RCW ch. 41.06 — Revised Code of Washington Chapter 41.06 RCW — State Civil Service Law

RCW 41.06.010 Declaration of purpose. The general purpose of this chapter is to establish for the state a system of personnel administration based on merit principles and scientific methods governing the appointment, promotion, transfer, layoff, recruitment, retention, classification and pay plan, removal, discipline, training and career development, and welfare of its civil employees, and other incidents of state employment. All appointments and promotions to positions, and retention therein, in the state service, shall be made on the basis of policies hereinafter specified. [ 1980 c 118 s 1; 1961 c 1 s 1 (Initiative Measure No. 207, approved November 8, 1960).] NOTES: Severability— RCW 41.06.020 Definitions. Unless the context clearly indicates otherwise, the words used in this chapter have the meaning given in this section. (1) "Affirmative action" means a procedure by which racial minorities, women, persons in the protected age category, persons with disabilities, Vietnam-era veterans, and disabled veterans are provided with increased employment opportunities. It shall not mean any sort of quota system. (2) "Agency" means an office, department, board, commission, or other separate unit or division, however designated, of the state government and all personnel thereof; it includes any unit of state government established by law, the executive officer or members of which are either elected or appointed, upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature. "Agency" does not include a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930 that is operated in conformance with RCW 28B.10.930. (3) "Board" means the Washington personnel resources board established under the provisions of RCW 41.06.110, except that this definition does not apply to the words "board" or "boards" when used in RCW 41.06.070. (4) "Career development" means the progressive development of employee capabilities to facilitate productivity, job satisfaction, and upward mobility through work assignments as well as education and training that are both state-sponsored and are achieved by individual employee efforts, all of which shall be consistent with the needs and obligations of the state and its agencies. (5) "Classified service" means all positions in the state service subject to the provisions of this chapter. (6) "Comparable worth" means the provision of similar salaries for positions that require or impose similar responsibilities, judgments, knowledge, skills, and working conditions. (7) "Competitive service" means all positions in the classified service for which a competitive examination is required as a condition precedent to appointment. (8) "Department" means an agency of government that has as its governing officer a person, or combination of persons such as a commission, board, or council, by law empowered to operate the agency responsible either to (a) no other public officer or (b) the governor. (9) "Director" means the director of financial management or the director's designee. (10) "Institutions of higher education" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, and the various state community colleges. (11) "Noncompetitive service" means all positions in the classified service for which a competitive examination is not required. (12) "Related boards" means the state board for community and technical colleges; and such other boards, councils, and commissions related to higher education as may be established. (13) "Training" means activities designed to develop job-related knowledge and skills of employees. [ 2022 c 71 s 13; 2015 3rd sp.s. c 1 s 314. Prior: 2011 1st sp.s. c 43 s 401; 1993 c 281 s 19; prior: 1985 c 461 s 1; 1985 c 365 s 3; 1983 1st ex.s. c 75 s 4; 1982 1st ex.s. c 53 s 1; 1980 c 118 s 2; 1970 ex.s. c 12 s 1; prior: 1969 ex.s. c 36 s 21; 1969 c 45 s 6; 1967 ex.s. c 8 s 48; 1961 c 1 s 2 (Initiative Measure No. 207, approved November 8, 1960).] NOTES: Findings— RCW 41.06.022 "Manager"—Definition. For purposes of this chapter, "manager" means any employee who: (1) Formulates statewide policy or directs the work of an agency or agency subdivision; (2) Is responsible to administer one or more statewide policies or programs of an agency or agency subdivision; (3) Manages, administers, and controls a local branch office of an agency or agency subdivision, including the physical, financial, or personnel resources; (4) Has substantial responsibility in personnel administration, legislative relations, public information, or the preparation and administration of budgets; or (5) Functionally is above the first level of supervision and exercises authority that is not merely routine or clerical in nature and requires the consistent use of independent judgment. Members of the Washington management service may be included in a collective bargaining unit established under chapter 41.80 RCW, except as provided in RCW 41.80.430. [ 2023 c 136 s 1; 2002 c 354 s 207; 1993 c 281 s 8.] NOTES: Effective date— RCW 41.06.040 Scope of chapter. The provisions of this chapter apply to: (1) Each board, commission or other multimember body, including, but not limited to, those consisting in whole or in part of elective officers; (2) Each agency, and each employee and position therein, not expressly excluded or exempted under the provisions of RCW 41.06.070 or otherwise excluded or exempted in this chapter. [ 2021 c 323 s 25; 1969 ex.s. c 36 s 22; 1961 c 1 s 4 (Initiative Measure No. 207, approved November 8, 1960).] RCW 41.06.070 Exemptions to chapter—Right of reversion. (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, and temporary employees, and part-time professional