WSR 04-11-114

PROPOSED RULES

PERSONNEL RESOURCES BOARD


[ Filed May 19, 2004, 11:25 a.m. ]

Original Notice.

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

Title of Rule: WAC 356-05-178 Higher education system or higher education rules, 356-05-210 Law enforcement personnel, 356-05-220 Noncompetitive positions, 356-05-305 Premium payment, 356-05-370 Salary range, 356-05-375 Scheduling plan, 356-05-477 Washington general service, 356-05-479 Washington management service, 356-06-003 Scope, 356-06-040 Classified service, 356-06-065 Incumbent status for position converted by the board from exempt to classified, 356-06-100 Director -- Powers -- Duties, 356-06-110 Federal preemption -- Fair Labor Standards Act, 356-06-120 Americans with Disabilities Act of 1990-Feeral and state preemption, 356-07-040 General method of operation, 356-09-040 Affirmative action program -- Responsibilities -- Department of personnel, 356-10-020 Classification plan -- Revision, 356-10-045 Employee appointment status -- Lateral reallocation, 356-14-010 Compensation plan -- General provision, 356-14-031 Compensation plan -- Adoption, 356-14-045 Salaries -- Comparable worth, 356-14-062 Compensation plan -- Fiscal impact, 356-15-010 Compensation plan appendix -- Preparation -- Provision, 356-15-020 Work period designations, 356-15-060 Shift premium provisions and compensation, 356-15-125 Assignment pay provisions, 356-15-130 Special pay ranges, 356-22-036 College recruitment program -- General provisions, 356-22-230 Examinations -- Noncompetitive, 356-30-143 Intergovernmental mobility, 356-30-260 Probationary period -- Provisions -- Status of employee, 356-39-010 Chapter purpose, 356-39-020 Human resource development -- State-wide philosophy/definition, 356-46-070 Agencies -- Reports on employee status changes -- Requirements, 356-46-090 Personnel department -- Reciprocity with other jurisdictions, 356-46-100 Rules -- Amendments -- Notice, 356-46-125 Drug testing -- Limitations -- Uses, 356-56-010 Application of rules, 356-56-035 Definitions, and 356-56-070 Incumbent status for positions converted by the board from exempt to classified.

Repealing WAC 356-06-080 Powers -- Duties of the board.

Purpose: See above.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: These modifications will support the director of the Department of Personnel being granted authority for rule making and the adoption of the classification and compensation plan.

Reasons Supporting Proposal: These modifications are necessary for implementation of SHB 1268 which passed in 2003.

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: See Title of Rule above.

SHB 1268, which passed during the 2003 legislative session, removed rule-making authority on most topics, classification plan adoption and compensation plan adoption from the Washington Personnel Resources Board. As of July 1, 2004, under the provisions of the bill, the director of the Department of Personnel has authority to adopt rules, the classification plan and the compensation plan. The proposed modifications are necessary to implement this change.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 8, 2004, at 2:00.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 2, 2004, TDD (360) 753-4107 or (360) 586-8260.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by July 2, 2004.

Date of Intended Adoption: July 8, 2004.

May 19, 2004

E. C. Matt

Director


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

WAC 356-05-178   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)).

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-05-178, filed 9/10/98, effective 10/12/98.]


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

WAC 356-05-210   Law enforcement personnel.   Employees who meet the Fair Labor Standards Act requirements for the section 7(K) special exemption as described and limited by chapter 29, Code of Federal Regulations, sections 553.211 and 553.212, and who are designated as law enforcement work period designation by the ((board)) director.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-05-210, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-03-044 (Order 337), 356-05-210, filed 1/16/90, effective 3/1/90. Statutory Authority: RCW 41.06.150. 86-12-025 (Order 248), 356-05-210, filed 5/28/86, effective 7/1/86. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-210, filed 8/10/84.]


AMENDATORY SECTION(Amending WSR 84-17-042, filed 8/10/84)

WAC 356-05-220   Noncompetitive positions.   Positions designated by the ((board)) director as not requiring a competitive examination.

[Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-220, filed 8/10/84.]


AMENDATORY SECTION(Amending WSR 84-17-042, filed 8/10/84)

WAC 356-05-305   Premium payment.   Wage payment over and above the basic salary rate authorized by the ((board)) director for extraordinary conditions of employment.

[Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-305, filed 8/10/84.]


AMENDATORY SECTION(Amending WSR 92-20-024, filed 9/28/92, effective 11/1/92)

WAC 356-05-370   Salary range.   A sequence of minimum, intervening, and maximum dollar amounts designated by the ((board)) director as the monthly compensation for a class. Salary ranges are identified in the compensation plan by number.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 92-20-024 (Order 409), 356-05-370, filed 9/28/92, effective 11/1/92. Statutory Authority: RCW 41.06.150. 87-15-065 (Order 281), 356-05-370, filed 7/16/87, effective 9/1/87. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-370, filed 8/10/84.]


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

WAC 356-05-375   Scheduling plan.   A series of schedules, approved for specific positions by the director ((of personnel or the board)), through which schedules the incumbents move in an established pattern.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-05-375, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-375, filed 8/10/84.]


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

WAC 356-05-477   Washington general service.   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 356 WAC that are adopted by the ((board)) director.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-05-477, filed 9/10/98, effective 10/12/98. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 94-04-011, 356-05-477, filed 1/21/94, effective 3/1/94.]


AMENDATORY SECTION(Amending WSR 94-04-011, filed 1/21/94, effective 3/1/94)

WAC 356-05-479   Washington management service.   The system of personnel administration that applies to classified managerial employees or positions under the jurisdiction of RCW 41.06.022 and 41.06.500 ((and those chapters of Title 356 WAC that are adopted by the director of personnel)).

[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 94-04-011, 356-05-479, filed 1/21/94, effective 3/1/94.]


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

WAC 356-06-003   Scope.   The provisions of these rules shall apply to all personnel under the jurisdiction of chapter 41.06 RCW except those exempted under the provisions of WAC 356-06-020. 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 under the former higher education civil service law (chapter 28B.16 RCW). Further, these rules and compensation and classification plans shall continue to apply as before until such time as the board director has had adequate time to review and consider changes to the existing rules and plans.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-06-003, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), 356-06-003, filed 9/22/93, effective 10/23/93.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 98-19-034, filed 9/10/98, effective 10/12/98)

WAC 356-06-040   Classified service.   Positions subject to these rules are in the classified service and will be designated by the ((board)) director as competitive or noncompetitive.

(1) The competitive service includes positions in classes for which a competitive examination is required prior to appointment.

(2) The noncompetitive service includes those unskilled, seasonal and temporary classes or positions for which the ((board)) director has determined ranked registers to be impracticable.

(3) The director of personnel may at any time review the duties and requirements of any class or position to determine the practicality of competitive examinations and after such studies, present to the ((board)) director for determination, the proper inclusion or exclusion from the noncompetitive service.

(4) No positions in agencies designated as grant-in-aid, will be included in the noncompetitive service except those positions that need not meet the federal merit system standards or positions which can be placed in the noncompetitive service according to the federal merit system standards.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-06-040, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.140(17). 80-04-025 (Order 142), 356-06-040, filed 3/14/80; Order 71, 356-06-040, filed 12/30/74; Permanent and Emergency Order 39, 356-06-040, filed 9/15/71; Order 36, 356-06-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-050, 356-04-060, 356-04-070.]


AMENDATORY SECTION(Amending WSR 03-16-085, filed 8/5/03, effective 9/5/03)

WAC 356-06-065   Incumbent status for positions converted by the board from exempt to classified.   (1) When the ((board)) director 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)) director 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)) director 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)) director and shall begin to accrue sick leave as provided in WAC 356-18-050.

