SENATE BILL REPORT

SB 5331

BYSenators McCaslin, DeJarnatt, Nelson and Johnson; by request of Governor

Revising personnel administration.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 2, 1989

Senate Staff:Barbara Howard (786-7410); Eugene Green (786-7405)

AS OF FEBRUARY 3, 1989

BACKGROUND:

The basic goal of exempting a limited number of positions from the civil service system is to provide flexibility at the upper management levels in state government.

Positions become exempt in two ways: (1) a position or group of positions may be specifically exempted in statute; and (2) a specific number of exempt positions is granted by law to the Governor or other elected officials.  The first group covers 26 classes of employees, including members and staff of the judicial branches, directors and confidential secretaries of state agencies and the Washington State Patrol.  The "executive exempt" positions, which must be approved by the State Personnel Board, may not exceed 187 for the Governor or 25 for other elected officials.

Reversion to classified status.  Certain employees who have once held classified status may return to the highest class of position previously held, or to a position similar in duties and salary.  An employee must exercise his or her reversionary rights within four years of accepting the exempt appointment, although the State Personnel Board may extend the period for four more years at the request of the appointing agency.

The career executive program.  In 1980, the Legislature established a Career Executive Program to recognize excellence in management and management skills.  The number of persons in the program may not exceed 1 percent of the total number of civil service employees.  Under Personnel Board rules, career executives may come from the ranks of both classified and exempt positions.  Career executives may be recruited from outside the state personnel system as well as from within.  Where applicable, career executives have reversionary rights.  The current complement is 336, of which 91 percent were recruited from the classified service.

SUMMARY:

The list of statutorily exempt positions is extended to cover employees who have been delegated appointing authority or who serve as principal assistants to agency heads, including deputy or assistant directors, senior assistants, division directors, bureau or office chiefs, and district administrators in all state agencies.

The four-year limit on reversionary rights is eliminated.  However, the right of reversion is denied to any individual in an exempt position who is dismissed for gross misconduct or malfeasance.

The Career Executive Program is doubled in scope, to include 2 percent of state civil service employees.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 26, 1989