WSR 97-10-090

PROPOSED RULES

PERSONNEL RESOURCES BOARD

[Filed May 7, 1997, 10:45 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 356-30-065 and 356-30-067.

Purpose: These rules govern temporary appointments from outside and within classified service.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: The modifications will allow an additional reason to grant a temporary appointment and may allow an employee the ability to enter a probationary or trial service period under certain criteria.

Name of Agency Personnel Responsible for Drafting: Sharon Peck, 521 Capitol Way South, Olympia, WA, (360) 753-0468; Implementation and Enforcement: Department of Personnel.

Name of Proponent: Department of Personnel, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: These rules allow temporary appointments to classified positions during the absence of a permanent employee or during a workload peak. An employee may enter into a probationary or trial service period only if the appointment was certified from the register. These modifications will also allow temporary appointments to be made to reduce the effects of an impending reduction-in-force. Furthermore, it will allow an employee given a temporary appointment to a position that normally would have been filled permanently, except for the possibility of a reduction-in-force, the ability to enter into a probationary or trial service period under certain criteria.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules relate to internal government operations that are not subject to violation by a nongovernmental party. Therefore, pursuant to RCW 34.05.328 [(5)](b)(ii), section 201 does not apply.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on June 12, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by June 5, 1997, TDD (360) 753-4107, or (360) 586-0509.

Submit Written Comments to: Sharon Peck, Department of Personnel, P.O. Box 47500, FAX (360) 586-4694, by June 10, 1997.

Date of Intended Adoption: June 12, 1997.

May 5, 1997

Dennis Karras

Secretary

AMENDATORY SECTION (Amending WSR 88-18-096 (Order 308), filed 9/7/88, effective 11/1/88)

WAC 356-30-065 Temporary appointments--From outside state service. (1) Temporary appointments may be made to classified positions during the absence of a permanent employee, to reduce the effects of an impending reduction in force, or during a workload peak when there is a need to fill a position for not more than nine months or 1560 nonovertime hours or while recruitment is being conducted to establish a complete register.

(2) Temporary appointments may be made at a lower level than the allocation of the position being filled provided the class falls within the same or a related class series.

(3) Temporary appointments shall be approved by the director of personnel, or designee. Single or multiple temporary appointments shall last no more than nine months or 1560 nonovertime hours within a twelve-month period. Time spent in emergency appointments will be counted in the 1560 hours.

(4) No temporary appointment of an employee who has worked for the agency for nine months or 1560 nonovertime hours within the last twelve months may be made without a three-month break in service. Consecutive nonpermanent appointments of the same person in the same agency which would cause the employee to work more than 1560 nonovertime hours in a twelve-month period can only be made with the approval of the director of personnel. Extensions of temporary appointments of persons from outside classified service may be granted when a permanent employee's leave extends beyond nine months or 1560 nonovertime hours or as otherwise approved by the director of personnel. Such extensions must be approved by the director of personnel.

(5) Temporary appointees must meet the minimum qualifications of the class to which they are appointed unless the director of personnel determines that program needs demand otherwise. Established registers, certification, and referral services are available and may be used when making temporary appointments.

(a) An employee given a temporary appointment following certification from the register to fill a position in the absence of a permanent employee may enter a probationary period when the permanent employee does not return to the position and the agency needs to fill the position permanently.

(b) An employee given a temporary appointment to a position that normally would have been filled permanently except for the possibility of a reduction in force, may enter a probationary period in the position when the following criteria are met:

(i) Prior to the temporary appointment(s), a written mutual agreement regarding the temporary and permanent appointment process shall be reached between the agency and the affected exclusive representative, if any.

(ii) Prior to the temporary appointment(s), written notice of the temporary and permanent appointment process shall be given to affected employees.

(iii) When these temporary appointments are made, established registers, certification and referral process shall be used.

(c) The agency will notify the exclusive representative in writing when requesting the director to approve a change in status under (5)(b).

(d) The director must approve ((the)) or deny any change in status ((before it occurs)) under 5(a) and (b) of this section. Time served in a temporary appointment will not be counted as part of the probationary period.

(6) Compensation of temporary employees shall be consistent with the rules unless exempted by RCW 41.06.070 and WAC 356-06-020.