(7) Incumbents shall be credited with all unused vacation leave credits, if any, that they had accrued up to the time of placement in a position converted by the ((board)) director 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)) director will determine the methodology to be used for establishing the effective date for incumbent seniority. When feasible, the board director 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)) director'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 thirty 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) Incumbents placed in a position converted under the provisions of this section have appeal rights as provided in Titles 356 and 358 WAC.

[Statutory Authority: RCW 41.06.150. 03-16-085, 356-06-065, filed 8/5/03, effective 9/5/03; 02-15-047, 356-06-065, filed 7/11/02, effective 9/1/02.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 98-19-034, filed 9/10/98, effective 10/12/98)

WAC 356-06-100   Director -- Powers -- Duties.   (((1) The director of personnel shall direct and supervise all the department of personnel's administrative and technical activities in accordance with the provisions of the state civil service law and the rules and regulations approved and promulgated thereunder. The director shall prepare proposed rules and regulations for consideration by the board.

(2) The director shall establish a department completely separate from other state agencies and shall select a staff of assistants whose employment shall be subject to the provisions of these rules.

(3) The director shall serve as secretary to the board.

(4) The director may delegate authority to subordinates to act for him or her in carrying out duties duly assigned to the director in merit system rules. Such delegations of authority shall be in writing.

(5) The director of personnel may delegate to any agency the director's authority to perform administrative and technical personnel activities if such authority is requested. When an agency requests a delegation of the director's authority, the requesting agency 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 agency is not appropriately performing delegated activities, the director may withdraw from the agency the authority to perform such activities.))

The director of personnel is appointed by the governor under the provisions of RCW 41.06.130.

The director directs and supervises all the department of personnel's administrative and technical activities in accordance with the provisions of chapter 41.06 RCW and the civil service rules. The director is responsible to:

Adopt rules consistent with the purposes and provisions of the state civil service law and the best standards of personnel administration.

Audit and review the personnel administration and management at each agency, institution of higher education, and related higher education board periodically and at other such times as may be necessary.

Adopt and revise as necessary a comprehensive classification plan for all positions in the classified service. In adopting the revisions the director must comply with RCW 41.06.152, 41.06.150(4), and chapter 43.88 RCW.

Adopt and revise as necessary a state salary schedule in accordance with RCW 41.06.133(10).

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-06-100, filed 9/10/98, effective 10/12/98; 95-19-098, 356-06-100, filed 9/20/95, effective 11/1/95; Order 71, 356-06-100, filed 12/30/74; Order 36, 356-06-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-130.]


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

WAC 356-06-110   Federal preemption -- Fair Labor Standards Act.   Agencies shall comply with the ((board)) rules of the director (Title 356 WAC) unless doing so causes them to violate the Fair Labor Standards Act.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-06-110, filed 9/10/98, effective 10/12/98. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 95-03-090, 356-06-110, filed 1/18/95, effective 3/1/95.]


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

WAC 356-06-120   Americans with Disabilities Act of 1990--Federal and state preemption.   Agencies shall comply with the ((board)) rules of the director (Title 356 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. 98-19-034, 356-06-120, filed 9/10/98, effective 10/12/98; 98-08-024, 356-06-120, filed 3/20/98, effective 5/1/98.]


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

WAC 356-07-040   General method of operation.   (1) The general conduct of agency business is pursuant to the charter established in chapters 41.06 and 41.05 RCW, and Title 356 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 ((board)) action being taken by the board or the director on any jurisdictional matter, except appeals.

(3) Special meetings may be called by the board or the director subject to twenty-four hour notice, as required by law.

(4) Informal work sessions with interested parties are conducted by staff of the department of personnel as necessary to ensure representation from interested parties before proposals are made to the board or the director.

(5) All business of the department of personnel will be conducted in facilities which are accessible and/or in a manner which reasonably accommodates the needs of persons of disability.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-07-040, filed 9/10/98, effective 10/12/98; 87-02-038 (Order 267), 356-07-040, filed 1/2/87; Order 60, 356-08-040 (codified as WAC 356-07-040), filed 12/13/73.]


