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AGO Opinions with Topic: CIVIL SERVICE
AGO 1970 No. 6 >  March 3, 1970
CIVIL SERVICE - STATE - EMPLOYEES - TRANSFER - ACCUMULATED LEAVE
CIVIL SERVICE - STATE - EMPLOYEES - TRANSFER - ACCUMULATED LEAVE (1) When a state employee transfers from a classified civil service position which is subject to chapter 41.06 RCW to either a classified or an exempt position which is covered by chapter 28B.16 RCW, he is not entitled to receive payment for his accumulated annual leave under RCW 43.01.041; instead, his accumulated annual leave is to be transferred from his old employing agency to his new one as provided for in RCW 43.01.040.(2) A permanent status employee transferring from a position under chapter 41.06 RCW, to a classified position in an institution of higher learning under chapter 28B.16 RCW, is subject to such "probationary period" regulations as are promulgated by the higher education personnel board under RCW 28B.16.100.
AGO 1990 No. 5 >  June 12, 1990
CIVIL SERVICE - CONTRACTS - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - EMPLOYERS AND EMPLOYEES
CIVIL SERVICE--CONTRACTS--DEPARTMENT OF SOCIAL AND HEALTH SERVICES--EMPLOYERS AND EMPLOYEES 1.  RCW 71A.12.110 empowers the Secretary of the Department of Social and Health Services to enter into agreements to pay the contracting party to perform services that the Secretary is authorized to provide under Title 71A RCW.   2.   The Secretary's discretion to contract out, granted by RCW 71A.12.110, may be limited by negotiated collective bargaining agreements entered into pursuant to RCW 41.06.150(13).
AGO 1961 No. 27 >  April 4, 1961
CIVIL SERVICE - STATE - DEPARTMENT OF NATURAL RESOURCES - PERSONS COVERED UNDER INITIATIVE NO. 207
CIVIL SERVICE ‑- STATE ‑- DEPARTMENT OF NATURAL RESOURCES ‑- PERSONS COVERED UNDER INITIATIVE NO. 207 (1 and 2) The Commissioner of Public Lands and the Board of Natural Resources are not covered by the new state civil service law.(3) Confidential secretaries and administrative assistants in the immediate administrative structure of the office organization of an elected official are not covered by the civil service law.(4) Part time or seasonal help in the Department of Natural Resources who have been determined by the Director to be skilled or unskilled labor employed temporarily on force‑account construction and maintenance projects or employed on temporary seasonal single phases of agricultural production or harvesting are not covered by the civil service law.
AGO 1961 No. 32 >  May 29, 1961
CIVIL SERVICE - STATE - INITIATIVE NO. 207 - COLLEGES - PERSONNEL COMMITTEE, TRUSTEES AS MEMBERS
CIVIL SERVICE ‑- STATE ‑- INITIATIVE NO. 207 ‑- COLLEGES ‑- PERSONNEL COMMITTEE, TRUSTEES AS MEMBERS Under section 5, Initiative No. 207 (§ 5, chapter 1, Laws of 1960) the personnel committee of each institution of higher learning is to consist of three members of its governing body.
AGO 1961 No. 44 >  June 30, 1961
CIVIL SERVICE - STATE - AUTHORITY OF PERSONNEL BOARDS TO REGULATE LEAVES AND VACATIONS
CIVIL SERVICE ‑- STATE ‑- AUTHORITY OF PERSONNEL BOARDS TO REGULATE LEAVES AND VACATIONS (1) and (2) Under the new state civil service law the several personnel boards are authorized to make rules and regulations governing the allocation of bonus days to an employee with five years' service in any manner that does not conflict with RCW 43.01.040.(3) Regularly scheduled hourly paid employees are entitled to vacation leave with pay after the performance of one year's service and the several personnel boards are authorized to promulgate rules and regulations consistent with RCW 43.01.040 regulating this vacation leave.
AGO 1972 No. 12 >  June 13, 1972
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE - LIQUOR - AGE REQUIREMENT FOR CERTAIN CIVIL SERVICE EMPLOYEES
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- CIVIL SERVICE ‑- LIQUOR ‑- AGE REQUIREMENT FOR CERTAIN CIVIL SERVICE EMPLOYEES A county civil service commission for sheriff's office employees, organized and operating under the provisions of chapter 41.14 RCW, may not promulgate a blanket regulation excluding persons otherwise qualified under RCW 41.14.100 from making application for any civil service position in a sheriff's department, regardless of its duties, on the basis of their being less than twenty-one years of age and thus not legally able to enter a tavern for law enforcement purposes; however, in those selected classes of positions which require the employee to enter taverns for these purposes, a requirement that the applicant be at least twenty-one years of age, and thus legally able to enter a tavern, would be valid.