consultants, as defined by the director; (m) Officers and employees of the Washington state fruit commission; (n) Officers and employees of the Washington apple commission; (o) Officers and employees of the Washington state dairy products commission; (p) Officers and employees of the Washington tree fruit research commission; (q) Officers and employees of the Washington state beef commission; (r) Officers and employees of the Washington grain 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) 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; (v) 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; (w) Staff employed by the department of commerce to administer energy policy functions; (x) The manager of the energy facility site evaluation council; (y) A maximum of ten staff employed by the department of commerce to administer innovation and policy functions, including the three principal policy assistants exempted under (v) of this subsection; (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); (aa) Officers and employees of Washington technology solutions created in RCW 43.105.006 that perform the following functions or duties: Systems integration; data center engineering and management; network systems engineering and management; information technology contracting; and information technology customer relations management; (bb) The executive director of the Washington statewide reentry council. (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 may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the office of financial management stating the reasons for requesting such exemptions. The director 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, or is a senior expert in enterprise information technology infrastructure, engineering, or systems, the director shall grant the request. 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. (4) 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 (t) and (2) of this section, shall be determined by the director. 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. (5)(a) 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. (b) 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. (c) 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. (6)(a) Notwithstanding the provisions of subsection (5) of this section, a person cannot exercise the right of reversion to a classified position if the employee has been given written notice that they are the subject of an active workplace investigation in which the allegations being investigated, if founded, could result in a finding of gross misconduct or malfeasance. The right of reversion is suspended during the pendency of the investigation. For the purposes of this subsection, written notice includes notice sent by email to the employee's work email address. (b) The office of financial management must adopt rules implementing this section. [ 2026 c 89 s 1; 2024 c 54 s 35; 2023 c 148 s 3; 2019 c 146 s 3; 2018 c 246 s 1; 2016 c 188 s 11. Prior: 2011 1st sp.s. c 43 s 1010; 2011 1st sp.s. c 39 s 4; 2011 1st sp.s. c 16 s 22; prior: 2010 c 271 s 801; 2010 c 2 s 2; 2010 c 1 s 1; prior: 2009 c 33 s 36; 2009 c 5 s 1; 2002 c 354 s 209; 1998 c 245 s 40; prior: 1996 c 319 s 3; 1996 c 288 s 33; 1996 c 186 s 109; 1995 c 163 s 1; 1994 c 264 s 13; prior: 1993 sp.s. c 2 s 15; 1993 c 379 s 306; 1993 c 281 s 21; 1990 c 60 s 101; 1989 c 96 s 8; 1987 c 389 s 2; 1985 c 221 s 1; 1984 c 210 s 2; 1983 c 15 s 21; 1982 1st ex.s. c 53 s 2; 1981 c 225 s 2; 1980 c 87 s 14; 1973 1st ex.s. c 133 s 1; 1972 ex.s. c 11 s 1; prior: 1971 ex.s. c 209 s 1; 1971 ex.s. c 59 s 1; 1971 c 81 s 100; 1969 ex.s. c 36 s 23; 1967 ex.s. c 8 s 47; 1961 c 179 s 1; 1961 c 1 s 7 (Initiative Measure No. 207, approved November 8, 1960).] NOTES: Effective date— RCW 41.06.071 Department of corrections—Certain personnel exempted from chapter. In addition to the exemptions provided under RCW 41.06.070, the provisions of this chapter shall not apply in the department of corrections to the secretary, the secretary's personal secretary, the deputy secretaries and their personal secretaries, all assistant deputy secretaries and their personal secretaries, all regional administrators and program administrators, all facility superintendents and associate superintendents for facilities with a resident capacity of fifty or more, and all management and sales staff of correctional industries. [ 1999 c 122 s 1; 1989 c 185 s 1; 1983 c 175 s 1; 1981 c 136 s 28.] NOTES: Effective date— RCW 41.06.072 Department of commerce—Certain personnel exempted from chapter. In addition to the exemptions set forth in this chapter, this chapter shall not apply within the department of commerce to the director, one confidential secretary, the deputy directors, all assistant directors, the state historic preservation officer, and up to two professional staff members within the emergency management program. [ 2023 c 470 s 2032; 1995 c 399 s 59; 1986 c 266 s 8.] NOTES: Explanatory statement— RCW 41.06.073 Department of ecology—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of ecology to the director, his or her confidential secretary, his or her deputy director, and not to exceed six assistant directors. [ 2012 c 117 s 8; 1970 ex.s. c 62 s 11.] NOTES: Savings— RCW 41.06.074 Department of health—Certain personnel exempted from chapter. In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the department of health to any deputy secretary, assistant secretary, or person who administers the necessary divisions, offices, bureaus, and programs and five additional positions involved in policy or program direction. [ 1989 1st ex.s. c 9 s 813.] NOTES: Effective date— RCW 41.06.075 Office of financial management—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the