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 as follows:
(a) Entry level state park rangers shall serve a
probationary period of twelve months;
(b) The probationary period of campus police officer
appointees who are required to attend the Washington state
criminal justice training commission basic law enforcement
academy shall extend from the date of appointment until twelve
months from the date of successful completion of the basic law
enforcement academy, or twelve months from the date of
appointment if academy training is not required. The board shall
adopt rules to ensure that employees promoting to campus police
officer who are required to attend the Washington state criminal
justice training commission basic law enforcement academy shall
have the trial service period extend from the date of appointment
until twelve months from the date of successful completion of the
basic law enforcement academy, or twelve months from the date of
appointment if academy training is not required;
(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, 2004, covering employees subject
to RCW 41.80.001 and 41.80.010 through 41.80.130, 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 RCW 41.80.001 and 41.80.010 through 41.80.130. 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 RCW 41.80.001 and 41.80.010 through 41.80.130;
(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) 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) 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;
(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;
(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.
Notwithstanding this section and rules of the board adopted
under this section, agencies may place employees on temporary
unpaid leave during the 2001-2003 fiscal biennium for the purpose
of implementing appropriations reductions enacted in the 2002
supplemental appropriations act. Mandatory unpaid leave must be
approved by the agency director, and must be, to the greatest
extent possible, mutually agreeable to the employee and employer.
Employees taking mandatory temporary unpaid leave will not lose
seniority, leave accrual, or health insurance benefits.
[2002 c 371 § 906; 2002 c 354 § 202; 2002 c 110 § 1; 1999 c 297 § 3; 1996 c 319 § 2; 1995 2nd sp.s. c 18 § 911. Prior: 1993 sp.s. c 24 § 913; 1993 c 281 § 27; 1990 c 60 § 103; prior: 1985 c 461 § 2; 1985 c 365 § 5; 1983 1st ex.s. c 75 § 5; 1982 1st ex.s. c 53 § 4; prior: 1982 c 79 § 1; 1981 c 311 § 18; 1980 c 118 § 3; 1979 c 151 § 57; 1977 ex.s. c 152 § 1; 1973 1st ex.s. c 75 § 1; 1973 c 154 § 1; 1971 ex.s. c 19 § 2; 1967 ex.s. c 108 § 13; 1961 c 1 § 15 (Initiative Measure No. 207, approved November 8, 1960).]
NOTES:
Reviser's note: This section was amended by 2002 c 110 § 1, 2002 c 354 § 202, and by 2002 c 371 § 906, each without reference to the other. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability -- Effective date -- 2002 c 371: See notes following RCW 9.46.100.
Short title -- Headings, captions not law -- Severability -- 2002 c 354: See RCW 41.80.907 through 41.80.909.
Findings -- 1999 c 297: See note following RCW 43.03.125.
Severability -- Effective date -- 1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Severability -- Effective dates -- 1993 sp.s. c 24: See notes following RCW 28A.310.020.
Effective date -- 1993 c 281: See note following RCW 41.06.022.
Severability -- Subheadings not law -- 1990 c 60: See notes following RCW 41.06.070.
Severability -- 1985 c 461: See note following RCW 41.06.020.
Severability -- 1982 1st ex.s. c 53: See note following RCW 41.06.020.
Severability -- 1980 c 118: See note following RCW 41.06.010.
Severability -- 1977 ex.s. c 152: "If any provision of this 1977 amendatory 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." [1977 ex.s. c 152 § 14.]
Effective date -- 1973 1st ex.s. c 75: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect midnight June 6, 1973." [1973 1st ex.s. c 75 § 3.]
Leave for public employees
military: RCW 38.40.060.
vacation: RCW 43.01.040.
Public employees' collective bargaining: Chapter 41.56 RCW.RCW 41.06.150
Rules of director -- Mandatory
subjects -- Personnel administration (as amended by 2002 c 354).
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;)) Certification of names for vacancies((
(2), 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;)) (4) Adoption and revision of a comprehensive
classification plan, in accordance with rules adopted by the
board under RCW 41.06.136, 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.
(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)
(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;)) (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 ((
(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)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.
[2002 c 354 § 203; 2002 c 354 § 202; 1999 c 297 § 3; 1996 c 319 § 2; 1995 2nd sp.s. c 18 § 911. Prior: 1993 sp.s. c 24 § 913; 1993 c 281 § 27; 1990 c 60 § 103; prior: 1985 c 461 § 2; 1985 c 365 § 5; 1983 1st ex.s. c 75 § 5; 1982 1st ex.s. c 53 § 4; prior: 1982 c 79 § 1; 1981 c 311 § 18; 1980 c 118 § 3; 1979 c 151 § 57; 1977 ex.s. c 152 § 1; 1973 1st ex.s. c 75 § 1; 1973 c 154 § 1; 1971 ex.s. c 19 § 2; 1967 ex.s. c 108 § 13; 1961 c 1 § 15 (Initiative Measure No. 207, approved November 8, 1960).]
NOTES:
Short title -- Headings, captions not law -- Severability -- Effective dates -- 2002 c 354: See RCW 41.80.907 through 41.80.910.
Findings -- 1999 c 297: See note following RCW 43.03.125.
Severability -- Effective date -- 1995 2nd sp.s. c 18: See notes following RCW 19.118.110.
Severability -- Effective dates -- 1993 sp.s. c 24: See notes following RCW 28A.310.020.
Effective date -- 1993 c 281: See note following RCW 41.06.022.
Severability -- Subheadings not law -- 1990 c 60: See notes following RCW 41.06.070.
Severability -- 1985 c 461: See note following RCW 41.06.020.
Severability -- 1982 1st ex.s. c 53: See note following RCW 41.06.020.
Severability -- 1980 c 118: See note following RCW 41.06.010.
Severability -- 1977 ex.s. c 152: "If any provision of this 1977 amendatory 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." [1977 ex.s. c 152 § 14.]
Effective date -- 1973 1st ex.s. c 75: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect midnight June 6, 1973." [1973 1st ex.s. c 75 § 3.]
Leave for public employees
military: RCW 38.40.060.
vacation: RCW 43.01.040.
Public employees' collective bargaining: Chapter 41.56 RCW.