FINAL BILL REPORT

HB 2567

                                   C 60 L 90

BYRepresentatives Todd, McLean, R. Fisher and Sprenkle; by request of Governor Gardner

Changing provisions relating to state employment.

House Committe on State Government

Rereferred House Committee on Appropriations

Senate Committee on Ways & Means

SYNOPSIS AS ENACTED

BACKGROUND:

Administration and operation of the state's civil service system, covering more than 41,000 employees, is the responsibility of the Department of Personnel. The Higher Education Personnel Board oversees an additional 16,500 classified employees of institutions of higher education.

Exempt Employees.  There are about 1,500 employees of state agencies (other than employees in higher education) who are exempt from the civil service system.  A position can be designated exempt in two ways:

1)  Statutory Exemptions.  Twenty-six classes of employees are designated exempt in statute.  These include employees of the legislative and judicial branches, directors of state agencies, and officers of the Washington State Patrol.

2)  Executive Request Exemptions.  The State Personnel Board may designate a position exempt at the request of the governor or other elective officials.  Additional exemptions by request may not exceed 187 for the governor and 25 for elective officials.

Reversion Rights.  Employees who accept appointments to exempt positions, or who hold classified positions that are later designated exempt, are given the right to revert to civil service status to the highest class of position they previously held. To retain this right, employees must revert to the civil service within four years of the exempt appointment.  The State Personnel Board may extend the period for an additional four years. The same reversion rights also apply to employees classified under the Higher Education Personnel Board system.

Career Executives.  The Career Executive Program was established in 1980 to recognize and foster excellence in managerial skills.  Positions designated as "career executive" are filled with middle and upper level managers who then have opportunities for further management training and development offered by the program.

The program is limited by statute to not more than 1 percent of the total number of state civil service employees and currently has 340 participants.

Tied Scores.  Statutory law limits the number of candidates, from which a state agency may select to fill an empty position, to the five candidates scoring highest on the employment test.  If more than one applicant ties as the fifth candidate, a single applicant is chosen by lot.  This method of reducing the number of candidates to five when there are tied test scores is used by both the Department of Personnel and the Higher Education Personnel Board.

Employee Advisory Service.  The Employee Advisory Service (EAS) was established in the Department of Personnel in 1972 to assist employees whose personal problems are impairing their job performance.  Employees either seek assistance voluntarily, or are referred by agency management due to poor job performance.  In 1989, EAS offered information and referral, counseling, and manager training services to 4,000 state employees, including employees of the higher education personnel system.  EAS is an agency program and has not been created in statute, nor are there administrative rules governing it in the Washington Administrative Code.

SUMMARY:

Exempt Employees.  The list of statutorily exempt employees is expanded to include, in agencies of 50 or more employees: deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency head.

Reversion Rights.  The four-year limit on the right of exempt employees to revert to classified status is eliminated under both the state personnel system and the higher education personnel system.  If an employee is fired for gross misconduct or malfeasance, that employee is denied the right of reversion.

Career Executives.  The Career Executive Program is expanded from 1 to 2 percent of all state civil service employees.

Tied Scores.  Under the state personnel system and the higher education personnel system, when more than one applicant for a vacancy has the fifth highest test score, the other applicants are also to be certified as candidates for the vacancy.

Employee Assistance Program.  The Employee Assistance Program is created to provide support and services to state employees who have personal problems that impair their work performance.  The director of Personnel is authorized to:  administer and develop policies for the program; encourage and promote voluntary use of the program by employees; offer substance abuse prevention and awareness activities through the program and the Wellness Program; and train and encourage agencies and supervisors in the proper use of program services. Proper use of the program by managers is to be included in management training and performance evaluation.

An employee's participation in the Employee Assistance Program is strictly confidential, except that agency management may be provided with the following information about employees referred by management due to poor job performance:  whether the employee made an appointment; the date and time the employee arrived and departed; whether the employee agreed to follow the advice of counselors, and whether further appointments were scheduled.

Participation or nonparticipation by any employee in the program is not to be a factor in any decision affecting the employee's job security, opportunity for promotion, disciplinary action, or other employment rights.

VOTES ON FINAL PASSAGE:

      House 83  11

      Senate    41     7 (Senate amended)

      House 94   0 (House concurred)

EFFECTIVE:June 7, 1990