WSR 02-12-119



[ Filed June 5, 2002, 9:23 a.m. ]

Original Notice.

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

Title of Rule: WAC 251-18-190 Eligible lists -- Duration and 251-10-030 Layoff.

Purpose: These rules pertain to the duration of eligible lists and layoff for higher education state employees.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: These modifications are intended to clarify how layoff rights and options are determined for employees who have held status in classes that have been revised or abolished by a classification review or study.

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 the duration of eligible lists and layoff for higher education state employees.

These modifications are intended to clarify how layoff rights and options are determined for employees who have held status in classes that have been revised or abolished by a classification review or study.

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


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

WAC 251-18-190   Eligible lists -- Duration.   (1) The duration of eligibility on a list begins the date the name is placed on the list and ends as follows:

(a) After two years on an institution-wide layoff list or state-wide layoff list;

(b) After one year on an organizational unit or institution-wide promotional list, special employment program layoff list, interinstitutional employee list or intersystem employee list;

(c) After six months on an open competitive or noncompetitive list.

(2) Prior to the original expiration date of a name on an institution-wide layoff list, an organizational unit promotional list, an institution-wide promotional list, a special employment program layoff list, an interinstitutional employee list, or an intersystem employee list, the eligible shall be notified of the expiration and given the opportunity to extend eligibility for one additional year by written request to the personnel officer.

(3) The personnel officer may extend an entire eligible list for the following periods:

(a) Six months for open competitive and noncompetitive lists;

(b) One year for all other lists.

(4) The personnel officer shall cancel the entire eligible list when the class or examination has been changed to the degree that the list would be invalid. All affected eligibles shall be notified of the cancellation.

(5) If an institution-wide layoff list or statewide layoff list is cancelled because of a class revision or abolishment, the personnel officer shall place eligibles on the institution-wide layoff list or the statewide layoff list for the new or revised class which describes the work they were performing at the time they held permanent status in the old class. The duration of eligibility on the new list is unchanged.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-078, 251-18-190, filed 9/14/93, effective 10/1/93. Statutory Authority: RCW 28B.16.100. 85-04-019 (Order 123), 251-18-190, filed 1/30/85; 84-10-056 (Order 115), 251-18-190, filed 5/2/84; Order 61, 251-18-190, filed 8/30/77, effective 10/1/77; Order 32, 251-18-190, filed 3/19/74; Order 21, 251-18-190, filed 5/24/73; Order 4, 251-18-190, filed 2/19/71.]

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

WAC 251-10-030   Layoff.   (1) An appointing authority may layoff or reduce the number of working hours or the work year of an employee without prejudice because of lack of funds or lack of work and/or for good faith reorganization for efficiency purposes.

(2) Each institution shall develop for approval by the director a layoff procedure based upon layoff seniority as defined in WAC 251-01-245, to include as a minimum:

(a) Clearly defined layoff unit(s), in order to minimize the disruption of an institution's total operation, and

(b) Provision for veterans preference for eligible veterans and their unmarried widows/widowers as defined in WAC 251-10-045.

(3) A permanent status employee shall receive at least 20 calendar days written notice of layoff, including no less than three working days in which to select placement on layoff list(s) and/or an option in lieu of layoff as provided in subsections (4) and (5) of this section. Such written notice shall be furnished directly to the employee during his/her scheduled working hours or mailed by certified letter to the employee's last known address because the employee is not available for personal service. If the notification is furnished directly to the employee, the day it is furnished shall not be counted as a day of notice. If the notification is mailed, the day of mailing shall not be counted as a day of notice, and the notice shall be considered to be received the day after it is postmarked. If the notification is mailed, the employee shall be given no less than five working days in which to select placement on the layoff list(s) and/or an option in lieu of layoff.

(4) Within the layoff unit, a permanent status employee scheduled for layoff shall be offered employment options to position(s):

(a) For which he/she meets any specific position requirements;

(b) Which are comparable, as determined by the personnel officer; and

(c) Which are in:

(i) Class(es) in which the employee has held permanent status which have the same or lower salary range maximum as the current class;

(ii) Lower class(es) in those same class series for which the employee is qualified.

