AN
ACT Relating to personnel; amending RCW 41.06.030, 41.06.150, 41.06.150,
41.06.022, 41.06.070, 41.06.110, 41.06.160, 41.06.167, 41.06.170, 41.06.186,
41.06.196, 41.06.270, 41.06.350, 41.06.400, 41.06.410, 41.06.450, 41.06.475,
41.06.490, 28B.12.060, 34.05.030, 34.12.020, 41.50.804, 43.06.425, 43.131.090,
49.46.010, 41.06.340, 13.40.320, 39.29.006, 41.04.385, 47.46.040, 72.09.100,
41.06.079, 41.06.152, 41.06.152, 41.06.500, 41.06.500, 43.23.010, 49.74.030,
49.74.030, 49.74.040, 49.74.040, and 41.56.201; reenacting and amending RCW
41.04.340; adding new sections to chapter 41.06 RCW; adding a new chapter to
Title 41 RCW; creating new sections; repealing RCW 41.06.163, 41.06.165,
41.06.140, 41.50.804, 41.06.520, 41.06.380, 41.06.382, 41.56.023, 41.56.201,
28B.16.015, 41.64.010, 41.64.020, 41.64.030, 41.64.040, 41.64.050, 41.64.060,
41.64.070, 41.64.080, 41.64.090, 41.64.100, 41.64.110, 41.64.120, 41.64.130,
41.64.140, and 41.64.910; providing effective dates; and providing expiration
dates.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART
I
TITLE
NEW
SECTION. Sec. 1. SHORT
TITLE. This act may be known and cited as the personnel
system reform act of 2002.
PART
II
CIVIL
SERVICE REFORM
Sec.
201. RCW
41.06.030 and 1993 c 281 s 20 are each amended to read as follows:
A
department of personnel((, governed by the Washington personnel resources
board and administered by a director of personnel,)) is hereby established
as a separate agency within the state government.
Sec.
202. RCW
41.06.150 and 1999 c 297 s 3 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)) Collective bargaining procedures:
(a)
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)))
(b) 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)))
(c) 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)))
(d) A collective bargaining agreement entered into under this subsection
before July 1, 2004, covering employees subject to sections 301 through 314 of
this act, that expires after July 1, 2004, shall remain in full force during
its duration, or until superseded by a collective bargaining agreement entered
into by the parties under sections 301 through 314 of this act. However, an
agreement entered into before July 1, 2004, may not be renewed or extended
beyond July 1, 2005. This subsection (11) does not apply to collective
bargaining negotiations or collective bargaining agreements entered into under
sections 301 through 314 of this act;
(12)
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)))
(13) Allocation and reallocation of positions within the classification
plan;
(((17)))
(14) 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)))
(15) 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)))
(16) 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)))
(17) 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;
(((21)))
(18) 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;
(((22)))
(19) 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;
(((23)))
(20) 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.
Sec.
203. RCW
41.06.150 and 2002 c . . . s 202 (section 202 of this act) are each
amended to read as follows:
The
((board)) director 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)))
(2) Examinations for all positions in the competitive and noncompetitive
service;
(((4)))
(3) 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)
Collective bargaining procedures:
(a)
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;
(b)
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;
(c)
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;
(d)
A collective bargaining agreement entered into under this subsection before
July 1, 2002, covering employees subject to sections 301 through 314 of this
act, that expires after July 1, 2002, shall remain in full force during its
duration, or until superseded by a collective bargaining agreement entered into
by the parties under sections 301 through 314 of this act. However, an
agreement entered into before July 1, 2002, may not be renewed or extended
beyond July 1, 2003. This subsection (11) does not apply to collective
bargaining negotiations or collective bargaining agreements entered into under
sections 301 through 314 of this act;
(12))) (4)
Adoption and revision of a comprehensive classification plan, in accordance
with rules adopted by the board under section 205 of this act, for all
positions in the classified service, based on investigation and analysis of the
duties and responsibilities of each such position and allocation and
reallocation of positions within the classification plan.
(a)
The ((board)) director 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)
Reclassifications, class studies, and salary adjustments are governed by (a) of
this subsection and RCW 41.06.152;
(((13)
Allocation and reallocation of positions within the classification plan;
(14)
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;
(15)
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;
(16)
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;
(17)
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;
(18))) (5)
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))
director may not authorize such delegation to any position lower than
the head of a major subdivision of the agency;
(((19)))
(6) 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;
(((20)))
(7) 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)) director 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.
Rules
adopted under this section by the director shall provide for local
administration and management by the institutions of higher education and
related boards, subject to periodic audit and review by the director.
NEW
SECTION. Sec. 204. A
new section is added to chapter 41.06 RCW to read as follows:
The
director shall adopt rules, consistent with the purposes and provisions of this
chapter 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)
Training and career development;
(3)
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;
(4)
Transfers;
(5)
Promotional preferences;
(6)
Sick leaves and vacations;
(7)
Hours of work;
(8)
Layoffs when necessary and subsequent reemployment, except for the financial
basis for layoffs;
(9)
The number of names to be certified for vacancies;
(10)
Adoption and revision of a state salary schedule to reflect the prevailing
rates in Washington state private industries and other governmental units. 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,
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 is subject to approval by the director of financial management in
accordance with chapter 43.88 RCW;
(11)
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;
(12)
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;
(13)
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 director, 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. However,
the surviving spouse of a veteran is entitled to the benefits of this section
regardless of the veteran's length of active military service. 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.
Rules
adopted under this section by the director shall provide for local
administration and management by the institutions of higher education and
related boards, subject to periodic audit and review by the director.
Rules
adopted by the director under this section may be superseded by the provisions
of a collective bargaining agreement negotiated under sections 301 through 314
of this act. The supersession of such rules shall only affect employees in the
respective collective bargaining units.
NEW
SECTION. Sec. 205. A
new section is added to chapter 41.06 RCW to read as follows:
(1)
The board shall conduct a comprehensive review of all rules in effect on the
effective date of this section governing the classification, allocation, and
reallocation of positions within the classified service. In conducting this
review, the board shall consult with state agencies, institutions of higher
education, employee organizations, and members of the general public. The
department shall assist the board in the conduct of this review, which shall be
completed by the board no later than July 1, 2003.
(2)
By March 15, 2004, the board shall adopt new rules governing the
classification, allocation, and reallocation of positions in the classified
service. In adopting such rules, the board shall adhere to the following
goals:
(a)
To improve the effectiveness and efficiency of the delivery of services to the
citizens of the state through the use of current personnel management processes
and to promote a workplace where the overall focus is on the recipient of
governmental services;
(b)
To develop a simplified classification system that will substantially reduce
the number of job classifications in the classified service and facilitate the
most effective use of the state personnel resources;
(c)
To develop a classification system to permit state agencies to respond flexibly
to changing technologies, economic and social conditions, and the needs of its
citizens;
(d)
To value workplace diversity;
(e)
To facilitate the reorganization and decentralization of governmental services;
and
(f)
To enhance mobility and career advancement opportunities.
(3)
Rules adopted by the board under subsection (2) of this section shall permit an
appointing authority and an employee organization representing classified
employees of the appointing authority for collective bargaining purposes to
make a joint request for the initiation of a classification study.
NEW
SECTION. Sec. 206. A
new section is added to chapter 41.06 RCW to read as follows:
In
accordance with rules adopted by the board under section 205 of this act, the
director shall, by January 1, 2005, begin to implement a new classification
system for positions in the classified service. Any employee who believes that
the director has incorrectly applied the rules of the board in determining a
job classification for a job held by that employee may appeal the director's
decision to the board by filing a notice in writing within thirty days of the
action from which the appeal is taken. Decisions of the board concerning such
appeals are final and not subject to further appeal.
Sec.
207. RCW
41.06.022 and 1993 c 281 s 8 are each amended to read as follows:
For
purposes of this chapter, "manager" means any employee who:
(1)
Formulates statewide policy or directs the work of an agency or agency
subdivision;
(2)
Is responsible to administer one or more statewide policies or programs of an
agency or agency subdivision;
(3)
Manages, administers, and controls a local branch office of an agency or agency
subdivision, including the physical, financial, or personnel resources;
(4)
Has substantial responsibility in personnel administration, legislative
relations, public information, or the preparation and administration of
budgets; or
(5)
Functionally is above the first level of supervision and exercises authority
that is not merely routine or clerical in nature and requires the consistent
use of independent judgment.
No
employee who is a member of the Washington management service may be included
in a collective bargaining unit established under sections 301 through 314 of
this act.
NEW
SECTION. Sec. 208. A
new section is added to chapter 41.06 RCW to read as follows:
(1)
Any department, agency, or institution of higher education may purchase
services, including services that have been customarily and historically
provided by employees in the classified service under this chapter, by
contracting with individuals, nonprofit organizations, businesses, employee
business units, or other entities if the following criteria are met:
(a)
The invitation for bid or request for proposal contains measurable standards
for the performance of the contract;
(b)
Employees in the classified service whose positions or work would be displaced
by the contract are provided an opportunity to offer alternatives to purchasing
services by contract and, if these alternatives are not accepted, compete for
the contract under competitive contracting procedures in subsection (4) of this
section;
(c)
The contract with an entity other than an employee business unit includes a
provision requiring the entity to consider employment of state employees who
may be displaced by the contract;
(d)
The department, agency, or institution of higher education has established a
contract monitoring process to measure contract performance, costs, service
delivery quality, and other contract standards, and to cancel contracts that do
not meet those standards; and
(e)
The department, agency, or institution of higher education has determined that
the contract results in savings or efficiency improvements. The contracting
agency must consider the consequences and potential mitigation of improper or
failed performance by the contractor.
(2)
Any provision contrary to or in conflict with this section in any collective
bargaining agreement in effect on the effective date of this section is not
effective beyond the expiration date of the agreement.
(3)
Contracting for services that is expressly mandated by the legislature or was
authorized by law prior to the effective date of this section, including
contracts and agreements between public entities, shall not be subject to the
processes set forth in subsections (1) and (4) through (6) of this section.
(4)
Competitive contracting shall be implemented as follows:
(a)
At least ninety days prior to the date the contracting agency requests bids
from private entities for a contract for services provided by classified
employees, the contracting agency shall notify the classified employees whose
positions or work would be displaced by the contract. The employees shall have
sixty days from the date of notification to offer alternatives to purchasing
services by contract, and the agency shall consider the alternatives before
requesting bids.
(b)
If the employees decide to compete for the contract, they shall notify the
contracting agency of their decision. Employees must form one or more employee
business units for the purpose of submitting a bid or bids to perform the
services.
(c)
The director of personnel, with the advice and assistance of the department of
general administration, shall develop and make available to employee business
units training in the bidding process and general bid preparation.
(d)
The director of general administration, with the advice and assistance of the
department of personnel, shall, by rule, establish procedures to ensure that
bids are submitted and evaluated in a fair and objective manner and that there
exists a competitive market for the service. Such rules shall include, but not
be limited to: (i) Prohibitions against participation in the bid evaluation
process by employees who prepared the business unit's bid or who perform any of
the services to be contracted; (ii) provisions to ensure no bidder receives an
advantage over other bidders and that bid requirements are applied equitably to
all parties; and (iii) procedures that require the contracting agency to
receive complaints regarding the bidding process and to consider them before
awarding the contract. Appeal of an agency's actions under this subsection is
an adjudicative proceeding and subject to the applicable provisions of chapter
34.05 RCW, the administrative procedure act, with the final decision to be
rendered by an administrative law judge assigned under chapter 34.12 RCW.
(e)
An employee business unit's bid must include the fully allocated costs of the
service, including the cost of the employees' salaries and benefits, space,
equipment, materials, and other costs necessary to perform the function. An
employee business unit's cost shall not include the state's indirect overhead
costs unless those costs can be attributed directly to the function in question
and would not exist if that function were not performed in state service.
(f)
A department, agency, or institution of higher education may contract with the
department of general administration to conduct the bidding process.
(5)
As used in this section:
(a)
"Employee business unit" means a group of employees who perform
services to be contracted under this section and who submit a bid for the
performance of those services under subsection (4) of this section.
(b)
"Indirect overhead costs" means the pro rata share of existing agency
administrative salaries and benefits, and rent, equipment costs, utilities, and
materials associated with those administrative functions.
(c)
"Competitive contracting" means the process by which classified
employees of a department, agency, or institution of higher education compete
with businesses, individuals, nonprofit organizations, or other entities for
contracts authorized by subsection (1) of this section.
(6)
The joint legislative audit and review committee shall conduct a performance
audit of the implementation of this section, including the adequacy of the
appeals process in subsection (4)(d) of this section, and report to the legislature
by January 1, 2007, on the results of the audit.
Sec.
209. RCW
41.06.070 and 1998 c 245 s 40 are each amended to read as follows:
(1)
The provisions of this chapter do not apply to:
(a)
The members of the legislature or to any employee of, or position in, the
legislative branch of the state government including members, officers, and
employees of the legislative council, joint legislative audit and review
committee, statute law committee, and any interim committee of the legislature;
(b)
The justices of the supreme court, judges of the court of appeals, judges of
the superior courts or of the inferior courts, or to any employee of, or
position in the judicial branch of state government;
(c)
Officers, academic personnel, and employees of technical colleges;
(d)
The officers of the Washington state patrol;
(e)
Elective officers of the state;
(f)
The chief executive officer of each agency;
(g)
In the departments of employment security and social and health services, the
director and the director's confidential secretary; in all other departments,
the executive head of which is an individual appointed by the governor, the
director, his or her confidential secretary, and his or her statutory assistant
directors;
(h)
In the case of a multimember board, commission, or committee, whether the
members thereof are elected, appointed by the governor or other authority,
serve ex officio, or are otherwise chosen:
(i)
All members of such boards, commissions, or committees;
(ii)
If the members of the board, commission, or committee serve on a part-time
basis and there is a statutory executive officer: The secretary of the board,
commission, or committee; the chief executive officer of the board, commission,
or committee; and the confidential secretary of the chief executive officer of
the board, commission, or committee;
(iii)
If the members of the board, commission, or committee serve on a full-time
basis: The chief executive officer or administrative officer as designated by the
board, commission, or committee; and a confidential secretary to the chair of
the board, commission, or committee;
(iv)
If all members of the board, commission, or committee serve ex officio: The
chief executive officer; and the confidential secretary of such chief executive
officer;
(i)
The confidential secretaries and administrative assistants in the immediate
offices of the elective officers of the state;
(j)
Assistant attorneys general;
(k)
Commissioned and enlisted personnel in the military service of the state;
(l)
Inmate, student, part-time, or temporary employees, and part-time professional
consultants, as defined by the Washington personnel resources board;
(m)
The public printer or to any employees of or positions in the state printing plant;
(n)
Officers and employees of the Washington state fruit commission;
(o)
Officers and employees of the Washington state apple advertising commission;
(p)
Officers and employees of the Washington state dairy products commission;
(q)
Officers and employees of the Washington tree fruit research commission;
(r)
Officers and employees of the Washington state beef commission;
(s)
Officers and employees of any commission formed under chapter 15.66 RCW;
(t)
((Officers and employees of the state wheat commission formed under chapter
15.63 RCW;
(u)))
Officers and employees of agricultural commissions formed under chapter 15.65
RCW;
(((v)))
(u) Officers and employees of the nonprofit corporation formed under
chapter 67.40 RCW;
(((w)))
(v) Executive assistants for personnel administration and labor
relations in all state agencies employing such executive assistants including
but not limited to all departments, offices, commissions, committees, boards,
or other bodies subject to the provisions of this chapter and this subsection
shall prevail over any provision of law inconsistent herewith unless specific
exception is made in such law;
(((x)))
(w) In each agency with fifty or more employees: Deputy agency heads,
assistant directors or division directors, and not more than three principal
policy assistants who report directly to the agency head or deputy agency
heads;
(((y)))
(x) All employees of the marine employees' commission;
(((z)
Up to a total of five senior staff positions of the western library network
under chapter 27.26 RCW responsible for formulating policy or for directing
program management of a major administrative unit. This subsection (1)(z)
shall expire on June 30, 1997;
(aa))) (y)
Staff employed by the department of community, trade, and economic development
to administer energy policy functions and manage energy site evaluation council
activities under RCW 43.21F.045(2)(m);
(((bb)))
(z) Staff employed by Washington State University to administer energy
education, applied research, and technology transfer programs under RCW
43.21F.045 as provided in RCW 28B.30.900(5).
