WSR 98-15-036
PROPOSED RULES
PERSONNEL RESOURCES BOARD
[Filed July 8, 1998, 8:12 a.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: New WAC 251-01-018 Agency and 251-01-201 Higher education system or higher education rules; amending WAC 251-01-030 Annual performance evaluation, 251-01-045 Board, 251-01-110 Director, 251-01-150 Examinations, 251-01-160 Executive head exemption, 251-01-305 Principal assistant exemption, 251-01-365 Related boards, 251-01-410 System examination, 251-04-030 Scope, 251-04-040 Exemptions, 251-04-050 Powers--Duties of the board, 251-04-060 Director, 251-04-070 Personnel officers, 251-04-160 Federal preemption--Fair Labor Standards Act, 251-04-170 Americans with Disabilities Act of 1990--Federal and state preemption, 251-05-010 Purpose, 251-05-030 Description and location of departmental organization, 251-05-040 Method of operation, 251-05-060 Records--Availability--Copies, 251-05-070 Exemptions--Public records, 251-06-020 Classification plan--Adoption, 251-06-070 Allocation appeal, 251-06-090 Probationary period--Duration, 251-07-100 Temporary appointment records, 251-08-021 Compensation plans--Salary survey, 251-08-051 Compensation plans--Implementation, 251-08-090 Salary--Periodic increment, 251-08-100 Periodic increment date, 251-08-160 Payroll certification, 251-10-030 Layoff, 251-10-035 Layoff--Special employment programs, 251-11-030 Demotion, suspension, reduction, dismissal--Cause for, 251-11-050 Dismissal--Grounds for--Notice, 251-11-090 Withdrawal or amendment of charges--Time limitation, 251-11-120 Probationary period--Rejection, 251-11-130 Trial service reversion, 251-12-073 Appeals from exempt status, 251-12-075 Appeals from alleged violations of higher education personnel law or rules, 251-12-076 Appeals from denial of parental leave requests, 251-12-080 Appeals from demotion, suspension, layoff, reduction in salary, separation, dismissed, 251-12-099 Filing of prehearing statements, 251-12-100 Hearings before the board, 251-12-104 Prehearing procedures--Exhibits, 251-12-105 Scheduling of hearings, 251-12-220 Subpoenas--Quashing, 251-12-230 Discovery--Depositions--Interrogatories, 251-12-232 Prehearing conference, 251-12-260 Restoration of rights, 251-12-500 Relief from effect of board's order, 251-12-600 Remedial action, 251-14-052 Union shop representative election, 251-14-060 Contents of written agreements, 251-14-070 Unfair labor practices--Management--Employee organizations, 251-14-082 Investigation of and disposition of unfair labor practice charges, 251-14-085 Amendment of complaint or answer--Unfair labor practice, 251-14-087 Enforcement--Unfair labor practice, 251-14-130 Arbitration--Grievance--Procedure, 251-17-120 Examinations--Evaluation of, 251-19-060 Trial service period, 251-19-110 Permanent classified employee interinstitutional and intersystem movement, 251-19-120 Appointment--Temporary, 251-19-122 Written notification of temporary appointment, 251-19-140 Apprenticeship programs, 251-19-157 Workers' compensation--Return-to-work--Program, 251-20-010 Employee performance evaluation--Authority, purpose, use, 251-22-040 Holidays, 251-22-060 Vacation leave--Accrual, 251-22-165 Workers' compensation--Leave, 251-23-010 Affirmative action--Authority, 251-23-020 Affirmative action plans--Requirements--Approval, 251-23-030 Affirmative action plans--Monitoring progress--Reporting, 251-24-010 Employee development--Authority, purpose, objective, 251-24-030 Training and development programs--Contents, 251-24-040 Higher education system training, and 251-25-050 State internship program--Application of rules; and repealing WAC 251-01-205 Hearing examiner, 251-04-150 State Environmental Policy Act, 251-08-040 Compensation plans--Submission to governor, 251-12-085 Hearing examiners, 251-12-096 Declaratory orders, 251-12-097 Declaratory orders--Form, 251-12-290 Superior court appeals--Preparation of record--Time limitations--Cost, and 251-12-300 Superior court appeals--Consideration of record.
Purpose: See Title of Rule above.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Summary: These rules are for clarification and are housekeeping in nature.
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.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: These rules are for clarification and are housekeeping in nature.
Proposal Changes the Following Existing Rules: See Explanation of Rule above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
Section 201, chapter 403, Laws of 1995, 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 September 10, 1998, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Department of Personnel by September 3, 1998, 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 September 8, 1998.
Date of Intended Adoption: September 10, 1998.
July 1, 1998
Dennis Karras
Secretary
NEW SECTION
WAC 251-01-018 Agency. An office, department, board, commission, or other separate unit or division, however designated, of the state government and all personnel thereof. It includes any unit of state government established by law, the executive officer or members of which are either elected or appointed, upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature. Unless the context otherwise requires, use of the term "agency" in WAC 251 means general government agencies and does not include institutions of higher education.
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AMENDATORY SECTION (Amending WSR 86-09-078 (Order 147), filed 4/22/86)
WAC 251-01-030 Annual performance evaluation. The official
annual performance rating of an employee recorded on a form
approved by the ((board)) director.
[Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), § 251-01-030, filed 4/22/86.]
AMENDATORY SECTION (Amending WSR 86-09-078 (Order 147), filed 4/22/86)
WAC 251-01-045 Board. The ((higher education)) Washington
personnel resources board ((established under the provisions of
the higher education personnel law)).
[Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), § 251-01-045, filed 4/22/86.]
AMENDATORY SECTION (Amending WSR 87-21-089 (Order 163), filed 10/21/87)
WAC 251-01-110 Director. The director of the ((higher
education)) department of personnel ((board)). ((The director
may delegate in writing his/her authority to a higher education
personnel board staff member.))
[Statutory Authority: RCW 28B.16.100. 87-21-089 (Order 163), § 251-01-110, filed 10/21/87; 86-09-078 (Order 147), § 251-01-110, filed 4/22/86.]
AMENDATORY SECTION (Amending WSR 86-09-078 (Order 147), filed 4/22/86)
WAC 251-01-150 Examinations. Any measures or assessments
used in the process of identifying names for certification to
vacancies in accordance with chapter 41.06 RCW ((28B.16.100(2)))
and WAC 251-18-240. Examinations include examination content,
administration, and evaluation.
[Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), § 251-01-150, filed 4/22/86.]
AMENDATORY SECTION (Amending WSR 86-09-078 (Order 147), filed 4/22/86)
WAC 251-01-160 Executive head exemption. Executive heads
of major academic or administrative divisions are analogous in
the hierarchy to vice-presidents, deans and chairmen. Directors
may be executive heads as determined by the ((higher education
personnel)) board. An executive head is in charge of a separate
budget unit and directs subordinates.
[Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), § 251-01-160, filed 4/22/86.]
NEW SECTION
WAC 251-01-201 Higher education system or higher education rules. The system of personnel administration that applies to classified employees or positions under the jurisdiction of chapter 41.06 RCW and exclusively under those chapters of Title 251 WAC that are adopted by the board.
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REPEALER
WAC 251-01-205 Hearing examiner.
AMENDATORY SECTION (Amending WSR 86-09-078 (Order 147), filed 4/22/86)
WAC 251-01-305 Principal assistant exemption. Individuals
qualifying for exemption under this category function as second-in-command in importance levels. The individual may perform many
of the functions of his/her superior in the superior's absence,
or alternatively may have major administrative or program
responsibilities. Reporting relationships will not be below that
of the executive head. In some institutions an executive head
may have more than one principal assistant as determined by the
((higher education personnel)) board.
[Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), § 251-01-305, filed 4/22/86.]
AMENDATORY SECTION (Amending WSR 86-09-078 (Order 147), filed 4/22/86)
WAC 251-01-365 Related boards. The state board for
community and technical colleges; ((education, the council for
postsecondary education, the higher education personnel board,))
and such other boards, councils, and commissions related to
institutions of higher education as may be established. For
purposes of application of these rules, the term "institution"
shall be considered to include these related boards, unless
specifically indicated to the contrary.
[Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), § 251-01-365, filed 4/22/86.]
AMENDATORY SECTION (Amending WSR 86-09-078 (Order 147), filed 4/22/86)
WAC 251-01-410 System examination. An examination
developed to meet the requirements of all institutions in the
((HEPB)) higher education system and approved by the director for
use by all such institutions.
[Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), § 251-01-410, filed 4/22/86.]
AMENDATORY SECTION (Amending WSR 93-19-147 (Order 432), filed 9/22/93, effective 10/23/93)
WAC 251-04-030 Scope. The provisions of these rules shall
apply to all personnel of the higher education
institutions/related boards except those exempted under the
provisions of WAC 251-04-040. These rules and the compensation
and classification plans adopted hereunder shall continue to
apply as before and shall not be used interchangeably with
((those adopted by the former state personnel board)) Title 356
WAC. Further, these rules and compensation and classification
plans shall continue to apply as before until such time as the
((Washington personnel resources)) board has had adequate time to
review and consider changes to the existing rules and plans.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 251-04-030, filed 9/22/93, effective 10/23/93; Order 61, § 251-04-030, filed 8/30/77, effective 10/1/77; Order 1, § 251-04-030, filed 9/15/69.]
AMENDATORY SECTION (Amending WSR 94-16-049, filed 7/27/94, effective 9/1/94)
WAC 251-04-040 Exemptions. The following classifications, positions, and employees of higher education institutions/related boards are hereby exempted from coverage of this chapter.
(1) Members of the governing board of each institution/related board; all presidents, vice-presidents and their confidential secretaries, administrative and personal assistants; deans, directors, and chairs; academic personnel; executive heads of major administrative or academic divisions employed by institutions of higher education; principal assistants to executive heads of major administrative or academic divisions; other managerial or professional employees in an institution or related board having substantial responsibility for directing or controlling program operations and accountable for allocation of resources and program results, or for the formulation of institutional policy, or for carrying out personnel administration or labor relations functions, legislative relations, public information, development, senior computer systems and network programming, or internal audits and investigations; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington.
(2) Students employed by the institution at which they are enrolled (or related board) and who either:
(a) Work five hundred sixteen hours or less in any six consecutive months, exclusive of hours worked in a temporary position(s) during the summer and other breaks in the academic year, provided such employment does not:
(i) Take the place of a classified employee laid off due to lack of funds or lack of work; or
(ii) Fill a position currently or formerly occupied by a classified employee during the current or prior calendar or fiscal year, whichever is longer;
(b) Are employed in a position directly related to their major field of study to provide training opportunity; or
(c) Are elected or appointed to a student body office or student organization position such as student officers or student news staff members.
(3) Students participating in a documented and approved programmed internship which consists of an academic component and work experience.
(4) Students employed through the state or federal work/study programs.
(5) Persons employed to work one thousand fifty hours or less in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later. Such an appointment may be subject to remedial action in accordance with WAC 251-12-600, if the number of hours worked exceeds one thousand fifty hours in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, exclusive of overtime or work time as described in subsection (2) of this section.
(6) Part-time professional consultants retained on an independent part-time or temporary basis such as physicians, architects, or other professional consultants employed on an independent contractual relationship for advisory purposes and who do not perform administrative or supervisory duties.
(7) Staff employed by Washington State University to administer energy education, applied research, and technology transfer programs under RCW 43.21F.045 as provided in RCW 28B.30.900(5).
(8) Printing craft employees in the department of printing at the University of Washington.
(((7))) (9) The director, his/her confidential secretary,
assistant directors, and professional education employees of the
state board for community and technical colleges ((education)).
(((8) The personnel director of the higher education
personnel board and his confidential secretary.))
(((9))) (10) The governing board of each institution/related
board may also exempt from this chapter, subject to the employee's right of appeal to the ((higher education)) personnel
appeals board, classifications involving research activities,
counseling of students, extension or continuing education
activities, graphic arts or publications activities requiring
prescribed academic preparation or special training, as
determined by the ((higher education)) Washington personnel
resources board: Provided, That no nonacademic employee engaged
in office, clerical, maintenance, or food and trades services may
be exempted by the ((higher education)) Washington personnel
resources board under this provision.
(((10))) (11) ((Any employee who believes that any
classification should or should not be exempt, or any employee
because of academic qualifications which would enable such
employee to teach and thus be exempt, may appeal to the board in
the same manner as provided in WAC 251-12-080, et seq.)) Any
person holding a classified position subject to the provisions of
this chapter shall, when and if such position is subsequently
exempted from the application of this chapter, be afforded the
following right: If such person previously held permanent status
in another classified position, such person shall have a right of
reversion to the highest class of position previously held, or to
a position of similar nature and salary. Any employee whose
position has been exempted after July 1, 1993, shall have the
right to appeal to the personnel appeals board created by RCW
41.64.010 not later than thirty days after the effective date of
such action.
(((11))) (12) Any classified employee having civil service
status in a classified position who accepts an appointment in an
exempt position shall have the right of reversion to the highest
class of position previously held, or to a position of similar
nature and salary. Application for return to classified service
must be made not later than thirty calendar days following the
conclusion of the exempt appointment. A person occupying an
exempt position who is terminated from the position for gross
misconduct or malfeasance does not have the right of reversion to
a classified position as provided for in this section.
