SENATE BILL REPORT

 

 

                                   SSB 5140

 

 

BYSenate Committee on Ways & Means (originally sponsored by Senators McCaslin and DeJarnatt; by request of Governor)

 

 

Changing provisions relating to state personnel administration.

 

 

Senate Committee on Ways & Means

 

      Senate Hearing Date(s):February 22, 1989; March 3, 1989

 

Majority Report:  That Substitute Senate Bill No. 5140 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bluechel, Cantu, Hayner, Johnson, Lee, Matson, Newhouse, Saling, Smith, Wojahn.

 

Minority Report:  That it not be substituted and do not pass.

      Signed by Senators Fleming, Gaspard, Moore, Niemi, Owen, Talmadge, Warnke, Williams.

 

      Senate Staff:Steve Jones (786-7715)

                  March 15, 1989

 

 

                       AS PASSED SENATE, MARCH 14, 1989

 

BACKGROUND:

 

The state's civil service system is currently organized as follows:

 

The State Personnel Board is composed of three members appointed by the Governor for six-year terms, subject to confirmation by the Senate.  Their compensation is $100 per day (Class IV Group), and a number of qualifications are required, including a demonstrated belief in the merit principle as well as several conflict of interest provisions.

 

The Director of Personnel is appointed by the Governor from a list of three names submitted by the Personnel Board; the appointee must stand highest on an examination conducted by a special committee and have substantial experience in personnel management.  The director may be removed for cause by the Governor with approval of a majority of the Personnel Board.  The current salary, set by the State Committee on Agency Officials' Salaries, is $77,676.

 

The Personnel Appeals Board is also composed of three members appointed by the Governor for six-year terms and subject to Senate confirmation.  Compensation and qualifications are similar to those for the State Personnel Board.

 

Allocation of powers within the system is as follows:

 

The State Personnel Board adopts all major rules for the civil service system, ranging from employee classification, examination and appointment to certifying bargaining units, approving bargaining agreements, grievances, and salary schedules and a comparable worth system.  In addition, the Personnel Board conducts appeals relating to employment applications and eligibility for employment as well as arbitration of unresolved grievances and negotiation impasses.

 

The Director of Personnel supervises all administrative and technical activities of the Department of Personnel in accordance with the state civil service law and the rules of the Personnel Board.

 

The Personnel Appeals Board conducts employee appeals relating to reductions in rank, dismissal or demotions and allocation or reallocation of positions.  The board may appoint hearings examiners, who hold the hearings and recommend a decision in each case.  Within 30 days of the recommended decision, an appeal may be filed directly with the Appeals Board.  The board's decision is final, subject to review in superior court under certain circumstances.

 

SUMMARY:

 

The State Personnel Board is abolished, and all of its rulemaking power is transferred to the Director of Personnel.  The board's appeals powers are transferred to the Personnel Appeals Board.  The Director of Personnel is appointed directly by and serves at the pleasure of the Governor.  The position is subject to confirmation by the Senate.

 

The Personnel Appeals Board becomes a full-time board, with member compensation established by the Committee on Agency Officials' Salaries.  The specific appeals powers which are transferred to the board are those relating to employment applications, examinations and eligibility for employment, and arbitration of grievances and impasses.

 

Standard provisions are included for the transferred powers as appropriate, and statutory references are revised to conform with the new structure.

 

The number of exempt positions in the civil service system are increased by 96 and the maximum size of the Career Executive Program is increased from 1 percent of civil service to 2 percent.  The number of applicants certified by the Department of Personnel for job openings above Range 50 on the salary schedule is increased from five to ten.  Agencies re-employing persons following a reduction-in-force (RIF) may choose from among the top four names on the RIF register plus one name from other registers.  The probationary period for all classified positions is extended from six to twelve months.  Incremental salary increases for exempt personnel require the written approval of the agency director.  Compensatory time and overtime pay are prohibited for exempt personnel not covered by the federal Fair Labor Standards Act.  A management performance recognition payment program is established to provide one-time payments to exempt management personnel who meet agency management goals and objectives.

 

Appropriation:    none

 

Revenue:    none

 

Fiscal Note:      available

 

Effective Date:January 1, 1990

 

Senate Committee - Testified: Joe Dear, Director of Labor and Industries (pro); Dick Davis, Governor's Office (pro); Larry Kenney, Washington State Labor Council (con); Leonard Nord, Director of Department of Personnel, retired (con); Gary Moore, Washington Federation of State Employees (con); Eugene St. John, Washington State Employees Association (con); Joe Daniels, International Federation of Professional/Technical Engineers (con); K. Collins Sprague, Association of Washington Business (pro)