AGO 1982 No. 8 >  June 17, 1982
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - EMPLOYEES - CIVIL SERVICE
ADOPTION AND IMPLEMENTATION OF COUNTY PERSONNEL SYSTEM There is no authority, under existing state law, for the adoption and implementation, by the board of county commissioners of a noncharter county, of a county personnel system covering the employment, compensation, subsequent promotion, suspension or discharge of all county employees‑-including those appointed by other, independent, county elected officials; there are, however, certain limited actions which may be taken in this area pursuant to a joint agreement between all affected county offices.
AGO 1972 No. 19 >  September 11, 1972
OFFICES AND OFFICERS - STATE - COMMUNITY COLLEGES - CIVIL SERVICE - RETIREMENT - ESTABLISHMENT OF MANDATORY RETIREMENT AGE FOR STATE CIVIL SERVICE EMPLOYEES
OFFICES AND OFFICERS ‑- STATE ‑- COMMUNITY COLLEGES ‑- CIVIL SERVICE ‑- RETIREMENT ‑- ESTABLISHMENT OF MANDATORY RETIREMENT AGE FOR STATE CIVIL SERVICE EMPLOYEES The board of trustees of a community college may not adopt a rule establishing a mandatory retirement age of 65 years for all of its classified civil service employees who are also members of the Washington public employees' retirement system, without regard to the particular jobs which they hold.
AGO 1983 No. 27 >  December 2, 1983
OFFICES AND OFFICERS - STATE - WASHINGTON STATE CONVENTION AND TRADE CENTER - CIVIL SERVICE - EMPLOYEES
CIVIL SERVICE STATUS OF EMPLOYEES OF STATE CONVENTION AND TRADE CENTER (1) The Washington State Convention and Trade Center corporation which was created pursuant to § 2, chapter 34, Laws of 1982 to construct and operate the State convention and Trade Center is a state agency for purposes of the state civil service law, chapter 41.06 RCW.(2) Identification, based upon the foregoing conclusion, of those offices or positions within the corporation which are, nevertheless, exempt from civil service coverage under RCW 41.06.070.
AGO 1974 No. 22 >  October 30, 1974
VETERANS - PUBLIC EMPLOYMENT - CIVIL SERVICE - VETERANS PREFERENCE IN COMPETITIVE EXAMINATIONS
VETERANS ‑- PUBLIC EMPLOYMENT ‑- CIVIL SERVICE ‑- VETERANS PREFERENCE IN COMPETITIVE EXAMINATIONS The provisions of RCW 41.04.010, as amended by § 1, chapter 170, Laws of 1974, 1st Ex. Sess., do not permit the use of the "veterans' preference" on a competitive entrance examination for covered public employment by a veteran who has claimed a similar preference and has thereby been previously appointed to a position which is subject to that statute, even though the employment thus obtained was with a different state agency, municipal corporation or political subdivision.
AGO 1974 No. 24 >  December 23, 1974
DISTRICTS - FIRE PROTECTION - CIVIL SERVICE - ABOLITION OF CIVIL SERVICE SYSTEM
DISTRICTS ‑- FIRE PROTECTION ‑- CIVIL SERVICE ‑- ABOLITION OF CIVIL SERVICE SYSTEM
A fire protection district which has, by resolution, established a civil service program for its full-time paid firemen under RCW 52.36.060 may not later rescind that resolution and abolish such program in the absence of specific statutory authorization.
AGO 1962 No. 180 >  November 29, 1962
VETERANS - PREFERENCE IN PUBLIC EMPLOYMENT - PERSONS ENTITLED TO PREFERENCE AND CONDITION UNDER WHICH IT APPLIES - CIVIL SERVICE - PROBATIONARY EMPLOYEE
VETERANS ‑- PREFERENCE IN PUBLIC EMPLOYMENT ‑- PERSONS ENTITLED TO PREFERENCE AND CONDITION UNDER WHICH IT APPLIES ‑- CIVIL SERVICE ‑- PROBATIONARY EMPLOYEE (1) Veterans' preference in competitive examinations for and in the appointment and selection of public employment is limited to wartime veterans.  Preference in re‑employment [[reemployment]] is not limited to wartime veterans. (2) An employee who is in a probationary status under civil service at the time of his enlistment or induction into military service returns to state employment in a probationary status. (3) A probationary employee who has enlisted or has been inducted into the military service may not be discharged while he is in the military service.
