter 461, Laws of 1985 and RCW 41.64.110;

(12) Section 13, chapter 311, Laws of 1981 and RCW 41.64.120;

(13) Section 14, chapter 311, Laws of 1981 and RCW 41.64.130;

(14) Section 15, chapter 311, Laws of 1981 and RCW 41.64.140;

(15) Section 2, chapter 311, Laws of 1981 and RCW 41.64.900; and

(16) Section 24, chapter 311, Laws of 1981 and RCW 41.64.910.

NEW SECTION. Sec. 65. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 66. Sections 4 through 9 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately. The remainder of this act shall take effect on July 1, 1988.