(((12))) (13) When action is taken to convert an exempt
position to classified status, the effect upon the incumbent of
such position shall be as provided in WAC 251-19-160.
[Statutory Authority: Chapter 41.06 RCW and 41.06.150. 94-16-049, § 251-04-040, filed 7/27/94, effective 9/1/94. Statutory Authority: RCW 41.06.040 and 41.06.150. 94-02-031, § 251-04-040, filed 12/29/93, effective 2/1/94; 93-19-147 (Order 432), § 251-04-040, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 28B.16.100. 90-17-037, § 251-04-040, filed 8/10/90, effective 10/1/90; 90-06-023, § 251-04-040, filed 2/28/90, effective 4/1/90. Statutory Authority: RCW 28B.16.100, 28B.16.040(2) and 70.24.300. 90-01-007, § 251-04-040, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), § 251-04-040, filed 6/21/89, effective 10/1/89; 88-15-023 (Order 170), § 251-04-040, filed 7/12/88; 88-02-017 (Order 164), § 251-04-040, filed 12/30/87, effective 2/1/88; 87-02-036 (Order 154), § 251-04-040, filed 1/2/87, effective 2/1/87; 84-16-067 (Order 119), § 251-04-040, filed 7/31/84; 82-16-002 (Order 98), § 251-04-040, filed 7/22/82, effective 9/1/82; 82-04-069 (Order 93), § 251-04-040, filed 2/3/82; 78-10-090 (Order 70), § 251-04-040, filed 9/29/78, effective 11/1/78; Order 64, § 251-04-040, filed 12/23/77, effective 1/23/78; Order 63, § 251-04-040, filed 11/22/77, effective 12/22/77; Order 61, § 251-04-040, filed 8/30/77, effective 10/1/77; Order 10, § 251-04-040, filed 12/16/71; Order 4, § 251-04-040, filed 2/19/71; Order 1, § 251-04-040, filed 9/15/69.]
AMENDATORY SECTION (Amending WSR 96-11-063, filed 5/10/96, effective 6/6/96)
WAC 251-04-050 ((Higher education personnel)) Powers--Duties of the board. (((1) The higher education personnel board
is composed of three members appointed by the governor, subject
to confirmation by the senate. Each odd-numbered year the
governor shall appoint a member for a six-year term. Persons so
appointed shall have clearly demonstrated an interest and belief
in the merit principle, shall not hold any other employment with
the state, shall not have been an officer of a political party
for a period of one year immediately prior to such appointment,
and shall not be or become a candidate for partisan elective
public office during the term to which they are appointed.
(2) Each member of the board is eligible to receive
compensation in an amount not to exceed one hundred dollars for
each day during which the member attends an official meeting of
the board or performs statutorily prescribed duties approved by
the chairperson of the board. The members of the board may
receive any number of daily payments for official meetings of the
board actually attended. Members of the board shall also be
reimbursed for necessary travel and other expenses incurred in
the discharge of their official duties on the same basis as is
provided for state officers and employees generally, in
accordance with RCW 43.03.050 and 43.03.060.
(3) At its first meeting following the appointment of all
its members, and annually thereafter, the board shall elect a
chairman and vice chairman from among its members to serve one
year. The presence of at least two members of the board shall
constitute a quorum to transact business. A written public
record shall be kept by the board of all actions of the board.
(4) In the necessary conduct of its work, the board shall
meet monthly unless there is no pending business requiring board
action. Meetings shall be held on campuses of the various state
institutions of higher education. Meetings may be called by the
chairman of the board, or a majority of the members of the board.
Hearings may be conducted by a hearing officer duly appointed by
the board. An official notice of the calling of a hearing shall
be filed with the director and all members of the board shall be
notified.
(5) No release of material, or statement of findings shall
be made except with the approval of a majority of the board.
(6) In the conduct of hearings or investigations, a member
of the board, or the director, or the hearing officer appointed
to conduct the hearing, may administer oaths.
(7) It shall be the duty of the board to promulgate rules
and regulations providing for employee participation in the
development and administration of personnel policies. To assure
this right, personnel policies, rules, classification and pay
plans, and amendments thereto, shall be acted on only after the
board has given twenty calendar days' notice to, and considered
proposals from employee representatives and institutions/related
boards affected. In matters involving the various state
community colleges, notice shall also be given to the state board
for community college education. Complete and current
compilations of all rules and regulations of the board in
printed, mimeographed, or multigraphed form shall be available
from the board without charge.
(8) The higher education personnel board shall adopt rules,
consistent with the purposes and provisions of this chapter and
with the best standards of personnel administration, regarding
the basis and procedures to be followed for:
(a) The dismissal, suspension, or demotion of an employee,
and appeals therefrom;
(b) Certification of names for vacancies, including
promotions, with the number of names equal to six more names than
there are vacancies to be filled, such names representing
applicants rated highest on eligibility lists;
(c) Examination for all positions in the competitive and
noncompetitive service;
(d) Appointments;
(e) Probationary periods of six to twelve months and
rejections therein depending on the job requirements of the
class;
(f) Transfers;
(g) Sick leaves and vacations;
(h) Hours of work;
(i) Layoffs when necessary and subsequent reemployment
according to seniority;
(j) Determination of appropriate bargaining units within any
institution or related board: Provided, That in making such
determination the board shall consider the duties, skills, and
working conditions of the employees, the history of collective
bargaining by the employees and their bargaining representatives,
the extent of organization among the employees and the desires of
the employees;
(k) Certification and decertification of exclusive
bargaining representatives;
(l) Agreements between institutions or related boards and
certified exclusive bargaining representatives providing for
grievance procedures and collective negotiations on all personnel
matters over which the institution/related board may lawfully
exercise discretion; written agreements may contain provisions
for payroll deductions of employee organization dues upon
authorization by the employee member and for the cancellation of
such payroll deduction by the filing of a proper prior notice by
the employee with the appointing authority and the employee
organization: Provided, That nothing contained herein permits or
grants to any employee the right to strike or refuse to perform
his/her official duties;
(m) Adoption and revision of comprehensive classification
plans for all positions in the classified service, based on
investigation and analysis of the duties and responsibilities of
each such position: In adopting these revisions the board shall
comply with SSB 6767 of 1996, RCW 41.06.150(15), and chapter
43.88 RCW;
(n) Allocation and reallocation of positions within the
classification plans;
(o) Adoption and revision of salary schedules and
compensation plans as provided in chapter 251-08 WAC;
(p) Training programs including in-service, promotional, and
supervisory;
(q) Increment increases within the series of steps for each
pay grade; and
(r) Veteran's preference as provided by existing statutes.
(9) After consultation with institution heads, employee
organizations, and other interested parties, the board shall
develop standardized employee performance evaluation procedures
and forms which shall be used by institutions of higher education
for the appraisal of employee job performance at least annually.
These procedures shall include means whereby individual
institutions may supplement the standardized evaluation process
with special performance factors peculiar to specific
organizational needs. This evaluation procedure shall place
primary emphasis on recording how well the employee has
contributed to efficiency, effectiveness, and economy in
fulfilling institution and job objectives.))
(1) It shall be the responsibility of the personnel board to:
(a) Establish general policies for the administration of merit system examinations and the hearing of personnel appeals.
(b) Make rules and regulations providing for employee participation in the development and administration of personnel policies.
(c) Hear personnel appeals.
(d) Promote public understanding of the purposes, policies, and practices of the merit system.
(2) The board shall adopt and promulgate rules and regulations consistent with the purposes and provisions of the state civil service law and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
(a) The demotion, suspension, reduction in salary or dismissal of an employee and appeals therefrom.
(b) Certification of names for vacancies including departmental promotions.
(c) Examinations for all positions in the competitive and noncompetitive service.
(d) Appointments.
(e) Probationary periods of six to twelve months and rejections therein.
(f) Transfers.
(g) Sick and vacation leaves.
(h) Hours of work.
(i) Layoffs, when necessary, and subsequent reemployment.
(j) Agreements between institutions/related boards and certified exclusive representatives providing for grievance procedures and collective negotiations on personnel matters.
(k) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of duties and responsibilities of each position. In adopting these revisions the board shall comply with RCW 41.06.152, RCW 41.06.150(15), and chapter 43.88 RCW.
(l) Allocation and reallocation of positions within the classification plan.
(m) Adoption and revision of a state salary schedule to reflect not less than the prevailing rates in Washington state private industries and other governmental units for positions of a similar nature, with adoption and revision subject to approval by the director of the office of financial management in accordance with the provisions of chapter 43.88 RCW.
(n) Training programs, including in-service, promotional and supervisory.
(o) Regular increments within the series of steps for each pay range, based on length of service for all employees whose standards of performance are such as to permit them to retain job status within the classified service.
(p) Compliance with existing veterans preference statutes.
[Statutory Authority: RCW 41.06.150. 96-11-063, § 251-04-050, filed 5/10/96, effective 6/6/96; 95-19-055, § 251-04-050, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 251-04-050, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 28B.16.100. 86-09-077 (Order 149), § 251-04-050, filed 4/22/86, effective 6/1/86. Statutory Authority: Chapter 28B.16 RCW. 85-20-048 (Order 135), § 251-04-050, filed 9/25/85, effective 11/1/85. Statutory Authority: RCW 28B.16.100. 84-12-047 (Order 117), § 251-04-050, filed 6/1/84; 82-16-002 (Order 98), § 251-04-050, filed 7/22/82, effective 9/1/82; Order 61, § 251-04-050, filed 8/30/77, effective 10/1/77; Order 1, § 251-04-050, filed 9/15/69.]
AMENDATORY SECTION (Amending WSR 95-19-099, filed 9/20/95, effective 11/1/95)
WAC 251-04-060 Director. (((1) The personnel director
appointed by the governor shall be the chief staff officer for
the board. In preparing matters for consideration by the board
and in coordinating the implementation of the board's rules and
regulations, the director shall work in conjunction with the
campus personnel officers and their staffs at each institution of
higher education, and in the case of community colleges, with the
state board for community and technical colleges. When
necessary, the director may request the creation of task forces
drawn from the four-year institutions of higher education, and
representatives of the various state community colleges through
the state board for community and technical colleges, for the
accomplishment of any projects undertaken by the board. The
director may employ necessary personnel for the board, and the
board may appoint and compensate hearing officers to hear and
conduct appeals. The board shall establish an office for the
conduct of its business.))
(((2))) (1) The director shall periodically and at such
other times as may be necessary, audit and review the personnel
administration and management at each institution and related
board.
All relevant files and records of appointing authorities and personnel officers shall be made available to the director at any time.
(((3))) (2) The director shall take any action necessary to
ensure and enforce compliance with ((the higher education
personnel law)) chapter 41.06 RCW and these rules.
(((4))) (3) The director of personnel may delegate to the
personnel officer of any higher education institution or related
board the director's authority to perform administrative and
technical activities if such authority is requested. When an
institution or related board requests a delegation of the
director's authority, the requesting person shall concurrently
send a copy of the request to any affected exclusive
representative. After an authority has been delegated, if an
employee or the employee's exclusive representative files a
written complaint with the director regarding a delegated
authority, the director shall conduct a timely investigation. If
the director of personnel determines that an institution or
related board is not appropriately performing delegated
activities, the director may withdraw the authority to perform
such activities. Delegation of the director's authority is
separate from the statutory local administration in RCW
41.06.520.
[Statutory Authority: RCW 41.06.150. 95-19-099, § 251-04-060, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 28B.16.100. 92-20-043, § 251-04-060, filed 9/30/92, effective 11/1/92; Order 61, § 251-04-060, filed 8/30/77, effective 10/1/77; Order 51, § 251-04-060, filed 1/20/76; Order 1, § 251-04-060, filed 9/15/69.]
AMENDATORY SECTION (Amending WSR 82-16-002 (Order 98), filed 7/22/82, effective 9/1/82)
WAC 251-04-070 Personnel officers. (1) Each higher
education institution/related board shall designate an officer
who shall perform duties as personnel officer. The personnel
officer shall direct, supervise, and manage administrative and
technical personnel activities for the classified service
consistent with policies established by the institution/related
board and in accordance with the provisions of ((the higher
education personnel act)) chapter 41.06 RCW and the rules and
regulations approved and promulgated thereunder. Institutions
may undertake jointly with one another to appoint a person
qualified to perform the duties of personnel officer, provide
staff and financial support and may engage consultants to assist
in the performance of specific projects.
(2) The state board for community and technical colleges
((education)) shall have general supervision and control over
activities undertaken by the various state community colleges.
(3) Rules adopted by the ((higher education personnel))
board shall provide for local administration and management by
the higher education institutions/related boards, subject to
periodic audit and review by the board, of the following:
(a) Appointment, promotion, and transfer of employees.
(b) Dismissal, suspension, or demotion of employees.
(c) Examinations for all positions in the competitive and noncompetitive service.
(d) Probationary periods of six to twelve months and retention and rejections therein.
(e) Sick leaves and vacations.
(f) Hours of work.
(g) Layoffs when necessary and subsequent reemployment.
(h) Allocation and reallocation of positions within the classification plans.
(i) Training programs.
(j) Maintenance of personnel records.
[Statutory Authority: RCW 28B.16.100. 82-16-002 (Order 98), § 251-04-070, filed 7/22/82, effective 9/1/82; Order 61, § 251-04-070, filed 8/30/77, effective 10/1/77; Order 1, § 251-04-070, filed 9/15/69.]