(2)
The following classifications, positions, and employees of institutions of
higher education and related boards are hereby exempted from coverage of this
chapter:
(a)
Members of the governing board of each institution of higher education and
related boards, all presidents, vice-presidents, and their confidential
secretaries, administrative, and personal assistants; deans, directors, and
chairs; academic personnel; and executive heads of major administrative or
academic divisions employed by institutions of higher education; principal
assistants to executive heads of major administrative or academic divisions;
other managerial or professional employees in an institution or related board
having substantial responsibility for directing or controlling program
operations and accountable for allocation of resources and program results, or
for the formulation of institutional policy, or for carrying out personnel
administration or labor relations functions, legislative relations, public
information, development, senior computer systems and network programming, or
internal audits and investigations; and any employee of a community college
district whose place of work is one which is physically located outside the
state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned
to an educational program operating outside of the state of Washington;
(b)
((Student, part-time, or temporary employees, and part-time professional
consultants, as defined by the Washington personnel resources board, employed
by institutions of higher education and related boards;
(c))) The
governing board of each institution, and related boards, may also exempt from
this chapter classifications involving research activities, counseling of
students, extension or continuing education activities, graphic arts or
publications activities requiring prescribed academic preparation or special
training as determined by the board: PROVIDED, That no nonacademic employee
engaged in office, clerical, maintenance, or food and trade services may be
exempted by the board under this provision;
(((d)))
(c) Printing craft employees in the department of printing at the
University of Washington.
(3)
In addition to the exemptions specifically provided by this chapter, the ((Washington
personnel resources board)) director of personnel may provide for
further exemptions pursuant to the following procedures. The governor or other
appropriate elected official may submit requests for exemption to the ((Washington
personnel resources board)) director of personnel stating the
reasons for requesting such exemptions. The ((Washington personnel
resources board)) director of personnel shall hold a public hearing,
after proper notice, on requests submitted pursuant to this subsection. If the
((board)) director determines that the position for which
exemption is requested is one involving substantial responsibility for the
formulation of basic agency or executive policy or one involving directing and
controlling program operations of an agency or a major administrative division
thereof, the ((Washington personnel resources board)) director of
personnel shall grant the request and such determination shall be final as
to any decision made before July 1, 1993. The total number of additional
exemptions permitted under this subsection shall not exceed one percent of the
number of employees in the classified service not including employees of
institutions of higher education and related boards for those agencies not
directly under the authority of any elected public official other than the
governor, and shall not exceed a total of twenty-five for all agencies under
the authority of elected public officials other than the governor.
The
salary and fringe benefits of all positions presently or hereafter exempted
except for the chief executive officer of each agency, full-time members of
boards and commissions, administrative assistants and confidential secretaries
in the immediate office of an elected state official, and the personnel listed
in subsections (1)(j) through (((v), (y), (z),)) (u) and (x) and
(2) of this section, shall be determined by the ((Washington personnel
resources board)) director of personnel. ((However, beginning
with changes proposed for the 1997-99 fiscal biennium,)) Changes to
the classification plan affecting exempt salaries must meet the same provisions
for classified salary increases resulting from adjustments to the
classification plan as outlined in RCW 41.06.152.
Any
person holding a classified position subject to the provisions of this chapter
shall, when and if such position is subsequently exempted from the application
of this chapter, be afforded the following rights: If such person previously
held permanent status in another classified position, such person shall have a
right of reversion to the highest class of position previously held, or to a
position of similar nature and salary.
Any
classified employee having civil service status in a classified position who
accepts an appointment in an exempt position shall have the right of reversion
to the highest class of position previously held, or to a position of similar
nature and salary.
A
person occupying an exempt position who is terminated from the position for
gross misconduct or malfeasance does not have the right of reversion to a
classified position as provided for in this section.
Sec.
210. RCW
41.06.110 and 1993 c 281 s 25 are each amended to read as follows:
(1)
There is hereby created a Washington personnel resources board composed of
three members appointed by the governor, subject to confirmation by the senate.
The members of the personnel board serving June 30, 1993, shall be the members
of the Washington personnel resources board, and they shall complete their
terms as under the personnel board. Each odd-numbered year thereafter the
governor shall appoint a member for a six-year term. Each member shall
continue to hold office after the expiration of the member's term until a
successor has been appointed. Persons so appointed shall have clearly
demonstrated an interest and belief in the merit principle, shall not hold any
other employment with the state, shall not have been an officer of a political
party for a period of one year immediately prior to such appointment, and shall
not be or become a candidate for partisan elective public office during the
term to which they are appointed;
(2)
Each member of the board shall be compensated in accordance with RCW
43.03.250. The members of the board may receive any number of daily payments
for official meetings of the board actually attended. Members of the board
shall also be reimbursed for travel expenses incurred in the discharge of their
official duties in accordance with RCW 43.03.050 and 43.03.060.
(3)
At its first meeting following the appointment of all of its members, and
annually thereafter, the board shall elect a chair and vice-chair from among
its members to serve one year. The presence of at least two members of the
board shall constitute a quorum to transact business. A written public record
shall be kept by the board of all actions of the board. The director of
personnel shall serve as secretary.
(4)
The board may appoint and compensate hearing officers to hear and conduct
appeals ((until December 31, 1982)). Such compensation shall be paid on
a contractual basis for each hearing, in accordance with the provisions of
chapter 43.88 RCW and rules adopted pursuant thereto, as they relate to
personal service contracts.
Sec.
211. RCW
41.06.160 and 1993 c 281 s 29 are each amended to read as follows:
In
preparing classification and salary schedules as set forth in RCW 41.06.150 ((as
now or hereafter amended)) the department of personnel shall give full
consideration to prevailing rates in other public employment and in private
employment in this state. For this purpose the department shall undertake comprehensive
salary and fringe benefit surveys((, with such surveys to be conducted in
the year prior to the convening of every other one hundred five day regular
session of the state legislature. In the year prior to the convening of each
one hundred five day regular session during which a comprehensive salary and
fringe benefit survey is not conducted, the department shall plan and conduct a
trend salary and fringe benefit survey. This survey shall measure average
salary and fringe benefit movement for broad occupational groups which has
occurred since the last comprehensive salary and fringe benefit survey was
conducted. The results of each comprehensive and trend salary and fringe
benefit survey shall be completed and forwarded by September 30 with a
recommended state salary schedule to the governor and director of financial
management for their use in preparing budgets to be submitted to the succeeding
legislature. A copy of the data and supporting documentation shall be
furnished by the department of personnel to the standing committees for
appropriations of the senate and house of representatives.
In
the case of comprehensive salary and fringe benefit surveys, the department
shall furnish the following supplementary data in support of its recommended
salary schedule:
(1)
A total dollar figure which reflects the recommended increase or decrease in
state salaries as a direct result of the specific salary and fringe benefit
survey that has been conducted and which is categorized to indicate what portion
of the increase or decrease is represented by salary survey data and what
portion is represented by fringe benefit survey data;
(2)
An additional total dollar figure which reflects the impact of recommended
increases or decreases to state salaries based on other factors rather than
directly on prevailing rate data obtained through the survey process and which
is categorized to indicate the sources of the requests for deviation from
prevailing rates and the reasons for the changes;
(3)
A list of class codes and titles indicating recommended monthly salary ranges
for all state classes under the control of the department of personnel with
those salary ranges which do not substantially conform to the prevailing rates
developed from the salary and fringe benefit survey distinctly marked and an
explanation of the reason for the deviation included;
(4)
A supplemental salary schedule which indicates the additional salary to be paid
state employees for hazardous duties or other considerations requiring extra compensation
under specific circumstances. Additional compensation for these circumstances
shall not be included in the basic salary schedule but shall be maintained as a
separate pay schedule for purposes of full disclosure and visibility; and
(5)
A supplemental salary schedule which indicates those cases where the board
determines that prevailing rates do not provide similar salaries for positions
that require or impose similar responsibilities, judgment, knowledge, skills,
and working conditions. This supplementary salary schedule shall contain
proposed salary adjustments necessary to eliminate any such dissimilarities in
compensation. Additional compensation needed to eliminate such salary
dissimilarities shall not be included in the basic salary schedule but shall be
maintained as a separate salary schedule for purposes of full disclosure and
visibility.
It
is the intention of the legislature that requests for funds to support
recommendations for salary deviations from the prevailing rate survey data shall
be kept to a minimum, and that the requests be fully documented when forwarded
by the department of personnel)).
Salary
and fringe benefit survey information collected from private employers which
identifies a specific employer with the salary and fringe benefit rates which
that employer pays to its employees shall not be subject to public disclosure
under chapter 42.17 RCW.
((The
first comprehensive salary and fringe benefit survey required by this section
shall be completed and forwarded to the governor and the director of financial
management by September 30, 1986. The first trend salary and fringe benefit
survey required by this section shall be completed and forwarded to the
governor and the director of financial management by September 30, 1988.))
Sec.
212. RCW
41.06.167 and 1991 c 196 s 1 are each amended to read as follows:
The
department of personnel shall undertake comprehensive compensation surveys for
officers and entry-level officer candidates of the Washington state patrol,
with such surveys to be conducted in the year prior to the convening of every
other one hundred five day regular session of the state legislature. ((In
the year prior to the convening of each one hundred five day regular session
during which a comprehensive compensation survey is not conducted, the
department shall conduct a trend compensation survey. This survey shall
measure average compensation movement which has occurred since the last
comprehensive compensation survey was conducted. The results of each
comprehensive and trend survey shall be completed and forwarded by September
30th, after review and preparation of recommendations by the chief of the
Washington state patrol, to the governor and director of financial management
for their use in preparing budgets to be submitted to the succeeding
legislature. A copy of the data and supporting documentation shall be
furnished by the department of personnel to the legislative transportation
committee and the standing committees for appropriations of the senate and
house of representatives. The office of financial management shall analyze the
survey results and conduct investigations which may be necessary to arbitrate
differences between interested parties regarding the accuracy of collected
survey data and the use of such data for salary adjustment.
Surveys
conducted by the department of personnel for the Washington state patrol shall
be undertaken in a manner consistent with statistically accurate sampling
techniques, including comparisons of medians, base ranges, and weighted
averages of salaries. The surveys shall compare competitive labor markets of
law enforcement officers. This service performed by the department of
personnel shall be on a reimbursable basis in accordance with the provisions of
RCW 41.06.080.
A
comprehensive compensation survey plan and the recommendations of the chief of
the Washington state patrol shall be submitted jointly by the department of
personnel and the Washington state patrol to the director of financial
management, the legislative transportation committee, the committee on ways and
means of the senate, and the committee on appropriations of the house of
representatives six months before the beginning of each periodic survey.)) Salary
and fringe benefit survey information collected from private employers which
identifies a specific employer with the salary and fringe benefit rates which
that employer pays to its employees shall not be subject to public disclosure
under chapter 42.17 RCW.
Sec.
213. RCW
41.06.170 and 1993 c 281 s 31 are each amended to read as follows:
(1)
The ((board or)) director, in the adoption of rules governing
suspensions for cause, shall not authorize an appointing authority to suspend
an employee for more than fifteen calendar days as a single penalty or more
than thirty calendar days in any one calendar year as an accumulation of
several penalties. The ((board or)) director shall require that the
appointing authority give written notice to the employee not later than one day
after the suspension takes effect, stating the reasons for and the duration
thereof.
(2)
Any employee who is reduced, dismissed, suspended, or demoted, after completing
his or her probationary period of service as provided by the rules of the ((board))
director, or any employee who is adversely affected by a violation of
the state civil service law, chapter 41.06 RCW, or rules adopted under it,
shall have the right to appeal ((to the personnel appeals board created by
RCW 41.64.010)), either individually or through his or her authorized
representative, not later than thirty days after the effective date of such
action to the personnel appeals board through June 30, 2005, and to the
Washington personnel resources board after June 30, 2005. The employee
shall be furnished with specified charges in writing when a reduction,
dismissal, suspension, or demotion action is taken. Such appeal shall be in
writing. Decisions of the Washington personnel resources board on appeals
filed after June 30, 2005, shall be final and not subject to further appeal.
(3)
Any employee whose position has been exempted after July 1, 1993, shall have
the right to appeal ((to the personnel appeals board created by RCW
41.64.010)), either individually or through his or her authorized
representative, not later than thirty days after the effective date of such
action to the personnel appeals board through June 30, 2005, and to the
Washington personnel resources board after June 30, 2005.
(4)
An employee incumbent in a position at the time of its allocation or
reallocation, or the agency utilizing the position, may appeal the allocation
or reallocation to the personnel appeals board ((created by RCW 41.64.010))
through December 31, 2005, and to the Washington personnel resources board
after December 31, 2005. Notice of such appeal must be filed in writing
within thirty days of the action from which appeal is taken.
(5)
Subsections (1) and (2) of this section do not apply to any employee who is
subject to the provisions of a collective bargaining agreement negotiated under
sections 301 through 314 of this act.
NEW
SECTION. Sec. 214. The
transfer of the powers, duties, and functions of the personnel appeals board to
the personnel resources board under section 233 of this act and the transfer of
jurisdiction for appeals filed under section 213, chapter . . ., Laws
of 2002 (section 213 of this act) after June 30, 2005, shall not affect the
right of an appellant to have an appeal filed on or before June 30, 2005,
resolved by the personnel appeals board in accordance with the authorities,
rules, and procedures that were established under chapter 41.64 RCW as it
existed before the effective date of this section.
Sec.
215. RCW
41.06.186 and 1993 c 281 s 32 are each amended to read as follows:
The
((Washington personnel resources board)) director shall adopt
rules designed to terminate the state employment of any employee whose
performance is so inadequate as to warrant termination.
Sec.
216. RCW
41.06.196 and 1993 c 281 s 33 are each amended to read as follows:
The
((Washington personnel resources board)) director shall adopt rules
designed to remove from supervisory positions those supervisors who in
violation of the rules adopted under RCW 41.06.186 have tolerated the continued
employment of employees under their supervision whose performance has warranted
termination from state employment.
Sec.
217. RCW
41.06.270 and 1979 c 151 s 61 are each amended to read as follows:
A
disbursing officer shall not pay any employee holding a position covered by
this chapter unless the employment is in accordance with this chapter or the
rules, regulations and orders issued hereunder. The ((board and the))
directors of personnel and financial management shall jointly
establish procedures for the certification of payrolls.
Sec.
218. RCW
41.06.350 and 1993 c 281 s 36 are each amended to read as follows:
The
((Washington personnel resources board)) director is authorized
to receive federal funds now available or hereafter made available for the
assistance and improvement of public personnel administration, which may be
expended in addition to the department of personnel service fund established by
RCW 41.06.280.
Sec.
219. RCW
41.06.400 and 1980 c 118 s 4 are each amended to read as follows:
(1)
In addition to other powers and duties specified in this chapter, the ((board))
director shall, by rule, prescribe the purpose and minimum standards for
training and career development programs and, in so doing, regularly consult
with and consider the needs of individual agencies and employees.
(2)
In addition to other powers and duties specified in this chapter, the director
shall:
(a)
Provide for the evaluation of training and career development programs and
plans of agencies ((based on minimum standards established by the board)).
The director shall report the results of such evaluations to the agency which
is the subject of the evaluation;
(b)
Provide training and career development programs which may be conducted more
efficiently and economically on an interagency basis;
(c)
Promote interagency sharing of resources for training and career development;
(d)
Monitor and review the impact of training and career development programs to
ensure that the responsibilities of the state to provide equal employment opportunities
are diligently carried out. ((The director shall report to the board the
impact of training and career development programs on the fulfillment of such
responsibilities.))