AGO 1991 No. 27 >  July 25, 1991
COUNTIES - CITIES AND TOWNS - CIVIL SERVICE - SHERIFF - POLICE
Seniority status of city police officer transferring to county sheriff's office RCW 41.14.260 provides that a city police officer transferring to a county sheriff's office pursuant to RCW 41.14.250 shall have the same rights, benefits and privileges as the officer would have been entitled to if the officer had been a member of the sheriff's office since the beginning of the officer's employment with the city.  Pursuant to this statute, the officer's seniority is determined by the date of the officer's original hire with the city.
AGO 1986 No. 13 >  November 3, 1986
CITIES AND TOWNS - CIVIL SERVICE - POLICE - CITY CHARTER
APPEAL RIGHT OF CITY POLICE EMPLOYEE FOR SUSPENSION OF LESS THAN FIVE DAYS A city civil service system for city police provided by charter does not substantially accomplish the purpose of chapter 41.12 RCW if it does not provide for any appeal in the case of an employee suspended for less than five days.
AGO 1987 No. 17 >  June 19, 1987
STATE - BOARD OF TAX APPEALS - EMPLOYEES - CIVIL SERVICE
AUTHORITY TO DETERMINE SALARIES, JOB DESCRIPTIONS AND QUALIFICATION FOR POSITIONS WITHIN THE BOARD OF TAX APPEALS The Board of Tax Appeals may appoint, discharge and fix the compensation of non-exempt employees listed in RCW 82.03.070 under the guidelines and requirements of chapter 41.06 RCW.
AGO 1966 No. 74 >  March 1, 1966
CIVIL SERVICE - STATE - PERSONNEL BOARD - CLASSIFIED POSITIONS - SALARY SCHEDULE - COMPARABLE POSITIONS IN PRIVATE INDUSTRY AND OTHER GOVERNMENTAL UNITS
CIVIL SERVICE ‑- STATE ‑- PERSONNEL BOARD ‑- CLASSIFIED POSITIONS ‑- SALARY SCHEDULE ‑- COMPARABLE POSITIONS IN PRIVATE INDUSTRY AND OTHER GOVERNMENTAL UNITS The state personnel board is required to make a biennial survey of classified positions for the purpose of determining the prevailing rates of pay in (1) Washington state private industries, and (2) other governmental units (within the state of Washington, other states and the federal government) for positions of a similar nature.  The board's survey is not limited to any one particular form of private industry or any one particular governmental unit.
AGO 1989 No. 2 >  February 3, 1989
LAW ENFORCEMENT OFFICERS - CRIMINAL JUSTICE TRAINING COMMISSION - REGULATIONS - CIVIL SERVICE
LAW ENFORCEMENT OFFICERS ‑- CIVIL SERVICE ‑- REGULATIONS ‑- CRIMINAL JUSTICE TRAINING COMMISSION WAC 139-05-200 is unenforceable insofar as it purports to require commissioned law enforcement personnel employed before January 1, 1978, to complete a 440-hour basic law enforcement academy if they experience an interruption of employment in excess of 90 days.
AGO 1968 No. 16 >  April 29, 1968
DISTRICTS - FIRE PROTECTION - CIVIL SERVICE - INCOMPATIBLE OFFICES
DISTRICTS - FIRE PROTECTION - CIVIL SERVICE - INCOMPATIBLE OFFICES (1) A fire protection district which has both full time, paid firemen and volunteer firemen in its fire service may provide civil service coverage for its full time, paid firemen under the provisions of RCW 52.36.060. (2) A fire protection district which determines to provide civil service coverage for its full time, paid firemen under RCW 52.36.060, is thereby governed by all the provisions of chapter 41.08 RCW to the same extent as a city or town. (3) Members of a board of fire commissioners of a fire protection district which establishes a civil service system for its full time paid firemen under RCW 52.36.060 may not simultaneously serve as members of the civil service commission.