REPEALER
WAC 251-04-150 State Environmental Policy Act.
AMENDATORY SECTION (Amending WSR 91-13-011, filed 6/7/91, effective 6/7/91)
WAC 251-04-160 Federal preemption--Fair Labor Standards
Act. Institutions shall comply with ((higher education
personnel)) the board rules (Title 251 WAC) unless doing so would
cause them to violate the Fair Labor Standards Act (29 U.S.C. 201
et seq.).
[Statutory Authority: Chapter 28B.16 RCW. 91-13-011, § 251-04-160, filed 6/7/91, effective 6/7/91.]
AMENDATORY SECTION (Amending WSR 98-08-024, filed 3/20/98, effective 5/1/98)
WAC 251-04-170 Americans with Disabilities Act of 1990--Federal and state preemption. Institutions shall comply with
((personnel resources)) the board rules (Title 251 WAC) unless
doing so would cause them to violate state laws, chapter 49.60
RCW, or the federal Americans with Disabilities Act of 1990.
[Statutory Authority: RCW 41.06.150. 98-08-024, § 251-04-170, filed 3/20/98, effective 5/1/98.]
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 Order 61, filed 8/30/77, effective 10/1/77)
WAC 251-05-010 Purpose. The purpose of this chapter shall
be to insure compliance by the ((higher education)) department of
personnel ((board)) with the provisions of chapter 42.17 RCW
((42.17.250 through 42.17.340)).
[Order 61, § 251-05-010, filed 8/30/77, effective 10/1/77; Order 21, § 251-05-010, filed 5/24/73.]
AMENDATORY SECTION (Amending Order 61, filed 8/30/77, effective 10/1/77)
WAC 251-05-030 ((HEPB--Location--Organization--Jurisdiction)) Description and location of departmental
organization. (1) The ((higher education personnel board is
quartered at 1202 Black Lake Boulevard)) central office of the
Department of Personnel is located at 521 Capitol Way S.,
Olympia, Washington ((98504)). The staff at this location
provides personnel services regarding affirmative action,
recruitment, examination, examination development, certification,
classification, hearings, compensation, salary surveys,
compensation plan administration, research services, special
projects, departmental fiscal management, facilities, word
processing support.
(((2) The staff is organized into six general areas:
(a) Classification and compensation which provides
classification, compensation, and allocation services.
(b) Personnel services which provides for examination
development, employee development, and affirmative action plans.
(c) Labor relations which provides for mediation and
arbitration, creation of collective bargaining units, and
certification of exclusive representatives.
(d) Field services which provides rules interpretation and
development and institution audit services.
(e) Fiscal services which manages the operational cost of
the higher education personnel board (Agency No. 383) and the
higher education personnel board revolving fund.
(f) Administrative services which provides appeal services,
and overall administration of agency operations.
(3) All classified employees of the twenty-eight higher
education institutions and three related boards are under the
jurisdiction of the higher education personnel board.))
(2) The staff located at 600 South Franklin Street, Olympia, Washington, provides labor relations services and appeal
hearings, consultation on human resource development activities to agencies, training which is interagency in scope, and
guidelines for agency planning and evaluation of human resource development.
(3) The staff at the following locations provides employee advisory services: 3400 Capitol Boulevard, Olympia, Washington;
2825 Eastlake Avenue E., Suite 310, Seattle, Washington; and at 4407 Division, Suite 210, Spokane, Washington.
(4) The staff located at Building #1, Rowesix, Lacey, Washington, administers the central personnel/payroll and insurance eligibility computer systems.
[Order 61, § 251-05-030, filed 8/30/77, effective 10/1/77; Order 21, § 251-05-030, filed 5/24/73.]
AMENDATORY SECTION (Amending Order 61, filed 8/30/77, effective 10/1/77)
WAC 251-05-040 Method of operation. (1) The general
conduct of agency business is pursuant to the charter established
in chapter 41.06 RCW ((28B.16.100)) and Title 251 WAC.
(2) Provisions for all interested parties to participate in
formulation of rules governing administration of the law is
assured by a twenty-day notice requirement prerequisite to formal
((higher education personnel)) board adoption of any
jurisdictional matter, except appeals.
(3) Special meetings may be called by the board subject to twenty-four hour notice, as required by law.
(4) Informal work sessions with interested parties are conducted by staff as necessary to insure maximum representation from employee organizations and institutions before proposals are made to the board.
[Order 61, § 251-05-040, filed 8/30/77, effective 10/1/77; Order 21, § 251-05-040, filed 5/24/73.]
AMENDATORY SECTION (Amending WSR 87-02-036 (Order 154), filed 1/2/87, effective 2/1/87)
WAC 251-05-060 Records--Availability--Copies. (1) Copies
of all public records as defined in WAC 251-01-340 and identified
in current indexes maintained in the Olympia office of the
((director of the higher education)) department of personnel
((board)), shall be made available upon written request to the
staff member designated by the director or designee. Response to
such requests will be made in the order received.
(((2) Available indexes shall include but not be limited to
the following:
(a) Rules - Title 251 WAC;
(b) Twenty-day notice and minutes of meetings - regular and
special;
(c) Board orders;
(d) Findings, conclusions and order of hearing examiners;
(e) Annual director's report;
(f) Higher education personnel board budget;
(g) Higher education personnel board revolving fund data;
(h) Staff administrative procedures manual;
(i) Higher education personnel board classification and
compensation plan;
(j) Documents filed with the board as required by Title 251
WAC or board order, i.e., reduction in force procedure, holiday
schedule, collective bargaining agreement, etc.))
(((3))) (2) No fee will be charged for inspection of public
records. Inspection will be during office hours in a space
provided by the agency and must be accomplished without excessive
interference with the essential function of the agency.
(((4))) (3) Copies of the records will be made available at
actual cost to the agency.
[Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-05-060, filed 1/2/87, effective 2/1/87; Order 61, § 251-05-060, filed 8/30/77, effective 10/1/77; Order 21, § 251-05-060, filed 5/24/73.]
AMENDATORY SECTION (Amending Order 61, filed 8/30/77, effective 10/1/77)
WAC 251-05-070 Exemptions--Public records. (1) The agency, through its designated public records officer, reserves the right to determine that a public record requested in accordance with these rules is exempt under the provisions of RCW 42.17.310.
(2) Pursuant to RCW 42.17.260, the agency reserves the right
to delete identifying details when making available or publishing
any public record or any case where there is reason to believe
that disclosure of such details would be an invasion of personal
privacy protected by chapter 42.17 ((WAC)) RCW. The public
records officer will justify any such deletion in writing.
(3) Denials of requests for public records will be accompanied by a written statement specifying the reason for the denial. A statement of the specific exemption authorizing withholding the record and a brief explanation of how the exemption applies to the record withheld will be included.
[Order 61, § 251-05-070, filed 8/30/77, effective 10/1/77; Order 21, § 251-05-070, filed 5/24/73.]
AMENDATORY SECTION (Amending WSR 96-11-063, filed 5/10/96, effective 6/6/96)
WAC 251-06-020 Classification plan--Adoption. (1) The proposed classification plan and any subsequent proposed revisions thereto shall be submitted to the board by the director for adoption, revision or rejection. After twenty calendar days' notice to and consideration of proposals from employee representatives, institutions, and related boards, the board shall hold open hearings on the plan. The plan shall become effective as determined by the board.
(2) In adopting these revisions the board shall comply with
((Senate Bill S6767 of 1996)) RCW 41.06.152, RCW 41.06.150(15),
and chapter 43.88 RCW. Thereafter, class titles so established
shall be used in all personnel and financial records of an
institution and in all recruitment and examination procedures.
[Statutory Authority: RCW 41.06.150. 96-11-063, § 251-06-020, filed 5/10/96, effective 6/6/96; 95-19-055, § 251-06-020, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 251-06-020, filed 9/22/93, effective 10/23/93; Order 61, § 251-06-020, filed 8/30/77, effective 10/1/77; Order 1, § 251-06-020, filed 9/15/69.]
AMENDATORY SECTION (Amending WSR 97-01-065, filed 12/13/96, effective 1/13/97)
WAC 251-06-070 Allocation appeal. (1) The employee or employee representative may file a written appeal with the director under provisions of WAC 251-06-050 or 251-06-060 when:
(a) The response required in WAC 251-06-060(2) is not issued to the employee or employee representative within the required sixty calendar day period following receipt of the employee request; or
(b) The response fails to address the specific reason(s) that the request was not approved; or
(c) The employee disagrees with the results of a position
review conducted by the personnel officer. The written appeal
should include information which will assist the ((board))
director in determining the proper allocation of the position.
(2) The director shall investigate and issue a determination. Within thirty calendar days of the date of service of the director's determination, the employee, employee representative or institution may file written exceptions with the personnel appeals board as provided in Title 358 WAC.
[Statutory Authority: RCW 41.06.150. 97-01-065, § 251-06-070, filed 12/13/96, effective 1/13/97. Statutory Authority: RCW 28B.16.100. 90-02-052, § 251-06-070, filed 12/29/89, effective 2/1/90; 82-04-069 (Order 93), § 251-06-070, filed 2/3/82; 79-12-088 (Order 81), § 251-06-070, filed 12/3/79; 78-06-068 (Order 68), § 251-06-070, filed 5/25/78, effective 7/1/78; Order 63, § 251-06-070, filed 11/22/77; Order 61, § 251-06-070, filed 8/30/77, effective 10/1/77; Order 37, § 251-06-070, filed 10/15/74; Order 10, § 251-06-070, filed 12/16/71.]
AMENDATORY SECTION (Amending WSR 82-16-002 (Order 98), filed 7/22/82, effective 9/1/82)
WAC 251-06-090 Probationary period--Duration. (1) The
probationary period for all classes in the ((HEPB))
classification plan will be six months, unless the board approves
a longer probationary period for the class.
(2) The director will prepare and revise for board adoption on a class-by-class basis any probationary periods which exceed six months. Procedures for requesting extended probationary periods will be developed by the director.
(3) Classes with longer probationary periods will be
identified in the ((HEPB)) classification plan.
(4) When the probationary period for a class is approved for longer than six months, the longer period shall apply only to eligibles appointed after the effective date of the board's action.
[Statutory Authority: RCW 28B.16.100. 82-16-002 (Order 98), § 251-06-090, filed 7/22/82, effective 9/1/82.]
AMENDATORY SECTION (Amending WSR 89-13-074 (Order 179), filed 6/21/89, effective 10/1/89)
WAC 251-07-100 Temporary appointment records. Each
institution shall maintain information for temporary employees as
specified in WAC 251-19-122. At least quarterly each institution
shall produce a record which shows the cumulative hours worked
for each temporary employee. This record shall be kept on file
in the personnel office and shall be made available to the
((higher education personnel)) board staff upon request.
[Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), § 251-07-100, filed 6/21/89, effective 10/1/89.]
AMENDATORY SECTION (Amending WSR 87-08-056 (Order 155), filed 4/1/87, effective 5/1/87)
WAC 251-08-021 Compensation plans--Salary survey. Comprehensive and trend salary surveys will be conducted in accordance with applicable portions of chapter 41.06 RCW.
(((1) For purposes of reflecting in salary schedules and in
the compensation plans the prevailing rates in other public
employment and in private employment in this state or in the
locality in which the institution is located, the director shall
undertake salary and fringe benefit surveys for the board with
the assistance of the various personnel officers and on a joint
basis with the department of personnel, with a comprehensive
survey to be conducted in the year prior to the convening of
every other regular session of the state legislature. A trend
survey will be conducted in the year prior to the convening of
each regular session of the state legislature for which a
comprehensive survey is not conducted.
(2) Salary and fringe benefit surveys shall be conducted
according to the following criteria in addition to any other
provisions under this chapter:
(a) Adjustments of state salaries to prevailing rates in
Washington state private industries and other governmental units
shall be determined by comparisons of weighted averages of
salaries, including weighted averages of salaries from out-of-state sources when necessary to obtain statistically valid salary
surveys; and
(b) Determination of state salary changes from prevailing
rate data collected in salary surveys shall be based on
occupational group averages containing related job classes where
appropriate rather than on comparison of survey data to
individual state job classes.
(3) Salary and fringe benefit surveys shall be undertaken in
a manner consistent with statistically accurate sampling
techniques. For this purpose, a comprehensive salary and fringe
benefit survey plan shall be submitted to the director of the
office of financial management, employee organizations, and the
standing committees for appropriations in the senate and house of
representatives, and to the legislative budget committee six
months before the beginning of each periodic survey required
before regular legislative sessions. This comprehensive plan
shall include, but not be limited to, the following:
(a) A complete explanation of the technical, statistical
process to be used in the salary and fringe benefit survey
including the percentage of accuracy expected from the planned
statistical sample chosen for the survey and a definition of the
term "prevailing rates" which is to be used in the planned
survey;
(b) A comprehensive salary and fringe benefit survey model
based on scientific statistical principles which:
(i) Encompasses the interrelationships among the various
elements of the survey sample including sources of salary and
fringe benefit data by organization type, size, and regional
location;
(ii) Is representative of private and public employment in
this state;
(iii) Ensures that, wherever practical, data from smaller,
private firms are included and proportionally weighted in the
survey sample; and
(iv) Indicates the methodology to be used in application of
survey data to job classes used by state government;
(c) A prediction of the increase or decrease in total
funding requirements expected to result from the pending salary
and fringe benefit survey based on consumer price index
information and other available trend data pertaining to
Washington state salaries and fringe benefits.
