WSR 97-12-079

PROPOSED RULES

PERSONNEL RESOURCES BOARD

[Filed June 4, 1997, 10:03 a.m.]

Original Notice.

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

Title of Rule: New sections WAC 356-05-422 Tier and 356-14-069 Compensation for broad band classifications; and amending WAC 356-14-010 Compensation plan--General provisions, 356-14-110 Salary--Periodic increment dates--Original--Subsequent, 356-14-120 Salary--Periodic increment date--Promotion, 356-14-140 Salary--Increase on promotion, 356-14-160 Salary--Voluntary demotion--Computation, 356-30-330 Reduction in force--Reasons, regulations--Procedure, and 356-34-020 Reduction in salary--Demotion--Procedure.

Purpose: These rules pertain to definitions, compensation, periodic increment dates, promotion, demotion, voluntary demotion, and reduction-in-force.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: These modifications will allow a broad band approach to be applied to a variety of classifications in the general service.

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 pertain to definitions, compensation, periodic increment dates, promotion, demotion, voluntary demotion, and reduction-in-force. Currently, the classification structure is very specifically defined. Each position is assigned to a job class and corresponding salary range. These modifications will change the current system to allow for a new concept called "broad band approach" to be applied to a variety of classifications in general service. This broad band class concept combines related functions into occupational groupings and are compensated through tiers which incorporate the salary ranges of the related functions. A tier will be considered equivalent to a class. This broad band approach will establish a classification and compensation system that will meet the changing current and future needs of state agencies and institutions.

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 July 10, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 3, 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 July 8, 1997.

Date of Intended Adoption: July 10, 1997.

June 4, 1997

Dennis Karras

Secretary

AMENDATORY SECTION (Amending WSR 84-17-042 (Order 209), filed 8/10/84)

WAC 356-05-075 Class. Identification of a position, or a group of positions, sufficiently similar in duties so that the same requirements of training, experience, or skill and the same title, examination, and salary range may be applied. Broad band classes combine related functions into occupational groupings and are compensated through tiers which incorporate the salary ranges of the related functions. A tier shall be considered equivalent to a class.

[Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-075, filed 8/10/84.]

NEW SECTION

WAC 356-05-422 Tier. A tier is a level within a general service broad band classification. Each tier will have a maximum and minimum salary established by the Board. After serving a probationary or trial service period, an employee will gain permanent status in the tier. For purposes of promotion, demotion, and transfer the minimum and maximum salary for each tier will be equivalent to a salary range. For purposes of administering these rules, including reduction in force, a tier will be considered equivalent to a class.

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NEW SECTION

WAC 356-14-069 Compensation for broad band classifications. For the purposes of administering WAC 356, a tier will be considered equivalent to a class.

(1) Compensation for positions within broad band classifications shall not exceed the maximum or fall below the minimum amount of the tier set by the Board unless specified under these rules. After the initial transition, the agency may make salary adjustments to all or individual positions under the following conditions:

(a) Documented recruitment and/or retention problems that exceed the tier as approved by the director or designee in advance of the action. Such increases may be a one time payment or be added to base pay. These increases shall not exceed prevailing rate as determined by the Department of Personnel.

(b) Combined salary adjustments under (1)(c), (d), and (e) of this section normally shall not exceed 10% in a 12 consecutive months period. Increases above 10% must be approved by the director of personnel prior to the action.

(c) When the employee remains in the position, service increments of 5% shall be provided for the first three years following initial hire into a tier as provided in WAC 356-14-110. The following applies to employees who transition to broad band classes:

(i) Employees who at the time of transition are at step K or Y-rated shall not be eligible for service increments.

(ii) Employees who are not at step K shall retain their periodic increment date and receive periodic increments through step K of the range held at the time of transition.

(iii) Employees who transition shall continue to receive scheduled salary adjustments such as in-training adjustments.

(d) After promotion to a higher tier, service increments of 5% each may be provided for up to 3 years as provided in WAC 356-14-140.

(e) Job growth increases may be given as follows:

(i) up to 10% may be granted to recognize changes in the duties and responsibilities of a position within a tier.

(ii) The addition of supervisory responsibilities normally should be compensated with an increase of from 5% to 10%.

(f) Developmental pay increases up to 10% may be granted to recognize an employee's acquisition and application of new skills, knowledge, or competencies or for recognition of added capacity or value to the organization as determined by agency management. This may be a one-time payment or it may be added to base pay. Developmental pay increases may be given only once in a 12 consecutive month period. Developmental pay shall be granted only after service increment pay is exhausted.