(3)
At an agency's request, the director may provide training and career
development programs for an agency's internal use which may be conducted more
efficiently and economically by the department of personnel.
Sec.
220. RCW
41.06.410 and 1980 c 118 s 5 are each amended to read as follows:
Each
agency subject to the provisions of this chapter shall:
(1)
Prepare an employee training and career development plan which shall at least
meet minimum standards established by the ((board)) director. A
copy of such plan shall be submitted to the director for purposes of
administering the provisions of RCW 41.06.400(2);
(2)
Provide for training and career development for its employees in accordance
with the agency plan;
(3)
Report on its training and career development program operations and costs to
the director in accordance with reporting procedures adopted by the ((board))
director;
(4)
Budget for training and career development in accordance with procedures of the
office of financial management.
Sec.
221. RCW
41.06.450 and 1993 c 281 s 37 are each amended to read as follows:
(1)
((By January 1, 1983, the Washington personnel resources board)) The
director shall adopt rules applicable to each agency to ensure that
information relating to employee misconduct or alleged misconduct is destroyed
or maintained as follows:
(a)
All such information determined to be false and all such information in
situations where the employee has been fully exonerated of wrongdoing, shall be
promptly destroyed;
(b)
All such information having no reasonable bearing on the employee's job
performance or on the efficient and effective management of the agency, shall
be promptly destroyed;
(c)
All other information shall be retained only so long as it has a reasonable
bearing on the employee's job performance or on the efficient and effective
management of the agency.
(2)
Notwithstanding subsection (1) of this section, an agency may retain
information relating to employee misconduct or alleged misconduct if:
(a)
The employee requests that the information be retained; or
(b)
The information is related to pending legal action or legal action may be
reasonably expected to result.
(3)
In adopting rules under this section, the ((Washington personnel resources
board)) director shall consult with the public disclosure commission
to ensure that the public policy of the state, as expressed in chapter 42.17
RCW, is adequately protected.
Sec.
222. RCW
41.06.475 and 1993 c 281 s 38 are each amended to read as follows:
The
((Washington personnel resources board)) director shall adopt
rules, in cooperation with the secretary of social and health services, for the
background investigation of persons being considered for state employment in
positions directly responsible for the supervision, care, or treatment of
children or developmentally disabled persons.
Sec.
223. RCW
41.06.490 and 1990 c 204 s 3 are each amended to read as follows:
(1)
In addition to the rules adopted under RCW 41.06.150, the ((board)) director
shall adopt rules establishing a state employee return-to-work program. The
program shall, at a minimum:
(a)
Direct each agency to adopt a return-to-work policy. The program shall allow
each agency program to take into consideration the special nature of employment
in the agency;
(b)
Provide for eligibility in the return-to-work program, for a minimum of two
years from the date the temporary disability commenced, for any permanent
employee who is receiving compensation under RCW 51.32.090 and who is, by
reason of his or her temporary disability, unable to return to his or her
previous work, but who is physically capable of carrying out work of a lighter
or modified nature;
(c)
Allow opportunity for return-to-work statewide when appropriate job
classifications are not available in the agency that is the appointing
authority at the time of injury;
(d)
Require each agency to name an agency representative responsible for coordinating
the return-to-work program of the agency;
(e)
Provide that applicants receiving appointments for classified service receive
an explanation of the return-to-work policy;
(f)
Require training of supervisors on implementation of the return-to-work policy,
including but not limited to assessment of the appropriateness of the
return-to-work job for the employee; and
(g)
Coordinate participation of applicable employee assistance programs, as
appropriate.
(2)
The agency full-time equivalents necessary to implement the return-to-work
program established under this section shall be used only for the purposes of
the return-to-work program and the net increase in full-time equivalents shall
be temporary.
Sec.
224. RCW
28B.12.060 and 1994 c 130 s 6 are each amended to read as follows:
The
higher education coordinating board shall adopt rules as may be necessary or
appropriate for effecting the provisions of this chapter, and not in conflict
with this chapter, in accordance with the provisions of chapter 34.05 RCW, the
state higher education administrative procedure act. Such rules shall include
provisions designed to make employment under the work-study program reasonably
available, to the extent of available funds, to all eligible students in
eligible post-secondary institutions in need thereof. The rules shall include:
(1)
Providing work under the state work-study program that will not result in the
displacement of employed workers or impair existing contracts for services;
(2)
Furnishing work only to a student who:
(a)
Is capable, in the opinion of the eligible institution, of maintaining good
standing in such course of study while employed under the program covered by
the agreement; and
(b)
Has been accepted for enrollment as at least a half-time student at the
eligible institution or, in the case of a student already enrolled in and
attending the eligible institution, is in good standing and in at least
half-time attendance there either as an undergraduate, graduate or professional
student; and
(c)
Is not pursuing a degree in theology;
(3)
Placing priority on providing:
(a)
Work opportunities for students who are residents of the state of Washington as
defined in RCW 28B.15.012 and 28B.15.013 except resident students defined in
RCW 28B.15.012(2)(((e))) (f);
(b)
Job placements in fields related to each student's academic or vocational
pursuits, with an emphasis on off-campus job placements whenever appropriate;
and
(c)
Off-campus community service placements;
(4)
Provisions to assure that in the state institutions of higher education,
utilization of this work-study program:
(a)
Shall only supplement and not supplant classified positions under jurisdiction
of chapter 41.06 RCW;
(b)
That all positions established which are comparable shall be identified to a
job classification under the ((Washington personnel resources board's)) director
of personnel's classification plan and shall receive equal compensation;
(c)
Shall not take place in any manner that would replace classified positions
reduced due to lack of funds or work; and
(d)
That work study positions shall only be established at entry level positions of
the classified service unless the overall scope and responsibilities of the
position indicate a higher level; and
(5)
Provisions to encourage job placements in occupations that meet Washington's
economic development goals, especially those in international trade and
international relations. The board shall permit appropriate job placements in
other states and other countries.
Sec.
225. RCW
34.05.030 and 1994 c 39 s 1 are each amended to read as follows:
(1)
This chapter shall not apply to:
(a)
The state militia, or
(b)
The board of clemency and pardons, or
(c)
The department of corrections or the indeterminate sentencing review board with
respect to persons who are in their custody or are subject to the jurisdiction
of those agencies.
(2)
The provisions of RCW 34.05.410 through 34.05.598 shall not apply:
(a)
To adjudicative proceedings of the board of industrial insurance appeals except
as provided in RCW 7.68.110 and 51.48.131;
(b)
Except for actions pursuant to chapter 46.29 RCW, to the denial, suspension, or
revocation of a driver's license by the department of licensing;
(c)
To the department of labor and industries where another statute expressly
provides for review of adjudicative proceedings of a department action, order,
decision, or award before the board of industrial insurance appeals;
(d)
To actions of the Washington personnel resources board((,)) or
the director of personnel((, or the personnel appeals board)); or
(e)
To the extent they are inconsistent with any provisions of chapter 43.43 RCW.
(3)
Unless a party makes an election for a formal hearing pursuant to RCW 82.03.140
or 82.03.190, RCW 34.05.410 through 34.05.598 do not apply to a review hearing
conducted by the board of tax appeals.
(4)
The rule-making provisions of this chapter do not apply to reimbursement unit
values, fee schedules, arithmetic conversion factors, and similar arithmetic
factors used to determine payment rates that apply to goods and services
purchased under contract for clients eligible under chapter 74.09 RCW.
(5)
All other agencies, whether or not formerly specifically excluded from the
provisions of all or any part of the Administrative Procedure Act, shall be
subject to the entire act.
Sec.
226. RCW
34.12.020 and 1995 c 331 s 1 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"Office" means the office of administrative hearings.
(2)
"Administrative law judge" means any person appointed by the chief
administrative law judge to conduct or preside over hearings as provided in
this chapter.
(3)
"Hearing" means an adjudicative proceeding within the meaning of RCW
34.05.010(1) conducted by a state agency under RCW 34.05.413 through 34.05.476.
(4)
"State agency" means any state board, commission, department, or
officer authorized by law to make rules or to conduct adjudicative proceedings,
except those in the legislative or judicial branches, the growth management
hearings boards, the utilities and transportation commission, the pollution
control hearings board, the shorelines hearings board, the forest practices
appeals board, the environmental hearings office, the board of industrial
insurance appeals, the Washington personnel resources board, the public
employment relations commission, ((the personnel appeals board,)) and
the board of tax appeals.
Sec.
227. RCW
41.04.340 and 1998 c 254 s 1 and 1998 c 116 s 2 are each reenacted and amended
to read as follows:
(1)
An attendance incentive program is established for all eligible employees. As
used in this section the term "eligible employee" means any employee
of the state, other than eligible employees of the community and technical
colleges and the state board for community and technical colleges identified in
RCW 28B.50.553, and teaching and research faculty at the state and regional
universities and The Evergreen State College, entitled to accumulate sick leave
and for whom accurate sick leave records have been maintained. No employee may
receive compensation under this section for any portion of sick leave
accumulated at a rate in excess of one day per month. The state and regional
universities and The Evergreen State College shall maintain complete and
accurate sick leave records for all teaching and research faculty.
(2)
In January of the year following any year in which a minimum of sixty days of
sick leave is accrued, and each January thereafter, any eligible employee may
receive remuneration for unused sick leave accumulated in the previous year at
a rate equal to one day's monetary compensation of the employee for each four
full days of accrued sick leave in excess of sixty days. Sick leave for which
compensation has been received shall be deducted from accrued sick leave at the
rate of four days for every one day's monetary compensation.
(3)
At the time of separation from state service due to retirement or death, an
eligible employee or the employee's estate may elect to receive remuneration at
a rate equal to one day's current monetary compensation of the employee for
each four full days of accrued sick leave.
(4)
Remuneration or benefits received under this section shall not be included for
the purpose of computing a retirement allowance under any public retirement
system in this state.
(5)
Except as provided in subsections (7) through (9) of this section for employees
not covered by chapter 41.06 RCW, this section shall be administered, and rules
shall be adopted to carry out its purposes, by the ((Washington personnel
resources board)) director of personnel for persons subject to chapter
41.06 RCW: PROVIDED, That determination of classes of eligible employees shall
be subject to approval by the office of financial management.
(6)
Should the legislature revoke any remuneration or benefits granted under this
section, no affected employee shall be entitled thereafter to receive such
benefits as a matter of contractual right.
(7)
In lieu of remuneration for unused sick leave at retirement as provided in
subsection (3) of this section, an agency head or designee may with equivalent
funds, provide eligible employees with a benefit plan that provides for
reimbursement for medical expenses. This plan shall be implemented only after
consultation with affected groups of employees. For eligible employees covered
by chapter 41.06 RCW, procedures for the implementation of these plans shall be
adopted by the ((Washington personnel resources board)) director of
personnel. For eligible employees exempt from chapter 41.06 RCW, and
classified employees who have opted out of coverage of chapter 41.06 RCW as
provided in RCW 41.56.201, implementation procedures shall be adopted by an
agency head having jurisdiction over the employees.
(8)
Implementing procedures adopted by the ((Washington personnel resources
board)) director of personnel or agency heads shall require that
each medical expense plan authorized by subsection (7) of this section apply to
all eligible employees in any one of the following groups: (a) Employees in an
agency; (b) employees in a major organizational subdivision of an agency; (c)
employees at a major operating location of an agency; (d) exempt employees
under the jurisdiction of an elected or appointed Washington state executive;
(e) employees of the Washington state senate; (f) employees of the Washington
state house of representatives; (g) classified employees in a bargaining unit
established by the ((Washington personnel resources board)) director
of personnel; or (h) other group of employees defined by an agency head
that is not designed to provide an individual-employee choice regarding
participation in a medical expense plan. However, medical expense plans for
eligible employees in any of the groups under (a) through (h) of this
subsection who are covered by a collective bargaining agreement shall be
implemented only by written agreement with the bargaining unit's exclusive
representative and a separate medical expense plan may be provided for
unrepresented employees.
(9)
Medical expense plans authorized by subsection (7) of this section must require
as a condition of participation in the plan that employees in the group
affected by the plan sign an agreement with the employer. The agreement must
include a provision to hold the employer harmless should the United States
government find that the employer or the employee is in debt to the United
States as a result of the employee not paying income taxes due on the
equivalent funds placed into the plan, or as a result of the employer not
withholding or deducting a tax, assessment, or other payment on the funds as
required by federal law. The agreement must also include a provision that
requires an eligible employee to forfeit remuneration under subsection (3) of
this section if the employee belongs to a group that has been designated to
participate in the medical expense plan permitted under this section and the
employee refuses to execute the required agreement.
Sec.
228. RCW
41.50.804 and 1993 c 281 s 40 are each amended to read as follows:
Nothing
contained in this chapter shall be construed to alter any existing collective
bargaining agreement until any such agreement has expired or until any such
bargaining unit has been modified by action of the ((Washington personnel
resources board)) public employment relations commission as provided
by law.
Sec.
229. RCW
43.06.425 and 1993 c 281 s 48 are each amended to read as follows:
The
((Washington personnel resources board)) director of personnel
shall adopt rules to provide that:
(1)
Successful completion of an internship under RCW 43.06.420 shall be considered
as employment experience at the level at which the intern was placed;
(2)
Persons leaving classified or exempt positions in state government in order to
take an internship under RCW 43.06.420: (a) Have the right of reversion to the
previous position at any time during the internship or upon completion of the
internship; and (b) shall continue to receive all fringe benefits as if they
had never left their classified or exempt positions;
(3)
Participants in the undergraduate internship program who were not public
employees prior to accepting a position in the program receive sick leave
allowances commensurate with other state employees;
(4)
Participants in the executive fellows program who were not public employees
prior to accepting a position in the program receive sick and vacation leave
allowances commensurate with other state employees.
Sec.
230. RCW
43.131.090 and 2000 c 189 s 7 are each amended to read as follows:
Unless
the legislature specifies a shorter period of time, a terminated entity shall
continue in existence until June 30th of the next succeeding year for the
purpose of concluding its affairs: PROVIDED, That the powers and authority of
the entity shall not be reduced or otherwise limited during this period.
Unless otherwise provided:
(1)
All employees of terminated entities classified under chapter 41.06 RCW, the
state civil service law, shall be transferred as appropriate or as otherwise
provided in the procedures adopted by the ((Washington personnel resources
board)) director of personnel pursuant to RCW 41.06.150;
(2)
All documents and papers, equipment, or other tangible property in the
possession of the terminated entity shall be delivered to the custody of the
entity assuming the responsibilities of the terminated entity or if such
responsibilities have been eliminated, documents and papers shall be delivered
to the state archivist and equipment or other tangible property to the
department of general administration;
(3)
All funds held by, or other moneys due to, the terminated entity shall revert
to the fund from which they were appropriated, or if that fund is abolished to
the general fund;
(4)
Notwithstanding the provisions of RCW 34.05.020, all rules made by a terminated
entity shall be repealed, without further action by the entity, at the end of
the period provided in this section, unless assumed and reaffirmed by the
entity assuming the related legal responsibilities of the terminated entity;
(5)
All contractual rights and duties of an entity shall be assigned or delegated
to the entity assuming the responsibilities of the terminated entity, or if
there is none to such entity as the governor shall direct.
Sec.
