(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 as follows:
(i) Entry level state park rangers shall serve a
probationary period of twelve months; and
(ii) 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 director
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;
(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) Subject to RCW 41.04.820, 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. From February 18, 2009,
through June 30, 2013, a salary or wage increase shall not be
granted to any exempt position under this chapter, except that a
salary or wage increase may be granted to employees pursuant to
collective bargaining agreements negotiated under chapter 28B.52, 41.56, 47.64, or 41.76 RCW, and except that increases may be
granted for positions for which the employer has demonstrated
difficulty retaining qualified employees if the following
conditions are met:
(i) The salary increase can be paid within existing
resources;
(ii) The salary increase will not adversely impact the
provision of client services; and
(iii) For any state agency of the executive branch, not
including institutions of higher education, the salary increase
is approved by the director of the office of financial
management;
Any agency granting a salary increase from February 15,
2010, through June 30, 2011, to a position exempt under this
chapter shall submit a report to the fiscal committees of the
legislature no later than July 31, 2011, detailing the positions
for which salary increases were granted, the size of the
increases, and the reasons for giving the increases;
Any agency granting a salary increase from July 1, 2011,
through June 30, 2013, to a position exempt under this chapter
shall submit a report to the fiscal committees of the legislature
by July 31, 2012, and July 31, 2013, detailing the positions for
which salary increases were granted during the preceding fiscal
year, the size of the increases, and the reasons for giving the
increases;
(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 office of financial
management's agency web site.
(5) From February 15, 2010, until June 30, 2013, no monetary
performance-based awards or incentives may be granted by the
director or employers to employees covered by rules adopted under
this section. This subsection does not prohibit the payment of
awards provided for in chapter 41.60 RCW.
From July 1, 2011, until June 30, 2013, no performance-based
awards or incentives may be granted by the director or employers
to employees pursuant to a performance management confirmation
granted by the department of personnel under WAC 357-37-055.
[2011 1st sp.s. c 43 § 407; 2011 1st sp.s. c 39 § 5. Prior: 2010 c 2 § 3; 2010 c 1 § 2; prior: 2009 c 534 § 2; 2009 c 5 § 2; 2002 c 354 § 204.]
NOTES:
Reviser's note: This section was amended by 2011 1st sp.s. c 39 § 5 and by 2011 1st sp.s. c 43 § 407, 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).
Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date -- 2011 1st sp.s. c 39: See note following RCW 41.04.820.
Findings -- Effective date -- 2010 c 2: See notes following RCW 41.06.070.
Effective date -- 2010 c 1: See note following RCW 41.06.070.
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.