(g) Promotion to a subsequent tier shall be compensated up to 10% increase. Promotion over an intervening tier may exceed the 10% limit as authorized by the director of personnel as provided in WAC 356-14-140. Upon promotion, an increase of more than 10% to bring the employee to the minimum salary of the new tier shall not require approval by the director.

(h) Voluntary demotion to a lower tier may result in a lower salary as provided in WAC 356-14-160. The agency shall determine the salary based on the following:

(i) the requirements of the position,

(ii) internal alignment,

(iii) unusual circumstances, and/or

(iv) the qualifications of the employee.

(i) A disciplinary demotion for cause may result in a lower salary within the current tier or in a lower tier as provided in WAC 356-34-020.

(j) Salary for reallocation to a lower tier shall be determined under the provisions of WAC 356-10-040.

(2) Requests for salary adjustment exceptions may be granted only by the Director of Personnel.

(3) Assignment pay and Y-rates shall be handled based on the provisions of chapters 356-14 and 356-15 WAC.

(4) Each agency shall develop policies and procedures for salary adjustments within broad band classifications that are

consistent with these rules. The policies and procedures shall include:

(a) criteria for determining placement within a tier,

(b) criteria for determining eligibility for job growth increases,

(c) criteria for determining eligibility for developmental increases, and

(d) criteria for determining salary adjustment percentage rates.

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AMENDATORY SECTION (Amending WSR 86-14-071 (Order 253), filed 7/1/86, effective 8/1/86)

WAC 356-14-010 Compensation plan--General provisions. The director of personnel shall prepare a compensation plan for all classifications. The plan shall provide for:

(1) Full compensation to each employee for all work assigned and performed and consideration of all compensation to the employee in setting the employee's salary.

(2) Salary range schedules including the first, intervening, and maximum steps of each range or tiers with maximum and minimum salary amounts for each level in a broad band classification.

(3) Assignment of each classification to a salary range giving full consideration to the prevailing rates in Washington state private industries, and other governmental units, for positions of a similar nature to provide like pay for like work.

(4) Work period designation of each classification, or individual positions within a classification.

(5) Rates of premium pay, shift premium, and standby pay schedules determined by the personnel board in the same manner as are basic salaries.

(6) Appropriate statistical standards and reporting requirements as outlined in chapter 356-14 WAC for comprehensive and trend salary/fringe benefit surveys.

[Statutory Authority: RCW 41.06.150. 86-14-071 (Order 253), 356-14-010, filed 7/1/86, effective 8/1/86. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), 356-14-010, filed 11/16/81; Order 98, 356-14-010, filed 1/13/77, effective 2/13/77; Order 86, 356-14-010, filed 5/4/76, effective 10/1/76*; Order 78, 356-14-010, filed 5/19/75; Order 71, 356-14-010, filed 12/30/74; Order 36, 356-14-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-110, 356-08-115.]

NOTES:

*Reviser's note: The effective date of Order 86 was postponed until January 1, 1977, by Emergency Order 91, filed 9/9/76.

AMENDATORY SECTION (Amending WSR 95-19-054, filed 9/15/95, effective 10/16/95)

WAC 356-14-110 Salary--Periodic increment dates--Original--Subsequent. (1) The periodic increment date (PID) is the date on which an employee automatically advances to a higher dollar amount in the range to which the employee's position is classified; provided

(a) The employee's basic salary is not already at or above the maximum step of the assigned range, or

(b) The employee's standards of performance are such as to permit retention in a job status.

(2) The dollar amount of the increase will be two salary schedule increments; except

(a) The amount shall be one salary schedule increment if a two-increment increase would place the employee's basic salary above the maximum of the range of the employee's classification, or

(b) A fractional part of an increment amount shall be regarded as a full increment advance, if the employee's basic salary was between salary schedule steps immediately prior to the increase, or

(c) The dollar amount increase is stated otherwise in the compensation plan appendix or chapter 15.

(3) The original periodic increment date for an employee is:

(a) Six continuous months from the date the employee began work at the first step of a salary range, or

(b) One calendar year from the date on which the employee began work at an intervening salary step; provided that in either (a) or (b):

(i) Any work period starting before the 16th of the month will count as a full month.

(ii) Any work period starting after the 15th of the month will not be counted.

(iii) An employee at or above the maximum step of a salary range does not have a periodic increment date.