office of financial management to the director, his or her confidential secretary, not to exceed two deputy directors and not to exceed seven assistant directors. [ 2012 c 117 s 9; 1979 c 151 s 56; 1969 ex.s. c 239 s 7.] NOTES: Office of financial management: Chapter 43.41 RCW. RCW 41.06.076 Department of social and health services—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of social and health services to the secretary, the secretary's executive assistant, the chief of staff and deputy chief of staff, assistant secretaries, deputy assistant secretaries, senior directors, division directors, assistant and deputy division directors, regional administrators, district managers, and executive officers and superintendents of institutions, and executive assistants supporting the officers named in this section. [ 2025 c 73 s 1; 2011 1st sp.s. c 43 s 402; 1997 c 386 s 1; 1993 c 281 s 22; 1980 c 73 s 1; 1970 ex.s. c 18 s 8.] NOTES: Effective date— RCW 41.06.077 Department of veterans affairs—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of veterans affairs to the director, the deputy director, no more than two assistant directors, administrators and directors of nursing services at each state veterans' home, a confidential secretary for the deputy director, and a confidential secretary for each assistant director. [ 2023 c 327 s 1; 2001 c 84 s 1; 1975-'76 2nd ex.s. c 115 s 7.] NOTES: RCW 41.06.079 Department of transportation—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of transportation to the secretary, a deputy secretary, an administrative assistant to the secretary, if any, one assistant secretary for each division designated pursuant to RCW 47.01.081, one confidential secretary for each of the above-named officers, up to six transportation district administrators and one confidential secretary for each district administrator, up to six additional new administrators or confidential secretaries designated by the secretary of the department of transportation and approved by the Washington personnel resources board pursuant to the provisions of RCW 41.06.070, the legislative liaison for the department, the state construction engineer, the state aid engineer, the personnel manager, the state project development engineer, the state maintenance and operations engineer, one confidential secretary for each of the last-named five positions, and a confidential secretary for the public affairs administrator. The individuals appointed under this section shall be exempt from the provisions of the state civil service law, and shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for individuals exempt from the operation of the state civil service law. [ 2002 c 354 s 239; 1993 c 281 s 23; 1985 c 178 s 1; 1977 ex.s. c 151 s 13.] NOTES: Short title— RCW 41.06.080 Human resource services available on request to certain governmental entities—Reimbursement. Notwithstanding the provisions of this chapter, the office of financial management and the department of enterprise services may make their human resource services available on request, on a reimbursable basis, to: (1) Either the legislative or the judicial branch of the state government; (2) Any county, city, town, or other municipal subdivision of the state; (3) The institutions of higher learning; (4) Any agency, class, or position set forth in RCW 41.06.070. [ 2011 1st sp.s. c 43 s 403; 1970 ex.s. c 12 s 2. Prior: 1969 ex.s. c 152 s 2; 1969 c 45 s 5; 1961 c 1 s 8 (Initiative Measure No. 207, approved November 8, 1960).] NOTES: Effective date— RCW 41.06.082 Office of minority and women's business enterprises—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, this chapter shall not apply in the office of minority and women's business enterprises to the director, the director's confidential secretary, and the deputy director. [ 1983 c 120 s 14.] NOTES: Effective date— RCW 41.06.083 Law revision commission—Personnel exempted from chapter. The provisions of this chapter do not apply to any position in or employee of the Washington law revision commission. [ 1982 c 183 s 10.] RCW 41.06.084 Department of agriculture—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the department of agriculture to the director, the director's confidential secretary, the deputy director, not more than eight assistant directors, the state veterinarian, and the milk pooling administrator employed under RCW 15.35.100. [ 1992 c 58 s 3; 1990 c 37 s 2; 1983 c 248 s 11.] RCW 41.06.085 World fair commission—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply to the executive director and one confidential secretary of the world fair commission created in chapter 177, Laws of 1983. [ 1983 c 177 s 6.] RCW 41.06.086 Washington state school directors' association—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply to officers and employees of the Washington state school directors' association. [ 1983 c 187 s 5.] NOTES: Effective date— RCW 41.06.087 Economic and revenue forecast supervisor and staff—Caseload forecast supervisor and staff—Exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, this chapter does not apply to the economic and revenue forecast supervisor and staff employed under RCW 82.33.010 or the caseload forecast supervisor and staff employed under RCW 43.88C.010. [ 1997 c 168 s 4; 1990 c 229 s 3; 1984 c 138 s 2.] NOTES: Effective date— RCW 41.06.088 State internship program—Positions exempt from chapter. This chapter does not apply to positions under the state internship program established under RCW 43.06.410. [ 1985 c 442 s 8.] NOTES: Construction— RCW 41.06.093 Washington state patrol—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter shall not apply in the