(4) Every comprehensive survey plan shall fully consider
fringe benefits as an element of compensation in addition to
basic salary data. The plans shall be developed jointly by the
higher education personnel board and the department of personnel.
All comprehensive salary and fringe benefit survey plans shall
be submitted on a joint signature basis by the higher education
personnel board and the department of personnel. The legislative
budget committee shall review and evaluate all survey plans
before final implementation.
(5) Any interim or special surveys conducted shall conform
when possible to the statistical techniques and principles
developed for regular periodic surveys.))
[Statutory Authority: RCW 28B.16.100. 87-08-056 (Order 155), § 251-08-021, filed 4/1/87, effective 5/1/87; Order 61, § 251-08-021, filed 8/30/77, effective 10/1/77.]
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.
REPEALER
WAC 251-08-040 Compensation plans--Submission to governor.
AMENDATORY SECTION (Amending Order 61, filed 8/30/77, effective 10/1/77)
WAC 251-08-051 Compensation plans--Implementation.
Implementation of the results of salary and fringe benefit
surveys shall be subject to approval as to availability of funds
by the director of the office of financial management and after
consultation with the chief financial officer of each institution
for that institution, or in the case of the various community
colleges, by the chief financial officer of the state board for
community and technical colleges ((education)).
[Order 61, § 251-08-051, filed 8/30/77, effective 10/1/77.]
AMENDATORY SECTION (Amending WSR 95-19-055, filed 9/15/95, effective 10/16/95)
WAC 251-08-090 Salary--Periodic increment. (1) Employees
whose performance permits them to retain job status in the
classified service shall receive periodic increments within the
steps of the salary range. The salary of each employee shall be
increased two steps on the periodic increment date and annually
thereafter on the periodic increment date, not to exceed the
maximum step of the range. An exception to the two step movement
on the periodic increment date are those employees who occupy
classes included in the ((higher education personnel board))
locality special pay plan per WAC 251-09-090 which applies only
to University of Washington hospitals. The salary of each
employee under this plan shall be increased as specified in the
((higher education personnel board)) hospital special pay plan.
(2) When the periodic increment date falls on the same effective date as another salary action, the periodic increment shall be applied prior to, and in addition to, any other action resulting in a salary increase or decrease.
[Statutory Authority: RCW 41.06.150. 95-19-055, § 251-08-090, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 251-08-090, filed 9/22/93, effective 10/23/93. Statutory Authority: RCW 28B.16.100. 91-16-054, § 251-08-090, filed 8/1/91, effective 9/1/91; 85-20-049 (Order 136), § 251-08-090, filed 9/25/85; 84-16-067 (Order 119), § 251-08-090, filed 7/31/84; Order 61, § 251-08-090, filed 8/30/77, effective 10/1/77; Order 18, § 251-08-090, filed 10/25/72, effective 7/1/73; Order 1, § 251-08-090, filed 9/15/69.]
AMENDATORY SECTION (Amending WSR 88-15-023 (Order 170), filed 7/12/88)
WAC 251-08-100 Periodic increment date. (1) For purposes of payment of periodic increment increases, the effective date shall be determined as follows:
(a) The first of the current month for actions occurring between the first and the fifteenth of the month; or
(b) The first of the following month for actions occurring between the sixteenth and the end of the month.
(2) The periodic increment date of new employees or probationary employees who are reappointed to a new class during the probationary period shall be established:
(a) Upon completion of six months in the class for those appointed at the first step in the salary range; or
(b) Upon completion of twelve months in the class for those appointed at a salary step above the first step in the salary range.
(3) The periodic increment date of all employees shall be changed as follows:
(a) Upon promotion, the existing periodic increment date will be eliminated and a new date established to be effective upon completion of the trial service period;
(b) Upon reappointment of a probationary employee during the probationary period, the former periodic increment date will be eliminated and a new date established as provided in subsection (2) of this section;
(c) Upon reallocation under WAC 251-06-080 (1)(a) of an employee who is at the top step of the current salary range, the employee will be given a new periodic increment date which will be six months following the reallocation action;
(d) When a leave of absence without pay exceeds ten working days in any calendar month, or exceeds ten consecutive working days, the date will be extended by one month, except as provided by WAC 251-22-165(5), 251-22-180, and 251-19-130;
(e) When employees return from layoff status, the date will be reestablished and extended by an amount of time equal to the period of layoff in order to give credit for time served in a salary step prior to layoff;
(f) When a cyclic year position leave of absence without pay exceeds ninety calendar days, the periodic increment date shall be extended on a month-for-month basis. Provisions of (d) of this subsection shall apply to that period exceeding the ninety calendar days. Cyclic year position employees serving a probationary or trial service period will have their periodic increment dates extended by an amount of time equal to the period in which the employee is on leave of absence without pay;
(g) When employees are reverted from trial service following promotion (or return from alternate appointment), the periodic increment date held prior to promotion or layoff will be reestablished;
(h) When the ((board)) director or the ((director))
personnel appeals board orders remedial action per WAC 251-12-600, the periodic increment date may be modified as part of the
order.
(4) The periodic increment date of all employees shall remain unchanged for all other actions including, but not limited to, transfer within class, appointment to another class with the same or lower salary range maximum, and reallocations except as provided in subsection (3)(c) of this section.
(5) The periodic increment date for incumbents of exempt positions which are converted to classified status shall be established as provided in WAC 251-19-160.
[Statutory Authority: RCW 28B.16.100. 88-15-023 (Order 170), § 251-08-100, filed 7/12/88; 88-02-017 (Order 164), § 251-08-100, filed 12/30/87, effective 2/1/88; 87-14-051 (Order 156), § 251-08-100, filed 7/1/87, effective 8/1/87; 85-16-038 (Order 134), § 251-08-100, filed 7/31/85, effective 9/1/85; 83-10-029 (Order 105), § 251-08-100, filed 4/29/83, effective 6/1/83; 78-06-068 (Order 68), § 251-08-100, filed 5/25/78, effective 7/1/78; Order 64, § 251-08-100, filed 12/23/77; Order 61, § 251-08-100, filed 8/30/77, effective 10/1/77; Order 29, § 251-08-100, filed 1/22/74; Order 21, § 251-08-100, filed 5/24/73; Order 18, § 251-08-100, filed 10/25/72, effective 7/1/73.]
AMENDATORY SECTION (Amending WSR 79-03-030 (Order 72), filed 2/27/79, effective 4/2/79)
WAC 251-08-160 Payroll certification. A disbursing officer
shall not pay any employee holding a position covered by ((the
higher education personnel law)) chapter 41.06 RCW unless the
employment is in accordance with chapter ((28B.16)) 41.06 RCW and
the provisions of these rules. The board and the institutions of
higher education, including the state board for community and
technical colleges ((education)) which shall act for the various
community colleges, and the director of financial management
shall jointly establish procedures for the certification of
payrolls.
[Statutory Authority: RCW 28B.16.100 and 28B.16.190. 79-03-030 (Order 72), § 251-08-160, filed 2/27/79, effective 4/2/79.]
AMENDATORY SECTION (Amending WSR 98-03-051, filed 1/16/98, effective 3/1/98)
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.
[Statutory Authority: RCW 41.06.150. 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.]
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 88-22-057 (Order 174), filed 11/1/88)
WAC 251-10-035 Layoff--Special employment programs. (1) Institutions participating in special employment programs qualifying under the conditions identified in WAC 251-19-150 shall establish a special employment program layoff unit.
(2) An appointing authority may layoff or reduce the number of working hours or the work year of a special employment program employee without prejudice because of lack of funds or lack of work, or when an incumbent must be laid off due to the salary or longevity requirements of Public Law 95-524.
(3) A permanent status special employment program employee scheduled for layoff shall receive written notice of any available options in lieu of layoff as provided in subsection (5) of this section. Employment options are limited to positions within the special employment program layoff unit and/or program for which the employee qualifies. The employee shall be given no less than three working days to select an option, if available, or to elect to be laid off and/or be placed on the appropriate special employment program layoff list(s).
(4) The appointing authority must provide the employee at least fifteen calendar days written notice beyond the date of selection of an option or the completion of the option period, whichever is sooner. The notice shall inform the employee of his/her right to appeal the layoff action to the personnel appeals board per WAC 251-12-080.
(5) Within the special employment program layoff unit, a permanent status employee scheduled for layoff shall be offered the following:
(a) Except as provided in (b) of this subsection, employees who are being laid off shall be offered options within the layoff unit and placement on special employment program layoff lists in class(es) with the same or lower salary range maximum that are:
(i) Class(es) in which the employee has held permanent status;
(ii) Lower class(es) in the same class series for which the employee is qualified.
The employee may exercise either option provided that the employee being replaced is the least senior in the class and has less layoff seniority than the employee replacing him/her.
(b) Employees who are being laid off due to the expiration of the maximum allowable period of subsidized employment as provided in Public Law 95-524 shall not be afforded layoff options but shall be placed on the special employment program layoff list(s) for which they are eligible.
(6) The provisions of WAC 251-10-030 (7) and (8) relative to specific position and bona fide occupational requirements shall apply to special employment program layoff actions.
(7) The names of employees scheduled for layoff or actually laid off from service within a class shall be placed on the special employment program layoff list as provided in WAC 251-18-180.
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-10-035, filed 11/1/88; 88-02-017 (Order 164), § 251-10-035, filed 12/30/87, effective 2/1/88; 85-16-038 (Order 134), § 251-10-035, filed 7/31/85, effective 9/1/85; 82-19-067 (Order 102), § 251-10-035, filed 9/20/82, effective 10/25/82; 79-07-096 (Order 76), § 251-10-035, filed 6/29/79, effective 8/1/79; Order 61, § 251-10-035, filed 8/30/77, effective 10/1/77; Order 44, § 251-10-035, filed 6/25/75.]
AMENDATORY SECTION (Amending WSR 88-22-057 (Order 174), filed 11/1/88)
WAC 251-11-030 Demotion, suspension, reduction, dismissal--Cause for. (1) Appointing authorities may demote, suspend,
reduce in salary, or dismiss an employee under their jurisdiction
for just cause. Examples of activities which may result in such
action are, but are not limited to: Neglect of duty,
inefficiency, incompetence, insubordination, malfeasance, gross
misconduct, willful violation of the published institution/
((or)) related board or higher education personnel ((board))
rules or regulations, mistreatment or abuse of fellow workers or
members of the public, conflict of interest, excessive
absenteeism, failure to comply with union shop requirements per
WAC 251-14-058, etc.
(2) Appointing authorities shall dismiss any employee under their jurisdiction whose performance is so inadequate as to be just cause for dismissal as described in subsection (1) of this section.
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-030, filed 11/1/88.]
AMENDATORY SECTION (Amending WSR 88-22-057 (Order 174), filed 11/1/88)
WAC 251-11-050 Dismissal--Grounds for--Notice. Appointing authorities may dismiss a permanent employee for just cause as specified in WAC 251-11-030. The employee shall be provided written notice of the specified cause(s), specific charges, and the right to appeal the dismissal action to the personnel appeals board. The notice shall be furnished at least fifteen calendar days prior to the effective date of the action (unless the dismissal action is to be effective as provided in WAC 251-11-070) and shall be furnished directly to the employee during his/her scheduled working hours, or if this is not possible because of the absence of the employee during his/her regularly scheduled working hours, mailed by certified letter to the employee's last known address. If the notification is furnished directly to the employee, the day it is furnished shall be counted as a day of notice. If the notification is mailed, the notice shall be considered received the same day as it is postmarked and the notice period shall be computed as provided in WAC 251-04-100.
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-050, filed 11/1/88.]
AMENDATORY SECTION (Amending WSR 88-22-057 (Order 174), filed 11/1/88)
WAC 251-11-090 Withdrawal or amendment of charges--Time limitation. Appointing authorities may withdraw or amend demotion, suspension, reduction in salary, or dismissal actions, but not after an appeal of the action has been heard by the personnel appeals board.
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-090, filed 11/1/88.]
AMENDATORY SECTION (Amending WSR 88-22-057 (Order 174), filed 11/1/88)
WAC 251-11-120 Probationary period--Rejection. An
appointing authority may reject an employee who has not completed
a probationary period. Written notice of the action must be
given to the employee at least one workday (eight hours) prior to
the effective date of the action. Written notice should be given
directly to the employee. If the employee is unavailable,
notification shall be by certified mail. Service of papers shall
be as provided in WAC 251-04-105. A probationary employee
((may)) shall not have the right to appeal the rejection ((to the
board)).
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-120, filed 11/1/88.]
AMENDATORY SECTION (Amending WSR 88-22-057 (Order 174), filed 11/1/88)
WAC 251-11-130 Trial service reversion. An employee, prior to completing a trial service period, may be reverted by an employing official for failure to perform satisfactorily in the class. When such reversion becomes necessary, the written notice and employee rights upon reversion will be as provided in WAC 251-19-060(3). Trial service reversion is not appealable to the personnel appeals board when the conditions of WAC 251-19-060(4) have been satisfied.