(4) The periodic increment date shall be recomputed following leaves of absence without pay, in accordance with WAC 356-18-220, breaks in ((serve)) service due to reduction in force or reversion action. In such adjustments, calendar months of pay status already spent at a step will be credited toward the time required to advance to the next available increase in that range.

(5) An employee's periodic increment date shall be set and remain the same unless subsequently changed in accordance with the provisions of the merit system rules.

(6) For employees in broad band classifications, subsections (1) through (5) of this section do not apply.

(7) For employees appointed to and remaining in a broad band classification, a 5% service increment within the tier shall be provided for each of the first three years following initial hire. The following applies to employees who transition to broad band classes:

(a) Employees who at the time of transition are at step K or Y-rated shall not be eligible for service increments.

(b) Employees who are not at step K shall retain their periodic increment date and receive periodic increments through step K of the range held at the time of transition.

(c) Employees who transition shall continue to receive scheduled salary adjustments such as in-training adjustments.

(8) The following applies to service increment dates for employees in broad band classifications.

(a) The service increment date is one calendar year from the date on which the employee began work provided that:

(i) Any work period starting before the 16th of the month will count as a full month.

(ii) Any work period starting after the 15th of the month will not be counted.

(iii) An employee at or above the maximum salary of the tier does not have a service increment date.

(b) The service increment date shall be recomputed following leaves of absence without pay, in accordance with WAC 356-18-220, breaks in service due to reduction in force or reversion action. In such adjustments, calendar months of pay status already spent in a tier will be credited toward the time required to advance to the next available increase in that tier.

(c) An employee's service increment date shall be set and remain the same unless subsequently changed in accordance with the provisions of these rules.

[Statutory Authority: RCW 41.06.150. 95-19-054, 356-14-110, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), 356-14-110, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 41.06.150. 85-19-078 (Order 230), 356-14-110, filed 9/18/85. Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-14-110, filed 8/10/84. Statutory Authority: RCW 41.06.150(17). 79-10-064 (Order 133), 356-14-110, filed 9/18/79; 78-06-017 (Order 120), 356-14-110, filed 5/12/78; Order 109, 356-14-110, filed 9/7/77; Order 36, 356-14-110, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-134.]

AMENDATORY SECTION (Amending WSR 85-19-078 (Order 230), filed 9/18/95 [9/18/85])

WAC 356-14-120 Salary--Periodic increment date--Promotion. Employees who receive a salary increase through promotion shall retain their present periodic increment date except:

(1) When the employee is placed at the first step, the employee either retains the same periodic increment date or assumes a new one six calendar months from the promotion, whichever date occurs first.

(2) An employee with no periodic increment date because of being promoted from a maximum step or a Y rated amount above the maximum step of a range, will assume a new periodic increment date if the employee is moving to a minimum or intervening salary step as provided in WAC 356-14-110.

(3) Subsections (1) and (2) of this section shall not apply to employees in broad band classifications.

(4) Employees in broad band classifications who receive a salary increase through promotion to a higher tier may have a service increment date set as provided in WAC 356-14-110 and may receive service increments of 5% each for up to three years at the agency's discretion.

[Statutory Authority: RCW 41.06.150. 85-19-078 (Order 230), 356-14-120, filed 9/18/85. Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-14-120, filed 8/10/84. Statutory Authority: RCW 41.06.150(17). 79-10-064 (Order 133), 356-14-120, filed 9/18/79; Order 109, 356-14-120, filed 9/7/77; Order 36, 356-14-120, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-135.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

AMENDATORY SECTION (Amending WSR 90-23-030 (Order 361), filed 11/14/90, effective 12/15/90)

WAC 356-14-140 Salary--Increase on promotion. (1) An employee who is promoted to a class whose base range is less than six ranges higher than the base range of the former class will advance to the step of the range for the new class which is nearest to 5% higher than the amount of the prepromotional step.

(2) An employee who is promoted under any one or more of the following conditions shall advance to the step of the range for the new class which is nearest to 10% higher than the amount of the prepromotional step.

(a) When the employee is promoted to a class whose base range is six or more ranges higher than the base range of the employee's former class.

(b) When the employee is promoted over an intervening class in the same class series.

(c) When the employee is promoted from one class series to a higher class in a different series and over an intervening class in the new series which would have represented a promotion.

(d) When an employee's promotion requires a change of residence to another geographic area to be within a reasonable commuting distance of the new place of work.

(3) When an employee is promoted from a Y-rate salary, the Y-rate shall first terminate, and the promotional increase shall be calculated from the next-lower step of the range for the class from which promoted. The calculation will then be completed as illustrated in 1 or 2.