Washington state patrol to confidential secretaries of agency bureau chiefs, or their functional equivalent, and a confidential secretary for the chief of staff. [ 2011 1st sp.s. c 43 s 404; 1993 c 281 s 24; 1990 c 14 s 1.] NOTES: Effective date— RCW 41.06.094 Washington technology solutions—Certain personnel exempted from chapter. In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in Washington technology solutions to the chief information officer, the chief information officer's confidential secretary, and assistant directors, and up to twelve positions in the planning component involved in policy development and/or senior professionals. [ 2024 c 54 s 36; 2015 c 225 s 54; 1987 c 504 s 7.] RCW 41.06.095 Office of archaeology and historic preservation—Certain personnel exempted from chapter. In addition to the exemptions under RCW 41.06.070, this chapter does not apply in the department of archaeology and historic preservation to the director, the director's personal secretary, the deputy director, all division directors and assistant directors, and one confidential secretary for each of these officers. [ 2005 c 333 s 9.] RCW 41.06.096 Life sciences discovery fund authority—Personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, this chapter does not apply to employees of the life sciences discovery fund authority under *chapter 43.350 RCW. [ 2005 c 424 s 14.] NOTES: *Reviser's note: RCW 41.06.097 Department of children, youth, and families—Certain personnel exempted from chapter. In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the department of children, youth, and families to the secretary, the secretary's personal secretary, and any other exempt staff members provided for in RCW 43.216.025(2). [ 2018 c 58 s 6; 2006 c 265 s 110.] NOTES: Effective date— RCW 41.06.0971 Department of children, youth, and families—Certain personnel exempted from chapter. In addition to the exemptions under RCW 41.06.070, this chapter does not apply in the department of children, youth, and families to the secretary; the secretary's confidential secretary; deputy, assistant, and regional secretaries, one confidential secretary for each of the aforesaid officers; and any other exempt staff members provided for in chapter 6, Laws of 2017 3rd sp. sess. [ 2017 3rd sp.s. c 6 s 105.] NOTES: Effective date— RCW 41.06.098 Puget Sound partnership—Certain personnel exempted from chapter. In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the Puget Sound partnership to the executive director, to one confidential secretary, and to all professional staff. [ 2007 c 341 s 45.] NOTES: Effective date— RCW 41.06.099 Department of enterprise services—Certain personnel exempted from chapter. In addition to the exemptions under RCW 41.06.070, this chapter does not apply in the department of enterprise services to the director, the director's confidential secretary, deputy and assistant directors, and any other exempt staff members provided for in RCW 43.19.008. [ 2011 1st sp.s. c 43 s 106.] NOTES: Effective date— RCW 41.06.102 Criminal justice training commission—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter do not apply in the Washington state criminal justice training commission to two confidential secretaries involved in managing the confidential records under RCW 43.101.135 and 43.101.400. [ 2021 c 323 s 26.] RCW 41.06.103 Office of independent investigations—Certain personnel exempted from chapter. In addition to the exemptions set forth in RCW 41.06.070, the provisions of this chapter do not apply in the office of independent investigations to the director, to one confidential secretary, and to any deputy or regional directors, if any. [ 2021 c 318 s 312.] NOTES: Finding— RCW 41.06.110 Washington personnel resources board—Created—Term—Qualifications, conditions—Compensation, travel expenses—Officers, quorum, records. (1) There is hereby created a Washington personnel resources board composed of three members appointed by the governor, subject to confirmation by the senate. The members of the personnel board serving June 30, 1993, shall be the members of the Washington personnel resources board, and they shall complete their terms as under the personnel board. Each odd-numbered year thereafter the governor shall appoint a member for a six-year term. Each member shall continue to hold office after the expiration of the member's term until a successor has been appointed. Persons so appointed shall have clearly demonstrated an interest and belief in the merit principle, shall not hold any other employment with the state, shall not have been an officer of a political party for a period of one year immediately prior to such appointment, and shall not be or become a candidate for partisan elective public office during the term to which they are appointed; (2) Each member of the board shall be compensated in accordance with RCW 43.03.250. The members of the board may receive any number of daily payments for official meetings of the board actually attended. Members of the board shall also be reimbursed for travel expenses incurred in the discharge of their official duties in accordance with RCW 43.03.050 and 43.03.060. (3) At its first meeting following the appointment of all of its members, and annually thereafter, the board shall elect a chair and vice chair from among its members to serve one year. The presence of at least two members of the board shall constitute a quorum to transact business. A written public record shall be kept by the board of all actions of the board. The director shall serve as secretary. (4) The board may appoint and compensate hearing officers to hear and conduct appeals. Such compensation shall be paid on a contractual basis for each