231. RCW
49.46.010 and 1997 c 203 s 3 are each amended to read as follows:
As
used in this chapter:
(1)
"Director" means the director of labor and industries;
(2)
"Wage" means compensation due to an employee by reason of employment,
payable in legal tender of the United States or checks on banks convertible
into cash on demand at full face value, subject to such deductions, charges, or
allowances as may be permitted by rules of the director;
(3)
"Employ" includes to permit to work;
(4)
"Employer" includes any individual, partnership, association,
corporation, business trust, or any person or group of persons acting directly
or indirectly in the interest of an employer in relation to an employee;
(5)
"Employee" includes any individual employed by an employer but shall
not include:
(a)
Any individual (i) employed as a hand harvest laborer and paid on a piece rate
basis in an operation which has been, and is generally and customarily
recognized as having been, paid on a piece rate basis in the region of employment;
(ii) who commutes daily from his or her permanent residence to the farm on
which he or she is employed; and (iii) who has been employed in agriculture
less than thirteen weeks during the preceding calendar year;
(b)
Any individual employed in casual labor in or about a private home, unless
performed in the course of the employer's trade, business, or profession;
(c)
Any individual employed in a bona fide executive, administrative, or
professional capacity or in the capacity of outside salesman as those terms are
defined and delimited by rules of the director. However, those terms shall be
defined and delimited by the ((Washington personnel resources board)) director
of personnel pursuant to chapter 41.06 RCW for employees employed under
the director of personnel's jurisdiction;
(d)
Any individual engaged in the activities of an educational, charitable,
religious, state or local governmental body or agency, or nonprofit
organization where the employer-employee relationship does not in fact exist or
where the services are rendered to such organizations gratuitously. If the
individual receives reimbursement in lieu of compensation for normally incurred
out-of-pocket expenses or receives a nominal amount of compensation per unit of
voluntary service rendered, an employer-employee relationship is deemed not to
exist for the purpose of this section or for purposes of membership or
qualification in any state, local government or publicly supported retirement
system other than that provided under chapter 41.24 RCW;
(e)
Any individual employed full time by any state or local governmental body or
agency who provides voluntary services but only with regard to the provision of
the voluntary services. The voluntary services and any compensation therefor
shall not affect or add to qualification, entitlement or benefit rights under
any state, local government, or publicly supported retirement system other than
that provided under chapter 41.24 RCW;
(f)
Any newspaper vendor or carrier;
(g)
Any carrier subject to regulation by Part 1 of the Interstate Commerce Act;
(h)
Any individual engaged in forest protection and fire prevention activities;
(i)
Any individual employed by any charitable institution charged with child care
responsibilities engaged primarily in the development of character or
citizenship or promoting health or physical fitness or providing or sponsoring
recreational opportunities or facilities for young people or members of the
armed forces of the United States;
(j)
Any individual whose duties require that he or she reside or sleep at the place
of his or her employment or who otherwise spends a substantial portion of his
or her work time subject to call, and not engaged in the performance of active
duties;
(k)
Any resident, inmate, or patient of a state, county, or municipal correctional,
detention, treatment or rehabilitative institution;
(l)
Any individual who holds a public elective or appointive office of the state,
any county, city, town, municipal corporation or quasi municipal corporation,
political subdivision, or any instrumentality thereof, or any employee of the
state legislature;
(m)
All vessel operating crews of the Washington state ferries operated by the
department of transportation;
(n)
Any individual employed as a seaman on a vessel other than an American vessel;
(6)
"Occupation" means any occupation, service, trade, business,
industry, or branch or group of industries or employment or class of employment
in which employees are gainfully employed;
(7)
"Retail or service establishment" means an establishment seventy-five
percent of whose annual dollar volume of sales of goods or services, or both,
is not for resale and is recognized as retail sales or services in the
particular industry.
Sec.
232. RCW
41.06.340 and 1993 c 281 s 35 are each amended to read as follows:
(1)
With respect to collective bargaining as authorized by sections 301 through 314
of this act, the public employment relations commission created by chapter
41.58 RCW shall have authority to adopt rules, on and after the effective date
of this section, relating to determination of appropriate bargaining units
within any agency. In making such determination the commission 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. The public employment relations commission created in chapter 41.58
RCW shall adopt rules and make determinations relating to the certification and
decertification of exclusive bargaining representatives.
(2)
Each and every provision of RCW 41.56.140 through ((41.56.190)) 41.56.160
shall be applicable to this chapter as it relates to state civil service
employees ((and the Washington personnel resources board, or its designee,
whose final decision shall be appealable to the Washington personnel resources
board, which is granted all powers and authority granted to the department of
labor and industries by RCW 41.56.140 through 41.56.190)).
(3)
A collective bargaining agreement entered into under RCW 41.06.150 before July
1, 2004, covering employees subject to sections 301 through 314 of this act
that expires after July 1, 2004, shall remain in full force during its
duration, or until superseded by a collective bargaining agreement entered into
by the parties under sections 301 through 314 of this act. However, an
agreement entered into before July 1, 2004, may not be renewed or extended
beyond July 1, 2005, or until superseded by a collective bargaining agreement
entered into under sections 301 through 314 of this act, whichever is later.
NEW
SECTION. Sec. 233. A
new section is added to chapter 41.06 RCW to read as follows:
(1)
The personnel appeals board is hereby abolished and its powers, duties, and
functions are hereby transferred to the Washington personnel resources board.
All references to the executive secretary or the personnel appeals board in the
Revised Code of Washington shall be construed to mean the director of the
department of personnel or the Washington personnel resources board.
(2)(a)
All reports, documents, surveys, books, records, files, papers, or written
material in the possession of the personnel appeals board shall be delivered to
the custody of the department of personnel. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
personnel appeals board shall be made available to the department of
personnel. All funds, credits, leases, or other assets held by the personnel
appeals board shall be assigned to the department of personnel.
(b)
Any appropriations made to the personnel appeals board shall, on the effective
date of this section, be transferred and credited to the department of
personnel.
(c)
If any question arises as to the transfer of any personnel, funds, books,
documents, records, papers, files, equipment, or other tangible property used
or held in the exercise of the powers and the performance of the duties and
functions transferred, the director of financial management shall make a
determination as to the proper allocation and certify the same to the state
agencies concerned.
(3)
All employees of the personnel appeals board are transferred to the
jurisdiction of the department of personnel. All employees classified under
chapter 41.06 RCW, the state civil service law, are assigned to the department
of personnel to perform their usual duties upon the same terms as formerly,
without any loss of rights, subject to any action that may be appropriate
thereafter in accordance with the laws and rules governing state civil service.
(4)
All rules and all pending business before the personnel appeals board shall be
continued and acted upon by the Washington personnel resources board. All
existing contracts and obligations shall remain in full force and shall be
performed by the department of personnel.
(5)
The transfer of the powers, duties, functions, and personnel of the personnel
appeals board shall not affect the validity of any act performed before the
effective date of this section.
(6)
If apportionments of budgeted funds are required because of the transfers
directed by this section, the director of financial management shall certify
the apportionments to the agencies affected, the state auditor, and the state
treasurer. Each of these shall make the appropriate transfer and adjustments
in funds and appropriation accounts and equipment records in accordance with
the certification.
Sec.
234. RCW
13.40.320 and 2001 c 137 s 1 are each amended to read as follows:
(1)
The department of social and health services shall establish a medium security
juvenile offender basic training camp program. This program for juvenile
offenders serving a term of confinement under the supervision of the department
is exempt from the licensing requirements of chapter 74.15 RCW.
(2)
The department may contract under this chapter with private companies, the
national guard, or other federal, state, or local agencies to operate the
juvenile offender basic training camp((, notwithstanding the provisions of
RCW 41.06.380)).
(3)
The juvenile offender basic training camp shall be a structured and regimented
model emphasizing the building up of an offender's self-esteem, confidence, and
discipline. The juvenile offender basic training camp program shall provide
participants with basic education, prevocational training, work-based learning,
work experience, work ethic skills, conflict resolution counseling, substance
abuse intervention, anger management counseling, and structured intensive
physical training. The juvenile offender basic training camp program shall
have a curriculum training and work schedule that incorporates a balanced
assignment of these or other rehabilitation and training components for no less
than sixteen hours per day, six days a week.
The
department shall develop standards for the safe and effective operation of the
juvenile offender basic training camp program, for an offender's successful
program completion, and for the continued after-care supervision of offenders
who have successfully completed the program.
(4)
Offenders eligible for the juvenile offender basic training camp option shall
be those with a disposition of not more than sixty-five weeks. Violent and sex
offenders shall not be eligible for the juvenile offender basic training camp
program.
(5)
If the court determines that the offender is eligible for the juvenile offender
basic training camp option, the court may recommend that the department place
the offender in the program. The department shall evaluate the offender and
may place the offender in the program. The evaluation shall include, at a
minimum, a risk assessment developed by the department and designed to
determine the offender's suitability for the program. No juvenile who is
assessed as a high risk offender or suffers from any mental or physical
problems that could endanger his or her health or drastically affect his or her
performance in the program shall be admitted to or retained in the juvenile
offender basic training camp program.
(6)
All juvenile offenders eligible for the juvenile offender basic training camp
sentencing option shall spend one hundred twenty days of their disposition in a
juvenile offender basic training camp. This period may be extended for up to
forty days by the secretary if a juvenile offender requires additional time to
successfully complete the basic training camp program. If the juvenile
offender's activities while in the juvenile offender basic training camp are so
disruptive to the juvenile offender basic training camp program, as determined
by the secretary according to standards developed by the department, as to
result in the removal of the juvenile offender from the juvenile offender basic
training camp program, or if the offender cannot complete the juvenile offender
basic training camp program due to medical problems, the secretary shall
require that the offender be committed to a juvenile institution to serve the
entire remainder of his or her disposition, less the amount of time already
served in the juvenile offender basic training camp program.
(7)
All offenders who successfully graduate from the juvenile offender basic
training camp program shall spend the remainder of their disposition on parole
in a juvenile rehabilitation administration intensive aftercare program in the
local community. Violation of the conditions of parole is subject to sanctions
specified in RCW 13.40.210(4). The program shall provide for the needs of the
offender based on his or her progress in the aftercare program as indicated by
ongoing assessment of those needs and progress. The intensive aftercare
program shall monitor postprogram juvenile offenders and assist them to
successfully reintegrate into the community. In addition, the program shall
develop a process for closely monitoring and assessing public safety risks.
The intensive aftercare program shall be designed and funded by the department
of social and health services.
(8)
The department shall also develop and maintain a data base to measure
recidivism rates specific to this incarceration program. The data base shall
maintain data on all juvenile offenders who complete the juvenile offender
basic training camp program for a period of two years after they have completed
the program. The data base shall also maintain data on the criminal activity,
educational progress, and employment activities of all juvenile offenders who
participated in the program.
Sec.
235. RCW
39.29.006 and 1998 c 101 s 2 are each amended to read as follows:
As
used in this chapter:
(1)
"Agency" means any state office or activity of the executive and
judicial branches of state government, including state agencies, departments,
offices, divisions, boards, commissions, and educational, correctional, and
other types of institutions.
(2)
"Client services" means services provided directly to agency clients
including, but not limited to, medical and dental services, employment and
training programs, residential care, and subsidized housing.
(3)
"Competitive solicitation" means a documented formal process
providing an equal and open opportunity to qualified parties and culminating in
a selection based on criteria which may include such factors as the
consultant's fees or costs, ability, capacity, experience, reputation,
responsiveness to time limitations, responsiveness to solicitation
requirements, quality of previous performance, and compliance with statutes and
rules relating to contracts or services.
(4)
"Consultant" means an independent individual or firm contracting with
an agency to perform a service or render an opinion or recommendation according
to the consultant's methods and without being subject to the control of the
agency except as to the result of the work. The agency monitors progress under
the contract and authorizes payment.
(5)
"Emergency" means a set of unforeseen circumstances beyond the
control of the agency that either:
(a)
Present a real, immediate threat to the proper performance of essential
functions; or
(b)
May result in material loss or damage to property, bodily injury, or loss of
life if immediate action is not taken.
(6)
"Evidence of competition" means documentation demonstrating that the
agency has solicited responses from multiple firms in selecting a consultant.
(7)
"Personal service" means professional or technical expertise provided
by a consultant to accomplish a specific study, project, task, or other work
statement. This term does not include purchased services as defined under
subsection (9) of this section. This term does include client services.
(8)
"Personal service contract" means an agreement, or any amendment
thereto, with a consultant for the rendering of personal services to the state
which is consistent with ((RCW 41.06.380)) section 208 of this act.
(9)
"Purchased services" means services provided by a vendor to
accomplish routine, continuing and necessary functions. This term includes,
but is not limited to, services acquired under RCW 43.19.190 or 43.105.041 for
equipment maintenance and repair; operation of a physical plant; security;
computer hardware and software maintenance; data entry; key punch services; and
computer time-sharing, contract programming, and analysis.
(10)
"Sole source" means a consultant providing professional or technical
expertise of such a unique nature that the consultant is clearly and
justifiably the only practicable source to provide the service. The
justification shall be based on either the uniqueness of the service or sole
availability at the location required.
Sec.
236. RCW
41.04.385 and 1993 c 194 s 5 are each amended to read as follows:
The
legislature finds that (1) demographic, economic, and social trends underlie a
critical and increasing demand for child care in the state of Washington; (2)
working parents and their children benefit when the employees' child care needs
have been resolved; (3) the state of Washington should serve as a model
employer by creating a supportive atmosphere, to the extent feasible, in which
its employees may meet their child care needs; and (4) the state of Washington
should encourage the development of partnerships between state agencies, state
employees, state employee labor organizations, and private employers to expand
the availability of affordable quality child care. The legislature finds
further that resolving employee child care concerns not only benefits the
employees and their children, but may benefit the employer by reducing
absenteeism, increasing employee productivity, improving morale, and enhancing
the employer's position in recruiting and retaining employees. Therefore, the
legislature declares that it is the policy of the state of Washington to assist
state employees by creating a supportive atmosphere in which they may meet
their child care needs. Policies and procedures for state agencies to address
employee child care needs will be the responsibility of the director of
personnel in consultation with the child care coordinating committee, as
provided in RCW 74.13.090, and state employee representatives ((as
provided under RCW 41.06.140)).
*Sec.
237.
RCW 47.46.040 and 2001 c 64 s 14 are each amended to read as follows:
(1)
All projects designed, constructed, and operated under this authority must
comply with all applicable rules and statutes in existence at the time the
agreement is executed, including but not limited to the following provisions:
Chapter 39.12 RCW, this title, ((RCW 41.06.380)) section 208 of this
act, chapter 47.64 RCW, RCW 49.60.180, and 49 C.F.R. Part 21.
(2)
The secretary or a designee shall consult with legal, financial, and other
experts within and outside state government in the negotiation and development
of the agreements.
(3)
Agreements shall provide for private ownership of the projects during the
construction period. After completion and final acceptance of each project or
discrete segment thereof, the agreement shall provide for state ownership of
the transportation systems and facilities and lease to the private entity
unless the state elects to provide for ownership of the facility by the private
entity during the term of the agreement.
The
state shall lease each of the demonstration projects, or applicable project
segments, to the private entities for operating purposes for up to fifty years.
(4)
The department may exercise any power possessed by it to facilitate the
development, construction, financing operation, and maintenance of
transportation projects under this chapter. Agreements for maintenance
services entered into under this section shall provide for full reimbursement
for services rendered by the department or other state agencies. Agreements
for police services for projects, involving state highway routes, developed
under agreements shall be entered into with the Washington state patrol. The
agreement for police services shall provide that the state patrol will be
reimbursed for costs on a comparable basis with the costs incurred for
comparable service on other state highway routes. The department may provide
services for which it is reimbursed, including but not limited to preliminary
planning, environmental certification, and preliminary design of the
demonstration projects.
(5)
The plans and specifications for each project constructed under this section
shall comply with the department's standards for state projects. A facility
constructed by and leased to a private entity is deemed to be a part of the
state highway system for purposes of identification, maintenance, and
enforcement of traffic laws and for the purposes of applicable sections of this
title. Upon reversion of the facility to the state, the project must meet all
applicable state standards. Agreements shall address responsibility for
reconstruction or renovations that are required in order for a facility to meet
all applicable state standards upon reversion of the facility to the state.
(6)
For the purpose of facilitating these projects and to assist the private entity
in the financing, development, construction, and operation of the
transportation systems and facilities, the agreements may include provisions
for the department to exercise its authority, including the lease of
facilities, rights of way, and airspace, exercise of the power of eminent
domain, granting of development rights and opportunities, granting of necessary
easements and rights of access, issuance of permits and other authorizations,
protection from competition, remedies in the event of default of either of the
parties, granting of contractual and real property rights, liability during
construction and the term of the lease, authority to negotiate acquisition of
rights of way in excess of appraised value, and any other provision deemed
necessary by the secretary.
