WSR 97-22-061

PROPOSED RULES

PERSONNEL RESOURCES BOARD

[Filed November 3, 1997, 1:54 p.m.]

Original Notice.

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

Title of Rule: WAC 251-19-100 Transfer--Lateral movement--Voluntary demotion.

Purpose: This rule pertains to transfers, lateral movements, and voluntary demotions.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: This modification is to clarify the existing rule and to be in compliance with the federal ADA law.

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 describes definitions pertaining to transfer, lateral movements, and voluntary demotions. This rule requires the personnel officer of each institution to develop a "transfer/lateral movement/voluntary demotion procedure" to provide reasonable opportunity for employees desiring to transfer, move laterally to another class, or voluntarily demote. This modification is to clarify the existing rule and to be in compliance with the federal ADA law.

Proposal Changes the Following Existing Rules: [No information supplied by agency.]

No small business economic impact statement has been prepared under chapter 19.85 RCW.

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 December 11, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by December 4, 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 December 9, 1997.

Date of Intended Adoption: December 11, 1997.

November 3, 1997

Dennis Karras

Secretary

AMENDATORY SECTION (Amending WSR 93-19-078, filed 9/14/93, effective 10/1/93)

WAC 251-19-100 Transfer--Lateral movement--Voluntary demotion. (1) The personnel officer for each institution shall develop a "transfer/lateral movement/voluntary demotion procedure" to provide reasonable opportunity for employees desiring to transfer within class or to voluntarily demote or move laterally to classes where they have previously attained permanent status at the institution, or equivalent classes as determined by the personnel officer, when:

(a) The action is by employee request; or

(b) The employee's position is being reallocated upward and the employee is not appointed to the reallocated position((; or)).

(((c) The personnel officer determines that the employee seeking the action is no longer able to perform in the current class due to a medically verified physical, mental, or sensory disability. An employee is eligible to apply for appointment to a position under the provisions of this subsection if the employee meets the minimum qualifications and is able to perform the work of the position as confirmed by medical verification which provides adequate guidance to the employer.))

(2) Except as provided in subsection (1) of this section, permanent employees who wish to be considered for appointment to classes with an equal or lower salary range maximum than their current class must apply in accord with institutional procedure, meet the minimum qualifications, pass the examination and be placed on the appropriate eligible list for the class.

(3) Former employees laid off from the institution, per WAC 251-10-030, who are on an institution-wide layoff list, also shall be included in the procedures developed per subsections (1)(a) and (2) of this section.

(4) Upon appointment via the provisions of this rule, the following shall apply:

(a) For voluntary demotion, the salary shall be determined by the personnel officer and the periodic increment date shall remain unchanged.

(b) For transfer within class or lateral movement, the salary and periodic increment date shall remain unchanged.

(5) Appropriate employee transfers, lateral movements, or voluntary demotions for reasonable accommodation purposes are made in accordance with WAC 251-19-105.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-078, 251-19-100, filed 9/14/93, effective 10/1/93. Statutory Authority: RCW 28B.16.100. 89-13-075 (Order 180), 251-19-100, filed 6/21/89, effective 8/1/89; 88-02-018 (Order 165), 251-19-100, filed 12/30/87, effective 2/1/88.]

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