BP BHEAD INT S

AN ACT Relating to salary increases for employees of the common school system and community and technical colleges; amending 1993 sp.s. c 24 s 602 (uncodified); amending 1993 sp.s. c 24 s 915 (uncodified); reenacting and amending RCW 41.06.150; adding a new section to 1993 sp.s. c 24; creating a new section; making appropriations; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature acknowledges its paramount duty under Article IX, section 1 of the state Constitution to amply provide for the education of the state's children. The legislature understands the reason for this constitutional priority; money invested in education reaps a return to the state in productive and enlightened citizens.

The legislature finds that in approving Initiative 601 the people of the state of Washington demanded fiscal accountability and increased efficiency from their state government. However, the legislature also finds that increased efficiency does not mean unnecessary reductions in funding for public schools nor unnecessary freezes on salary increases for educators.

The legislature also finds that the job of teaching has become increasingly difficult in recent years due to the increasing needs of students. In the face of these challenges, the teaching profession has kept the state's test scores above the national average.

The legislature also finds that the new performance-based education system aims to free teachers from state mandates and allow greater flexibility in the classroom. The new educational system will require even greater professional skills.

The legislature finds, however, that our state's educators are not receiving the compensation that reflects their professional skills. Salaries in Washington, as compared to the other states, have fallen from eighth in 1983 to seventeenth in 1993.

The legislature therefore concludes that efficiencies necessary to implement the spirit of Initiative 601 should be made in areas other than critical education programs. These efficiencies should be made in nonessential areas for the express purpose of making funds available for a salary increase for educators to maintain a quality education system for Washington state.

NEW SECTION. Sec. 2. A new section is added to 1993 sp.s. c 24 to read as follows:

The sum of $72,303,000, or as much thereof as may be necessary, is appropriated from the general fund to the superintendent of public instruction for allocation to school districts for the biennium ending June 30, 1995, to provide an average salary increase of three percent for all state-supported certificated instructional staff, state-supported certificated administrative staff, and state-supported classified staff, effective September 1, 1994. For the 1994-95 school year, the superintendent of public instruction shall modify the state-wide salary allocation schedule in section 503, chapter 24, Laws of 1993 sp. sess. (uncodified) and LEAP Document 12B to reflect the average three percent salary increase.

The appropriation in this section shall be allocated by the superintendent of public instruction according to the number of staff formula units generated in the following programs: General apportionment, pupil transportation, handicapped education, educational service districts, institutional education, the highly capable program, transitional bilingual program, and the learning assistance program.

It is the intent of the legislature that this appropriation shall be funded by savings achieved in state general fund expenditures for the 1993-1995 fiscal biennium. To achieve the savings necessary to fund this appropriation, the office of financial management shall immediately make across-the-board reductions in state general fund allotments to all state agencies and institutions for furnishings, equipment, software, travel, goods and services, and other support costs.

Sec. 3. RCW 41.06.150 and 1993 sp.s. c 24 s 913 and 1993 c 281 s 27 are each reenacted and amended to read as follows:

The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed 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 six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;

(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 of probationary employees, depending on the job requirements of the class, except that entry level state park rangers shall serve a probationary period of twelve months;

(7) Transfers;

(8) Sick leaves and vacations;

(9) Hours of work;

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

(11) Determination of appropriate bargaining units within any agency: PROVIDED, That 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;

(12) Certification and decertification of exclusive bargaining representatives: PROVIDED, That 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: PROVIDED FURTHER, That 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: PROVIDED FURTHER, That for purposes of this clause, 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: AND PROVIDED FURTHER, That 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, such 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;

(13) 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 such agency may lawfully exercise discretion;

(14) Written agreements 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: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;

(15) 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 such position. However, beginning July 1, 1993, through June 30, 1995, the board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW;

(16) Allocation and reallocation of positions within the classification plan;

(17) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;

(18) 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. However, beginning July 1, 1993, through June 30, 1995, increment increases shall not be provided to any classified or exempt employees under the jurisdiction of the board whose monthly salary on or after July 1, 1993, exceeds three thousand seven hundred fifty dollars, except for increases authorized under sections 2 and 4(6), chapter . . ., Laws of 1994 (uncodified) (sections 2 and 4(6) of this act);

(19) 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 surviving spouses by giving such eligible veterans and their surviving 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: PROVIDED, HOWEVER, That the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;

(20) 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: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;

(21) Assuring persons who are or have been employed in classified positions under chapter 28B.16 RCW before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;

(22) 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.

