WSR 03-12-092

EXPEDITED RULES

DEPARTMENT OF PERSONNEL


[ Filed June 4, 2003, 10:24 a.m. ]

Title of Rule: WAC 356-06-065 Incumbent status for positions converted by the board from exempt to classified.

Purpose: The purpose of this rule is to deal with the employee's status when the position they are appointed in is converted from exempt to classified.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: This rule was adopted on an emergency basis effective March 14, 2002. It was adopted on a second emergency effective July 11, 2002. When the CR-103 for the second emergency adoption was filed with the code reviser the rule language that was attached to the CR-103 had a typographical error in the language in subsection (10) of the rule. When the CR-103 was filed for permanent adoption the incorrect language was once again attached. This will correct the typographical error.

Reasons Supporting Proposal: This will correct a typographical error.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

Name of Proponent: Department of Personnel, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of this rule is to deal with the employee's status when the position they are appointed to is converted from exempt to classified.

When this rule was originally adopted on an emergency basis two separate versions of subsection (10) were presented to the board for consideration. The version the board adopted was filed with the code reviser for the first emergency adoption effective March 14, 2002. The board adopted the identical language on a second emergency effective July 11, 2002. When the CR-103 for the second emergency adoption was filed with the code reviser the rule language that was attached to the CR-103 was the incorrect version of subsection (10). When the permanent adoption was filed with the code reviser the incorrect language was once again attached. This will correct the typographical error.

Proposal Changes the Following Existing Rules: See above.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Connie Goff, Department of Personnel, 521 Capitol Way South, Olympia, WA 98504 , AND RECEIVED BY August 4, 2003.


June 4, 2003

E. C. Matt

Secretary


AMENDATORY SECTION(Amending WSR 02-15-047, filed 7/11/02, effective 9/1/02)

WAC 356-06-065   Incumbent status for positions converted by the board from exempt to classified.   (1) When the board determines that a position that has been treated as exempt does not meet the exemption criteria in WAC 356-06-020 the incumbent's status within the classified Washington general service will be in accordance with subsections (2) through (10) of this section.

(2) The incumbent shall not be required to pass a qualifying examination or meet the minimum qualifications for the Washington general service classification to which their position is allocated.

(3) Incumbents who have been continuously employed for a period of time equivalent to or greater than the probationary period established for their Washington general service classification shall not be required to complete the probationary period. Incumbents who have not been continuously employed for a period of time equivalent to or greater than the probationary period shall be required to complete the remaining portion of their probationary period.

(4) Incumbents whose salary is higher than the salary range assigned to their Washington general service classification shall be Y-rated in accordance with WAC 356-14-075.

(5) The periodic increment date (PID) for incumbents placed in positions converted by the board on or before the fifteenth of the month shall be set at the first day of that month. The PID for incumbents placed in positions converted by the board after the fifteenth of the month shall be set the first day of the following month.

(6) Incumbents shall be credited with all unused sick leave credits, if any, that they had accrued up to the time of placement in a position converted by the board and shall begin to accrue sick leave as provided in WAC 356-18-050.

(7) Incumbents shall be credited will all unused vacation leave credits, if any, that they had accrued up to the time of placement in a position converted by the board and shall begin to accrue vacation leave as provided in WAC 356-18-090.

(8) With regard to calculation of unused sick and vacation leave credits upon conversion, the employing agency's leave records are presumed to be accurate and in accordance with Chapter 356-18 WAC. If the incumbent disagrees he or she bears the burden of proof, by a preponderance of the evidence, that a different leave amount is correct under Chapter 356-18 WAC.

(9) The board will determine the methodology to be used for establishing the effective date for incumbent seniority. When feasible, the board will apply the methodology as prescribed in WAC 356-05-390. The employing agency shall set the seniority date in accordance with the board's instruction. Thereafter, incumbents shall accrue seniority in accordance with WAC 356-05-390. As provided in WAC 356-30-130, seniority gained by seasonal career employees during seasonal layoff will be disregarded. If an incumbent believes the agency did not set the seniority date in accordance with the board's instructions, the incumbent may request a review with the director. The written request for review must be filed with the director and received within 30 calendar days from the date the agency informed the employee of their seniority date. The request must contain the reasons and basis for the review. Once the review is completed the director or designee shall issue a decision, which will be final and binding.

(10) ((Once an incumbent is placed in a position converted under the provisions of this section, he/she shall be covered by the merit system rules and shall have appeal rights as set forth in these rules and Title 358 WAC.)) Incumbents placed in a position converted under the provisions of this section have appeal rights as provided in Title 356 WAC and Title 358 WAC.

[Statutory Authority: RCW 41.06.150. 02-15-047, 356-06-065, filed 7/11/02, effective 9/1/02.]

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