hearing, in accordance with the provisions of chapter 43.88 RCW and rules adopted pursuant thereto, as they relate to personal service contracts. [ 2011 1st sp.s. c 43 s 405; 2002 c 354 s 210; 1993 c 281 s 25; 1984 c 287 s 69; 1982 c 10 s 8. Prior: 1981 c 338 s 20; 1981 c 311 s 16; 1977 c 6 s 2; prior: 1975-'76 2nd ex.s. c 43 s 1; 1975-'76 2nd ex.s. c 34 s 86; 1961 c 1 s 11 (Initiative Measure No. 207, approved November 8, 1960).] NOTES: Effective date— RCW 41.06.120 Meetings of board—Hearings authorized, notice—Majority to approve release of findings—Administration of oaths. (1) In the necessary conduct of its work, the board shall meet monthly unless there is no pending business requiring board action and may hold hearings, such hearings to be called by (a) the chair of the board, or (b) a majority of the members of the board. An official notice of the calling of the hearing shall be filed with the secretary, and all members shall be notified of the hearing within a reasonable period of time prior to its convening. (2) No release of material or statement of findings shall be made except with the approval of a majority of the board. (3) In the conduct of hearings or investigations, a member of the board or the director, or the hearing officer, may administer oaths. [ 2012 c 117 s 10; 2011 1st sp.s. c 43 s 406; 1981 c 311 s 17; 1975-'76 2nd ex.s. c 43 s 2; 1961 c 1 s 12 (Initiative Measure No. 207, approved November 8, 1960).] NOTES: Effective date— RCW 41.06.133 Rules of director—Personnel administration. (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; (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; (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 a qualifying discharge as defined in RCW 73.04.005. 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. [ 2024 c 146 s 15; 2023 c 148 s 1. Prior: 2011 1st sp.s. c 43 s 407; 2011 1st sp.s. c 39 s 5; prior: 2010 c 2 s 3; 2010 c 1 s 2; prior: 2009 c 534 s 2; 2009 c 5 s 2; 2002 c 354 s 204.] NOTES: Intent— RCW 41.06.142 Contracting for services—Effect on employees in the classified service—Criteria to be met—Website posting—Contract file report—Requirements of agreements—Effectiveness beyond agreement expiration date—Violation of RCW 49.60.030—Competitive contracting—Definitions. (1) If any department, agency, or institution of higher education intends to contract for services that, on or after July 1, 2005, have been customarily and historically provided by, and would displace or relocate, employees in the classified service under this chapter, a department, agency, or institution of higher education may do so by contracting with individuals, nonprofit organizations, businesses, employee business units, or other entities if the following criteria are met: (a) A comprehensive impact assessment is completed by the agency, department, or institution of higher education to assist it in determining whether the decision to contract out is beneficial. (i) The comprehensive impact assessment must include at a minimum the following analysis: (A) An estimate of the cost of performance of the service by employees, including the fully allocated costs of the service, the cost of the employees' salaries and benefits, space, equipment, materials, and other costs necessary to perform the function. The estimate must not include the state's indirect overhead costs unless those costs can be attributed directly to the function in question and would not exist if that function were not performed in state service; (B) An estimate of the cost of performance of the services if contracted out, including the cost of administration of the program and allocating sufficient employee staff time and resources to monitor the contract and ensure its proper performance by the contractor; (C) The reason for proposing to contract out, including the objective the agency would like to achieve; and (D) The reasons for the determination made under (e) of this subsection. (ii) When the contract will result in termination of state employees or elimination of state positions, the comprehensive impact assessment may also include an assessment of the potential adverse impacts on the public from outsourcing the contract, such as loss of employment, effect on social services and public assistance programs, economic impacts on local businesses and local tax revenues, and environmental impacts; (b) The invitation for bid or request for proposal contains measurable standards for the performance of the contract; (c) Employees whose positions or work would be displaced by the contract are provided an opportunity to offer alternatives to purchasing services by contract and, if these alternatives are not accepted, compete for the contract under competitive contracting procedures in subsection (7) of this section; (d) The department, agency, or institution of higher education has established a contract monitoring process to measure contract performance, costs, service delivery quality, and other contract standards, and to cancel contracts that do not meet those standards; and (e) The department, agency, or institution of higher education has determined that the contract results in savings or efficiency improvements. The contracting agency, department, or institution of higher education must consider the consequences and potential mitigation of improper or failed performance by the contractor. (2)(a) The agency, department, or institution of higher education must post on its website the request for proposal, the contract or a statement that the agency, department, or institution of higher education did not move forward with contracting out, and the comprehensive impact assessment pursuant to subsection (1) of this section. (b) The agency, department, or