(7)
The agreements entered into under this section may include provisions
authorizing the state to grant necessary easements and lease to a private
entity existing rights of way or rights of way subsequently acquired with
public or private financing. The agreements may also include provisions to
lease to the entity airspace above or below the right of way associated or to
be associated with the private entity's transportation facility. In
consideration for the reversion rights in these privately constructed
facilities, the department may negotiate a charge for the lease of airspace
rights during the term of the agreement for a period not to exceed fifty
years. If, after the expiration of this period, the department continues to
lease these airspace rights to the private entity, it shall do so only at fair
market value. The agreement may also provide the private entity the right of
first refusal to undertake projects utilizing airspace owned by the state in
the vicinity of the public-private project.
(8)
Agreements under this section may include any contractual provision that is
necessary to protect the project revenues required to repay the costs incurred
to study, plan, design, finance, acquire, build, install, operate, enforce
laws, and maintain toll highways, bridges, and tunnels and which will not
unreasonably inhibit or prohibit the development of additional public
transportation systems and facilities. Agreements under this section must
secure and maintain liability insurance coverage in amounts appropriate to
protect the project's viability and may address state indemnification of the
private entity for design and construction liability where the state has
approved relevant design and construction plans.
(9)
Agreements shall include a process that provides for public involvement in
decision making with respect to the development of the projects.
(10)(a)
In carrying out the public involvement process required in subsection (9) of
this section, the private entity shall proactively seek public participation
through a process appropriate to the characteristics of the project that
assesses and demonstrates public support among: Users of the project,
residents of communities in the vicinity of the project, and residents of
communities impacted by the project.
(b)
The private entity shall conduct a comprehensive public involvement process
that provides, periodically throughout the development and implementation of
the project, users and residents of communities in the affected project area an
opportunity to comment upon key issues regarding the project including, but not
limited to: (i) Alternative sizes and scopes; (ii) design; (iii) environmental
assessment; (iv) right of way and access plans; (v) traffic impacts; (vi)
tolling or user fee strategies and tolling or user fee ranges; (vii) project
cost; (viii) construction impacts; (ix) facility operation; and (x) any other
salient characteristics.
(c)
If the affected project area has not been defined, the private entity shall
define the affected project area by conducting, at a minimum: (i) A comparison
of the estimated percentage of residents of communities in the vicinity of the
project and in other communities impacted by the project who could be subject
to tolls or user fees and the estimated percentage of other users and transient
traffic that could be subject to tolls or user fees; (ii) an analysis of the
anticipated traffic diversion patterns; (iii) an analysis of the potential
economic impact resulting from proposed toll rates or user fee rates imposed on
residents, commercial traffic, and commercial entities in communities in the
vicinity of and impacted by the project; (iv) an analysis of the economic
impact of tolls or user fees on the price of goods and services generally; and
(v) an analysis of the relationship of the project to state transportation
needs and benefits.
The
agreement may require an advisory vote by users of and residents in the
affected project area.
(d)
In seeking public participation, the private entity shall establish a local
involvement committee or committees comprised of residents of the affected
project area, individuals who represent cities and counties in the affected
project area, organizations formed to support or oppose the project, if such
organizations exist, and users of the project. The private entity shall, at a
minimum, establish a committee as required under the specifications of RCW
47.46.030(6)(b) (ii) and (iii) and appointments to such committee shall be made
no later than thirty days after the project area is defined.
(e)
Local involvement committees shall act in an advisory capacity to the
department and the private entity on all issues related to the development and
implementation of the public involvement process established under this
section.
(f)
The department and the private entity shall provide the legislative
transportation committee and local involvement committees with progress reports
on the status of the public involvement process including the results of an
advisory vote, if any occurs.
(11)
Nothing in this chapter limits the right of the secretary and his or her agents
to render such advice and to make such recommendations as they deem to be in
the best interests of the state and the public.
*Sec. 237 was vetoed. See message at end of chapter.
Sec.
238. RCW
72.09.100 and 1995 1st sp.s. c 19 s 33 are each amended to read as follows:
It
is the intent of the legislature to vest in the department the power to provide
for a comprehensive inmate work program and to remove statutory and other
restrictions which have limited work programs in the past. For purposes of
establishing such a comprehensive program, the legislature recommends that the
department consider adopting any or all, or any variation of, the following
classes of work programs:
(1)
CLASS I: FREE VENTURE INDUSTRIES. The employer model industries in this class
shall be operated and managed in total or in part by any profit or nonprofit
organization pursuant to an agreement between the organization and the
department. The organization shall produce goods or services for sale to both
the public and private sector.
The
customer model industries in this class shall be operated and managed by the
department to provide Washington state manufacturers or businesses with
products or services currently produced or provided by out-of-state or foreign
suppliers. The correctional industries board of directors shall review these
proposed industries before the department contracts to provide such products or
services. The review shall include an analysis of the potential impact of the
proposed products and services on the Washington state business community and
labor market.
The
department of corrections shall supply appropriate security and custody services
without charge to the participating firms.
Inmates
who work in free venture industries shall do so at their own choice. They
shall be paid a wage comparable to the wage paid for work of a similar nature
in the locality in which the industry is located, as determined by the director
of correctional industries. If the director cannot reasonably determine the
comparable wage, then the pay shall not be less than the federal minimum wage.
An
inmate who is employed in the class I program of correctional industries shall
not be eligible for unemployment compensation benefits pursuant to any of the
provisions of Title 50 RCW until released on parole or discharged.
(2)
CLASS II: TAX REDUCTION INDUSTRIES. Industries in this class shall be
state-owned and operated enterprises designed to reduce the costs for goods and
services for tax-supported agencies and for nonprofit organizations. The
industries selected for development within this class shall, as much as
possible, match the available pool of inmate work skills and aptitudes with the
work opportunities in the free community. The industries shall be closely
patterned after private sector industries but with the objective of reducing
public support costs rather than making a profit. The products and services of
this industry, including purchased products and services necessary for a
complete product line, may be sold to public agencies, to nonprofit
organizations, and to private contractors when the goods purchased will be
ultimately used by a public agency or a nonprofit organization. Clothing
manufactured by an industry in this class may be donated to nonprofit
organizations that provide clothing free of charge to low-income persons.
Correctional industries products and services shall be reviewed by the correctional
industries board of directors before offering such products and services for
sale to private contractors. The board of directors shall conduct a yearly
marketing review of the products and services offered under this subsection.
Such review shall include an analysis of the potential impact of the proposed
products and services on the Washington state business community. To avoid
waste or spoilage and consequent loss to the state, when there is no public
sector market for such goods, byproducts and surpluses of timber, agricultural,
and animal husbandry enterprises may be sold to private persons, at private
sale. Surplus byproducts and surpluses of timber, agricultural and animal
husbandry enterprises that cannot be sold to public agencies or to private
persons may be donated to nonprofit organizations. All sales of surplus
products shall be carried out in accordance with rules prescribed by the
secretary.
Security
and custody services shall be provided without charge by the department of corrections.
Inmates
working in this class of industries shall do so at their own choice and shall
be paid for their work on a gratuity scale which shall not exceed the wage paid
for work of a similar nature in the locality in which the industry is located and
which is approved by the director of correctional industries.
Subject
to approval of the correctional industries board, provisions of ((RCW
41.06.380 prohibiting contracting out work performed by classified employees))
section 208 of this act shall not apply to contracts with Washington
state businesses entered into by the department of corrections through class II
industries.
(3)
CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES. Industries in this class shall
be operated by the department of corrections. They shall be designed and
managed to accomplish the following objectives:
(a)
Whenever possible, to provide basic work training and experience so that the
inmate will be able to qualify for better work both within correctional
industries and the free community. It is not intended that an inmate's work
within this class of industries should be his or her final and total work
experience as an inmate.
(b)
Whenever possible, to provide forty hours of work or work training per week.
(c)
Whenever possible, to offset tax and other public support costs.
Supervising,
management, and custody staff shall be employees of the department.
All
able and eligible inmates who are assigned work and who are not working in
other classes of industries shall work in this class.
Except
for inmates who work in work training programs, inmates in this class shall be
paid for their work in accordance with an inmate gratuity scale. The scale
shall be adopted by the secretary of corrections.
(4)
CLASS IV: COMMUNITY WORK INDUSTRIES. Industries in this class shall be
operated by the department of corrections. They shall be designed and managed
to provide services in the inmate's resident community at a reduced cost. The
services shall be provided to public agencies, to persons who are poor or
infirm, or to nonprofit organizations.
Inmates
in this program shall reside in facilities owned by, contracted for, or
licensed by the department of corrections. A unit of local government shall
provide work supervision services without charge to the state and shall pay the
inmate's wage.
The
department of corrections shall reimburse participating units of local
government for liability and workers compensation insurance costs.
Inmates
who work in this class of industries shall do so at their own choice and shall
receive a gratuity which shall not exceed the wage paid for work of a similar
nature in the locality in which the industry is located.
(5)
CLASS V: COMMUNITY SERVICE PROGRAMS. Programs in this class shall be subject
to supervision by the department of corrections. The purpose of this class of
industries is to enable an inmate, placed on community supervision, to work off
all or part of a community service order as ordered by the sentencing court.
Employment
shall be in a community service program operated by the state, local units of
government, or a nonprofit agency.
To
the extent that funds are specifically made available for such purposes, the
department of corrections shall reimburse nonprofit agencies for workers
compensation insurance costs.
Sec.
239. RCW
41.06.079 and 1993 c 281 s 23 are each amended to read as follows:
In
addition to the exemptions set forth in RCW 41.06.070, the provisions of this
chapter shall not apply in the department of transportation to the secretary, a
deputy secretary, an administrative assistant to the secretary, if any, one
assistant secretary for each division designated pursuant to RCW 47.01.081, one
confidential secretary for each of the above-named officers, up to six
transportation district administrators and one confidential secretary for each
district administrator, up to six additional new administrators or confidential
secretaries designated by the secretary of the department of transportation and
approved by the Washington personnel resources board pursuant to the provisions
of RCW 41.06.070(((1)(z))), the legislative liaison for the department,
the state construction engineer, the state aid engineer, the personnel manager,
the state project development engineer, the state maintenance and operations
engineer, one confidential secretary for each of the last-named five positions,
and a confidential secretary for the public affairs administrator. The
individuals appointed under this section shall be exempt from the provisions of
the state civil service law, and shall be paid salaries to be fixed by the
governor in accordance with the procedure established by law for the fixing of
salaries for individuals exempt from the operation of the state civil service
law.
Sec.
240. RCW
41.06.152 and 1999 c 309 s 914 are each amended to read as follows:
(1)
The board shall adopt only those job classification revisions, class studies,
and salary adjustments under RCW 41.06.150(((15))) (12) that:
(a)
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; and
(b)
Are such that the office of financial management has reviewed the agency's
fiscal impact statement and has concurred that the agency can absorb the
biennialized cost of the reclassification, class study, or salary adjustment
within the agency's current authorized level of funding for the current fiscal
biennium and subsequent fiscal biennia.
(2)
In addition to reclassifications, class studies, and salary adjustments under
subsection (1)(b) of this section, the board may approve other
reclassifications, class studies, and salary adjustments that meet the
requirements of subsection (1)(a) of this section and have been approved under
the procedures established under this subsection.
Before
the department of personnel's biennial budget request is due to the office of
financial management, the board shall prioritize requests for
reclassifications, class studies, and salary adjustments for the next fiscal
biennium. The board shall prioritize according to such criteria as are
developed by the board consistent with RCW 41.06.150(((15))) (12)(a).
The
board shall submit the prioritized list to the governor's office and the fiscal
committees of the house of representatives and senate at the same time the
department of personnel's biennial budget request is submitted. The office of
financial management shall review the biennial cost of each proposed salary
adjustment on the board's prioritized list.
In
the biennial appropriations acts, the legislature may establish a level of
funding, from the state general fund and other accounts, to be applied by the
board to the prioritized list. Upon enactment of the appropriations act, the
board may approve reclassifications, class studies, and salary adjustments only
to the extent that the total cost does not exceed the level of funding
established in the appropriations acts and the board's actions are consistent
with the priorities established in the list. The legislature may also specify
or otherwise limit in the appropriations act the implementation dates for
actions approved by the board under this section.
(3)
When the board develops its priority list in the 1999-2001 biennium, for
increases proposed for funding in the 2001-2003 biennium, the board shall give
top priority to proposed increases to address documented recruitment and
retention increases, and shall give lowest priority to proposed increases to
recognize increased duties and responsibilities. When the board submits its
prioritized list for the 2001-2003 biennium, the board shall also provide: A
comparison of any differences between the salary increases recommended by the
department of personnel staff and those adopted by the board; a review of any
salary compression, inversion, or inequities that would result from
implementing a recommended increase; and a complete description of the
information relied upon by the board in adopting its proposals and priorities.
(4)
This section does not apply to the higher education hospital special pay plan
or to any adjustments to the classification plan under RCW 41.06.150(((15)))
(12) that are due to emergent conditions. Emergent conditions are
defined as emergency conditions requiring the establishment of positions
necessary for the preservation of the public health, safety, or general
welfare.
Sec.
241. RCW
41.06.152 and 2002 c . . . s 240 (section 240 of this act) are each
amended to read as follows:
(1)
The ((board)) director shall adopt only those job classification
revisions, class studies, and salary adjustments under RCW 41.06.150(((12)))
(4) that:
(a)
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; and
(b)
Are such that the office of financial management has reviewed the agency's
fiscal impact statement and has concurred that the agency can absorb the
biennialized cost of the reclassification, class study, or salary adjustment
within the agency's current authorized level of funding for the current fiscal
biennium and subsequent fiscal biennia.
(2)
In addition to reclassifications, class studies, and salary adjustments under
subsection (1)(b) of this section, the board may approve other
reclassifications, class studies, and salary adjustments that meet the
requirements of subsection (1)(a) of this section and have been approved under
the procedures established under this subsection.
Before
the department of personnel's biennial budget request is due to the office of
financial management, the board shall prioritize requests for
reclassifications, class studies, and salary adjustments for the next fiscal
biennium. The board shall prioritize according to such criteria as are
developed by the board consistent with RCW 41.06.150(((12))) (4)(a).
The
board shall submit the prioritized list to the governor's office and the fiscal
committees of the house of representatives and senate at the same time the
department of personnel's biennial budget request is submitted. The office of
financial management shall review the biennial cost of each proposed salary
adjustment on the board's prioritized list.
In
the biennial appropriations acts, the legislature may establish a level of
funding, from the state general fund and other accounts, to be applied by the
board to the prioritized list. Upon enactment of the appropriations act, the
board may approve reclassifications, class studies, and salary adjustments only
to the extent that the total cost does not exceed the level of funding
established in the appropriations acts and the board's actions are consistent
with the priorities established in the list. The legislature may also specify
or otherwise limit in the appropriations act the implementation dates for
actions approved by the board under this section.
(3)
When the board develops its priority list in the 1999-2001 biennium, for
increases proposed for funding in the 2001-2003 biennium, the board shall give
top priority to proposed increases to address documented recruitment and
retention increases, and shall give lowest priority to proposed increases to
recognize increased duties and responsibilities. When the board submits its
prioritized list for the 2001-2003 biennium, the board shall also provide: A
comparison of any differences between the salary increases recommended by the
department of personnel staff and those adopted by the board; a review of any
salary compression, inversion, or inequities that would result from
implementing a recommended increase; and a complete description of the
information relied upon by the board in adopting its proposals and priorities.
(4)
This section does not apply to the higher education hospital special pay plan
or to any adjustments to the classification plan under RCW 41.06.150(((12)))
(4) that are due to emergent conditions. Emergent conditions are
defined as emergency conditions requiring the establishment of positions
necessary for the preservation of the public health, safety, or general
welfare.
Sec.