AGO 1989 No. 20 >  October 27, 1989
CITIES - CIVIL SERVICE - POLICE - FIREFIGHTERS
CITIES ‑- FIREFIGHTERS ‑- POLICE ‑- CIVIL SERVICE Because of RCW 41.08.040 and RCW 41.12.040, the secretary/chief examiner of a civil service commission created under chapter 41.08 or chapter 41.12 RCW must be either an existing employee of the city or a city resident; these provisions were left undisturbed when the current versions of RCW 41.08.075 and 41.12.075 were enacted.
AGO 1960 No. 171 >  December 30, 1960
CIVIL SERVICE
APPLICABILITY OF INITIATIVE 207 TO PRECINCT COMMITTEEMEN, DISTRICT CHAIRMEN OF POLITICAL PARTIES, AND THE VENDORS OF STATE LIQUOR STORES (1)  An individual covered by the Civil Service Act (Initiative 207) cannot serve as an elected precinct committeeman of either party without being in violation of the law.(2)  An individual covered by the Civil Service Act (Initiative 207) cannot serve as district chairman for either party in the regular legislative district organizations without being in violation of the spirit and intent of the law.(3)  Vendors (managers) of the state liquor stores are covered under the provisions of the new Civil Service Act (Initiative 207).
AGO 1956 No. 293 >  July 6, 1956
CITIES AND TOWNS - CIVIL SERVICE - POLICE OFFICERS
CITIES AND TOWNS ‑- CIVIL SERVICE ‑- POLICE OFFICERS Officers of the city of Auburn police force who were appointed on July 8, 1937, were "blanketed" into civil service as permanent employees in the positions they presently enjoy.
AGO 1954 No. 245 >  April 21, 1954
CITIES AND TOWNS - 3RD CLASS CITIES - COUNCIL-MANAGER FORM OF GOVERNMENT - CIVIL SERVICE - APPOINTMENT OF POLICE CHIEF
CITIES AND TOWNS - 3RD CLASS CITIES - COUNCIL-MANAGER FORM OF GOVERNMENT - CIVIL SERVICE ‑- APPOINTMENT OF POLICE CHIEF 1.  City manager appoints the police chief under a council-manager form of government.  2.  City manager appoints police chief subject to statutory procedure set forth in RCW 41.12.010 et seq .  3.  Eligible appointee not restricted by present police force or outsiders but subject to eligible list submitted by civil service commission.
AGO 1953 No. 24 >  April 30, 1953
PUBLIC EMPLOYMENT - CIVIL SERVICE - CITY POLICE - RESOLUTION OF CITY COUNCIL REQUIRING POLICE OFFICERS TO TAKE EXAMINATIONS
PUBLIC EMPLOYMENT ‑- CIVIL SERVICE ‑- CITY POLICE ‑- RESOLUTION OF CITY COUNCIL REQUIRING POLICE OFFICERS TO TAKE EXAMINATIONS. The chief of police and members of the department may be required to take an examination for their respective positions.  The City of Enumclaw may not employ more than two full-time paid police officers without having form of civil service for its police department.  The City of Enumclaw may not require the members of its police to take competitive examinations without establishing a civil service commission, pursuant to chapter 13 of the Laws of 1937, when it employs more than two full-time paid officers.
AGLO 1982 No. 6 >  March 17, 1982
OFFICES AND OFFICERS - STATE - HIGHER EDUCATION PERSONNEL BOARD - CIVIL SERVICE - COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES
COSTS OF TRANSCRIPT ON APPEAL

(1) The requirement of WAC 251-12-285 that employers pay the initial costs of transcribing the record for appeal under RCW 28B.16.130 is not enforceable in personnel actions arising under RCW 28B.16.120 in view of the Washington Supreme Court's decision in the analogous case of Zoutendyk v. Washington State Patrol, 95 Wn.2d 693, 628 P.2d 1308 (1981).

AGLO 1981 No. 28 >  October 27, 1981
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE
INSPECTION OF SHERIFF'S OFFICE BY CIVIL SERVICE COMMISSION A county sheriff may not legally adopt and enforce an administrative rule under which no civil service commission member or members would be allowed on the sheriff's department's premises during the course of an inspection or investigation conducted under RCW 41.14.060(3) unless accompanied by a member of the sheriff's staff.
AGLO 1979 No. 5 >  January 18, 1979
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE
DISMISSAL OR SUSPENSION OF DEPUTY SHERIFFS The provisions of chapter 41.14 RCW constitute the exclusive means of removing, suspending, demoting or otherwise taking action adverse to the employment status of a deputy sheriff whose employment is covered by that law, any provisions contained in a collective bargaining agreement to the contrary not withstanding.
