WSR 97-20-065

PROPOSED RULES

PERSONNEL RESOURCES BOARD

[Filed September 25, 1997, 3:04 p.m.]

Original Notice.

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

Title of Rule: WAC 356-05-390 Seniority.

Purpose: This rule pertains to seniority within classified service.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: This modification is to clarify the amount of time that will be credited to seniority when an employee is off the state payroll due to a reduction-in-force.

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: This rule defines seniority and describes circumstances where adjustments to this date may be needed. When an employee is off the state payroll due to a reduction-in-force, the time spent off the state payroll will be credited for the period of time the employee is eligible to be placed on the reduction-in-force register. This modification clarifies that this time is a maximum of three years.

Proposal does not change existing rules. See above.

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

RCW 34.05.328 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 November 13, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by November 6, 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 November 11, 1997.

Date of Intended Adoption: November 13, 1997.

September 25, 1997

Dennis Karras

Secretary

AMENDATORY SECTION (Amending WSR 89-16-030, filed 7/25/89, effective 9/1/89)

WAC 356-05-390 Seniority. A measure of the last period of unbroken time served in positions in the classified service under the jurisdiction of the state personnel board. Service in positions brought under the jurisdiction of the state personnel board by statute is counted as though it had previously been under the jurisdiction of the state personnel board. Leaves of absence granted by agencies and separations due to reduction in force are not considered a break in service. Time spent on leaves of absence without pay is not credited unless it is approved for the reasons cited in WAC 356-18-220(2), or statutes require it be credited. Time spent off the state payroll due to reduction in force will be credited for that period of time the employee is eligible to be placed on the reduction in force register, for a maximum of three years. Time spent in exempt appointments listed in RCW 41.06.070 will be credited and the service will not be regarded as broken when employees return from exempt service in accordance to RCW 41.06.070(26), WAC 356-06-055 and 356-30-330. Time spent under the jurisdiction of the higher education personnel board will be added when the employee comes under the jurisdiction of the state personnel board through the provisions of WAC 356-49-040. The length of active military service of a veteran, not to exceed five years, shall be added to the state service for such veteran or the deceased veteran's spouse as defined in WAC 356-05-470.

[Statutory Authority: RCW 41.06.150. 89-16-030 (Order 327), 356-05-390, filed 7/25/89, effective 9/1/89; 87-02-038 (Order 267), 356-05-390, filed 1/2/87; 85-21-113 (Order 237), 356-05-390, filed 10/23/85, effective 12/1/85. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-390, filed 8/10/84.]

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