The employee may exercise either option subsection (4)(c)(i) or (ii) of this section provided that the employee being replaced is the least senior in a comparable position in the class and has less layoff seniority than the employee replacing him/her. A vacant position, if available, should be considered to be the position in the class held by the least senior person. The employee may elect to have access to less-than-comparable positions by so notifying the personnel officer in writing.

(5) Except as provided in WAC 251-10-035, a permanent employee scheduled for layoff who has no options available under subsection (4) of this section shall be offered position(s) as follows:

(a) The personnel officer will offer in writing not less than three positions from among the highest available classes (unless the total available is less than three); provided that any position(s) offered must be:

(i) At the same level or lower than the class from which the employee is being laid off; and

(ii) Vacant or held by a provisional, temporary, or probationary employee; and

(iii) In a class for which the employee being laid off meets the minimum qualifications and can pass the appropriate qualifying examination.

(b) The employee will be required to indicate within three working days his/her interest in a specific class(es) so that the personnel officer may schedule the appropriate examination(s).

(c) Upon satisfactory completion of the examination(s) the employee will be offered option(s) to specific position(s), including salary information.

(d) Employees appointed to positions through provisions of this subsection will be required to serve a trial service period.

(6) In order to be offered a layoff option or return from layoff to a position for which specific position requirements have been documented in accordance with WAC 251-18-255(1), the employee must demonstrate a satisfactory level of knowledge, skill, or ability on the specific position requirements.

(7) In a layoff action involving a position for which a particular sex is a bona fide occupational requirement, as approved by the Washington state human rights commission, the most senior employee meeting the occupational requirements may be retained in the position over more senior employees in such class who do not meet the occupational requirement.

(8) When it is determined that layoffs will occur within a unit, the personnel officer will:

(a) Provide a copy of the institution's reduction in force procedure to all employees subject to layoff;

(b) Advise each employee in writing of available options in lieu of layoff;

(c) Advise each employee in writing of the specific layoff list(s) upon which he/she may be placed as required per WAC 251-10-055 and 251-10-035;

(d) Provide information about the process by which the employee may make application for state-wide layoff lists, as required per WAC 251-10-060(7);

(e) Advise each employee in writing of the right to appeal his/her layoff to the personnel appeals board per WAC 251-12-080.

(9) Layoff actions for employees of special employment programs as identified in WAC 251-19-150 shall be administered as provided in WAC 251-10-035.

(10) When determining layoff options as provided in subsection (4) of this section, if a class in which an employee has previously held permanent status has been revised or abolished, the personnel officer shall determine the existing classification to offer as a layoff option. This determination shall be based upon the duties the employee was performing at the time they held permanent status in the class.

[Statutory Authority: RCW 41.06.150. 98-19-035, 251-10-030, filed 9/10/98, effective 10/12/98; 98-03-051, 251-10-030, filed 1/16/98, effective 3/1/98. Statutory Authority: RCW 41.06.150 and chapter 41.06 RCW. 96-13-078, 251-10-030, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 28B.16.100. 93-01-155, 251-10-030, filed 12/23/92, effective 2/1/93; 88-22-057 (Order 174), 251-10-030, filed 11/1/88; 88-02-017 (Order 164), 251-10-030, filed 12/30/87, effective 2/1/88; 87-02-036 (Order 154), 251-10-030, filed 1/2/87, effective 2/1/87; 85-16-038 (Order 134), 251-10-030, filed 7/31/85, effective 9/1/85; 82-07-074 (Order 94), 251-10-030, filed 3/23/82; 79-07-096 (Order 76), 251-10-030, filed 6/29/79, effective 8/1/79; 79-03-029 (Order 71), 251-10-030, filed 2/27/79, effective 4/2/79; Order 61, 251-10-030, filed 8/30/77, effective 10/1/77; Order 44, 251-10-030, filed 6/25/75; Order 41, 251-10-030, filed 3/17/75; Order 35, 251-10-030, filed 7/23/74; Order 32, 251-10-030, filed 3/19/74; Order 8, 251-10-030, filed 6/17/71, effective 7/19/71; Order 4, 251-10-030, filed 2/19/71; Order 1, 251-10-030, filed 9/15/69.]

Washington State Code Reviser's Office