[Statutory Authority: RCW 28B.16.100. 88-22-057 (Order 174), § 251-11-130, filed 11/1/88.]
AMENDATORY SECTION (Amending WSR 90-14-018, filed 6/27/90, effective 8/1/90)
WAC 251-12-073 Appeals from exempt status. As indicated in
WAC 251-04-040(10), any employee who feels that any
classification should or should not be exempt, or any employee in
a nonexempt classification who feels that he/she should be exempt
because of academic qualifications which would enable such
employee to teach and thus be exempt, may appeal to the personnel
appeals board ((in the same manner as provided in WAC 251-12-080)) within thirty calendar days of the effective date of the
action appealed.
[Statutory Authority: RCW 28B.16.100. 90-14-018, § 251-12-073, filed 6/27/90, effective 8/1/90. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-073, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 85-16-038 (Order 134), § 251-12-073, filed 7/31/85, effective 9/1/85; Order 61, § 251-12-073, filed 8/30/77, effective 10/1/77.]
AMENDATORY SECTION (Amending WSR 97-01-065, filed 12/13/96, effective 1/13/97)
WAC 251-12-075 Appeals from alleged violations of higher
education personnel law or rules. Any employee, employee
representative or appointing authority desiring to appeal an
alleged violation of the higher education personnel law or rules
adopted thereunder, may appeal such alleged violation. Appeals
must be in writing and must be filed with the personnel appeals
board as provided in Title 358 WAC within thirty calendar days
((after)) of the effective date of the action appealed.
[Statutory Authority: RCW 41.06.150. 97-01-065, § 251-12-075, filed 12/13/96, effective 1/13/97. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-075, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 89-08-003 (Order 176), § 251-12-075, filed 3/23/89, effective 5/1/89; Order 61, § 251-12-075, filed 8/30/77, effective 10/1/77.]
AMENDATORY SECTION (Amending WSR 89-22-020, filed 10/24/89, effective 12/1/89)
WAC 251-12-076 Appeals from denial of parental leave
requests. Any permanent employee who is denied parental leave
per WAC 251-22-195 may appeal such action to the ((board))
director. The appeal must be in writing and submitted to the
((higher education)) department of personnel ((board office))
within seven calendar days following receipt by the employee of
the personnel officer's written notification and rationale for
denial. ((Appeals under this section will be heard by a board
hearing examiner and a verbal decision will be rendered within
forty-eight hours of the hearing, with a written decision to
follow within thirty days.)) The ((hearing examiner's))
director's determination shall be final and binding.
[Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-076, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 87-20-025 (Order 161), § 251-12-076, filed 9/30/87.]
AMENDATORY SECTION (Amending WSR 97-01-065, filed 12/13/96, effective 1/13/97)
WAC 251-12-080 Appeals from demotion, suspension, layoff,
reduction in salary, separation, dismissal. Any permanent
employee who is demoted, suspended, laid off, reduced in salary,
separated or dismissed, may appeal such action. Appeals must be
in writing and must be filed with the personnel appeals board as
provided in Title 358 WAC within thirty calendar days ((after))
of the effective date of the action appealed.
[Statutory Authority: RCW 41.06.150. 97-01-065, § 251-12-080, filed 12/13/96, effective 1/13/97. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-080, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 84-16-067 (Order 119), § 251-12-080, filed 7/31/84; 82-10-006 (Order 95), § 251-12-080, filed 4/26/82, effective 6/1/82; Order 61, § 251-12-080, filed 8/30/77, effective 10/1/77; Order 21, § 251-12-080, filed 5/24/73; Order 1, § 251-12-080, filed 9/15/69.]
REPEALER
WAC 2511-12-085 Hearing examiners.
REPEALER
WAC 251-12-096 Declaratory orders.
REPEALER
WAC 251-12-097 Declaratory orders--Form.
AMENDATORY SECTION (Amending WSR 96-09-055, filed 4/12/96, effective 6/1/96)
WAC 251-12-099 Filing of prehearing statements. (1)
Parties are encouraged to file prehearing statements of position
with the ((personnel resources)) board. The board may request
all parties to submit a prehearing statement. The statements
should include a summary of the evidence the party intends to
present; a listing of the rules, statutes, or contract provisions
upon which the party intends to rely; a statement of the
disposition requested; and an argument as to why the party is
entitled to the requested disposition. Such documents shall be
provided to the board and to the opposing party no later than
fourteen calendar days prior to the scheduled hearing date. Any
response by the opposing party shall be served no later than
seven calendar days prior to the scheduled hearing date or at
such time as set at the prehearing conference.
(2) A party submitting prehearing statement(s) shall provide the original and three copies to the board, and one copy to the opposing party.
(3) The ((personnel resources)) board will determine whether
to consider documents that are filed at the time of the hearing.
[Statutory Authority: RCW 41.06.150. 96-09-055, § 251-12-099, filed 4/12/96, effective 6/1/96. Statutory Authority: RCW 28B.16.100. 90-13-017, § 251-12-099, filed 6/8/90, effective 7/9/90.]
AMENDATORY SECTION (Amending WSR 96-09-055, filed 4/12/96, effective 6/1/96)
WAC 251-12-100 Hearings before the board. (1) Hearings
shall be open to the public, except for cases in which the board
determines there is substantial reason for not having an open
hearing, or in cases where the employee so requests. On motion
of the board or a party ((or on the hearing examiner's own
motion)), witnesses may be excluded from any hearing except when
testifying. Photographic and recording equipment may be
permitted((; however, the hearing examiner may impose such
conditions upon their use as he or she deems necessary to prevent
disruption of the hearing)). Hearings shall be informal with
technical rules of evidence not applying to the proceedings
except the rules of privilege recognized by law.
(2) Members of the board or its designee may, and shall at the request of either party, issue subpoenas and subpoenas duces tecum. All testimony shall be on oath administered by a member of the board according to the provisions of RCW 5.28.020 through 5.28.060. The board shall certify to the superior court the facts of any refusals to obey a subpoena, take the oath, or testify. The court shall summarily hear the evidence on such refusal and if the evidence warrants punish such refusal in the same manner and to the same extent as for contempt committed before, or in connection with the proceedings of, the court.
(3) The board shall prepare an official record of the hearing, including all testimony, recorded manually or by mechanical device, and exhibits; but it shall not be required to transcribe such record unless requested by the employee, who shall be furnished with a complete transcript upon payment of a reasonable charge therefor. Payment of the cost of a transcript used on appeal shall await determination of the appeal, and shall be made by the employing institution if the employee prevails.
[Statutory Authority: RCW 41.06.150. 96-09-055, § 251-12-100, filed 4/12/96, effective 6/1/96. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-100, filed 10/24/89, effective 12/1/89. Statutory Authority: RCW 28B.16.100. 83-10-029 (Order 105), § 251-12-100, filed 4/29/83, effective 6/1/83; Order 61, § 251-12-100, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-100, filed 9/15/69.]
AMENDATORY SECTION (Amending WSR 96-09-055, filed 4/12/96, effective 6/1/96)
WAC 251-12-104 Prehearing procedures--Exhibits. (1) At any
hearing before the ((personnel resources)) board when exhibits of
a documentary character are offered into evidence, the party
offering the exhibit shall provide a minimum of six copies: One
each for the opposing parties, for the board members, for the
court reporter, if any, and for the board's official file.
(2) The parties shall arrive at the hearing location at least thirty minutes before the time scheduled for the hearing for the purpose of exchanging copies of exhibits to be introduced. The parties shall pre-mark their exhibits for identification and present copies to other parties and the board's staff prior to commencement of the hearing.
[Statutory Authority: RCW 41.06.150. 96-09-055, § 251-12-104, filed 4/12/96, effective 6/1/96.]
AMENDATORY SECTION (Amending WSR 96-09-055, filed 4/12/96, effective 6/1/96)
WAC 251-12-105 Scheduling of hearings. Prior to scheduling
the hearing, the hearings coordinator will give the parties an
opportunity to indicate preferred dates and amount of time
allotted of the hearing. The hearings coordinator shall schedule
all hearings before the ((personnel resources)) board with
written notice, specifying the time, place, and length of the
hearing. Notice of hearing shall be mailed not less than thirty
calendar days prior to the date of the hearing, unless all
parties agree to a shorter notice period. Primary and/or
secondary hearings may be scheduled.
[Statutory Authority: RCW 41.06.150. 96-09-055, § 251-12-105, filed 4/12/96, effective 6/1/96.]
AMENDATORY SECTION (Amending Order 61, filed 8/30/77, effective 10/1/77)
WAC 251-12-220 Subpoenas--Quashing. Upon motion promptly
made by a party or by the person to whom the subpoena is directed
(and upon notice to the party who issued the subpoena), the board
((or hearing examiner)) may:
(1) Quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or
(2) Condition denial of the motion upon just and reasonable conditions.
[Order 61, § 251-12-220, filed 8/30/77, effective 10/1/77; Order 33, § 251-12-220, filed 6/18/74; Order 1, § 251-12-220, filed 9/15/69.]
AMENDATORY SECTION (Amending Order 61, filed 8/30/77, effective 10/1/77)
WAC 251-12-230 Discovery--Depositions--Interrogatories.
Attorneys of record for a party to a hearing may use discovery
procedures in a manner consistent with the civil rules for the
superior courts of the state of Washington, or the members of the
board((, the director, or a hearing examiner)) may issue orders
for discovery upon petition of the party desiring discovery. Any
motions, challenges or objections concerning discovery shall be
ruled upon by the board ((or the hearing examiner assigned to the
hearing)) or its designee.
[Order 61, § 251-12-230, filed 8/30/77, effective 10/1/77; Order 33, § 251-12-230, filed 6/18/74; Order 1, § 251-12-230, filed 9/15/69.]
AMENDATORY SECTION (Amending WSR 96-09-055, filed 4/12/96, effective 6/1/96)
WAC 251-12-232 Prehearing conference. (1) The ((personnel
resources)) board or its designee may direct the parties or their
representatives to engage in an informal prehearing conference(s)
to consider the following:
(a) Statement of issue;
(b) The possibility of obtaining stipulations, admissions of fact and admissions of the genuineness of documents which will avoid unnecessary proof;
(c) Discovery, discovery methods and discovery deadlines;
(d) The number of witnesses expected to be called and their names when possible;
(e) The approximate time necessary for presentation of the evidence of the respective parties;
(f) Whether or when motions may be brought;
(g) Exhibits;
(h) Affidavits;
(i) Scheduling the hearing before the board; and
(j) Such other matters as may aid in the prompt disposition of the petition.
(2) Prehearing conferences may be held by telephone conference call or at a time and place mutually agreed upon by the parties.
(3) The parties are encouraged where possible to resolve their disputes. To facilitate such resolution, the board or its designee may recess the conference at any time to give the parties time to discuss settlement. In the event settlement is reached, the grievant/petitioner or representative shall sign a request to withdraw the petition.
[Statutory Authority: RCW 41.06.150. 96-09-055, § 251-12-232, filed 4/12/96, effective 6/1/96. Statutory Authority: RCW 28B.16.100, 34.05.220 and [34.05.]250. 89-22-020, § 251-12-232, filed 10/24/89, effective 12/1/89.]
AMENDATORY SECTION (Amending WSR 89-01-071 (Order 175), filed 12/20/88, effective 2/1/89)
WAC 251-12-260 Restoration of rights. (1) Any employee, when fully reinstated after appeal, shall be guaranteed all employee rights and benefits including back pay, sick leave, vacation leave accrual, retirement and OASDI credits.
(2) In instances of immediate dismissal as provided in WAC 251-11-070 where the institution is unable to justify under appeal the immediacy of the dismissal but the dismissal action itself is upheld, the employee's entitlement to recovery shall not exceed the fifteen calendar day period which would have served as the notice period had the dismissal been processed as provided in WAC 251-11-050. In instances where the personnel appeals board does not uphold the dismissal action but deems a suspension to have been warranted, the employee may be reinstated and a suspension ordered of up to fifteen calendar days.
[Statutory Authority: RCW 28B.16.100. 89-01-071 (Order 175), § 251-12-260, filed 12/20/88, effective 2/1/89; 83-20-020 (Order 108), § 251-12-260, filed 9/23/83, effective 10/24/83; Order 61, § 251-12-260, filed 8/30/77, effective 10/1/77; Order 1, § 251-12-260, filed 9/15/69.]
REPEALER
WAC 251-12-290 Superior court appeals--Preparation of record--Time limitations--Cost.
REPEALER
WAC 251-12-300 Superior court appeals--Consideration of record.
AMENDATORY SECTION (Amending WSR 88-02-017 (Order 164), filed 12/30/87, effective 2/1/88)
WAC 251-12-500 Relief from effect of board's order. (1) Employees who incur loss of position, seniority, salary or otherwise are caused to suffer directly by action of the board pursuant to rules set forth in chapters 251-17, 251-18, and 251-19 WAC may be considered to be aggrieved if the employee did not participate in the conditions as contributing to rules violation. Aggrieved employees may be provided by order of the board, such benefits as:
(a) Permanent status when qualified by examination;
(b) Salary maintenance or adjustment;
(c) Seniority as appropriate;
(d) Accrual of benefits.