institution of higher education must maintain the information in (a) of this subsection in its files in accordance with the record retention schedule under RCW 40.14.060. (3) Every five years or upon completion of the contract, whichever comes first, the agency, department, or institution of higher education must prepare and maintain in the contract file a report, which must include at a minimum the following information: (a) Documentation of the contractor's performance as measured by the itemized performance standards; (b) Itemization of any contract extensions or change orders that resulted in a change in the dollar value or cost of the contract; and (c) A report of any remedial actions that were taken to enforce compliance with the contract, together with an estimate of the cost incurred by the agency, department, or institution of higher education in enforcing such compliance. (4) In addition to any other terms required by law, the terms of any agreement to contract out a service pursuant to this section must include terms that address the following: (a) The contract's contract management provision must allow review of the contractor's performance; (b) The contract's termination clauses must allow termination of the contract if the contractor fails to meet the terms of the contract, including failure to meet performance standards or failure to provide the services at the contracted price; (c) The contract's damages provision must allow recovery of direct damages and, RCW 41.06.150 Rules of director—Mandatory subjects—Personnel administration. 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: (1) Certification of names for vacancies; (2) Examinations for all positions in the competitive and noncompetitive service; (3) Appointments; (4) 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 director may not authorize such delegation to any position lower than the head of a major subdivision of the agency; (5) 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; (6) 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 director shall consult with the human rights commission in the development of rules pertaining to affirmative action. 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. [ 2011 1st sp.s. c 43 s 409. Prior: 2002 c 371 s 906; 2002 c 354 s 203; 2002 c 354 s 202; 2002 c 110 s 1; 1999 c 297 s 3; 1996 c 319 s 2; 1995 2nd sp.s. c 18 s 911; prior: 1993 sp.s. c 24 s 913; 1993 c 281 s 27; 1990 c 60 s 103; prior: 1985 c 461 s 2; 1985 c 365 s 5; 1983 1st ex.s. c 75 s 5; 1982 1st ex.s. c 53 s 4; prior: 1982 c 79 s 1; 1981 c 311 s 18; 1980 c 118 s 3; 1979 c 151 s 57; 1977 ex.s. c 152 s 1; 1973 1st ex.s. c 75 s 1; 1973 c 154 s 1; 1971 ex.s. c 19 s 2; 1967 ex.s. c 108 s 13; 1961 c 1 s 15 (Initiative Measure No. 207, approved November 8, 1960).] NOTES: Effective date— RCW 41.06.152 Job classification revisions, class studies, salary adjustments—Limitations. (1) The director shall adopt only those job classification revisions, class studies, and salary adjustments under RCW 41.06.157 that: (a) As defined by the director, are due to documented recruitment or retention difficulties, salary compression or inversion, classification plan maintenance, higher level duties and responsibilities, or inequities; and (b) Are such that the office of financial management has reviewed the affected agency's fiscal impact statement and has concurred that the affected agency can absorb the biennialized cost of the reclassification, class study, or salary adjustment within the agency's current authorized level of funding for the current fiscal biennium and subsequent fiscal biennia. (2) This section does not apply to the higher education hospital special pay plan or to any adjustments to the classification plan under RCW 41.06.157 that are due to emergent conditions. Emergent conditions are defined as emergency conditions requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare. [ 2011 1st sp.s. c 43 s 410; 2007 c 489 s 1; 2002 c 354 s 241; 2002 c 354 s 240; 1999 c 309 s 914; 1996 c 319 s 1.] NOTES: Effective date— RCW 41.06.155 Salaries—Implementation of changes to achieve comparable worth. Salary changes necessary to achieve comparable worth shall be implemented during the 1983-85 biennium under a schedule developed by the department. Increases in salaries and compensation solely for the purpose of achieving comparable worth shall be made at least annually. Comparable worth for the jobs of all employees under this chapter shall be fully achieved not later than June 30, 1993. [ 1993 c 281 s 28; 1983 1st ex.s. c 75 s 6.] NOTES: Effective date— RCW 41.06.157 Comprehensive classification plan for classified positions—Contents—Salary surveys. (1) To promote the most effective use of the state's workforce and improve the effectiveness and efficiency of the delivery of services to the citizens of the state, the director shall adopt and maintain a comprehensive classification plan for all positions in the classified service. The classification plan must: (a) Be simple and streamlined; (b) Support state agencies in responding to changing technologies, economic and social conditions, and the needs of its citizens; (c) Value workplace diversity; (d) Facilitate the reorganization and decentralization of governmental services; (e) Enhance mobility and career advancement opportunities; (f) Consider rates in other public employment and private employment in the state; (g) Not require a two-year, four-year, or postgraduate college degree as the only way to demonstrate qualifications for the role unless that degree is required by law for an employee to perform the essential functions of a classification; and (h) Recognize that persons legally authorized to work in the