242. RCW
41.06.500 and 1996 c 319 s 4 are each amended to read as follows:
(1)
Except as provided in RCW 41.06.070, notwithstanding any other provisions of
this chapter, the director is authorized to adopt, after consultation with
state agencies and employee organizations, rules for managers as defined in RCW
41.06.022. These rules shall not apply to managers employed by institutions of
higher education or related boards or whose positions are exempt. The rules
shall govern recruitment, appointment, classification and allocation of positions,
examination, training and career development, hours of work, probation,
certification, compensation, transfer, affirmative action, promotion, layoff,
reemployment, performance appraisals, discipline, and any and all other
personnel practices for managers. These rules shall be separate from rules
adopted by the board for other employees, and to the extent that the rules
adopted apply only to managers shall take precedence over rules adopted by the
board, and are not subject to review by the board.
(2)
In establishing rules for managers, the director shall adhere to the following
goals:
(a)
Development of a simplified classification system that facilitates movement of
managers between agencies and promotes upward mobility;
(b)
Creation of a compensation system consistent with the policy set forth in RCW
41.06.150(((17))) (14). The system shall provide flexibility in
setting and changing salaries, and shall require review and approval by the
director in the case of any salary changes greater than five percent proposed
for any group of employees;
(c)
Establishment of a performance appraisal system that emphasizes individual
accountability for program results and efficient management of resources;
effective planning, organization, and communication skills; valuing and
managing workplace diversity; development of leadership and interpersonal
abilities; and employee development;
(d)
Strengthening management training and career development programs that build
critical management knowledge, skills, and abilities; focusing on managing and
valuing workplace diversity; empowering employees by enabling them to share in
workplace decision making and to be innovative, willing to take risks, and able
to accept and deal with change; promoting a workplace where the overall focus
is on the recipient of the government services and how these services can be
improved; and enhancing mobility and career advancement opportunities;
(e)
Permitting flexible recruitment and hiring procedures that enable agencies to
compete effectively with other employers, both public and private, for managers
with appropriate skills and training; allowing consideration of all qualified
candidates for positions as managers; and achieving affirmative action goals
and diversity in the workplace;
(f)
Providing that managers may only be reduced, dismissed, suspended, or demoted
for cause; and
(g) Facilitating decentralized and regional administration.
Sec.
243. RCW
41.06.500 and 2002 c . . . s 242 (section 242 of this act) are each
amended to read as follows:
(1)
Except as provided in RCW 41.06.070, notwithstanding any other provisions of
this chapter, the director is authorized to adopt, after consultation with
state agencies and employee organizations, rules for managers as defined in RCW
41.06.022. These rules shall not apply to managers employed by institutions of
higher education or related boards or whose positions are exempt. The rules
shall govern recruitment, appointment, classification and allocation of
positions, examination, training and career development, hours of work,
probation, certification, compensation, transfer, affirmative action,
promotion, layoff, reemployment, performance appraisals, discipline, and any
and all other personnel practices for managers. These rules shall be separate
from rules adopted ((by the board)) for other employees, and to the
extent that the rules adopted under this section apply only to managers
shall take precedence over rules adopted ((by the board)) for other
employees, and are not subject to review by the board.
(2)
In establishing rules for managers, the director shall adhere to the following
goals:
(a)
Development of a simplified classification system that facilitates movement of
managers between agencies and promotes upward mobility;
(b)
Creation of a compensation system ((consistent with the policy set forth in
RCW 41.06.150(14). The system shall provide)) that provides
flexibility in setting and changing salaries, and shall require review and
approval by the director in the case of any salary changes greater than five
percent proposed for any group of employees;
(c)
Establishment of a performance appraisal system that emphasizes individual
accountability for program results and efficient management of resources;
effective planning, organization, and communication skills; valuing and
managing workplace diversity; development of leadership and interpersonal
abilities; and employee development;
(d)
Strengthening management training and career development programs that build
critical management knowledge, skills, and abilities; focusing on managing and
valuing workplace diversity; empowering employees by enabling them to share in
workplace decision making and to be innovative, willing to take risks, and able
to accept and deal with change; promoting a workplace where the overall focus
is on the recipient of the government services and how these services can be
improved; and enhancing mobility and career advancement opportunities;
(e)
Permitting flexible recruitment and hiring procedures that enable agencies to
compete effectively with other employers, both public and private, for managers
with appropriate skills and training; allowing consideration of all qualified
candidates for positions as managers; and achieving affirmative action goals
and diversity in the workplace;
(f)
Providing that managers may only be reduced, dismissed, suspended, or demoted
for cause; and
(g)
Facilitating decentralized and regional administration.
Sec.
244. RCW
43.23.010 and 1990 c 37 s 1 are each amended to read as follows:
In
order to obtain maximum efficiency and effectiveness within the department of
agriculture, the director may create such administrative divisions within the
department as he or she deems necessary. The director shall appoint a deputy
director as well as such assistant directors as shall be needed to administer
the several divisions within the department. The director shall appoint no
more than eight assistant directors. The officers appointed under this section
are exempt from the provisions of the state civil service law as provided in
RCW 41.06.070(((7))) (1)(g), and shall be paid salaries to be
fixed by the governor in accordance with the procedure established by law for
the fixing of salaries for officers exempt from the operation of the state
civil service law. The director shall also appoint and deputize a state
veterinarian who shall be an experienced veterinarian properly licensed to
practice veterinary medicine in this state.
The director of agriculture shall have charge and general
supervision of the department and may assign supervisory and administrative
duties other than those specified in RCW 43.23.070 to the division which in his
or her judgment can most efficiently carry on those functions.
Sec.
245. RCW
49.74.030 and 1993 c 281 s 58 are each amended to read as follows:
The commission in conjunction with the department of personnel or
the state patrol, whichever is appropriate, shall attempt to resolve the
noncompliance through conciliation. If an agreement is reached for the
elimination of noncompliance, the agreement shall be reduced to writing and an
order shall be issued by the commission setting forth the terms of the
agreement. The noncomplying state agency, institution of higher education, or
state patrol shall make a good faith effort to conciliate and make a full
commitment to correct the noncompliance with any action that may be necessary
to achieve compliance, provided such action is not inconsistent with the rules
adopted under RCW 41.06.150(((21))) (19) and 43.43.340(5),
whichever is appropriate.
Sec.
246. RCW
49.74.030 and 2002 c . . . s 245 (section 245 of this act) are each
amended to read as follows:
The commission in conjunction with the department of personnel or
the state patrol, whichever is appropriate, shall attempt to resolve the
noncompliance through conciliation. If an agreement is reached for the
elimination of noncompliance, the agreement shall be reduced to writing and an
order shall be issued by the commission setting forth the terms of the
agreement. The noncomplying state agency, institution of higher education, or
state patrol shall make a good faith effort to conciliate and make a full
commitment to correct the noncompliance with any action that may be necessary
to achieve compliance, provided such action is not inconsistent with the rules
adopted under RCW 41.06.150(((19))) (6) and 43.43.340(5),
whichever is appropriate.
Sec.
247. RCW
49.74.040 and 1985 c 365 s 11 are each amended to read as follows:
If
no agreement can be reached under RCW 49.74.030, the commission may refer the
matter to the administrative law judge for hearing pursuant to RCW 49.60.250.
If the administrative law judge finds that the state agency, institution of
higher education, or state patrol has not made a good faith effort to correct
the noncompliance, the administrative law judge shall order the state agency,
institution of higher education, or state patrol to comply with this chapter.
The administrative law judge may order any action that may be necessary to
achieve compliance, provided such action is not inconsistent with the rules
adopted under RCW ((28B.16.100(20),)) 41.06.150(((21),)) (19)
and 43.43.340(5), whichever is appropriate.
An
order by the administrative law judge may be appealed to superior court.
Sec.
248. RCW
49.74.040 and 2002 c . . . s 247 (section 247 of this act) are each
amended to read as follows:
If
no agreement can be reached under RCW 49.74.030, the commission may refer the
matter to the administrative law judge for hearing pursuant to RCW 49.60.250.
If the administrative law judge finds that the state agency, institution of
higher education, or state patrol has not made a good faith effort to correct
the noncompliance, the administrative law judge shall order the state agency,
institution of higher education, or state patrol to comply with this chapter.
The administrative law judge may order any action that may be necessary to
achieve compliance, provided such action is not inconsistent with the rules
adopted under RCW 41.06.150(((19))) (6) and 43.43.340(5), whichever
is appropriate.
An
order by the administrative law judge may be appealed to superior court.
Sec.
249. RCW
41.56.201 and 2000 c 19 s 2 are each amended to read as follows:
(1)
At any time after July 1, 1993, and prior to July 1, 2003, an
institution of higher education and the exclusive bargaining representative of
a bargaining unit of employees classified under chapter ((28B.16 or))
41.06 RCW as appropriate may exercise their option to have their relationship
and corresponding obligations governed entirely by the provisions of this
chapter by complying with the following:
(a)
The parties will file notice of the parties' intent to be so governed, subject
to the mutual adoption of a collective bargaining agreement permitted by this
section recognizing the notice of intent. The parties shall provide the notice
to the Washington personnel resources board or its successor and the
commission;
(b)
During the negotiation of an initial contract between the parties under this
chapter, the parties' scope of bargaining shall be governed by this chapter and
any disputes arising out of the collective bargaining rights and obligations
under this subsection shall be determined by the commission. If the commission
finds that the parties are at impasse, the notice filed under (a) of this
subsection shall be void and have no effect; and
(c)
On the first day of the month following the month during which the institution
of higher education and the exclusive bargaining representative provide notice
to the Washington personnel resources board or its successor and the commission
that they have executed an initial collective bargaining agreement recognizing
the notice of intent filed under (a) of this subsection, chapter ((28B.16 or))
41.06 RCW as appropriate shall cease to apply to all employees in the
bargaining unit covered by the agreement.
(2)
All collective bargaining rights and obligations concerning relations between
an institution of higher education and the exclusive bargaining representative
of its employees who have agreed to exercise the option permitted by this
section shall be determined under this chapter, subject to the following:
(a)
The commission shall recognize, in its current form, the bargaining unit as
certified by the Washington personnel resources board or its successor. For
purposes of determining bargaining unit status, positions meeting the criteria
established under RCW 41.06.070 or its successor shall be excluded from
coverage under this chapter. An employer may exclude such positions from a
bargaining unit at any time the position meets the criteria established under
RCW 41.06.070 or its successor. The limitations on collective bargaining
contained in RCW 41.56.100 shall not apply to that bargaining unit.
(b)
If, on the date of filing the notice under subsection (1)(a) of this section,
there is a union shop authorized for the bargaining unit under rules adopted by
the Washington personnel resources board or its successor, the union shop
requirement shall continue in effect for the bargaining unit and shall be
deemed incorporated into the collective bargaining agreement applicable to the
bargaining unit.
(c)
Salary increases negotiated for the employees in the bargaining unit shall be
subject to the following:
(i)
Salary increases shall continue to be appropriated by the legislature. The
exclusive bargaining representative shall meet before a legislative session
with the governor or governor's designee and the representative of the
institution of higher education concerning the total dollar amount for salary
increases and health care contributions that will be contained in the
appropriations proposed by the governor under RCW 43.88.060;
(ii)
The collective bargaining agreements may provide for salary increases from
local efficiency savings that are different from or that exceed the amount or
percentage for salary increases provided by the legislature in the omnibus
appropriations act for the institution of higher education or allocated to the
board of trustees by the state board for community and technical colleges, but
the base for salary increases provided by the legislature under (c)(i) of this
subsection shall include only those amounts appropriated by the legislature,
and the base shall not include any additional salary increases provided under
this subsection (2)(c)(ii);
(iii)
Any provisions of the collective bargaining agreements pertaining to salary
increases provided under (c)(i) of this subsection shall be subject to
modification by the legislature. If any provision of a salary increase
provided under (c)(i) of this subsection is changed by subsequent modification
of the appropriations act by the legislature, both parties shall immediately
enter into collective bargaining for the sole purpose of arriving at a mutually
agreed upon replacement for the modified provision.
(3)
Nothing in this section may be construed to permit an institution of higher
education to bargain collectively with an exclusive bargaining representative
concerning any matter covered by: (a) Chapter 41.05 RCW, except for the
related cost or dollar contributions or additional or supplemental benefits as
permitted by chapter 492, Laws of 1993; or (b) chapter 41.32 or 41.40 RCW.
(4)
Any collective bargaining agreement entered into under this section before July
1, 2004, that expires after July 1, 2004, shall, unless a superseding agreement
complying with sections 301 through 314 of this act is negotiated by the
parties, remain in full force and effect during its duration, but the agreement
may not be renewed or extended beyond July 1, 2005, or until superseded by a
collective bargaining agreement entered into under sections 301 through 314 of
this act, whichever is later.
PART
III
COLLECTIVE
BARGAINING REFORM
NEW
SECTION. Sec. 301.
APPLICATION OF CHAPTER. Collective bargaining negotiations under this chapter
shall commence no later than July 1, 2004. A collective bargaining agreement
entered into under this chapter shall not be effective prior to July 1, 2005.
However, any collective bargaining agreement entered into before July 1, 2004,
covering employees affected by sections 301 through 314 of this act, that
expires after July 1, 2004, shall, unless a superseding agreement complying
with sections 301 through 314 of this act is negotiated by the parties, remain
in full force during its duration, but the agreement may not be renewed or
extended beyond July 1, 2005, or until superseded by a collective bargaining
agreement entered into under sections 301 through 314 of this act, whichever is
later. The duration of any collective bargaining agreement under this chapter
shall not exceed one fiscal biennium.
NEW
SECTION. Sec. 302.
NEGOTIATION AND RATIFICATION OF COLLECTIVE BARGAINING AGREEMENTS. (1) For the
purpose of negotiating collective bargaining agreements under this chapter, the
employer shall be represented by the governor or governor's designee, except as
provided for institutions of higher education in subsection (4) of this
section.
(2)(a)
If an exclusive bargaining representative represents more than one bargaining
unit, the exclusive bargaining representative shall negotiate with each
employer representative as designated in subsection (1) of this section one
master collective bargaining agreement on behalf of all the employees in
bargaining units that the exclusive bargaining representative represents. For
those exclusive bargaining representatives who represent fewer than a total of
five hundred employees each, negotiation shall be by a coalition of all those
exclusive bargaining representatives. The coalition shall bargain for a master
collective bargaining agreement covering all of the employees represented by
the coalition. The governor's designee and the exclusive bargaining
representative or representatives are authorized to enter into supplemental
bargaining of agency-specific issues for inclusion in or as an addendum to the
master collective bargaining agreement, subject to the parties' agreement
regarding the issues and procedures for supplemental bargaining. This section
does not prohibit cooperation and coordination of bargaining between two or
more exclusive bargaining representatives.
(b)
This subsection (2) does not apply to exclusive bargaining representatives who
represent employees of institutions of higher education, except when the
institution of higher education has elected to exercise its option under
subsection (4) of this section to have its negotiations conducted by the
governor or governor's designee under the procedures provided for general
government agencies in subsections (1) through (3) of this section.
(c)
If five hundred or more employees of an independent state elected official
listed in RCW 43.01.010 are organized in a bargaining unit or bargaining units
under section 308 of this act, the official shall be consulted by the governor
or the governor's designee before any agreement is reached under (a) of this
subsection concerning supplemental bargaining of agency specific issues
affecting the employees in such bargaining unit.
(3)
The governor shall submit a request for funds necessary to implement the
compensation and fringe benefit provisions in the master collective bargaining
agreement or for legislation necessary to implement the agreement. Requests
for funds necessary to implement the provisions of bargaining agreements shall
not be submitted to the legislature by the governor unless such requests:
(a)
Have been submitted to the director of the office of financial management by
October 1 prior to the legislative session at which the requests are to be
considered; and
(b)
Have been certified by the director of the office of financial management as
being feasible financially for the state.
The
legislature shall approve or reject the submission of the request for funds as
a whole. The legislature shall not consider a request for funds to implement a
collective bargaining agreement unless the request is transmitted to the
legislature as part of the governor's budget document submitted under RCW
43.88.030 and 43.88.060. If the legislature rejects or fails to act on the
submission, either party may reopen all or part of the agreement or the
exclusive bargaining representative may seek to implement the procedures
provided for in section 310 of this act.
