AN
ACT Relating to authorizing state employee lump sum relocation assistance;
amending RCW 41.06.150; adding a new section to chapter 43.03 RCW; and creating
a new section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that recruiting and retaining a highly qualified work force
is essential to deliver high quality public programs. One factor that impairs
recruitment or transfer of public employees is the housing cost differential
between the rural and urban areas of the state. This housing cost differential
can cause state employees to decline promotional or transfer opportunities if
the costs associated with such moves are not compensated.
Therefore,
the legislature finds that it is in the interest of the citizens of the state
of Washington to authorize an employing agency to offer assistance to state
employees to relocate from one part of the state to another. This assistance
is referred to as relocation compensation and is commonplace with private and
federal government employers.
NEW
SECTION. Sec. 2. A
new section is added to chapter 43.03 RCW to read as follows:
An
agency may, within existing resources, authorize lump sum relocation
compensation when it determines it is necessary to successfully recruit and
retain qualified candidates who will have to make a domiciliary move in order
to accept the position. It is lawful for a state office, commission,
department, or institution to, within existing resources, authorize lump sum
relocation compensation as authorized by rule under chapter 41.06 RCW and in
accordance with the provisions of chapter 43.88 RCW. If the person receiving
the relocation payment terminates or causes termination with the state, for
reasons other than layoff, disability separation, or other good cause as
determined by an agency director, within one year of the date of the
employment, the state is entitled to reimbursement of the lump sum
compensation.
Sec.
3. RCW
41.06.150 and 1996 c 319 s 2 are each 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.
(a)
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.
(b)
Beginning July 1, 1995, through June 30, 1997, in addition to the requirements
of (a) of this subsection:
(i)
The board may approve the implementation of salary increases resulting from
adjustments to the classification plan during the 1995-97 fiscal biennium only
if:
(A)
The implementation will not result in additional net costs and the proposed
implementation has been approved by the director of financial management in
accordance with chapter 43.88 RCW;
(B)
The implementation will take effect on July 1, 1996, and the total net cost of
all such actions approved by the board for implementation during the 1995-97
fiscal biennium does not exceed the amounts specified by the legislature
specifically for this purpose; or
(C)
The implementation is a result of emergent conditions. Emergent conditions are
defined as emergency situations requiring the establishment of positions
necessary for the preservation of the public health, safety, or general
welfare, which do not exceed $250,000 of the moneys identified in section
718(2), chapter 18, Laws of 1995 2nd sp. sess.
(ii)
The board shall approve only those salary increases resulting from adjustments
to the classification plan if they are due to documented recruitment and
retention difficulties, salary compression or inversion, increased duties and
responsibilities, or inequities. For these purposes, inequities are defined as
similar work assigned to different job classes with a salary disparity greater
than 7.5 percent.
(iii)
Adjustments made to the higher education hospital special pay plan are exempt
from (b)(i) through (ii) of this subsection.
(c)
Reclassifications, class studies, and salary adjustments to be implemented
during the 1997-99 and subsequent fiscal biennia are governed by (a) of this
subsection and RCW 41.06.152;
(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;
(19)
Optional lump sum relocation compensation approved by the agency director,
whenever it is reasonably necessary that a person make a domiciliary move in
accepting a transfer or other employment with the state. An agency must
provide lump sum compensation within existing resources. If the person
receiving the relocation payment terminates or causes termination with the
state, for reasons other than layoff, disability separation, or other good
cause as determined by an agency director, within one year of the date of the
employment, the state is entitled to reimbursement of the lump sum compensation
from the person;
(20)
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)))
(21) 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)))
(22) Assuring persons who are or have been employed in classified
positions before July 1, 1993, will be eligible for employment, reemployment,
transfer, and promotion in respect to classified positions covered by this
chapter;
(((22)))
(23) 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.