The board shall consult with the human rights commission in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the human rights commission which states the progress each state agency has made in meeting affirmative action goals and timetables.

NEW SECTION. Sec. 4. 1993 sp.s. c 24 s 602 (uncodified) is amended to read as follows:

FOR THE STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES

General FundCState Appropriation............... $ ((~~676,763,000~~))

680,463,000

General FundCFederal Appropriation............. $ 11,403,000

Industrial Insurance Premium Refund

Account Appropriation...................... $ 12,000

Employment and Training Trust

Fund Appropriation......................... $ 35,120,000

TOTAL APPROPRIATION............. $ ((~~723,298,000~~))

726,998,000

The appropriations in this section are subject to the following conditions and limitations:

(1) $2,883,000 of the general fundCstate appropriation is provided solely for 500 supplemental FTE enrollment slots to implement section 17, chapter 315, Laws of 1991 (timber-dependent communities).

(2) $35,120,000 of the employment and training trust fund appropriation is provided solely for training and related support services specified in Engrossed Substitute House Bill No. 1988 (employment and training). Of this amount:

(a) $27,630,000 shall provide enrollment opportunity for 3,500 full time equivalent students in fiscal year 1994 and 5,000 full time equivalent students in fiscal year 1995. The state board for community and technical colleges shall allocate the enrollments, with a minimum of 225 each year to Grays Harbor College;

(b) $3,245,000 shall provide child care for the children of the student enrollments funded in (a) of this subsection;

(d) $3,745,000 shall provide financial aid for the student enrollments funded in (a) of this subsection.

If Engrossed Substitute House Bill No. 1988 is not enacted by June 30, 1993, this appropriation shall lapse.

(3) $3,425,000 of the general fundCstate appropriation is provided solely for assessment of student outcomes.

(4) $1,412,000 of the general fundCstate appropriation is provided solely to recruit and retain minorities.

(5) For purposes of RCW 28B.15.515(2), there is no upper enrollment variance limit and college districts may enroll students above the general fundCstate level.

(6)(a) The appropriations in this section shall not be used for salary increases including increments, but may be used for increments required to be paid under chapter 41.06 RCW except as restricted under section 913 of this act and except as follows:

(i) $1,750,000 of the general fund‑-state appropriation is provided solely for incremental salary increases for faculty; and

(ii) $1,950,000 of the general fund‑-state appropriation is provided solely for incremental salary increases for classified employees.

(b) It is the intent of the legislature that the increases under (a)(i) and (ii) of this subsection shall be funded by savings achieved in state general fund expenditures for the 1993-1995 fiscal biennium. To achieve the savings necessary to fund this appropriation, the office of financial management shall immediately make across-the-board reductions in state general fund allotments to all state agencies and institutions for furnishings, equipment, software, travel, goods and services, and other support costs.

(7) $150,000 of the general fundCstate appropriation is provided solely for the two-plus-two program at Olympic College.

(8) $3,364,000 of the general fundCstate appropriation is provided solely for instructional equipment for technical colleges.

NEW SECTION. Sec. 5. 1993 sp.s. c 24 s 915 (uncodified) is amended to read as follows:

(1) Beginning July 1, 1993, and until June 30, 1995, no state agency may grant a salary increase to any employee who is exempt from chapter 41.06 RCW and whose monthly salary on or after July 1, 1993, exceeds $3,750, except exempt employees whose salaries are determined by an elected state official or the judicial branch and increases permitted under sections 2 and 4(6), chapter . . ., Laws of 1994 (uncodified) (sections 2 and 4(6) of this act).

(2) Beginning July 1, 1993, and until June 30, 1995, no institution of higher education may provide, from appropriations in this act, a salary increase to any employee who is exempt from chapter 41.06 RCW and whose monthly salary on or after July 1, 1993, exceeds $3,750, except increases permitted under sections 2 and 4(6), chapter . . ., Laws of 1994 (uncodified) (sections 2 and 4(6) of this act).

(3) It is the intent of the legislature to freeze salaries for all employees whose annual salary is greater than $45,000. In order to maintain equity and fairness across all employee groups, the legislature encourages state-wide elected officials and the judicial branch not to grant salary increases to employees who earn more than $45,000 a year.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.