WSR 02-12-115

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed June 5, 2002, 9:20 a.m. ]

Original Notice.

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

Title of Rule: Amending WAC 356-22-220 Veterans scoring in examinations, 356-18-160 Military leave -- Reemployment, 251-17-150 Veterans scoring in examinations, 251-01-175 Final examination score, 251-22-180 Military leave without pay -- Reemployment, and 251-22-060 Vacation leave -- Accrual.

Purpose: These rules pertain to Veterans scoring in state employment examinations, military leave and vacation leave accrual.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: These rules modifications are needed as a result of SSB 5366, which became effective June 8, 2000, SSB 5263, which became effective May 2, 2001, and SB 6375, which becomes effective June 13, 2002.

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 pertain to veterans scoring in state employment examinations, military leave and vacation leave accrual. These modifications reflect statutory changes.

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 July 11, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 5, 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 July 5, 2002.

Date of Intended Adoption: July 11, 2002.

June 4, 2002

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 98-19-034, filed 9/10/98, effective 10/12/98)

WAC 356-22-220   Veterans ((preference)) scoring in examinations.   (((1) The term veteran as used in this rule shall include any person who has served in any branch of the armed forces of the United States during:

(a) World War II;

(b) The Korean Conflict;

(c) The Viet Nam Era, beginning August 5, 1964 and ending May 7, 1975;

(d) The Persian Gulf War, beginning August 2, 1990 and ending on the date prescribed by presidential proclamation or law;

(e) The following armed conflicts, if the participant was awarded the respective campaign badge or medal: the crisis in Lebanon; the invasion of Grenada; Panama, Operation Just Cause; Somalia, Operation Restore Hope; Haiti, Operation Uphold Democracy; and Bosnia, Operation Joint Endeavor; or

(f) Who has received the armed forces expeditionary medal, Marine Corps expeditionary medal, or Navy expeditionary medal, for opposed action on foreign soil.))

(1) In all competitive examinations, any veteran who submits the qualifying DD214 form, has honorably served in any branch of the armed forces, and did not serve during a period of war or in an armed conflict or is receiving military retirement shall have five percent added to their final passing score. The percentage shall be added until the person's first appointment and shall not be utilized in promotional examinations.

(((3))) (2) In all competitive examinations, veterans, as defined in subsection (4) of this section and upon submission of their qualifying DD214 form, shall be given ((a preference)) additional percentages by adding to the passing ((grade)) score, ((based upon a possible rating of 100 points as perfect,)) a percentage of such passing ((grade)) score under the following conditions:

(a) Ten percent to a veteran who ((is not receiving any veterans retirement payments)) served during a period of war or in an armed conflict and does not receive military retirement. ((This preference shall be utilized until one of the examinations results in a veteran's first appointment and not in any promotional examination.)) The percentage shall be added until the veteran's first appointment and shall not be utilized in promotional examinations.

(((b) Five percent to a veteran who is receiving any veterans retirement payments. This percentage shall be utilized until one of the examinations results in a veteran's first appointment and not in any promotional examination.))

(((c))) (b) Five percent to a veteran who((, after having previously received employment with the state, is called, or recalled, to active military service for one or more years during any period of war)) was called from state employment to active military service for one or more years. ((This preference shall be utilized on the first promotional examination only.)) The percentage shall be added to the first promotional examination only.

(((4))) (3) The ((above preference)) provisions in subsection (1) and (2) must be claimed within ((eight)) fifteen years of the date of release from active military service. This period may be extended by the director or designee for valid and extenuating reasons to include but not be limited to:

(a) Documented medical reasons beyond control of the veteran;

(b) United States department of veterans' affairs documented disabled veteran; or

(c) Any veteran who has his or her employment terminated through no fault or action of his or her own and whose livelihood is adversely affected may seek employment consideration under this section.

(4) The term veteran as used in subsection (2) of this section shall include any person who has served in any branch of the armed forces of the United States during:

(a) World War II;

(b) The Korean Conflict;

(c) The Viet Nam Era means:

(i) The period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period.

(ii) The period beginning August 5, 1964, and ending on May 7, 1975.

(d) The Persian Gulf War, beginning August 2, 1990 and ending on the date prescribed by presidential proclamation or law;

(e) The following armed conflicts, if the participant was awarded the respective campaign badge or medal: the crisis in Lebanon; the invasion of Grenada; Panama, Operation Just Cause; Somalia, Operation Restore Hope; Haiti, Operation Uphold Democracy; and Bosnia, Operation Joint Endeavor;

(f) The period beginning on the date of any future declaration of war by the congress and ending on the date prescribed by presidential proclamation or concurrent resolution of the congress; or

(((f))) (g) Who has received the armed forces expeditionary medal, Marine Corps expeditionary medal, or Navy expeditionary medal, for opposed action on foreign soil.

