H-1292              _______________________________________________

                                                    HOUSE BILL NO. 893

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State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Belcher, Unsoeld, Sayan, Brough, Sanders, Walker and Amondson

Read first time 2/13/87 and referred to Committee on State Government.

AN ACT Relating to providing constitutional protections to employees of the state of Washington; adding a new section to chapter 41.06 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 41.06 RCW to read as follows:

          No state agency under this chapter may place any untrue information in a state employee's file, records, and/or performance evaluations.  In cases in which information regarding an employee is in dispute, an impartial arbitrator shall be appointed by the director of personnel to decide the dispute.  In such cases, the rules of evidence and due process apply.  The burden of proof that the allegation is true rests with the agency.  If the arbitrator finds that information has been included that is not true, that information shall be expunged from the file.  The personnel appeals board shall have jurisdiction to hear appeals of arbitrators' decisions in all such disputes.

NEW SECTION. Sec. 2.     The state personnel board shall adopt such rules as are necessary to implement section 1 of this act.