(4) Any promotional increase must result in a salary which is not less than the first, and not more than the top, step of the range for the class to which the employee is promoted.

(5) No assignment pay or other special pay provision, except applicable comparable worth ranges, shall be considered in calculating promotional increases.

(6) Promotional increases for T-ranges (teachers and principals) are not calculated in the manner described above.

(7) An employee who is working in a position which is included in an approved class series study, and who accepts a promotion within that agency to a classification impacted by the same study, shall be paid not less than the salary that would have been paid if the employee had remained in the former position and benefited from an upward reallocation. The new higher salary must be within the range for the new class to which the employee is promoted, and shall be effective on the effective date of the class study.

(8) The salary of any employee who, after June 30, 1990, was promoted to a class whose range has a higher top step than that of the former class, and who received less promotional increase than is provided under subsection 1 or 2 of this section, shall be recalculated. Effective September 16, 1990, such salary shall move to the even step of the range which would result if the promotion had occurred that day.

If such employee has received a periodic increment increase since June 30, 1990, the base salary on September 16, 1990, shall be not less than if the increment date had occurred on September 16, 1990.

(9) Promotional increases for "N" ranges (classes requiring licensure as a registered nurse) are not calculated in the manner described above.

An employee who is promoted into or between classes which have special pay range "N" shall advance to the step in the new range, as shown in the "N" range salary schedule, which represents the greater of (a) or (b) below.

(a) Placement on the step which coincides with the employee's total length of experience as a registered nurse (RN) and/or licensed practical nurse (LPN). Experience shall be credited as follows:

(i) RN experience shall be credited year for year.

(ii) Up to ten years LPN experience shall be credited at the rate of two years LPN experience equals one year of RN experience, for a maximum credit of five years.

or

(b) Placement on the step of the new range which is nearest to 5% higher than the amount of the prepromotional step.

(10) Subsections (1) through (9) of this section shall not apply to employees in broad band classifications.

(11) For employees in broad band classifications, promotion to a higher tier shall be compensated by an increase no greater than 10%. Promotion over an intervening tier may exceed the 10% limit when approved by the director of the department of personnel. However, an increase of more than 10% to bring the employee to the minimum salary of the new tier after promotion shall not require approval by the director. An agency may provide 5% service increments each year for up to three years after promotion.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 90-23-030 (Order 361), 356-14-140, filed 11/14/90, effective 12/15/90. Statutory Authority: RCW 41.06.150. 87-15-065 (Order 281), 356-14-140, filed 7/16/87, effective 9/1/87. Statutory Authority: RCW 41.06.150(17). 80-03-024 (Order 141), 356-14-140, filed 2/19/80; 79-10-064 (Order 133), 356-14-140, filed 9/18/79; 78-06-017 (Order 120), 356-14-140, filed 5/12/78; Order 109A, 356-14-140, filed 10/6/77, effective 11/6/77; Order 109, 356-14-140, filed 9/7/77; Order 36, 356-14-140, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-139.]

AMENDATORY SECTION (Amending Order 77, filed 5/7/75)

WAC 356-14-160 Salary--Voluntary demotion--Computation. (1) An employee accepting a demotion shall receive credit for all continuous employment in the higher range in determining the step in the lower salary range except that the employee who has not been employed in a lower salary range shall be reduced on a step-for-step basis.

(2) Exceptional qualifications or unusual circumstances may warrant a salary different than prescribed above. In such cases, the employing agency may authorize a higher salary step within the lower salary range. ((Employing agencies shall retain records of such actions.))

(3) Subsections (1) and (2) of this section shall not apply to employees in broad band classifications.

(4) Voluntary demotion to a lower tier may result in a lower salary. The agency shall determine the salary based on the following:

(a) the requirements of the position,

(b) internal alignment,

(c) unusual circumstances, and/or

(d) the qualifications of the employee.

(5) Employing agencies shall retain records of all actions taken under this section.

[Order 77, 356-14-160, filed 5/7/75; Order 36, 356-14-160, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-150.]

AMENDATORY SECTION (Amending WSR 96-02-073, filed 1/3/96, effective 2/3/96)

WAC 356-30-330 Reduction in force--Reasons, regulations--Procedure. (1) Employees may be separated in accordance with the statutes and the agencies' approved reduction in force procedures after at least fifteen calendar days' notice in writing, without prejudice, because of lack of funds or curtailment of work, or good faith reorganization for efficiency purposes, ineligibility to continue in a position which has been reallocated, or when there are fewer positions than there are employees entitled to such positions either by statute or within other provisions of merit system rules.