(2) Upon receipt of written request for consideration from an employee, or upon initiation by the director, such action may be instituted as is required to provide appropriate relief under the rules for aggrieved employees when the employee is reduced in position or salary, laid off, or is otherwise caused to suffer as an indirect result of an order of the board and the employee was not a party to willful disregard of the rules. Such written request from the employee must be received within thirty calendar days of the action unless an extension in time is requested by the personnel officer.
(3) The director shall notify interested parties in writing
of any recommended action and such order shall be binding unless
a request for review is received by the ((higher education
personnel)) board as provided in subsection (4) of this section.
(4) Request for board review of the action of the director must be made in writing by the employee, his/her representative, or the institution within fifteen calendar days of the mailing of such notice and must contain the reasons for such review. Within thirty calendar days of receipt of the notice the board will issue its ruling either affirming or modifying the director's action. The board's order shall be final and binding.
[Statutory Authority: RCW 28B.16.100. 88-02-017 (Order 164), § 251-12-500, filed 12/30/87, effective 2/1/88; Order 61, § 251-12-500, filed 8/30/77, effective 10/1/77; Order 29, § 251-12-500, filed 1/22/74.]
AMENDATORY SECTION (Amending WSR 97-13-045, filed 6/13/97, effective 8/1/97)
WAC 251-12-600 Remedial action. (1) The director may take remedial action when it is determined that the following conditions exist.
(a) The hiring institution has made an appointment that does
not comply with higher education personnel ((board)) rules.
(b) The employee has worked in one or more positions for more than one thousand fifty hours in any twelve consecutive month period since the original hire date or October 1, 1989, whichever is later. (These hours do not include overtime or work time as described in WAC 251-04-040(2).)
(c) The position or positions are subject to civil service.
(d) The employee has not taken part in any willful failure to comply with these rules.
(2) Remedial action includes the power to confer permanent status, set salary, establish seniority, and determine benefits accrued from the seniority date. Remedial action also includes other actions the director may require to meet the highest personnel standards.
(3) If the institution has complied with WAC 251-19-122, the employee must:
(a) Submit any request for remedial action in writing; and
(b) File the request within thirty calendar days after the effective date of the alleged violation of the conditions of employment which are to be specified in the written notification of temporary appointment.
(4) The director's order for remedial action shall be final and binding unless exceptions are filed with the personnel appeals board within thirty calendar days of the date of service of the order. Exceptions must state the specific items of the order to which exception is taken. The personnel appeals board will review the exceptions and may hold a hearing prior to modifying or affirming the director's order.
[Statutory Authority: RCW 41.06.150. 97-13-045, § 251-12-600, filed 6/13/97, effective 8/1/97. Statutory Authority: RCW 28B.16.100, 28B.16.040(2) and 70.24.300. 90-01-007, § 251-12-600, filed 12/7/89, effective 1/7/90. Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), § 251-12-600, filed 6/21/89, effective 10/1/89; 88-22-057 (Order 174), § 251-12-600, filed 11/1/88; 81-24-019 (Order 92) § 251-12-600, filed 11/24/81, effective 1/1/82; 79-03-029 (Order 71), § 251-12-600, filed 2/27/79, effective 4/2/79; Order 61, § 251-12-600, filed 8/30/77, effective 10/1/77.]
AMENDATORY SECTION (Amending WSR 88-18-018 (Order 172), filed 8/29/88, effective 10/1/88)
WAC 251-14-052 Union shop representative election. (1) The director shall order a union shop representative election to be held upon petition from an employee organization which has been certified per WAC 251-14-040 as the exclusive representative of the employees of a bargaining unit. If the employee organization does not already have the opinion of counsel required by WAC 251-14-020(2) on file with the director, the petition shall not be considered complete until such an opinion is provided.
(2) The director shall, upon receipt of a petition for a
union shop representative election, inform all affected employees
of the union shop provisions contained in ((the state higher
education personnel law, RCW 28B.16.100)) chapter 41.06 RCW.
(3) The director or designee, at a preelection conference, shall review with the employee organization and appointing authority or designee the standards and procedures for the conduct of the election and shall inform all affected employees of the conditions set forth therein.
(4) The election shall be held on state property during working hours unless otherwise agreed to by all parties during the preelection conference.
(5) All employees on the active payroll and employed within the bargaining unit on the date of election will be eligible to vote. Eligible employees unable to vote at the time of election may vote by absentee ballot.
(6) Absentee ballots may be requested prior to date of election but will be counted only if received by the director or designee no later than two regular working days following the closing date of election.
(7) Transportation to official places of voting shall be provided to the degree practicable as determined by preelection conference.
(8) Election signs and banners shall not be permitted in the area in which the balloting takes place, nor shall any person in the area discuss the advantages or disadvantages of a union shop.
(9) The director will certify the employee organization as the union shop representative if a majority of employees in the bargaining unit vote in favor of requiring membership in the employee organization to be a condition of employment.
(10) Another union shop representative election shall not be held concerning the same bargaining unit for at least twelve months from the date of the last previous union shop representative election.
[Statutory Authority: RCW 28B.16.100. 88-18-018 (Order 172), § 251-14-052, filed 8/29/88, effective 10/1/88; Order 61, § 251-14-052, filed 8/30/77, effective 10/1/77; Order 25, § 251-14-052, filed 7/17/73.]
AMENDATORY SECTION (Amending WSR 97-06-012, filed 2/25/97, effective 4/1/97)
WAC 251-14-060 Contents of written agreements. (1) Written agreements may contain provisions covering all personnel matters over which the institution/related board may lawfully exercise discretion.
(2) Written agreements shall include a grievance procedure
for processing individual and group grievances within the
bargaining unit and shall provide for mediation by the director
or designee and for arbitration by the board. Mediation by the
director or designee and arbitration by the board of a grievance
dispute shall not apply in those instances where the same
complaint has been filed for hearing either through the unfair
labor practice or appeal procedures of the ((Washington personnel
resources)) board or the personnel appeals board rules.
(3) Written agreements may contain provisions for payroll deduction of employee organization dues and/or union shop representation fees upon written authorization from the employee. Any employee may cancel his/her payroll deduction of employee organization dues by filing a written notice with the appointing authority or designee and the employee organization thirty calendar days prior to the effective date of such cancellation.
(4) Written agreements shall be for a minimum of one year in duration and shall not exceed three years. Automatic renewal or extension provisions may extend the term of a contract for only one year at a time. An automatic renewal or extension provision in a contract cannot act as a bar to a request for an exclusive representative decertification election per WAC 251-14-050(1).
(5) Where there are collective bargaining agreements in effect in bargaining units which are combined per WAC 251-14-030, the board shall determine the application of such bargaining agreements or terms thereof when there is an impasse between the exclusive representative and the institution.
(6) Institutions shall file signed written agreements with the director. Provisions of such agreements shall not prevail if in conflict with the higher education personnel rules, the higher education personnel law or other applicable law.
[Statutory Authority: RCW 41.06.150. 97-06-012, § 251-14-060, filed 2/25/97, effective 4/1/97. Statutory Authority: RCW 28B.16.100. 86-09-076 (Order 148), § 251-14-060, filed 4/22/86, effective 6/1/86; Order 61, § 251-14-060, filed 8/30/77, effective 10/1/77; Order 52, § 251-14-060, filed 2/26/76; Order 42, § 251-14-060, filed 5/23/75; Order 25, § 251-14-060, filed 7/17/73; Order 2, § 251-14-060, filed 3/12/70.]
AMENDATORY SECTION (Amending WSR 88-02-027 (Order 166), filed 12/31/87, effective 2/1/88)
WAC 251-14-070 Unfair labor practices--Management--Employee organizations. (1) It shall be an unfair labor practice for an institution:
(a) To interfere with, restrain, or coerce employees in the
exercise of their collective bargaining rights guaranteed by
((the higher education personnel law)) chapter 41.06 RCW and the
rules adopted thereunder as provided in this chapter ((251-14 WAC
(Collective bargaining) and RCW 28B.16.230)).
(b) To control, dominate, or interfere with a bargaining representative.
(c) To discriminate against an employee who has filed an unfair labor practice charge.
(d) To refuse to engage in collective bargaining.
(2) It shall be an unfair labor practice for employee organizations:
(a) To interfere with, restrain, or coerce employees in the
exercise of their collective bargaining rights guaranteed by
((the higher education personnel law)) chapter 41.06 RCW and the
rules adopted thereunder as provided in this chapter ((251-14 WAC
(Collective bargaining) and RCW 28B.16.230)).
(b) To induce an institution to commit an unfair labor practice.
(c) To discriminate against an employee who has filed an unfair labor practice charge.
(d) To refuse to engage in collective bargaining.
[Statutory Authority: RCW 28B.16.100. 88-02-027 (Order 166), § 251-14-070, filed 12/31/87, effective 2/1/88; 87-21-089 (Order 163), § 251-14-070, filed 10/21/87; Order 61, § 251-14-070, filed 8/30/77, effective 10/1/77; Order 2, § 251-14-070, filed 3/12/70.]
AMENDATORY SECTION (Amending WSR 86-14-042 (Order 153), filed 6/26/86, effective 8/1/86)
WAC 251-14-082 Investigation of and disposition of unfair
labor practice charges. (1) Upon receipt of a properly completed
unfair labor practice charge, the board or its designee shall
conduct an investigation to determine whether or not the charges
are frivolous or substantially without merit. If it is found
that the charges are not frivolous or are not substantially
without merit, a complaint shall be issued and a hearing
scheduled as provided by these rules. If it is found that the
charge(s) is frivolous or substantially without merit, the
director shall issue and cause to be served on all parties an
order of dismissal containing the reasons therefor. Dismissal of
the charge is appealable to the ((higher education personnel))
board.
(2) If a charge does not contain all of the information required by WAC 251-14-080, the director or designee shall return the charge to the charging party for inclusion of the required information. If a complaint is issued, it shall be in the same form as the charge.
(3) The director or designee shall mail, or otherwise cause to be served, the complaint to the charged party.
[Statutory Authority: RCW 28B.16.100. 86-14-042 (Order 153), § 251-14-082, filed 6/26/86, effective 8/1/86.]
AMENDATORY SECTION (Amending WSR 86-14-042 (Order 153), filed 6/26/86, effective 8/1/86)
WAC 251-14-085 Amendment of complaint or answer--Unfair
labor practice. The ((higher education personnel)) board may
allow a complaint or answer to be amended at any time before the
close of the hearing, upon motion of the party concerned, for
good cause shown and upon such terms as the ((higher education
personnel)) board may deem appropriate under the circumstances.
Timeliness in making the motion shall be a factor in determining
whether it will be granted.
[Statutory Authority: RCW 28B.16.100. 86-14-042 (Order 153), § 251-14-085, filed 6/26/86, effective 8/1/86.]
AMENDATORY SECTION (Amending WSR 86-14-042 (Order 153), filed 6/26/86, effective 8/1/86)
WAC 251-14-087 Enforcement--Unfair labor practice. The
board or its designee whose final decision is appealable to the
board, or any party to the proceedings, thirty days after the
board or its designee has entered its findings of fact, shall
have power to petition the superior court of ((the state, within
the)) Thurston ((c))County ((wherein any person charged with the
unfair labor practice resides or transacts business, or if such
court be on vacation or in recess, then to the superior court of
any county adjoining the county wherein the unfair labor practice
in question occurred or wherein any person charged with the
unfair labor practice resides or transacts business,)) for the
enforcement of such order and for appropriate temporary relief or
restraining order, and shall certify and file in the court a
transcript of the entire record in the proceeding, including the
pleadings and testimony upon which such order was made and the
findings and order of the board or its designee. Upon such
filing, the court shall cause notice thereof to be served upon
such person, and thereupon shall have jurisdiction of the
proceeding and of the question determined therein, and shall have
power to grant such temporary relief or restraining order as it
deems just and proper, and to make and enter upon the pleadings,
testimony, and proceedings set forth in such transcript a decree
enforcing, modifying and enforcing as so modified, or setting
aside in whole or in part the order of the board or its designee.
[Statutory Authority: RCW 28B.16.100. 86-14-042 (Order 153), § 251-14-087, filed 6/26/86, effective 8/1/86.]
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 97-01-065, filed 12/13/96, effective 1/13/97)
WAC 251-14-130 Arbitration--Grievance--Procedure. Whenever
arbitration of a grievance is requested of the ((personnel
resources)) board pursuant to an agreement as authorized by WAC
251-14-060(2), the procedure set forth below shall apply:
(1) The request for arbitration shall be in the form of a complaint. It shall be filed on a form supplied by the board, or in a writing containing the same information as required on the form within thirty calendar days or less from the date the director of personnel or designee indicates in writing that the mediation is at impasse. The request shall state the following:
(a) The name, address and telephone number of the party filing the request, and the name, address and telephone number of any principal representative.
(b) The name, address and telephone number of the opposing party, and, if known, the opposing party's principal representative.
(c) Clear and concise statements of the facts upon which the grievance is based, including times, dates, places and participants in occurrences.
(d) A listing of the applicable sections of the collective bargaining agreement, rules, policies, etc., upon which the grievance is based and which are claimed to be violated. A copy of the collective bargaining agreement or of the pertinent sections of the agreement shall be attached to the request for arbitration.
(e) A statement of the specific issue(s) to be arbitrated.