(2) Further, only persons who received an honorable discharge or who received a discharge for physical reasons with an honorable record or who were released from active duty under honorable circumstances shall be eligible for this veterans preference.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-22-220, filed 9/10/98, effective 10/12/98; 96-11-060, 356-22-220, filed 5/10/96, effective 6/6/96; 84-14-006 (Order 207), 356-22-220, filed 6/22/84; Order 68, 356-22-220, filed 6/25/74; Order 36, 356-22-220, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-260.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 89-06-028 (Order 314), filed 2/24/89, effective 4/1/89)

WAC 356-18-160   Military leave -- Reemployment.   (1) ((Any person who is a resident of this state and who voluntarily or upon demand vacates a position of employment other than temporary to determine physical fitness to enter or who actually does enter upon active duty or training in the Washington National Guard, the armed forces of the United States or the United States Public Health Service shall be reemployed under the conditions prescribed in RCW 73.16.031 through 73.16.061.)) A classified employee shall be entitled to military leave of absence without pay for service in the uniformed services of the United States or the state, and to reinstatement as provided in chapter 73.16 RCW.

(2) ((Such persons must:)) No adjustments shall be made to the seniority date, leave accrual rate, periodic increment date and anniversary date while an employee is on military leave.

(((a) Provide written notice to their employer within ninety days of the date of separation or release from training and service (rejected applicants must apply within thirty days from date of rejection);

(b) Furnish a receipt of honorable discharge, report of separation or certificate of satisfactory service or other proof of satisfactorily completed service (rejected applicants must furnish proof of orders for examination and rejection);

(c) Return to state service within three months after serving four years or less provided that any additional service imposed by law will not affect their reemployment rights (RCW 73.16.035). restore the individual to his/her former position, or to a position in the same or

(3) The employer shall, upon receipt of an individual's notice to return, similar class located within a reasonable commuting distance of the former position.

(4) Any person who is reemployed under the conditions prescribed in RCW 73.16.031 through 73.16.041 shall return without loss of seniority and be entitled to all rights and benefits.))

[Statutory Authority: RCW 41.06.150. 89-06-028 (Order 314), 356-18-160, filed 2/24/89, effective 4/1/89. Statutory Authority: RCW 41.06.150(17). 78-06-017 (Order 120), 356-18-160, filed 5/12/78; Order 36, 356-18-160, filed 7/1/71, effective 8/1/71. Formerly WAC 356-12-150, 356-12-160.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 96-11-061, filed 5/10/96, effective 6/6/96)

WAC 251-17-150   Veterans ((preference)) scoring in examinations.   (1) Any veteran who claims eligibility, submits the qualifying DD214 form, has honorably served in any branch of the armed forces, and did not serve during a period of war or in an armed conflict or is receiving military retirement shall have five percent added to their final passing score. The percentage shall be added until the person's first appointment and shall not be utilized in promotional examinations.

(((1))) (2) Veterans who claim ((veterans preference)) eligibility, submit the qualifying DD214 form, and meet the criteria specified in subsection((s)) (((2) through)) (4) of this section shall have added to their final passing scores:

(a) Ten percent of the final passing score for a veteran who ((is not receiving any veteran's retirement payments)) served during a period of war or in an armed conflict and does not receive military retirement. ((This preference shall be utilized in open-competitive examinations until the veteran's first appointment and not in any promotional examination.)) The percentage shall be added until the veteran's first appointment and shall not be utilized in promotional examinations.

(((b) Five percent of the final passing score for a veteran who is receiving any veteran's retirement payments. This preference shall be utilized in open-competitive examinations until the veteran's first appointment and not in any promotional examination.))

(((c))) (b) Five percent of the final passing score for a veteran who((, after having previously received employment with the state, is called, or recalled, to active military service for one or more years during any period of war)) was called from state employment to active military service for one or more years. ((This preference shall be limited to the first promotional examination following return from military service.)) The percentage shall be added to the first promotional examination only.

(((2))) (3) ((Veterans preference)) The provisions in subsection (1) and (2 of this section must be claimed within ((eight)) fifteen years of the date of release from active military service. This period may be extended by the personnel officer for valid and extenuating reasons to include but not be limited to:

(a) Documented medical reasons beyond control of the veteran;

(b) United States department of veterans' affairs documented disabled veteran; or

(c) Any veteran who has his or her employment terminated through no fault or action of his or her own and whose livelihood is adversely affected may seek employment consideration under this section.

(((3))) (4) The term "veteran" as used in ((these rules)) subsection (2) of this section shall include every person who has received an honorable discharge or received a discharge for physical reasons with an honorable record and:

(a) Has served in any branch of the armed forces of the United States between World War I and World War II or during any period of war; or

(b) Has served in any branch of the armed forces of the United States and received the armed forces expeditionary medal, or Marine Corps and Navy expeditionary medal, for opposed action on foreign soil.

(((4))) (5) A "period of war" includes:

(a) World War I;

(b) World War II;

(c) The Korean conflict;

(d) The Viet Nam era((, beginning August 5, 1964 and ending on May 7, 1975;)) means:

(i) The period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period.

(ii) The period beginning August 5, 1964, and ending on May 7, 1975.

