S-4858               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5587

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senate Committee on Economic Development & Labor (originally sponsored by Senators Smith and Johnson)

Read first time 2/2/90.

AN ACT Relating to transfer of law enforcement officers; and amending RCW 41.14.080 and 41.12.050.

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

        Sec. 1.  Section 8, chapter 1, Laws of 1959 as amended by section 1, chapter 108, Laws of 1980 and RCW 41.14.080 are each amended to read as follows:

(1) All appointments to and promotions to positions in the classified civil service of the office of county sheriff shall be made solely on merit, efficiency, and fitness, which shall be ascertained by open competitive examination and impartial investigation:  PROVIDED, That before June 30, 1981, employees in an existing county personnel system may be transferred to newly created and classified positions within such county's sheriff's office, in order to permanently transfer the functions of these positions, without meeting the open competitive examination requirements of this section if the transfer is approved by the civil service commission created in RCW 41.14.030. No person in the classified civil service shall be reinstated in or transferred, suspended, or discharged from any such place, position, or employment contrary to the provisions of this chapter.

(2) Employees within a classified civil service of a city police department or a county sheriff's office may be transferred to a classified position with any county sheriff's office without meeting the open competitive examination requirements of this section.

(3) If a transfer occurs in accordance with subsection (2) of this section, the transferring officer or sheriff, if required to make any reimbursement for the cost of his or her training, shall in turn be reimbursed for this cost by the city, town, municipality, or county to which he or she transfers, if the transfer is voluntary and is to another city, town, municipality, or county in the state of Washington.

        Sec. 2.  Section 4, chapter 13, Laws of 1937 as amended by section 2, chapter 339, Laws of 1987 and RCW 41.12.050 are each amended to read as follows:

(1) The classified civil service and provisions of this chapter shall include all full paid employees of the police department of each city, town or municipality coming within its purview, except that individuals appointed as police chief after July 1, 1987, to a department with six or more commissioned officers, including the police chief, may be excluded by the legislative body of the city, town or municipality.  All appointments to and promotions in said department shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation.  No person shall be reinstated in or transferred, suspended or discharged from any such place, position or employment contrary to the provisions of this chapter.

(2) Employees within a classified civil service of a  city police department or a county sheriff's office may be transferred to a classified position within any city police department without meeting the open competitive examination requirements of this section.

(3) If a transfer occurs in accordance with subsection (2) of this section, the transferring officer or sheriff, if required to make any reimbursement for the cost of his or her training, shall in turn be reimbursed for this cost by the city, town, municipality, or county to which he or she transfers, if the transfer is voluntary and is to another city, town, municipality, or county in the state of Washington.