AGLO 1976 No. 31 >  April 29, 1976
VETERANS - EMPLOYEES - VETERANS' PREFERENCE - CIVIL SERVICE
PUBLIC EMPLOYMENT A discussion of the relationship between RCW 73.16.010, RCW 41.04.010 and 41.06.150 with respect to the preference rights of veterans in public employment with the state and its political subdivisions.
AGLO 1976 No. 40 >  June 23, 1976
COUNTIES - EMPLOYEES - CIVIL SERVICE - ELECTIONS
POLITICAL ACTIVITIES BY CERTAIN COUNTY EMPLOYEES The extent to which RCW 41.06.250(2) supersedes § 560 of the King county charter restricting political activities by county employees.
AGLO 1978 No. 8 >  March 14, 1978
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE - HIGH SCHOOL LIBRARIAN AS CIVIL SERVICE COMMISSIONER
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- CIVIL SERVICE ‑- HIGH SCHOOL LIBRARIAN AS CIVIL SERVICE COMMISSIONER


RCW 41.14.030 does not prohibit a person from simultaneously serving as a county civil service commissioner and as a high school librarian.

 

AGLO 1973 No. 15 >  January 29, 1973
EMPLOYEES - CIVIL SERVICE - POLITICAL ACTIVITIES - FEDERAL FUNDING
EMPLOYEES ‑- CIVIL SERVICE ‑- POLITICAL ACTIVITIES ‑- FEDERAL FUNDING Repeal of RCW 41.06.250 (4) would have no impact on eligibility of state to continue receiving federal funding.
AGLO 1974 No. 70 >  July 23, 1974
OFFICES AND OFFICERS - STATE - PERSONNEL BOARD - COLLECTIVE BARGAINING - CIVIL SERVICE - LABOR
AUTHORITY OF STATE PERSONNEL BOARD TO EXCLUDE SUPERVISORS The Washington State Personnel Board has the statutory authority under RCW 41.06.150 to promulgate rules defining and excluding "executive management," "supervisors" and "individuals regularly privy to confidential matters affecting the employer-employee relationship" from the right to bargain collectively with their appointing authorities, as it does currently under merit system rules 356-06-010 and 356-42-010(2).
AGLO 1973 No. 84 >  July 25, 1973
OFFICES AND OFFICERS - STATE - PERSONNEL BOARD - CIVIL SERVICE - EMPLOYEES - PROBATIONARY PERIOD
OFFICES AND OFFICERS ‑- STATE ‑- PERSONNEL BOARD ‑- CIVIL SERVICE ‑- EMPLOYEES ‑- PROBATIONARY PERIOD The state personnel board may by regulation require permanent employees in the classified service (i.e., employees who have successfully completed an initial six-months probationary period) to serve another six-month probationary period in any higher class of covered employment to which they are later promoted in order to obtain permanent status in that class as distinguished from their previously acquired permanent status in the civil service system per se.
AGLO 1973 No. 104 >  November 12, 1973
OFFICES AND OFFICERS - STATE - HIGHER EDUCATION PERSONNEL BOARD - CIVIL SERVICE - SALARIES - APPROPRIATIONS
OFFICES AND OFFICERS ‑- STATE ‑- HIGHER EDUCATION PERSONNEL BOARD ‑- CIVIL SERVICE ‑- SALARIES ‑- APPROPRIATIONS Section 86, chapter 137, Laws of 1973, 1st Ex. Sess., does not require the higher education personnel board to adopt, and the various affected educational institutions to accept, a revised salary schedule for those classified employees who are under its jurisdiction that will fully implement 50% of the salary increase for those employees proposed in the board's July, 1972, salary survey, where the appropriations contained therein are insufficient to enable those institutions to fund such salary increases as would be payable under that schedule; the board is, however, required to adopt a salary schedule which will bring the employees covered as close to the board's determination of prevailing wages as is possible within the appropriations.
AGLO 1974 No. 102 >  December 4, 1974
OFFICES AND OFFICERS - COUNTY COMMISSIONERS - CIVIL SERVICE
REMOVAL OF CIVIL SERVICE COMMISSIONER A board of county commissioners has the discretionary authority not to proceed with a hearing on the merits on charges preferred against a civil service commissioner under RCW 41.14.030 when it believes that the charges are frivolous.
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