(f) A statement of the relief sought.
(g) The signature and, if any, the title of the person filing the request for arbitration.
(h) A copy of the original grievance and the institution's last written response to the grievance shall be attached to the request for arbitration.
(2) By mutual agreement the parties to the grievance may extend the thirty-day time frame for requesting arbitration established in subsection (1) of this section. Agreements to extend the time frame shall be reported in writing by the parties to the director of personnel.
(3) The board's hearings coordinator shall review the request for arbitration to determine compliance with subsection (1) of this section. If the hearings coordinator determines the request is incomplete, the person filing the request is notified of the portions which need to be supplemented or changed to comply with subsection (1) of this section. When the hearings coordinator determines that the request substantially complies with subsection (1) of this section, he or she shall mail, or otherwise cause to be served, the request on the opposing party(ies). Any refusal by the hearings coordinator to serve the request for arbitration on the opposing party is reviewable by the board upon motion of the requesting party.
(4) After the request for arbitration is served on the opposing party(ies), the board or the board's designee may direct the parties or their representatives to engage in a prehearing conference(s) in accordance with WAC 251-12-232.
(5) The board's hearings coordinator shall schedule the arbitration for hearing pursuant to WAC 251-12-105.
(6) Within thirty calendar days from the date of service of
the acknowledgment of the arbitration request, the respondent
shall submit a written statement of issue(s) to be arbitrated.
If no response is received, the petitioners' statement of
issue(s) will be deemed to be the issue(s) at the arbitration
hearing unless otherwise determined by the ((personnel
resources)) board.
(7) Upon stipulation between the parties, the board or designee may grant the grievant's request to waive the right to an evidentiary hearing and thereafter require the parties to submit written evidence upon which the board or designee may act without a hearing.
(8) If the matter is heard directly by the board, a final and binding decision will be issued. If the matter is heard by the board's designee, a recommended decision will be issued. Within thirty calendar days of its service, either party may request the board to review the designee's decision. The review will be limited to specific areas of the decision to which the party takes exception. The requesting party must provide written argument in support of the exceptions. The board will consider the exceptions and may in its discretion hear oral argument. Thereafter, the board will issue a decision which shall be final and binding on the parties. The designee's decision will become final and binding forty calendar days after it was served on the parties if no exceptions are filed, unless the board calls a hearing to reconsider the decision.
(9) The grievant shall have the burden of proof and go forward with the evidence.
(10) The board or its designee shall be the judge of relevancy and materiality of evidence offered. Technical rules of evidence shall not apply to the proceedings.
(11) The provisions of chapter 251-12 WAC (Appeals) shall apply to the conduct of grievance arbitration hearings, except as otherwise provided in this section.
[Statutory Authority: RCW 41.06.150. 97-01-065, § 251-14-130, filed 12/13/96, effective 1/13/97; 96-09-055, § 251-14-130, filed 4/12/96, effective 6/1/96.]
AMENDATORY SECTION (Amending WSR 88-02-018 (Order 165), filed 12/30/87, effective 2/1/88)
WAC 251-17-120 Examinations--Evaluation of. (1) The director shall specify the rating and/or scoring systems to be used to evaluate examinations, including the ratings, scores and/or percentiles required to pass an examination.
(2) Personnel officers shall evaluate examinations in accordance with the rating guides and rating/scoring instructions developed for each system and institutional examination.
(3) Rating guides shall be used to evaluate all job elements included in system and institutional examinations.
(4) Personnel officers shall develop rating guides for all examinations for which system rating guides are not available.
(5) Personnel officers shall assure that raters of
examinations, including supplemental applications, performance
tests and oral ((boards)) panels, shall have an adequate
knowledge of the work required by the specific class or position.
(6) The personnel officer is responsible for the accuracy of the total examination ratings given by the raters of examinations and may disqualify a rater for good and sufficient reason(s). The personnel officer shall disqualify any rater who was biased, did not follow either the content or the intent of the rating guide, or did not possess the required technical knowledge to evaluate the examination.
(7) Applicants must obtain ratings of "satisfactory ability" or higher on all of the essential job elements in an examination in order to pass that examination.
(8) Applicants must pass the final phase of an examination in order to be placed on an eligible list.
[Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-17-120, filed 12/30/87, effective 2/1/88.]
AMENDATORY SECTION (Amending WSR 97-01-065, filed 12/13/96, effective 1/13/97)
WAC 251-19-060 Trial service period. (1) A trial service period of six months shall be required upon appointment of a permanent employee to a new class at the institution, unless
(a) During the current period of employment at the institution, permanent status has been held in the class to which the employee is moving, or
(b) The class is lower in that same class series, or
(c) The employee is being reallocated per the provisions of WAC 251-06-080 (1)(a), or
(d) The employee is moving to the class as part of a recognized apprenticeship program as provided in WAC 251-19-140(5).
(2) A trial service period of six months shall be required upon employee movement as specified in WAC 251-19-110.
(3) A trial service period shall be required upon appointment from an institution-wide promotional list as provided in WAC 251-18-180 (3)(b).
(4) The trial service period provides the employing official an opportunity to observe and evaluate the new employee's work. Employees who do not perform satisfactorily during the trial service period may be reverted as follows:
(a) With preemptive rights to the former position in which permanent status was last held, or to a vacant position in that class (except when reversion is from a position the appointment to which was a result of disciplinary demotion or employee movement as specified in WAC 251-19-110). The personnel officer shall determine which position to preempt. However, if the employee was in a trial service appointment in another class prior to the current trial service period, the personnel officer may provide the employee the opportunity to complete the first interrupted trial service period.
(b) Reversion must be preceded by written notice at least one work day (eight hours), before the effective date.
(c) If the former position to which the employee has preemptive rights has been abolished and a vacant position in the class is not available, or if there is no class to which the reverted employee has preemptive rights, the affected employee shall be accorded such bumping rights and placement on layoff lists as would be provided in layoff from his/her former class.
(5) Reversion from trial service must be preceded by:
(a) Written notice detailing deficiencies in performance, which shall include the specific changes required; and
(b) A reasonable opportunity to overcome identified deficiencies.
(6) An employee who is reverted may appeal to the personnel appeals board regarding:
(a) Whether the employer complied with the requirements of subsection (5)(a) and (b) of this section; and
(b) Whether the claimed deficiencies existed at the time of reversion.
(((7) The board may uphold the reversion action, extend the
trial service period, overturn the reversion, grant permanent
status or order such other actions as may be determined
appropriate pursuant to the best standards of personnel
administration.))
(((8))) (7) In the event an employee is on leave without
pay status and/or shared leave for more than ten work days during
the trial service period, the completion date of the trial
service period shall be extended by an amount of time equal to
the period of leave without pay and/or shared leave.
(((9))) (8) Successful completion of the trial service
period shall result in permanent status in the class.
(((10))) (9) Salary and periodic increment date shall be
determined as follows:
(a) Upon promotional trial service appointment, the salary shall be established as provided in WAC 251-08-110; and the existing periodic increment date shall be eliminated and a new date established to be effective the date of completion of trial service;
(b) Upon trial service reversion the salary shall be established as provided in WAC 251-08-115(4) and the former periodic increment date shall be reestablished;
(c) Upon trial service appointment to a class at the same salary level, the salary and periodic increment date shall remain unchanged.
[Statutory Authority: RCW 41.06.150. 97-01-065, § 251-19-060, filed 12/13/96, effective 1/13/97. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-078, § 251-19-060, filed 9/14/93, effective 10/1/93. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-060, filed 12/30/87, effective 2/1/88.]
AMENDATORY SECTION (Amending WSR 88-02-018 (Order 165), filed 12/30/87, effective 2/1/88)
WAC 251-19-110 Permanent classified employee interinstitutional and intersystem movement. Permanent classified employees desiring to promote, transfer, laterally move, or voluntarily demote to positions at other institutions/related boards or state agencies will:
(1) Have the responsibility for communicating their desires in writing to potential receiving institutions/related boards or the department of personnel.
(2) Be required to pass the examination for the class administered by the receiving institution/related board or department of personnel.
(3) Have their names placed on the appropriate eligible list as provided in WAC 251-18-180 or corresponding department of personnel register.
(4) Be certified to employing official(s) as provided in WAC 251-18-240 or corresponding department of personnel rule.
(5) Serve a trial service period of six months. If the trial service period is not satisfactorily completed, the employee shall be placed on the institution-wide layoff list at the institution/related board from which he/she came or corresponding department of personnel register.
(6) Be unable to bump if laid off during such trial service period even though layoff seniority will move with employee to the new position.
(7) Retain vacation and sick leave balances. Vacation leave
accrual rates shall be determined by the appropriate ((higher
education personnel board or department of personnel)) Title 251
WAC or Title 356 WAC rules.
(8) Retain their former periodic increment date except upon promotion in accordance with WAC 251-08-100 (3)(a).
[Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-110, filed 12/30/87, effective 2/1/88.]
AMENDATORY SECTION (Amending WSR 91-10-002, filed 4/18/91, effective 6/1/91)
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 ((28B.16)) 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
((28B.16.040(2))).
(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.
[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.]
AMENDATORY SECTION (Amending WSR 89-13-074 (Order 179), filed 6/21/89, effective 10/1/89)
WAC 251-19-122 Written notification of temporary appointment. (1) All temporary employees shall be notified in writing of the conditions of their employment prior to the commencement of each appointment and/or upon any subsequent change to the conditions of their employment.
(2) The written notification shall contain the following information:
(a) The reason for the temporary appointment (see WAC 251-01-415 (1), (2), and (3));
(b) The hours of work and the hourly rate of pay;
(c) The duration of appointment as adjusted by any current or former temporary appointments. The duration shall be expressed as a starting and expected end date;
(d) The name of the employee's supervisor;
(e) A statement regarding the receipt or nonreceipt of benefits. If the employee is to receive benefits, the statement shall include which benefits are to be received;
(f) The expected status of the employee ((within the higher
education personnel board system)) upon completion of the
appointment;
(g) The signature of the personnel officer and/or authorizing hiring official;
(h) The signature of the employee verifying receipt of the written notification;
(i) An identification of any current and/or previously held temporary positions at the institution;
(j) A statement of appeal rights for those positions in which a violation of WAC 251-01-415 may result in permanent status.
[Statutory Authority: RCW 28B.16.100. 89-13-074 (Order 179), § 251-19-122, filed 6/21/89, effective 10/1/89.]
AMENDATORY SECTION (Amending WSR 88-02-018 (Order 165), filed 12/30/87, effective 2/1/88)
WAC 251-19-140 Apprenticeship programs. (1) Apprentices
shall be employed and compensated under conditions appropriate
for the particular apprenticeable class which have been
recommended by the joint apprenticeship committee as approved by
the state apprenticeship council and the ((higher education
personnel)) board. Each apprentice shall enter into a training
contract with the joint apprenticeship committee and shall abide
by its term and conditions.
(2) When an apprenticeship agreement is cancelled, the employee shall have the same reversionary employment rights he/she had available at the time of entering the apprenticeship program.
(3) When an employee moves into an apprenticeship program and he/she has a higher salary than is provided by the apprenticeship program, his/her salary shall be continued at the existing level until the employee has been in the apprenticeship program long enough to move onto the apprenticeship salary schedule without a reduction in salary.
(4) Incremental salary step increases shall be in accordance with the appropriate salary schedule but are not solely dependent upon time in grade. Objective evaluation of performance in on-the-job and related training may be justification to delay an incremental salary increase until training requirements for that step have been fulfilled. Conversely, objective evaluation of performance may be justification to advance incremental salary steps to the level equal to ability and training.
(5) Graduates from the apprenticeship program will be assigned to the mid-step of the journey scale and will remain until twelve months elapse before moving to the top step. Movement from the apprenticeship program into the journey class does not require competition and a trial service appointment is not required.
[Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-140, filed 12/30/87, effective 2/1/88.]
AMENDATORY SECTION (Amending WSR 95-19-099, filed 9/20/95, effective 11/1/95)
WAC 251-19-157 Workers' compensation--Return-to-work--Program. Each institution of higher education shall establish a state employee return-to-work policy. It will be the responsibility of each institution to:
(1) Adopt a written return-to-work policy and submit a copy
to the ((higher education)) department of personnel ((board)) to
be kept on file. Prior to adoption, the institution shall
publish a copy of the proposed policy utilizing reasonable means
of communication available to the institution and allow
reasonable time for comment by interested parties.
(2) Take into consideration the special nature of employment in the institution.
(3) Name an institution representative responsible for coordinating the return-to-work program of the institution. At a minimum, the return-to-work coordinator will determine employee interests and availability regarding employment locations and types of employment, contact return-to-work coordinators at employment locations the employee has identified to facilitate identification of potential return-to-work opportunities, and submit completed forms to appropriate return-to-work coordinators.
(4) Provide all classified employees with information regarding the institution return-to-work policy.
(5) Train supervisors on implementation of the return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the employee.
(6) Coordinate participation of applicable employee assistance programs, as appropriate.
(7) Provide alternative work opportunities of limited duration to permanent employees who are eligible for the return-to-work program if possible. Such alternative employment opportunities may include work described under WAC 251-04-040.
[Statutory Authority: RCW 41.06.150. 95-19-099, § 251-19-157, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 28B.16.100. 91-10-001, § 251-19-157, filed 4/18/91, effective 6/1/91.]