(2) When employees have statutory and merit system rule rights to return to the classified service, such employees first shall be returned to the classification selected. If such return causes the total number of employees to exceed the number of positions to be filled in the classification, the least senior person in the position shall have the reduction in force rights prescribed in this section.

(3) The agencies shall develop a reduction in force procedure that is consistent with the following:

(a) For purposes of reduction in force (WAC 356-30-330), seniority shall be determined by the definition in WAC 356-05-390. Ties in seniority will be broken by first measuring the employees' last continuous time within their current classification; if the tie still exists, by measuring the employees' last continuous time in their current agency; and if the tie still exists, by lot.

(b) Clearly defined layoff units, either geographically or by administrative units or both, so as to limit the disruption of an agency's total operation; but not to unduly restrict the options available to employees with greater seniority. The definition of layoff units may be a series of progressively larger units within an agency when a valid option in lieu of separation cannot be offered to respective employees within a lesser-sized unit. Employment projects, established under the provisions of WAC 356-30-145, Project employment, are distinct layoff units, separate and exclusive of any other defined layoff unit or employment project. Seasonal career layoff units, established under the provisions of WAC 356-30-130, Seasonal career employment, are distinct layoff units, separate and exclusive of any other defined layoff unit.

(c) Options in lieu of separation by reduction in force shall be offered by an agency only when such options are in accordance with the agency's reduction in force procedure which has been approved by the director of personnel.

Employees in broad band classifications shall have reduction in force rights to tiers in which they have held permanent status. Within the tiers, employees shall have reduction in force rights to other positions with same or similar job duties and salary as the positions where they held permanent status. All other provisions in this reduction in force section shall apply to positions and employees in general service broad band classifications.

(d) Agency reduction in force procedures shall specify the rights and obligations for employees to accept or reject options offered in lieu of separation due to reduction in force.

(e) "Bumping" by employees with greater seniority will be limited to:

(i) The same layoff unit; and

(ii) Classification in which the "bumping" employee previously held permanent status; and

(iii) Position at the current salary range or salary within a tier of the employee doing the bumping, or lower; and

(iv) Employee with the least seniority within the same category of full-time or part-time employment; and

(v) Competition at one progressively lower classification or tier at a time.

(f) An employee may not exercise a bumping option in lieu of separation due to a reduction in force if there is within the agency a vacant position which satisfies all of the criteria set forth below.

The position is one which:

(i) The agency intends to fill;

(ii) Is in the current classification of the employee being offered the option, or in a classification within which the employee being offered the option previously held permanent status;

(iii) Is at a salary range no lower than the range or salary within the tier that would have otherwise been a bumping option;

(iv) Is located within a reasonable commuting distance of the employee's permanent work location; and

(v) Is on the same or similar workshift as the one which the employee currently holds.

(g) When an employee has previously held permanent status in more than one classification at the same salary range or salary within the tier and is eligible to bump, then the employee shall be offered the option to bump into the position occupied by the employee with the least seniority.

(h) The right to actually "bump" shall be exercised only after the employee to be "bumped" has received at least fifteen calendar days' notice of the scheduled action.

(i) Options of full-time positions will be offered first to full-time employees before part-time positions are offered. For the purpose of these offers, employees who previously accepted part-time positions due to a reduction in force action or to lessen the impact of a reduction in force shall be considered full-time employees.

(j) Seniority for part-time employees will be computed on a basic payroll hour basis within the same provision and restrictions of the general definition of seniority. When part-time employees become full-time employees, their payroll hours will be integrated on a comparable time basis as full-time employees.

(k) Permanent employees who have been scheduled for reduction in force shall have the right to take a transfer or a voluntary demotion to a vacancy that is to be filled in their own layoff unit for which they qualify, as determined by the director of personnel. This right is to be exercised according to the seniority of those desiring the same vacancy.

(l) Options of other than permanent positions as named in (m) of this subsection are to be made if no permanent position to be filled is available within a reasonable commuting distance.

(m) The reduction in force procedure shall contain the statement that, "No permanent employee shall be separated from state service through reduction in force without being offered within fifteen calendar days prior to what would be the permanent employee's effective separation those positions at the same or lesser salary range within the layoff unit for which he/she qualifies, currently being held by emergency, temporary, probationary, or intermittent employees."

(n) The salary of an employee who has accepted a lower position will be reduced to the top of the range of the lower class unless the previous salary is within the range of the new class, in which case it will remain unchanged.

