(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:
(a) The reduction, dismissal, suspension, or demotion of an
employee;
(b) Training and career development;
(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;
(d) Transfers;
(e) Promotional preferences;
(f) Sick leaves and vacations;
(g) Hours of work;
(h) Layoffs when necessary and subsequent reemployment,
except for the financial basis for layoffs;
(i) The number of names to be certified for vacancies;
(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;
(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. For the twelve months
following February 18, 2009, a salary or wage increase shall not
be granted to any exempt position under this chapter;
(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;
(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.
[2009 c 534 § 2; 2009 c 5 § 2; 2002 c 354 § 204.]
NOTES:
Reviser's note: This section was amended by 2009 c 5 § 2 and by 2009 c 534 § 2, each without reference to the other. Both 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).
Finding -- Intent -- 2009 c 534: "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." [2009 c 534 § 1.]
Effective date -- 2009 c 5: See note following RCW 41.06.070.
Short title -- Headings, captions not law -- Severability -- Effective dates -- 2002 c 354: See RCW 41.80.907 through 41.80.910.