(4)
For the purpose of negotiating agreements for institutions of higher education,
the employer shall be the respective governing board of each of the
universities, colleges, or community and technical colleges or a designee
chosen by the board to negotiate on its behalf. A governing board may elect to
have its negotiations conducted by the governor or governor's designee under
the procedures provided for general government agencies in subsections (1), (2),
and (3) of this section. Prior to entering into negotiations under this
chapter, the institutions of higher education or their designees shall consult
with the director of the office of financial management regarding financial and
budgetary issues that are likely to arise in the impending negotiations. If
appropriations are necessary to implement the compensation and fringe benefit
provisions of the bargaining agreements reached between institutions of higher
education and exclusive bargaining representatives agreed to under the
provisions of this chapter, the governor shall submit a request for such funds
to the legislature according to the provisions of subsection (3) of this
section.
(5)
There is hereby created a joint committee on employment relations, which
consists of two members with leadership positions in the house of
representatives, representing each of the two largest caucuses; the chair and
ranking minority member of the house appropriations committee, or its
successor, representing each of the two largest caucuses; two members with
leadership positions in the senate, representing each of the two largest
caucuses; and the chair and ranking minority member of the senate ways and
means committee, or its successor, representing each of the two largest
caucuses. The governor shall periodically consult with the committee regarding
appropriations necessary to implement the compensation and fringe benefit
provisions in the master collective bargaining agreements, and upon completion
of negotiations, advise the committee on the elements of the agreements and on
any legislation necessary to implement the agreements.
(6)
If, after the compensation and fringe benefit provisions of an agreement are
approved by the legislature, a significant revenue shortfall occurs resulting
in reduced appropriations, as declared by proclamation of the governor or by
resolution of the legislature, both parties shall immediately enter into
collective bargaining for a mutually agreed upon modification of the agreement.
(7)
After the expiration date of a collective bargaining agreement negotiated under
this chapter, all of the terms and conditions specified in the collective
bargaining agreement remain in effect until the effective date of a
subsequently negotiated agreement, not to exceed one year from the expiration
date stated in the agreement. Thereafter, the employer may unilaterally
implement according to law.
NEW
SECTION. Sec. 303. SCOPE
OF BARGAINING. (1) Except as otherwise provided in this chapter, the matters
subject to bargaining include wages, hours, and other terms and conditions of
employment, and the negotiation of any question arising under a collective
bargaining agreement.
(2)
The employer is not required to bargain over matters pertaining to:
(a)
Health care benefits or other employee insurance benefits, except as required
in subsection (3) of this section;
(b)
Any retirement system or retirement benefit; or
(c)
Rules of the director of personnel or the Washington personnel resources board
adopted under section 203, chapter . . ., Laws of 2002 (section 203
of this act).
(3)
Matters subject to bargaining include the number of names to be certified for
vacancies, promotional preferences, and the dollar amount expended on behalf of
each employee for health care benefits. However, except as provided otherwise
in this subsection for institutions of higher education, negotiations regarding
the number of names to be certified for vacancies, promotional preferences, and
the dollar amount expended on behalf of each employee for health care benefits
shall be conducted between the employer and one coalition of all the exclusive
bargaining representatives subject to this chapter. Any such provision agreed
to by the employer and the coalition shall be included in all master collective
bargaining agreements negotiated by the parties. For institutions of higher
education, promotional preferences and the number of names to be certified for
vacancies shall be bargained under the provisions of section 302(4) of this
act.
(4)
The employer and the exclusive bargaining representative shall not agree to any
proposal that would prevent the implementation of approved affirmative action
plans or that would be inconsistent with the comparable worth agreement that
provided the basis for the salary changes implemented beginning with the
1983-1985 biennium to achieve comparable worth.
(5)
The employer and the exclusive bargaining representative shall not bargain over
matters pertaining to management rights established in section 305 of this act.
(6)
Except as otherwise provided in this chapter, if a conflict exists between an
executive order, administrative rule, or agency policy relating to wages,
hours, and terms and conditions of employment and a collective bargaining
agreement negotiated under this chapter, the collective bargaining agreement
shall prevail. A provision of a collective bargaining agreement that conflicts
with the terms of a statute is invalid and unenforceable.
(7)
This section does not prohibit bargaining that affects contracts authorized by
section 208 of this act.
NEW
SECTION. Sec. 304.
CONTENTS OF COLLECTIVE BARGAINING AGREEMENTS. (1) The parties to a collective
bargaining agreement shall reduce the agreement to writing and both shall
execute it.
(2)
A collective bargaining agreement shall contain provisions that:
(a)
Provide for a grievance procedure that culminates with final and binding
arbitration of all disputes arising over the interpretation or application of
the collective bargaining agreement and that is valid and enforceable under its
terms when entered into in accordance with this chapter; and
(b)
Require processing of disciplinary actions or terminations of employment of
employees covered by the collective bargaining agreement entirely under the
procedures of the collective bargaining agreement. Any employee, when fully reinstated,
shall be guaranteed all employee rights and benefits, including back pay, sick
leave, vacation accrual, and retirement and federal old age, survivors, and
disability insurance act credits, but without back pay for any period of
suspension.
(3)(a)
If a collective bargaining agreement between an employer and an exclusive
bargaining representative is concluded after the termination date of the
previous collective bargaining agreement between the employer and an employee
organization representing the same bargaining units, the effective date of the
collective bargaining agreement may be the day after the termination of the
previous collective bargaining agreement, and all benefits included in the new
collective bargaining agreement, including wage or salary increases, may accrue
beginning with that effective date.
(b)
If a collective bargaining agreement between an employer and an exclusive
bargaining representative is concluded after the termination date of the
previous collective bargaining agreement between the employer and the exclusive
bargaining representative representing different bargaining units, the
effective date of the collective bargaining agreement may be the day after the
termination date of whichever previous collective bargaining agreement covering
one or more of the units terminated first, and all benefits included in the new
collective bargaining agreement, including wage or salary increases, may accrue
beginning with that effective date.
NEW
SECTION. Sec. 305.
MANAGEMENT RIGHTS. The employer shall not bargain over rights of management
which, in addition to all powers, duties, and rights established by
constitutional provision or statute, shall include but not be limited to the
following:
(1)
The functions and programs of the employer, the use of technology, and the
structure of the organization;
(2)
The employer's budget and the size of the agency work force, including
determining the financial basis for layoffs;
(3)
The right to direct and supervise employees;
(4)
The right to take whatever actions are deemed necessary to carry out the
mission of the state and its agencies during emergencies; and
(5)
Retirement plans and retirement benefits.
NEW
SECTION. Sec. 306. RIGHTS
OF EMPLOYEES. Except as may be specifically limited by this chapter, employees
shall have the right to self-organization, to form, join, or assist employee
organizations, and to bargain collectively through representatives of their own
choosing for the purpose of collective bargaining free from interference,
restraint, or coercion. Employees shall also have the right to refrain from
any or all such activities except to the extent that they may be required to
pay a fee to an exclusive bargaining representative under a union security
provision authorized by this chapter.
NEW
SECTION. Sec. 307. RIGHT
TO STRIKE NOT GRANTED. Nothing contained in chapter . . ., Laws of
2002 (this act) permits or grants to any employee the right to strike or refuse
to perform his or her official duties.
NEW
SECTION. Sec. 308.
BARGAINING UNITS. (1) A bargaining unit of employees covered by this chapter
existing on the effective date of this section shall be considered an
appropriate unit, unless the unit does not meet the requirements of (a) and (b)
of this subsection. The commission, after hearing upon reasonable notice to
all interested parties, shall decide, in each application for certification as
an exclusive bargaining representative, the unit appropriate for
certification. In determining the new units or modifications of existing
units, the commission shall consider: The duties, skills, and working
conditions of the employees; the history of collective bargaining; the extent
of organization among the employees; the desires of the employees; and the
avoidance of excessive fragmentation. However, a unit is not appropriate if it
includes:
(a)
Both supervisors and nonsupervisory employees. A unit that includes only
supervisors may be considered appropriate if a majority of the supervisory
employees indicates by vote that they desire to be included in such a unit; or
(b)
More than one institution of higher education. For the purposes of this
section, any branch or regional campus of an institution of higher education is
part of that institution of higher education.
(2)
The exclusive bargaining representatives certified to represent the bargaining
units existing on the effective date of this section shall continue as the
exclusive bargaining representative without the necessity of an election.
(3)
If a single employee organization is the exclusive bargaining representative
for two or more units, upon petition by the employee organization, the units
may be consolidated into a single larger unit if the commission considers the
larger unit to be appropriate. If consolidation is appropriate, the commission
shall certify the employee organization as the exclusive bargaining
representative of the new unit.
NEW
SECTION. Sec. 309.
REPRESENTATION. (1) The commission shall determine all questions pertaining to
representation and shall administer all elections and be responsible for the
processing and adjudication of all disputes that arise as a consequence of
elections. The commission shall adopt rules that provide for at least the
following:
(a)
Secret balloting;
(b)
Consulting with employee organizations;
(c)
Access to lists of employees, job classification, work locations, and home
mailing addresses;
(d)
Absentee voting;
(e)
Procedures for the greatest possible participation in voting;
(f)
Campaigning on the employer's property during working hours; and
(g)
Election observers.
(2)(a)
If an employee organization has been certified as the exclusive bargaining
representative of the employees of a bargaining unit, the employee organization
may act for and negotiate master collective bargaining agreements that will
include within the coverage of the agreement all employees in the bargaining
unit as provided in section 302(2)(a) of this act. However, if a master
collective bargaining agreement is in effect for the exclusive bargaining
representative, it shall apply to the bargaining unit for which the
certification has been issued. Nothing in this section requires the parties to
engage in new negotiations during the term of that agreement.
(b)
This subsection (2) does not apply to exclusive bargaining representatives who
represent employees of institutions of higher education.
(3)
The certified exclusive bargaining representative shall be responsible for
representing the interests of all the employees in the bargaining unit. This
section shall not be construed to limit an exclusive representative's right to
exercise its discretion to refuse to process grievances of employees that are
unmeritorious.
(4)
No question concerning representation may be raised if:
(a)
Fewer than twelve months have elapsed since the last certification or election;
or
(b)
A valid collective bargaining agreement exists covering the unit, except for
that period of no more than one hundred twenty calendar days nor less than
ninety calendar days before the expiration of the contract.
NEW
SECTION. Sec. 310.
IMPASSE. Should the parties fail to reach agreement in negotiating a
collective bargaining agreement, either party may request of the commission the
assistance of an impartial third party to mediate the negotiations.
If
a collective bargaining agreement previously negotiated under this chapter
should expire while negotiations are underway, the terms and conditions
specified in the collective bargaining agreement shall remain in effect for a
period not to exceed one year from the expiration date stated in the
agreement. Thereafter, the employer may unilaterally implement according to
law.
If
resolution is not reached through mediation by one hundred days beyond the
expiration date of a contract previously negotiated under this chapter, or one
hundred days from the initiation of mediated negotiations if no such contract
exists, an independent fact-finder shall be appointed by the commission.
The
fact-finder shall meet with the parties or their representatives, or both, and
make inquiries and investigations, hold hearings, and take such other steps as
may be appropriate. If the dispute is not settled, the fact-finder shall make
findings of fact and recommend terms of settlement within thirty days.
Such
recommendations, together with the findings of fact, shall be submitted in
writing to the parties and the commission privately before they are made
public. The commission, the fact-finder, the employer, or the exclusive
bargaining representative may make such findings and recommendations public if
the dispute is not settled within ten working days after their receipt from the
fact-finder.
Nothing
in this section shall be construed to prohibit an employer and an exclusive
bargaining representative from agreeing to substitute, at their own expense,
their own procedure for resolving impasses in collective bargaining for that
provided in this section or from agreeing to utilize for the purposes of this
section any other governmental or other agency or person in lieu of the
commission.
Costs
for mediator services shall be borne by the commission, and costs for
fact-finding shall be borne equally by the negotiating parties.
NEW
SECTION. Sec. 311. UNION
SECURITY. (1) A collective bargaining agreement may contain a union security
provision requiring as a condition of employment the payment, no later than the
thirtieth day following the beginning of employment or the effective date of
this section, whichever is later, of an agency shop fee to the employee
organization that is the exclusive bargaining representative for the bargaining
unit in which the employee is employed. The amount of the fee shall be equal
to the amount required to become a member in good standing of the employee
organization. Each employee organization shall establish a procedure by which
any employee so requesting may pay a representation fee no greater than the
part of the membership fee that represents a pro rata share of expenditures for
purposes germane to the collective bargaining process, to contract
administration, or to pursuing matters affecting wages, hours, and other
conditions of employment.
(2)
An employee who is covered by a union security provision and who asserts a
right of nonassociation based on bona fide religious tenets, or teachings of a
church or religious body of which the employee is a member, shall, as a
condition of employment, make payments to the employee organization, for
purposes within the program of the employee organization as designated by the
employee that would be in harmony with his or her individual conscience. The
amount of the payments shall be equal to the periodic dues and fees uniformly
required as a condition of acquiring or retaining membership in the employee
organization minus any included monthly premiums for insurance programs
sponsored by the employee organization. The employee shall not be a member of
the employee organization but is entitled to all the representation rights of a
member of the employee organization.
(3)
Upon filing with the employer the written authorization of a bargaining unit
employee under this chapter, the employee organization that is the exclusive
bargaining representative of the bargaining unit shall have the exclusive right
to have deducted from the salary of the employee an amount equal to the fees
and dues uniformly required as a condition of acquiring or retaining membership
in the employee organization. The fees and dues shall be deducted each pay
period from the pay of all employees who have given authorization for the
deduction and shall be transmitted by the employer as provided for by agreement
between the employer and the employee organization.
(4)
Employee organizations that before the effective date of this section were
entitled to the benefits of this section shall continue to be entitled to these
benefits.
NEW
SECTION. Sec. 312.
UNFAIR LABOR PRACTICES ENUMERATED. (1) It is an unfair labor practice for an
employer:
(a)
To interfere with, restrain, or coerce employees in the exercise of the rights
guaranteed by this chapter;
(b)
To dominate or interfere with the formation or administration of any employee
organization or contribute financial or other support to it: PROVIDED, That
subject to rules adopted by the commission, an employer shall not be prohibited
from permitting employees to confer with it or its representatives or agents
during working hours without loss of time or pay;
(c)
To encourage or discourage membership in any employee organization by
discrimination in regard to hire, tenure of employment, or any term or
condition of employment;
(d)
To discharge or discriminate otherwise against an employee because that
employee has filed charges or given testimony under this chapter;
(e)
To refuse to bargain collectively with the representatives of its employees.
(2)
It is an unfair labor practice for an employee organization:
(a)
To restrain or coerce an employee in the exercise of the rights guaranteed by
this chapter: PROVIDED, That this subsection shall not impair the right of an
employee organization to prescribe its own rules with respect to the
acquisition or retention of membership in the employee organization or to an
employer in the selection of its representatives for the purpose of bargaining
or the adjustment of grievances;
(b)
To cause or attempt to cause an employer to discriminate against an employee in
violation of subsection (1)(c) of this section;
(c)
To discriminate against an employee because that employee has filed charges or
given testimony under this chapter;
(d)
To refuse to bargain collectively with an employer.
(3)
The expressing of any views, arguments, or opinion, or the dissemination
thereof to the public, whether in written, printed, graphic, or visual form,
shall not constitute or be evidence of an unfair labor practice under this
chapter, if such expression contains no threat of reprisal or force or promise
of benefit.
NEW
SECTION. Sec. 313.
UNFAIR LABOR PRACTICE PROCEDURES. (1) The commission is empowered and directed
to prevent any unfair labor practice and to issue appropriate remedial orders:
PROVIDED, That a complaint shall not be processed for any unfair labor practice
occurring more than six months before the filing of the complaint with the
commission. This power shall not be affected or impaired by any means of
adjustment, mediation, or conciliation in labor disputes that have been or may
hereafter be established by law.
