ESHB 2049 -
By Committee on Labor, Commerce & Consumer Protection
ADOPTED 04/15/2009
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that information
technologies have substantially altered the roles and responsibilities
of employees in many state agencies since the creation of the
Washington management service. With the understanding that the current
economic crisis dictates finding every possible efficiency, the
legislature intends to review the state's senior management and exempt
services and understands that possible refinements in the service are
needed. A review, in consultation with the various stakeholders and in
light of current best practices, is warranted.
Sec. 2 RCW 41.06.133 and 2002 c 354 s 204 are each amended to
read as follows:
(1) 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))) (a) The reduction, dismissal, suspension, or demotion of an
employee;
(((2))) (b) Training and career development;
(((3))) (c) 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))) (d) Transfers;
(((5))) (e) Promotional preferences;
(((6))) (f) Sick leaves and vacations;
(((7))) (g) Hours of work;
(((8))) (h) Layoffs when necessary and subsequent reemployment,
except for the financial basis for layoffs;
(((9))) (i) The number of names to be certified for vacancies;
(((10))) (j) 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))) (k) 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))) (l) 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))) (m) 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.
(2) 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.
(3) Rules adopted by the director under this section may be
superseded by the provisions of a collective bargaining agreement
negotiated under RCW 41.80.001 and 41.80.010 through 41.80.130. The
supersession of such rules shall only affect employees in the
respective collective bargaining units.
(4)(a) The director shall require that each state agency report
annually the following data:
(i) The number of classified, Washington management service, and
exempt employees in the agency and the change compared to the previous
report;
(ii) The number of bonuses and performance-based incentives awarded
to agency staff and the base wages of such employees; and
(iii) The cost of each bonus or incentive awarded.
(b) A report that compiles the data in (a) of this subsection for
all agencies will be provided annually to the governor and the
appropriate committees of the legislature and must be posted for the
public on the department of personnel's agency web site.
Sec. 3 RCW 41.06.170 and 2002 c 354 s 213 are each amended to
read as follows:
(1) The 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 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 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, 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, 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. If the position being exempted is vacant, the
exclusive bargaining unit representative may act in lieu of an employee
for the purposes of appeal.
(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
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 RCW 41.80.001 and 41.80.010 through
41.80.130."
ESHB 2049 -
By Committee on Labor, Commerce & Consumer Protection
ADOPTED 04/15/2009
On page 1, line 1 of the title, after "employment;" strike the remainder of the title and insert "amending RCW 41.06.133 and 41.06.170; and creating a new section."