AMENDATORY SECTION (Amending WSR 85-20-049 (Order 136), filed 9/25/85)
WAC 251-20-010 Employee performance evaluation--Authority,
purpose, use. (1) The rules contained in this chapter follow
from the authority of ((the higher education personnel law,))
chapter ((28B.16)) 41.06 RCW, which requires that standardized
employee performance evaluation procedures and forms be used by
institutions of higher education for the appraisal of employee
job performance at least annually.
(2) Supervisors will conduct annual performance evaluations to record and inform employees regarding how well they have contributed to the fulfillment of institution and job objectives.
(3) Performance evaluation shall not be used to initiate personnel actions such as transfers, promotion, or discipline.
[Statutory Authority: RCW 28B.16.100. 85-20-049 (Order 136), § 251-20-010, filed 9/25/85; 84-16-067 (Order 119), § 251-20-010, filed 7/31/84; 78-06-068 (Order 68), § 251-20-010, filed 5/25/78, effective 7/1/78.]
AMENDATORY SECTION (Amending WSR 95-19-099, filed 9/20/95, effective 11/1/95)
WAC 251-22-040 Holidays. (1) Legal holidays are designated by statute. The following holidays are identified per RCW 1.16.050:
(a) The first day of January (New Year's Day);
(b) The third Monday of January (Martin Luther King, Jr.'s birthday);
(c) The third Monday of February (Presidents' Day);
(d) The last Monday of May (Memorial Day);
(e) The fourth day of July (Independence Day);
(f) The first Monday in September (Labor Day);
(g) The eleventh day of November (Veterans Day);
(h) The fourth Thursday of November (Thanksgiving Day);
(i) The day immediately following Thanksgiving Day; and
(j) The twenty-fifth day of December (Christmas Day).
Each higher education institution will provide qualifying
employees in pay status with a paid holiday on the above days.
However, the governing board of each institution, and in the case
of the community college system through the state board for
community and technical colleges ((education)), may designate
other days to be observed in lieu of the above holidays.
Implementation of modified holiday schedules must be approved by
the director. Schedules may be determined on a calendar or
fiscal year basis. When an institution establishes a modified
schedule, paid holidays shall be granted based on the modified
schedule.
(2) Classified employees working twelve-month schedules or cyclic year position employees who work full monthly schedules throughout their work year shall receive the number of holidays for which they qualify during their scheduled work year as set forth in this section. Qualification is determined by being in pay status on the work day preceding the holiday(s).
(3) Cyclic year position employees scheduled to work less than full monthly schedules throughout their work year qualify for holiday compensation if they work or are in pay status on their last regularly scheduled working day preceding the holiday(s) in that month.
(4) Part-time classified employees shall be entitled to the number of paid hours on a holiday that their monthly schedule bears to a full time schedule.
(5) Full-time alternate work schedule employees shall receive eight hours of regular holiday pay per holiday. Any differences between the scheduled shift for the day and eight hours may be adjusted by use of vacation leave, use or accumulation of compensatory time as appropriate, or leave without pay.
(6) When a holiday falls on an employee's regularly scheduled day off, he/she shall receive a day of compensatory time off.
(7) Holiday time worked shall be compensated as provided in WAC 251-09-035.
(8) Whenever a holiday falls on Sunday, the following Monday shall be considered a nonworking or legal holiday. When a holiday falls on Saturday, the preceding Friday shall be considered a nonworking or legal holiday.
(9) Employees terminating immediately prior to a holiday do not qualify for holidays occurring after termination.
(10) Employees shall be entitled to one paid personal holiday per calendar year in addition to those specified in this section as provided in WAC 251-22-045.
[Statutory Authority: RCW 41.06.150. 95-19-099, § 251-22-040, filed 9/20/95, effective 11/1/95. Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-22-040, filed 1/2/87, effective 2/1/87; 86-08-037 (Order 146), § 251-22-040, filed 3/26/86, effective 5/1/86; 85-16-038 (Order 134), § 251-22-040, filed 7/31/85, effective 9/1/85; 83-20-020 (Order 108), § 251-22-040, filed 9/23/83, effective 10/24/83; 83-10-029 (Order 105), § 251-22-040, filed 4/29/83, effective 6/1/83; Order 61, § 251-22-040, filed 8/30/77, effective 10/1/77; Order 60, § 251-22-040, filed 7/18/77; Order 55, § 251-22-040, filed 6/1/76; Order 42, § 251-22-040, filed 5/23/75; Order 41, § 251-22-040, filed 3/17/75; Order 29, § 251-22-040, filed 1/22/74; Order 8, § 251-22-040, filed 6/17/71, effective 7/19/71; Order 3, § 251-22-040, filed 1/15/71.]
AMENDATORY SECTION (Amending WSR 88-02-017 (Order 164), filed 12/30/87, effective 2/1/88)
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 ((under the state personnel board jurisdiction)) 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.
[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.]
AMENDATORY SECTION (Amending WSR 90-14-018, filed 6/27/90, effective 8/1/90)
WAC 251-22-165 Workers' compensation--Leave. (1) Employees who suffer a work related injury or illness that is compensable under the state workers' compensation law may select time loss compensation exclusively, leave payment exclusively or a combination of time loss compensation and accrued paid leave.
(2) Employees taking sick leave during a period in which they receive workers' compensation under the industrial insurance provisions for a work related illness or injury shall receive full sick leave pay, less any industrial insurance payments for time loss during the sick leave period.
(a) Until eligibility for workers' compensation is determined by the department of labor and industries, the institution may pay full sick leave, provided that the employee shall return any overpayment to the institution when the salary adjustment is determined.
(b) Sick leave hours charged to an employee who receives workers' compensation, as a result of the time loss shall be proportionate to that portion of the employee's salary paid by the institution during the claim period.
(3) During a period when an employee receives pay for vacation leave, compensatory time off or holidays and also receives workers' compensation for time loss, he/she is entitled to both payments without any deduction for the industrial insurance payment.
(4) When an employee receives workers' compensation payment for time loss and is on leave without pay, no deductions will be made for the industrial insurance payment.
(5) An employee who sustains an industrial injury, accident
or illness, arising from employment by an institution under the
jurisdiction of the ((higher education personnel)) board shall,
upon written request and proof of continuing disability, be
granted leave of absence without pay for up to six months without
loss of layoff seniority or change in annual increment date.
Leave without pay exceeding six months without loss of layoff
seniority or change in annual increment date may be granted at
the option of the employing institution.
[Statutory Authority: RCW 28B.16.100. 90-14-018, § 251-22-165, filed 6/27/90, effective 8/1/90; 83-20-020 (Order 108), § 251-22-165, filed 9/23/83, effective 10/24/83; Order 61, § 251-22-165, filed 8/30/77, effective 10/1/77.]
AMENDATORY SECTION (Amending WSR 86-06-034 (Order 145), filed 2/28/86, effective 4/1/86)
WAC 251-23-010 Affirmative action--Authority. The rules
contained in this chapter follow from the authority of ((the
higher education personnel law, RCW 28B.16.100)) RCW 41.06.150,
which provides in part, ". . . The ((higher education personnel))
board shall adopt rules, consistent with the purposes and
provisions of this chapter . . . regarding the basis and
procedures to be followed for . . ."; RCW ((28B.16.100))
41.06.150(22), which provides in part, ". . . Affirmative action
in appointment, promotion, transfer, recruitment, training, and
career development; development and implementation of affirmative
action goals and timetables; and monitoring of progress against
those goals and timetables . . ."
[Statutory Authority: RCW 28B.16.100. 86-06-034 (Order 145), § 251-23-010, filed 2/28/86, effective 4/1/86.]
AMENDATORY SECTION (Amending WSR 90-02-054, filed 12/29/89, effective 2/1/90)
WAC 251-23-020 Affirmative action plans--Requirements--Approval. (1) Each higher education institution/related board shall be required to develop and implement both an equal employment opportunity/affirmative action policy statement and an affirmative action plan.
(2) Equal employment opportunity/affirmative action policy
statements and affirmative action plans shall comply with
applicable state and federal laws, regulations, and guidelines,
and shall require the approval of the director ((of the higher
education personnel board)) or designee.
[Statutory Authority: RCW 28B.16.100. 90-02-054, § 251-23-020, filed 12/29/89, effective 2/1/90; 86-06-034 (Order 145), § 251-23-020, filed 2/28/86, effective 4/1/86.]
AMENDATORY SECTION (Amending WSR 86-06-034 (Order 145), filed 2/28/86, effective 4/1/86)
WAC 251-23-030 Affirmative action plans--Monitoring
progress--Reporting. Each higher education institution/related
board shall monitor progress under its affirmative action
plan/program and shall submit a report to the director ((of the
higher education personnel board)), at least annually, reflecting
progress against goals and timetables and containing such other
information as required by the director.
[Statutory Authority: RCW 28B.16.100. 86-06-034 (Order 145), § 251-23-030, filed 2/28/86, effective 4/1/86.]
AMENDATORY SECTION (Amending Order 61, filed [8/30/77, effective] 10/1/77)
WAC 251-24-010 Employee development--Authority, purpose,
objective. (1) The rules contained in this chapter follow from
the authority of ((the higher education personnel law,)) RCW
((28B.16.100(1))) 41.06.150, which provides in part, ". . . the
((higher education personnel)) board shall adopt and promulgate
rules and regulations consistent with the purposes and provisions
of this chapter . . . regarding the basis for, and the procedures
to be followed for . . . training ((programs including in-service, promotional and supervisory)) and career development . .
."
(2) It is the board's intent that institutions will establish, conduct and report employee training and development programs. The rules in this chapter provide the guidelines for such programs.
(3) The objective of these rules is to provide opportunity for the development of the potential occupational or professional ability of each employee to make the most effective and economic use of employee resources in accomplishing institution's goals.
[Order 61, § 251-24-010, filed 8/30/77, effective 10/1/77; Order 29, § 251-24-010, filed 1/22/74.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION (Amending WSR 91-10-001, filed 4/8/91 [4/18/91], effective 6/1/91)
WAC 251-24-030 Training and development programs--Contents.
((Each)) Subject to approval by the director, each institution
((will)) shall develop ((and maintain on file with the board
(subject to approval by the director))) an employee training and
development plan that provides as a minimum:
(1) The policy and objectives of the institution concerning training and development programs;
(2) The institution's policy regarding training program expenses;
(3) Identification of the person(s) responsible for employee training and development programs;
(4) Provision for the identification and appraisal of training and development needs;
(5) The identification of proposed training activities in the following areas:
(a) New employee orientation;
(b) Functional training, such as in accounting, data processing, office administration and job skills;
(c) System training, such as affirmative action, labor relations and safety;
(d) Professional/technical training;
(e) Management and organizational development;
(f) The institution's off-hour training or continuing education program;
(g) Specific training in the prevention, transmission, and treatment of HIV and AIDS for those employees who have a substantial likelihood of on-the-job exposure to the human immunodeficiency virus or acquired immunodeficiency syndrome virus;
(h) Training of supervisors on implementation of the institution return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the employee;
(6) Provision specifying the manner of selecting employees for training or development programs;
(7) Provision for training records of employee participation;
(8) Provision for training and upgrading of skills of women and members of racial or ethnic minority groups as part of the institution's affirmative action program, including special training programs to achieve corrective action for underutilization of minority or female employees;
(9) Involvement of a representative group of employees in the development of the institution's training policy and plans;
(10) Provision for evaluation of training and development programs;
(11) The criteria by which the institution may provide employees the opportunity to attend class instruction in academic session during regular working hours;
(12) The institution's policy regarding release time during work hours for training course attendance;
(13) Provision for access to in-house training and development programs for former permanent employees returning from separation as set forth in WAC 251-10-070.
[Statutory Authority: RCW 28B.16.100. 91-10-001, § 251-24-030, filed 4/18/91, effective 6/1/91; 89-13-075 (Order 180), § 251-24-030, filed 6/21/89, effective 8/1/89; 89-08-003 (Order 176), § 251-24-030, filed 3/23/89, effective 5/1/89; Order 61, § 251-24-030, filed 8/30/77, effective 10/1/77; Order 29, § 251-24-030, filed 1/22/74.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION (Amending Order 61, filed 8/30/77, effective 10/1/77)
WAC 251-24-040 ((HEPB sponsored)) Higher education system
training. The administrative requirements of the higher
education personnel system are such that periodic training
programs or workshops may be required. In such cases, the
((higher education personnel board)) director will sponsor the
program and provide the necessary resources. To the extent
possible, the ((board)) director will respond to the needs of the
institutions by holding training sessions in various regions of
the state.
[Order 61, § 251-24-040, filed 8/30/77, effective 10/1/77; Order 29, § 251-24-040, filed 1/22/74.]
AMENDATORY SECTION (Amending WSR 86-14-041 (Order 152), filed 6/26/86, effective 8/1/86)
WAC 251-25-050 State internship program--Application of
rules. Except for chapter 251-25 WAC and WAC 251-10-025(7), the
((higher education personnel board rules)) remainder of Title 251
WAC does not apply to positions or to the interns in the state
internship program.
[Statutory Authority: RCW 28B.16.100. 86-14-041 (Order 152), § 251-25-050, filed 6/26/86, effective 8/1/86.]