(2)
If the commission determines that any person has engaged in or is engaging in
an unfair labor practice, the commission shall issue and cause to be served
upon the person an order requiring the person to cease and desist from such
unfair labor practice, and to take such affirmative action as will effectuate
the purposes and policy of this chapter, such as the payment of damages and the
reinstatement of employees.
(3)
The commission may petition the superior court for the county in which the main
office of the employer is located or in which the person who has engaged or is
engaging in such unfair labor practice resides or transacts business, for the
enforcement of its order and for appropriate temporary relief.
NEW
SECTION. Sec. 314.
ENFORCEMENT OF COLLECTIVE BARGAINING AGREEMENTS. (1) For the purposes of
implementing final and binding arbitration under grievance procedures required
by section 304 of this act, the parties to a collective bargaining agreement
may agree on one or more permanent umpires to serve as arbitrator, or may agree
on any impartial person to serve as arbitrator, or may agree to select
arbitrators from any source available to them, including federal and private agencies,
in addition to the staff and list of arbitrators maintained by the commission.
If the parties cannot agree to the selection of an arbitrator, the commission
shall supply a list of names in accordance with the procedures established by
the commission.
(2)
An arbitrator may require any person to attend as a witness and to bring with
him or her any book, record, document, or other evidence. The fees for such
attendance shall be paid by the party requesting issuance of the subpoena and
shall be the same as the fees of witnesses in the superior court. Arbitrators
may administer oaths. Subpoenas shall issue and be signed by the arbitrator
and shall be served in the same manner as subpoenas to testify before a court
of record in this state. If any person so summoned to testify refuses or
neglects to obey such subpoena, upon petition authorized by the arbitrator, the
superior court may compel the attendance of the person before the arbitrator or
punish the person for contempt in the same manner provided for the attendance
of witnesses or the punishment of them in the courts of this state.
(3)
The arbitrator shall appoint a time and place for the hearing and notify the
parties thereof, and may adjourn the hearing from time to time as may be
necessary, and, on application of either party and for good cause, may postpone
the hearing to a time not extending beyond the date fixed by the collective
bargaining agreement for making the award. The arbitration award shall be in
writing and signed by the arbitrator. The arbitrator shall, promptly upon its
rendition, serve a true copy of the award on each of the parties or their
attorneys of record.
(4)
If a party to a collective bargaining agreement negotiated under this chapter
refuses to submit a grievance for arbitration, the other party to the
collective bargaining agreement may invoke the jurisdiction of the superior
court of Thurston county or of any county in which the labor dispute exists and
such court shall have jurisdiction to issue an order compelling arbitration.
Disputes concerning compliance with grievance procedures shall be reserved for
determination by the arbitrator. Arbitration shall be ordered if the grievance
states a claim that on its face is covered by the collective bargaining agreement.
Doubts as to the coverage of the arbitration clause shall be resolved in favor
of arbitration.
(5)
If a party to a collective bargaining agreement negotiated under this chapter
refuses to comply with the award of an arbitrator determining a grievance arising
under the collective bargaining agreement, the other party to the collective
bargaining agreement may invoke the jurisdiction of the superior court of
Thurston county or of any county in which the labor dispute exists and such
court shall have jurisdiction to issue an order enforcing the arbitration
award.
NEW
SECTION. Sec. 315. All
powers, duties, and functions of the department of personnel pertaining to
collective bargaining are transferred to the public employment relations
commission except mediation of grievances and contracts, arbitration of
grievances and contracts, and unfair labor practices, filed under a collective
bargaining agreement existing before the effective date of this section. Any
mediation, arbitration, or unfair labor practice issue filed between July 1,
2004, and July 1, 2005, under a collective bargaining agreement existing before
the effective date of this section, shall be resolved by the Washington
personnel resources board in accordance with the authorities, rules, and
procedures that were established under RCW 41.06.150(11) as it existed before
the effective date of this section.
NEW
SECTION. Sec. 316. All
reports, documents, surveys, books, records, files, papers, or written material
in the possession of the department of personnel pertaining to the powers,
functions, and duties transferred in section 315 of this act shall be delivered
to the custody of the public employment relations commission. All cabinets,
furniture, office equipment, motor vehicles, and other tangible property
employed by the department of personnel in carrying out the powers, functions,
and duties transferred in section 315 of this act shall be made available to
the public employment relations commission. All funds, credits, leases, and
other assets held in connection with the powers, functions, and duties
transferred in section 315 of this act shall be assigned to the public
employment relations commission.
Any
appropriations made to the department of personnel for carrying out the powers,
functions, and duties transferred in section 315 of this act shall be deleted
at the time that such powers, functions, and duties are transferred to the
public employment relations commission. All funding required to perform these
transferred powers, functions, and duties is to be provided by the public employment
relations commission once the transfers occur.
Whenever
any question arises as to the transfer of any personnel, funds, books,
documents, records, papers, files, equipment, or other tangible property used
or held in the exercise of the powers and the performance of the duties and
functions transferred, the director of financial management shall make a
determination as to the proper allocation and certify the same to the state
agencies concerned.
NEW
SECTION. Sec. 317. After
the effective date of this section, the director of personnel and the executive
director of the public employment relations commission shall meet and agree
upon a schedule for the transfer of department of personnel labor relation
employees and property to the commission. Whenever a question arises as to the
transfer of any personnel, funds, books, documents, records, papers, files,
equipment, or other tangible property used or held in the exercise of the
powers and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
NEW
SECTION. Sec. 318. All
business pending before the department of personnel pertaining to the powers,
functions, and duties transferred in section 315 of this act shall be continued
and acted upon by the public employment relations commission. All existing
contracts and obligations of the department of personnel, pertaining to
collective bargaining, shall remain in full force and shall be performed by the
public employment relations commission.
NEW
SECTION. Sec. 319. The
transfer of the powers, duties, functions, and personnel of the department of
personnel shall not affect the validity of any act performed before the
effective date of this section.
NEW
SECTION. Sec. 320. If
apportionments of budgeted funds are required because of the transfers directed
by sections 316 through 319 of this act, the director of financial management
shall certify the apportionments to the agencies affected, the state auditor,
and the state treasurer. Each of these shall make the appropriate transfer and
adjustments in funds and appropriation accounts and equipment records in
accordance with the certification.
NEW
SECTION. Sec. 321.
DEFINITIONS. Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1)
"Agency" means any agency as defined in RCW 41.06.020 and covered by
chapter 41.06 RCW.
(2)
"Collective bargaining" means the performance of the mutual
obligation of the representatives of the employer and the exclusive bargaining
representative to meet at reasonable times and to bargain in good faith in an
effort to reach agreement with respect to the subjects of bargaining specified
under section 303 of this act. The obligation to bargain does not compel
either party to agree to a proposal or to make a concession, except as
otherwise provided in this chapter.
(3)
"Commission" means the public employment relations commission.
(4)
"Confidential employee" means an employee who, in the regular course
of his or her duties, assists in a confidential capacity persons who formulate,
determine, and effectuate management policies with regard to labor relations or
who, in the regular course of his or her duties, has authorized access to
information relating to the effectuation or review of the employer's collective
bargaining policies, or who assists or aids a manager. "Confidential
employee" also includes employees who assist assistant attorneys general
who advise and represent managers or confidential employees in personnel or
labor relations matters, or who advise or represent the state in tort actions.
(5)
"Director" means the director of the public employment relations
commission.
(6)
"Employee" means any employee, including employees whose work has
ceased in connection with the pursuit of lawful activities protected by this
chapter, covered by chapter 41.06 RCW, except:
(a)
Employees covered for collective bargaining by chapter 41.56 RCW;
(b)
Confidential employees;
(c)
Members of the Washington management service;
(d)
Internal auditors in any agency; or
(e)
Any employee of the commission, the office of financial management, or the
department of personnel.
(7)
"Employee organization" means any organization, union, or association
in which employees participate and that exists for the purpose, in whole or in
part, of collective bargaining with employers.
(8)
"Employer" means the state of Washington.
(9)
"Exclusive bargaining representative" means any employee organization
that has been certified under this chapter as the representative of the
employees in an appropriate bargaining unit.
(10)
"Institutions of higher education" means the University of
Washington, Washington State University, Central Washington University, Eastern
Washington University, Western Washington University, The Evergreen State
College, and the various state community colleges.
(11)
"Labor dispute" means any controversy concerning terms, tenure, or
conditions of employment, or concerning the association or representation of
persons in negotiating, fixing, maintaining, changing, or seeking to arrange
terms or conditions of employment with respect to the subjects of bargaining
provided in this chapter, regardless of whether the disputants stand in the
proximate relation of employer and employee.
(12)
"Manager" means "manager" as defined in RCW 41.06.022.
(13)
"Supervisor" means an employee who has authority, in the interest of
the employer, to hire, transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, or to adjust employee grievances, or
effectively to recommend such action, if the exercise of the authority is not
of a merely routine nature but requires the consistent exercise of individual
judgment. However, no employee who is a member of the Washington management
service may be included in a collective bargaining unit established under this
section.
(14)
"Unfair labor practice" means any unfair labor practice listed in
section 312 of this act.
NEW
SECTION. Sec. 322.
OFFICE OF FINANCIAL MANAGEMENT'S LABOR RELATIONS SERVICE ACCOUNT. (1) The
office of financial management's labor relations service account is created in
the custody of the state treasurer to be used as a revolving fund for the
payment of labor relations services required for the negotiation of the
collective bargaining agreements entered into under this chapter. An amount
not to exceed one-tenth of one percent of the approved allotments of salaries
and wages for all bargaining unit positions in the classified service in each
of the agencies subject to this chapter, except the institutions of higher
education, shall be charged to the operations appropriations of each agency and
credited to the office of financial management's labor relations service
account as the allotments are approved pursuant to chapter 43.88 RCW. Subject
to the above limitations, the amount shall be charged against the allotments
pro rata, at a rate to be fixed by the director of financial management from
time to time. Payment for services rendered under this chapter shall be made
on a quarterly basis to the state treasurer and deposited into the office of
financial management's labor relations service account.
(2)
Moneys from the office of financial management's labor relations service
account shall be disbursed by the state treasurer by warrants on vouchers
authorized by the director of financial management or the director's designee.
An appropriation is not required.
PART
IV
MISCELLANEOUS
NEW
SECTION. Sec. 401. The
following acts or parts of acts are each repealed:
(1) RCW
41.06.163 (Comprehensive salary and fringe benefit survey plan
required--Contents) and 1993 c 281 s 30, 1987 c 185 s 9, 1986 c 158 s 6, 1979 c
151 s 59, & 1977 ex.s. c 152 s 3; and
(2) RCW
41.06.165 (Salary surveys--Criteria) and 1977 ex.s. c 152 s 4.
NEW
SECTION. Sec. 402. The
following acts or parts of acts, as now existing or hereafter amended, are each
repealed:
(1) RCW
41.06.140 (Employee participation in policy and rule making,
administration, etc.--Publication of board rules) and 1961 c 1 s 14;
(2) RCW
41.50.804 (Existing collective bargaining agreements not
affected) and 2002 c . . . s 228 (section 228 of this act), 1993 c
281 s 40, & 1975-'76 2nd ex.s. c 105 s 17; and
(3) RCW 41.06.520
(Administration, management of institutions of higher education--Rules--Audit
and review by board) and 1993 c 281 s 11.
NEW
SECTION. Sec. 403. The
following acts or parts of acts, as now existing or hereafter amended, are each
repealed:
(1) RCW
41.06.380 (Purchasing services by contract not
prohibited--Limitations) and 1979 ex.s. c 46 s 2;
(2) RCW
41.06.382 (Purchasing services by contract not
prohibited--Limitations) and 1979 ex.s. c 46 s 1;
(3) RCW
41.56.023 (Application of chapter to employees of institutions of
higher education) and 1993 c 379 s 301;
(4) RCW
41.56.201 (Employees of institutions of higher education--Option
to have relationship and obligations governed by chapter) and 2000 c 19 s 2
& 1993 c 379 s 304; and
(5) RCW
28B.16.015 (Option to have relationship and obligations governed
by chapter 41.56 RCW) and 1993 c 379 s 310.
NEW
SECTION. Sec. 404. The
following acts or parts of acts, as now existing or hereafter amended, are each
repealed:
(1) RCW
41.64.010 (Personnel appeals
board--Created--Membership--Definitions) and 1981 c 311 s 1;
(2) RCW
41.64.020 (Removal of members--Hearing) and 1981 c 311 s 3;
(3) RCW
41.64.030 (Compensation of members--Travel expenses--Disclosure
of financial affairs) and 1984 c 287 s 73, 1984 c 34 s 4, & 1981 c 311 s 4;
(4) RCW
41.64.040 (Election of chairperson--Biennial meetings) and 1981 c
311 s 5;
(5) RCW
41.64.050 (Executive secretary--Appointment of assistants) and
1981 c 311 s 6;
(6) RCW
41.64.060 (Location of principal office--Hearings--Procedure) and
1981 c 311 s 7;
(7) RCW 41.64.070
(Journal of official actions) and 1981 c 311 s 8;
(8) RCW
41.64.080 (Employee appeals--Hearings examiners) and 1981 c 311 s
9;
(9) RCW
41.64.090 (Employee appeals--Jurisdiction) and 1993 c 281 s 41
& 1981 c 311 s 10;
(10) RCW
41.64.100 (Employee appeals--Hearing--Decision to be rendered
within ninety days, exceptions) and 1997 c 386 s 43 & 1981 c 311 s 11;
(11) RCW
41.64.110 (Employee appeals--Hearing--Procedure--Official record)
and 1985 c 461 s 7 & 1981 c 311 s 12;
(12) RCW
41.64.120 (Employee appeals--Findings of fact, conclusions of
law, order--Notice to employee and employing agency) and 1981 c 311 s 13;
(13) RCW
41.64.130 (Employee appeals--Review by superior
court--Grounds--Notice, service--Certified transcript) and 1981 c 311 s 14;
(14) RCW
41.64.140 (Employee appeals--Review by superior
court--Procedure--Appellate review) and 1988 c 202 s 42 & 1981 c 311 s 15;
and
(15) RCW
41.64.910 (Severability--1981 c 311) and 1981 c 311 s 24.
NEW
SECTION. Sec. 405.
SECTION CAPTIONS. Part headings and section captions used in this act do not
constitute part of the law.
NEW
SECTION. Sec. 406.
Sections 301 through 322 of this act constitute a new chapter in Title 41 RCW.
NEW
SECTION. Sec. 407. The
governor shall take such action as is necessary to ensure that sections 301
through 314 of this act are implemented on their effective dates.
NEW
SECTION. Sec. 408. Until
July 1, 2004, the public employment relations commission is authorized to
contract with the department of personnel for labor relations staffing
necessary to carry out its functions.
NEW
SECTION. Sec. 409. (1)
Notwithstanding the provisions of section 301 of this act, the parties to
collective bargaining to be conducted under sections 301 through 314 of this
act shall meet by September 1, 2003, to identify those payroll-related
bargaining issues that affect the capacity of the central state payroll system,
as determined by the department of personnel. The parties shall agree on which
bargaining issues will be bargained in a coalition of employee representatives
and will be agreed to uniformly in each collective bargaining agreement. This
agreement is effective only for collective bargaining agreements entered into
for implementation during the 2005-2007 biennium. The purpose of the agreement
is to minimize the risk to the payroll system resulting from agreements reached
in the first round of collective bargaining under this act.
(2)
This section expires June 30, 2007.
NEW
SECTION. Sec. 410. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW
SECTION. Sec. 411. (1)
Sections 203, 204, 213 through 223, 227, 229 through 231, 241, 243, 246, 248,
301 through 307, 309 through 316, 318, 319, and 402 of this act take effect
July 1, 2004.
(2)
Section 224 of this act takes effect March 15, 2005.
(3)
Sections 208, 234 through 238, and 403 of this act take effect July 1, 2005.
(4)
Sections 225, 226, 233, and 404 of this act take effect July 1, 2006.
NEW
SECTION. Sec. 412.
Section 230 of this act expires June 30, 2015.