(7) Merit system rules governing all forms of leave will apply to temporary employees unless exempted by RCW 41.06.070 and WAC 356-06-020.

(8) An employee's temporary appointment may be ended by stipulating a termination date in the appointment letter or by giving one full working day's notice prior to the effective date. The employee receiving such notice shall not have the right of appeal or hearing.

(9) The appointing authority shall advise the temporary employee of the temporary status of the appointment. Temporary employees not appointed from within the classified service have no appeal rights.

(10) The director of personnel shall monitor temporary appointments made pursuant to this section and may revoke delegated authority where abuse is found.

[Statutory Authority: RCW 41.06.150. 88-18-096 (Order 308), 356-30-065, filed 9/7/88, effective 11/1/88; 84-21-071 (Order 210), 356-30-065, filed 10/17/84; 84-12-079 (Order 206), 356-30-065, filed 6/6/84.]

AMENDATORY SECTION (Amending WSR 91-20-029 (Order 383), filed 9/23/91, effective 11/1/91)

WAC 356-30-067 Temporary appointments from within classified service. (1) Temporary appointments may be made with the approval of the director of personnel or designee to classified positions during the absence of a permanent employee, to reduce the effects of an impending reduction in force, or during a workload peak when there is a need to fill a position for not more than nine months or 1560 nonovertime hours or while recruitment is being conducted to establish a complete register.

(2) Temporary appointments may be made at a lower level than the allocation of the position being filled provided the class falls within the same or a related class series.

(3) All temporary appointments to supervisory or managerial positions must be made from within state service unless the director determines that such action is not practicable.

(4) Established registers, certification, and referral services are available and may be used when making temporary appointments.

(a) An employee certified from the register to fill a position in the absence of a permanent employee may enter a probationary or trial service period and subsequently gain permanent status when the permanent employee does not return to the position and the agency needs to fill the position permanently.

(b) An employee given a temporary appointment to a position that normally would have been filled permanently except for the possibility of a reduction in force, may enter a probationary or trial service period in the position when the following criteria are met:

(i) Prior to the temporary appointment(s), a written mutual agreement regarding the temporary and permanent appointment process shall be reached between the agency and the affected exclusive representative, if any.

(ii) Prior to the temporary appointment(s), written notice of the temporary and permanent appointment process shall be given to affected employees.

(iii) When these temporary appointments are made, established registers, certification and referral process shall be used.

(c) The agency will notify the exclusive representative in writing when requesting the director to approve a change in status under (4)(b).

(d) The director of personnel must approve ((the)) or deny any change in status ((before it occurs)) under 4(a) and (b) of this section. Time served in a temporary appointment will not be counted as part of the probationary or trial service period.

(5) Temporary appointees must meet the minimum qualifications of the class to which they are appointed unless the director of personnel determines that program needs demand otherwise. Upon termination of such temporary appointment, permanent or probationary employees shall have the right to resume a permanent position within their permanent agency at their former status except as provided in (6) below. The employee's salary upon return will be determined as if the employee had remained in the permanent position.

(6) An employee who accepts a temporary appointment to a higher class in the same series in the same work unit shall continue the probationary or trial service period for the lower class.

(7) Temporary appointments made from within classified service will normally last no more than nine months or 1560 nonovertime hours for single or multiple appointments. An extension may be approved by the director when a temporary appointment is made to replace a permanent employee who has been granted a leave of absence, when temporarily filling a supervisory or managerial position when there is reorganization pending, or as otherwise approved by the director. Temporary appointments may extend to thirty days after the date the permanent employee returns or the position is filled permanently. Time spent in emergency appointments will be counted in the 1560 hours.

(8) Compensation for temporary appointees shall be made in accordance with the rules governing promotions, demotions, or transfers.

(9) The director of personnel shall monitor temporary appointments made pursuant to this section and may revoke delegated authority where abuse is found.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-029 (Order 383), 356-30-067, filed 9/23/91, effective 11/1/91. Statutory Authority: RCW 41.06.150. 89-14-026 (Order 320), 356-30-067, filed 6/26/89, effective 8/1/89; 89-04-027 (Order 313), 356-30-067, filed 1/25/89, effective 3/1/89; 88-18-096 (Order 308), 356-30-067, filed 9/7/88, effective 11/1/88.]

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