(e) The Persian Gulf War, beginning August 2, 1990 and ending on the date prescribed by presidential proclamation or law;

(f) The following armed conflicts, if the participant was awarded the respective campaign badge or medal; the crisis in Lebanon; the invasion of Grenada; Panama, Operation Just Cause; Somalia, Operation Restore Hope; Haiti, Operation Uphold Democracy; and Bosnia, Operation Joint Endeavor; and

(g) The period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by presidential proclamation or concurrent resolution of the Congress.

[Statutory Authority: RCW 41.06.150. 96-11-061, 251-17-150, filed 5/10/96, effective 6/6/96. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), 251-17-150, filed 12/30/87, effective 2/1/88.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 88-02-017 (Order 164), filed 12/30/87, effective 2/1/88)

WAC 251-01-175   Final examination score.   An applicant's final passing score on an examination, plus any veterans ((preference)) or other applicable credits added in accordance with WAC 251-17-150 and/or 251-18-180 (((10)(b))).

[Statutory Authority: RCW 28B.16.100. 88-02-017 (Order 164), 251-01-175, filed 12/30/87, effective 2/1/88; 86-09-078 (Order 147), 251-01-175, filed 4/22/86.]


AMENDATORY SECTION(Amending Order 61, filed 8/30/77, effective 10/1/77)

WAC 251-22-180   Military leave without pay -- Reemployment.   (1) A classified employee shall be entitled to military leave of absence without pay for service in the ((armed forces)) uniformed services of the United States or the state, and to reinstatement ((to his/her former position or to one in the same class, with cumulative seniority and increments, upon application to the personnel officer within ninety calendar days after the expiration of such period of military service, in accordance with RCW 73.16.030 through 73.16.061)) as provided in chapter 73.16 RCW.

(2) No adjustments shall be made to the seniority date, leave accrual rate, periodic increment date and anniversary date while an employee is on military leave.

[Order 61, 251-22-180, filed 8/30/77, effective 10/1/77; Order 3, 251-22-180, filed 1/15/71.]


AMENDATORY SECTION(Amending WSR 98-19-035, filed 9/10/98, effective 10/12/98)

WAC 251-22-060   Vacation leave -- Accrual.   (1) Full-time employees eligible for vacation leave shall accrue vacation leave, to be credited monthly, at the following rates:

(a) During the first year of continuous state employment 12 days (8.0 hours per month);

(b) During the 2nd year of continuous state employment 13 days (8 hours, 40 minutes per month);

(c) During the 3rd and 4th years of continuous state employment 14 days (9 hours, 20 minutes per month);

(d) During the 5th through the 9th years of total state employment 15 days (10 hours per month);

(e) During the 10th year of total state employment 16 days (10 hours, 40 minutes per month);

(f) During the 11th year of total state employment 17 days (11 hours, 20 minutes per month);

(g) During the 12th year of total state employment 18 days (12 hours per month);

(h) During the 13th year of total state employment 19 days (12 hours, 40 minutes per month);

(i) During the 14th year of total state employment 20 days (13 hours, 20 minutes per month);

(j) During the 15th year of total state employment 21 days (14 hours per month);

(k) During the 16th and succeeding years of total state employment 22 days (14 hours, 40 minutes per month).

(2) Employees working less than full-time schedules shall accrue vacation leave credit on the same prorata basis that their appointment bears to a full-time appointment.

(3) Per the provisions of WAC 251-19-130(2), the scheduled period of cyclic year position leave of absence without pay shall not be deducted for purposes of computing the rate of vacation leave accrual for cyclic year position employees.

(4) The following shall apply for purposes of computing years of qualifying state employment:

(a) Employment in the legislative and/or the judicial branch shall not be credited;

(b) Employment exempt by the provisions of WAC 251-04-040(4) or employment in a state agency which is analogous to the conditions specified in WAC 251-04-040(4) shall not be credited;

(c) Each contract year of full-time faculty and/or administrative exempt employment within the higher education institutions shall be credited as a year of qualifying service;

(d) Employment in part-time classified positions shall be credited as full-time service.

(5) Vacation leave credits shall not accrue during a leave of absence without pay which exceeds ten working days in any calendar month, nor shall credit be given toward the rate of vacation leave accrual except during military leave without pay as provided in WAC 251-22-180.

[Statutory Authority: RCW 41.06.150. 98-19-035, 251-22-060, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 88-02-017 (Order 164), 251-22-060, filed 12/30/87, effective 2/1/88; 85-16-038 (Order 134), 251-22-060, filed 7/31/85, effective 9/1/85; 83-20-020 (Order 108), 251-22-060, filed 9/23/83, effective 10/24/83; 83-10-029 (Order 105), 251-22-060, filed 4/29/83, effective 6/1/83; 79-03-029 (Order 71), 251-22-060, filed 2/27/79, effective 4/2/79; Order 61, 251-22-060, filed 8/30/77, effective 10/1/77; Order 49, 251-22-060, filed 1/16/76; Order 47, 251-22-060, filed 11/19/75; Order 23, 251-22-060, filed 6/20/73, effective 1/1/74; Order 16, 251-22-060, filed 7/27/72, effective 7/1/73.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office