United States under federal law, including deferred action for childhood arrivals recipients, are eligible for employment unless prohibited by other state or federal law. (2) An appointing authority and an employee organization representing classified employees of the appointing authority for collective bargaining purposes may jointly request the director of financial management to initiate a classification study. (3) For institutions of higher education and related boards, the director may adopt special salary ranges to be competitive with positions of a similar nature in the state or the locality in which the institution of higher education or related board is located. (4) The director may undertake salary surveys of positions in other public and private employment to establish market rates. Any salary survey information collected from private employers which identifies a specific employer with salary rates which the employer pays to its employees shall not be subject to public disclosure under chapter 42.56 RCW. [ 2026 c 38 s 1. Prior: 2024 c 330 s 11; 2024 c 70 s 2; 2015 3rd sp.s. c 1 s 315; 2011 1st sp.s. c 43 s 411.] NOTES: Intent— RCW 41.06.160 Classification and salary schedules to consider rates in other public and private employment—Wage and fringe benefits surveys—Limited public disclosure exemption. In preparing classification and salary schedules as set forth in RCW 41.06.150 the office of financial management shall give full consideration to prevailing rates in other public employment and in private employment in this state. For this purpose the department shall undertake comprehensive salary and fringe benefit surveys. Salary and fringe benefit survey information collected from private employers which identifies a specific employer with the salary and fringe benefit rates which that employer pays to its employees shall not be subject to public disclosure under chapter 42.56 RCW. [ 2019 c 146 s 4; 2005 c 274 s 278; 2002 c 354 s 211; 1993 c 281 s 29; 1985 c 94 s 2; 1980 c 11 s 1; 1979 c 151 s 58; 1977 ex.s. c 152 s 2; 1961 c 1 s 16 (Initiative Measure No. 207, approved November 8, 1960).] NOTES: Short title— RCW 41.06.162 State salary schedule. The director of financial management shall adopt and maintain a state salary schedule. Such adoption and revision is subject to approval by the director in accordance with chapter 43.88 RCW. [ 2011 1st sp.s. c 43 s 412.] NOTES: Effective date— RCW 41.06.167 Compensation surveys required for officers and officer candidates of the Washington state patrol—Limited public disclosure exemption. The director of financial management shall undertake comprehensive compensation surveys for officers and entry-level officer candidates of the Washington state patrol, with such surveys to be conducted in the year prior to the convening of every other one hundred five day regular session of the state legislature. Salary and fringe benefit survey information collected from private employers which identifies a specific employer with the salary and fringe benefit rates which that employer pays to its employees shall not be subject to public disclosure under chapter 42.56 RCW. [ 2015 3rd sp.s. c 1 s 316; 2011 1st sp.s. c 43 s 413; 2005 c 274 s 279; 2002 c 354 s 212; 1991 c 196 s 1; 1986 c 158 s 7; 1985 c 94 s 3; 1980 c 11 s 2; 1979 c 151 s 60; 1977 ex.s. c 152 s 5.] NOTES: Effective date— RCW 41.06.169 Employee performance evaluations—Standardized procedures and forms required to be developed. After consultation with state agency heads, employee organizations, and other interested parties, the director shall develop standardized employee performance evaluation procedures and forms which shall be used by state agencies for the appraisal of employee job performance at least annually. These procedures shall include means whereby individual agencies may supplement the standardized evaluation process with special performance factors peculiar to specific organizational needs. Performance evaluation procedures shall place primary emphasis on recording how well the employee has contributed to efficiency, effectiveness, and economy in fulfilling state agency and job objectives. [ 2011 1st sp.s. c 43 s 414; 1985 c 461 s 3; 1982 1st ex.s. c 53 s 5; 1977 ex.s. c 152 s 6.] NOTES: Effective date— RCW 41.06.170 Reduction, suspension, dismissal, demotion of employee—Right to appeal. (1) The director, in the adoption of rules governing suspensions for cause, shall not authorize an appointing authority to suspend an employee for more than fifteen calendar days as a single penalty or more than thirty calendar days in any one calendar year as an accumulation of several penalties. The director shall require that the appointing authority give written notice to the employee not later than one day after the suspension takes effect, stating the reasons for and the duration thereof. (2) Any employee who is reduced, dismissed, suspended, or demoted, after completing his or her probationary period of service as provided by the rules of the director, or any employee who is adversely affected by a violation of the state civil service law, chapter 41.06 RCW [this chapter], or rules adopted under it, shall have the right to appeal, either individually or through his or her authorized representative, not later than thirty days after the effective date of such action to the Washington personnel resources board. The employee shall be furnished with specified charges in writing when a reduction, dismissal, suspension, or demotion action is taken. Such appeal shall be in writing. Decisions of the Washington personnel resources board on appeals filed after June 30, 2005, shall be final and not subject to further appeal. (3) Any employee whose position has been