(4) The agency shall submit the procedure to the director of personnel for approval.

(5) Vacancies will not be filled either by local list procedures or on a temporary, intermittent, or seasonal basis without contacting the department of personnel in an effort to fill the positions by qualified employees who have been or are scheduled for separation due to reduction in force.

(6) When a majority of the positions in a layoff unit other than in project employment is to be eliminated because of a lack of funds and/or work, permanent employees in such positions shall be offered, according to their seniority, those positions in classes in which they have held permanent status which are currently being held by emergency, temporary, or probationary employees; provided they have not rejected offers of vacant positions made by certifications from the registers. Such options shall be offered in accordance with the following requirements:

(a) Positions in the employee's own agency and within a reasonable commuting distance shall be offered first; second, in the classified service within a reasonable commuting distance; third, anywhere within the employee's own agency; and fourth, throughout the classified service.

(b) A permanent employee's right to fill a position may be exercised only within fifteen calendar days prior to the effective date of separation.

(c) Offers will be made in accordance with a procedure established by the director of personnel.

(7) In order to exercise an option to a position which may require selective criteria, the following applies. The option may be exercised only by an employee who possesses the required specialized qualifications when:

(a) The criteria were approved when the position was established, reallocated or last filled; or

(b) The specialized qualifications were previously required for a classification that was later merged with other classifications that did not require them; or

(c) When, at a subsequent time, it was determined that the position requires the performance of specialized duties that would warrant future selective certification.

(d) In the case of (c) of this subsection, the selective criteria shall not be applied for the purposes of determining reduction in force options until six months after the notification of the new duties has been made to the department of personnel.

(e) In the case of (a), (b) and (c) of this subsection, the director of personnel or designee must have determined that the specialized qualifications are still essential for the successful job performance and the qualifications could not be learned within a reasonable length of time.

(8) Options to positions which are covered by WAC 356-26-140 may be exercised only by employees who, at the time they are notified they are scheduled for reduction in force:

(a) Are exempt from a background inquiry by WAC 356-26-140(4); or

(b) Authorize a background inquiry as provided for in WAC 356-26-140 and are cleared for the option as a result of the inquiry.

[Statutory Authority: RCW 41.06.150. 96-02-073, 356-30-330, filed 1/3/96, effective 2/3/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 92-20-026 and 92-22-042 (Orders 411 and 411A), 356-30-330, filed 9/28/92 and 10/27/92, effective 11/1/92 and 11/27/92; 91-23-106 (Order 394), 356-30-330, filed 11/20/91, effective 12/21/91. Statutory Authority: RCW 41.06.150. 88-18-096 (Order 308), 356-30-330, filed 9/7/88, effective 11/1/88; 87-06-024 (Order 271), 356-30-330, filed 2/24/87; 85-19-080 (Order 232), 356-30-330, filed 9/18/85; 85-09-030 (Order 221), 356-30-330, filed 4/12/85. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-30-330, filed 8/10/84. Statutory Authority: RCW 41.06.150. 83-24-002 (Order 193), 356-30-330, filed 11/28/83; 83-13-091 (Order 186), 356-30-330, filed 6/17/83; 83-08-010 (Order 181), 356-30-330, filed 3/25/83; 83-01-115 (Order 179), 356-30-330, filed 12/22/82. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), 356-30-330, filed 9/22/82; 81-20-060 (Order 161), 356-30-330, filed 10/5/81; Order 112, 356-30-330, filed 11/7/77; Order 63, 356-30-330, filed 2/26/74; Order 58, 356-30-330, filed 9/10/73; Order 36, 356-30-330, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-400.]

AMENDATORY SECTION (Amending WSR 88-03-043 (Order 292), filed 1/19/88, effective 3/1/88)

WAC 356-34-020 Reduction in salary--Demotion--Procedure. Appointing authorities may reduce the salary of a permanent employee within the range or tier or may demote an employee to a position at a lesser pay range or tier, in lieu of dismissal for cause, as specified in these rules. The specified charges for either of these actions shall be furnished in writing to the employee at least 15 calendar days prior to the effective date of the action. The employee must meet the minimum qualifications for the class to which being demoted.

[Statutory Authority: RCW 41.06.150. 88-03-043 (Order 292), 356-34-020, filed 1/19/88, effective 3/1/88; 83-13-091 (Order 186), 356-34-020, filed 6/17/83; Order 89, 356-34-020, filed 6/30/76, effective 7/31/76; Order 36, 356-34-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-24-340.]

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