WSR 02-04-081



[ Filed February 4, 2002, 11:41 a.m. ]

Original Notice.

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

Title of Rule: WAC 251-01-240 Layoff and 251-19-120 Appointment -- Temporary.

Purpose: These rules deal with the definition of layoff and temporary appointments within higher education.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: These modifications are necessary due to WAC 251-10-030 previously being modified to allow layoffs due to good faith reorganization.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; 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 deal with the definition of layoff and temporary appointments for higher education. These modifications are necessary because WAC 251-10-030, which is the layoff rule for higher education, was previously modified to allow layoffs due to good faith reorganization. These changes are in line with the previous modification to WAC 251-10-030.

Proposal Changes the Following 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.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on March 14, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by September 6, 2001 [March 7, 2002], TDD (360) 753-4107, or (360) 586-8260.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by March 12, 2002.

Date of Intended Adoption: March 14, 2002.

January 31, 2002

E. C. Matt


AMENDATORY SECTION(Amending WSR 86-09-078 (Order 147), filed 4/22/86)

WAC 251-01-240   Layoff.   Any of the following management initiated actions caused by lack of funds or lack of work and/or for good faith reorganization for efficiency purposes:

(1) Separation from service to an institution;

(2) Separation from service within a class;

(3) Reduction in the work year; and/or

(4) Reduction in the number of work hours.

[Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), 251-01-240, filed 4/22/86.]

AMENDATORY SECTION(Amending WSR 95-19-099 [98-19-035], filed 9/20/95 [9/10/98], effective 11/1/95 [10/12/98])

WAC 251-19-120   Appointment -- Temporary.   (1) Temporary appointment may be made only to meet employment conditions set forth in the definition of "temporary appointment" in WAC 251-01-415.

(2) Temporary appointment to perform work in the absence of an employee on leave for more than six consecutive months shall be made following certification from appropriate eligible lists of eligibles who have indicated willingness to accept such temporary appointment. Employees appointed to classified positions in accordance with this subsection are covered by chapter 41.06 RCW and Title 251 WAC. Temporary appointment made in accordance with this subsection is not limited to the one thousand fifty hours in any twelve consecutive month period from the original date of hire limitation, or October 1, 1989, whichever is later, identified in WAC 251-01-415(2) and 251-12-600.

(3) The employing official may temporarily assign a classified employee the duties and responsibilities of a higher-level class for a period of less than six consecutive months. The salary shall be determined per WAC 251-08-110.

(4) Temporary appointment to positions identified in the definition of "temporary appointment" in WAC 251-01-415 (2) and (3) may be made without regard to the rules governing appointment.

(5) A permanent classified employee accepting temporary appointment to a position identified in the definition of "temporary appointment" in WAC 251-01-415 (1), (2), and (3), shall retain and continue to receive all rights and benefits provided by these rules for the duration of the temporary appointment.

(6) At the conclusion of a temporary appointment made in accordance with these rules, a permanent employee shall have the right to revert to his/her former position or to an equivalent position.

(7) Each institution shall develop for director approval a procedure which indicates its system for controlling and monitoring exempt positions as identified in chapter 41.06 RCW.

(8) An institution may petition the director in writing for approval of exceptions to these requirements. The director will annually review the appropriateness of exceptions granted and advise the board.

(9) No temporary appointment shall take the place of employees laid off due to lack of work or lack of funds and/or for good faith reorganization for efficiency purposes.

[Statutory Authority: RCW 41.06.150. 98-19-035, 251-19-120, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 91-10-002, 251-19-120, filed 4/18/91, effective 6/1/91. Statutory Authority: RCW 28B.16.100, 28B.16.040(2) and 70.24.300. 90-01-007, 251-19-120, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), 251-19-120, filed 6/21/89, effective 10/1/89; 88-02-018 (Order 165), 251-19-120, filed 12/30/87, effective 2/1/88.]

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

Washington State Code Reviser's Office