(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 agricultural commissions
formed under chapter 15.65 RCW;
(u) Officers and employees of the nonprofit corporation
formed under chapter 67.40 RCW;
(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;
(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;
(x) All employees of the marine employees' commission;
(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);
(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) 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;
(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 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 director of personnel stating the reasons for
requesting such exemptions. The director of personnel shall hold
a public hearing, after proper notice, on requests submitted
pursuant to this subsection. If the 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 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 (u) and (x) and (2) of this
section, shall be determined by the director of personnel. 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.
[2002 c 354 § 209; 1998 c 245 § 40. Prior: 1996 c 319 § 3; 1996 c 288 § 33; 1996 c 186 § 109; 1995 c 163 § 1; 1994 c 264 § 13; prior: 1993 sp.s. c 2 § 15; 1993 c 379 § 306; 1993 c 281 § 21; 1990 c 60 § 101; 1989 c 96 § 8; 1987 c 389 § 2; 1985 c 221 § 1; 1984 c 210 § 2; 1983 c 15 § 21; 1982 1st ex.s. c 53 § 2; 1981 c 225 § 2; 1980 c 87 § 14; 1973 1st ex.s. c 133 § 1; 1972 ex.s. c 11 § 1; prior: 1971 ex.s. c 209 § 1; 1971 ex.s. c 59 § 1; 1971 c 81 § 100; 1969 ex.s. c 36 § 23; 1967 ex.s. c 8 § 47; 1961 c 179 § 1; 1961 c 1 § 7 (Initiative Measure No. 207, approved November 8, 1960).]
NOTES:
*Reviser's note: The "Washington state apple advertising commission" was renamed the "Washington apple commission" by 2002 c 313 § 115.
Short title -- Headings, captions not law -- Severability -- 2002 c 354: See RCW 41.80.907 through 41.80.909.
Findings -- Intent -- Part headings not law -- Effective date -- 1996 c 186: See notes following RCW 43.330.904.
Effective date -- 1995 c 163: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 1, 1995]." [1995 c 163 § 2.]
Effective date -- 1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW 43.300.900.
Severability -- 1993 sp.s. c 2: See RCW 43.300.901.
Intent -- Severability--Effective date--1993 c 379: See notes following RCW 28B.10.029.
Effective date -- 1993 c 281: See note following RCW 41.06.022.
Severability -- 1990 c 60: "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." [1990 c 60 § 403.]
Subheadings not law -- 1990 c 60: "Subheadings as used in this act do not constitute any part of the law." [1990 c 60 § 401.]
Severability -- 1987 c 389: "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." [1987 c 389 § 8.]
Effective date -- 1987 c 389: "This 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 June 30, 1987." [1987 c 389 § 9.]
Savings -- Severability -- 1984 c 210: See notes following RCW 67.40.020.
Severability -- 1983 c 15: See RCW 47.64.910.
Severability -- 1982 1st ex.s. c 53: See note following RCW 41.06.020.
Severability -- 1967 ex.s. c 8: See RCW 28B.50.910.
County road administration board: RCW 36.78.060.
State agencies and departments -- Certain personnel exempted from
chapter
basic health plan: RCW 70.47.040.
board of health: RCW 43.20.030.
caseload forecast supervisor and staff: RCW 41.06.087.
center for volunteerism and citizen service: RCW 43.150.040.
Columbia River Gorge commission: RCW 43.97.015.
commission on judicial conduct: RCW 2.64.050.
council for children and families: RCW 43.121.040.
department of
agriculture: RCW 41.06.084.
corrections: RCW 41.06.071.
ecology: RCW 41.06.073, 43.21A.100.
general administration, supervisor of motor transport:
RCW 43.19.585.
health: RCW 43.70.020.
information services: RCW 41.06.094.
retirement systems: RCW 41.50.070.
services for the blind: RCW 74.18.050.
social and health services: RCW 43.20A.090.
transportation: RCW 41.06.079, 47.01.081.
veterans affairs: RCW 41.06.077.
economic and revenue forecast supervisor and staff: RCW 41.06.087.
gambling commission: RCW 9.46.080.
law revision commission: RCW 41.06.083.
office of
administrative hearings: RCW 34.12.030.
financial management: RCW 41.06.075, 43.41.080.
minority and women's business enterprises: RCW 39.19.030.
state actuary: RCW 44.44.030.
state convention and trade center: RCW 67.40.020.
state internship program: RCW 41.06.088.
state investment board: RCW 43.33A.100.
state lottery commission: RCW 67.70.050.
state school directors' association: RCW 41.06.086.
state treasurer: RCW 43.08.120.
state veterinarian: RCW 41.06.084.
superintendent of public instruction: RCW 28A.300.020.
Washington conservation corps: RCW 43.220.070.
Washington service corps: RCW 50.65.110.
Washington state patrol, drug control assistance unit: RCW 43.43.640.
world fair commission: RCW 41.06.085.
youth development and conservation corps: RCW 79A.05.520.