exempted after July 1, 1993, shall have the right to appeal, either individually or through his or her authorized representative, not later than thirty days after the effective date of such action to the Washington personnel resources board. If the position being exempted is vacant, the exclusive bargaining unit representative may act in lieu of an employee for the purposes of appeal. (4) An employee incumbent in a position at the time of its allocation or reallocation, or the agency utilizing the position, may appeal the allocation or reallocation to the Washington personnel resources board. Notice of such appeal must be filed in writing within thirty days of the action from which appeal is taken. (5) Subsections (1) and (2) of this section do not apply to any employee who is subject to the provisions of a collective bargaining agreement negotiated under RCW 41.80.001 and 41.80.010 through 41.80.130. [ 2011 1st sp.s. c 43 s 415; 2009 c 534 s 3; 2002 c 354 s 213; 1993 c 281 s 31; 1981 c 311 s 19; 1975-'76 2nd ex.s. c 43 s 3; 1961 c 1 s 17 (Initiative Measure No. 207, approved November 8, 1960).] NOTES: Effective date— RCW 41.06.176 Employee performance evaluations—Written notification of deficiencies. Each employee whose work is judged unsatisfactory shall be notified in writing of the areas in which the work is considered deficient. Unless the deficiency is extreme, the employee shall be given an opportunity to demonstrate improvement. [ 1985 c 461 s 4.] NOTES: Severability— RCW 41.06.186 Employee performance evaluations—Termination of employment—Rules. The director shall adopt rules designed to terminate the state employment of any employee whose performance is so inadequate as to warrant termination. [ 2002 c 354 s 215; 1993 c 281 s 32; 1985 c 461 s 5.] NOTES: Short title— RCW 41.06.196 Employee performance evaluations—Termination of supervisors tolerating inadequate employee performance. The director shall adopt rules designed to remove from supervisory positions those supervisors who in violation of the rules adopted under RCW 41.06.186 have tolerated the continued employment of employees under their supervision whose performance has warranted termination from state employment. [ 2002 c 354 s 216; 1993 c 281 s 33; 1985 c 461 s 6.] NOTES: Short title— RCW 41.06.204 Use of false academic credentials—Penalties. A person who issues or uses a false academic credential is subject to RCW 28B.85.220 and 9A.60.070. [ 2006 c 234 s 7.] RCW 41.06.220 Reinstatement after appeal, guaranteed rights and benefits. Any employee, when fully reinstated after appeal, shall be guaranteed all employee rights and benefits, including back pay, sick leave, vacation accrual, retirement and OASDI credits. [ 2011 1st sp.s. c 43 s 416; 1961 c 1 s 22 (Initiative Measure No. 207, approved November 8, 1960).] NOTES: Effective date— RCW 41.06.250 Political activities. (1) Solicitation for or payment to any partisan, political organization or for any partisan, political purpose of any compulsory assessment or involuntary contribution is prohibited: PROVIDED, HOWEVER, That officers of employee associations shall not be prohibited from soliciting dues or contributions from members of their associations. No person shall solicit on state property or property of a political subdivision of this state any contribution to be used for partisan, political purposes. (2) Employees of the state or any political subdivision thereof shall have the right to vote and to express their opinions on all political subjects and candidates and to hold any political party office or participate in the management of a partisan, political campaign. Nothing in this section shall prohibit an employee of the state or any political subdivision thereof from participating fully in campaigns relating to constitutional amendments, referendums, initiatives, and issues of a similar character, and for nonpartisan offices. (3) A classified civil service employee shall not hold a part time public office in a political subdivision of the state when the holding of such office is incompatible with, or substantially interferes with, the discharge of official duties in state employment. (4) For persons employed in state agencies or agencies of any political subdivision of the state the operation of which is financed in total or primarily by federal grant-in-aid funds political activity will be regulated by the rules and regulations of the United States civil service commission. (5) The provisions of this section shall supersede all statutes, charter provisions, ordinances, resolutions, regulations, and requirements promulgated by the state or any subdivision thereof, including any provision of any county charter, insofar as they may be in conflict with the provisions of this section. [ 1974 ex.s. c 136 s 1; 1961 c 1 s 25 (Initiative Measure No. 207, approved November 8, 1960).] RCW 41.06.260 Conflict with federal requirements—Effect—Rules to conform chapter. If any part of this chapter shall be found to be in conflict with federal requirements which are a condition precedent to the allocation of federal funds to the state, such conflicting part of this chapter is hereby declared to be inoperative solely to the extent of such conflict and with respect to the agencies directly affected, and such findings or determination shall not affect the operation of the remainder of this chapter in its application to the agencies concerned. The office of financial management and the department of enterprise services, as appropriate, shall make such rules and regulations as may be necessary to meet federal requirements which are a condition precedent to the receipt of federal funds by the state. [ 2011 1st sp.s. c 43 s 417; 1961 c 1 s 26 (Initi