AMENDATORY SECTION(Amending WSR 99-19-114, filed 9/21/99, effective 11/1/99)

WAC 356-09-040   Affirmative action program -- Responsibilities -- Department of personnel.   The department of personnel is responsible for administering the state's affirmative action program and providing technical assistance to state agencies in the development and implementation of their affirmative action programs. In keeping with these responsibilities, the department of personnel will accomplish the following:

(1) Publish guidelines that will assist agencies in developing and implementing their affirmative action plan.

(2) Provide agencies with the data required to develop and implement affirmative action goals.

(3) Review agency affirmative action plans and equal employment opportunity policy statements for compliance with applicable merit system rules and established affirmative action guidelines, and recommend changes as appropriate.

(4) When plans and policy statements are in compliance, recommend them for approval to the governor's affirmative action policy committee.

(5) With the assistance of state agencies, initiate the recruitment of affected group members, including target recruitment when appropriate.

(6) Monitor items submitted to the ((board)) director for possible negative effect on affirmative action.

(7) Monitor affected group participation in agencies' human resource development activities.

(8) Monitor agencies' progress in meeting goals and addressing problems identified in their affirmative action program.

[Statutory Authority: RCW 41.06.150. 99-19-114, 356-09-040, filed 9/21/99, effective 11/1/99; 99-05-043, 356-09-040, filed 2/12/99, effective 4/1/99; 98-19-034, 356-09-040, filed 9/10/98, effective 10/12/98; 87-02-038 (Order 267), 356-09-040, filed 1/2/87.]


AMENDATORY SECTION(Amending WSR 02-15-050, filed 7/11/02, effective 9/1/02)

WAC 356-10-020   Classification plan -- Revision.   ((The director shall submit proposed)) Proposed revisions to the classification plan shall be submitted to the ((board)) director for review and approval.

(1) The ((board)) director shall hold open hearings on the proposals after 20 days' notice to employee organizations and agencies. The ((board)) director may modify the proposals.

(2) In adopting these revisions the ((board)) director shall comply with RCW 41.06.152, 41.06.150(12), and chapter 43.88 RCW.

[Statutory Authority: RCW 41.06.150. 02-15-050, 356-10-020, filed 7/11/02, effective 9/1/02; 98-19-034, 356-10-020, filed 9/10/98, effective 10/12/98; 96-11-062, 356-10-020, filed 5/10/96, effective 6/6/96; 95-19-054, 356-10-020, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), 356-10-020, filed 9/22/93, effective 10/23/93; Order 36, 356-10-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-020.]


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

WAC 356-10-045   Employee appointment status -- Lateral reallocation.   Employees in positions that have been reallocated laterally (to a different classification with the same salary range) are affected as follows:

(1) The employee may elect to retain existing appointment status in a position that is reallocated laterally provided he/she meets the minimum or desirable qualifications as determined by the director of personnel or designee. No further qualifying examination will be required and the employee will retain existing appointment status.

(2) If it is determined the employee does not meet the minimum qualifications for the new classification as provided in subsection (1) of this section and he/she is not transferred, promoted, demoted, or otherwise retained in status within sixty days, the provisions governing reduction in force shall apply.

(3) The employee retains existing appointment status when a position is reallocated laterally based on a revision of a class series, a class series study, or an agency-wide or major subdivision-wide classification review planned, conducted, or authorized by the department of personnel in advance of board director action (if any), when the reallocation involves no change in duties or responsibilities.

(a) An employee in an underfill status will maintain that status.

(b) Subsection (1) of this section applies when a change in duties, responsibilities, or organization coincides with a revision of a class series.

(4) The director of personnel or designee may approve the retention of status for an incumbent in a laterally reallocated position when it is evident that the reallocation is, in effect, the correction of a long-term inequity. The application of this subsection shall not be denied in those cases where the employee has performed the duties of the lateral class for three continuous years or more.

(5) The effective date of an incumbent's appointment status as provided for in subsection (1) or (4) of this section shall be the date the director of personnel or designee approves the position reallocation.

(6) The salary and periodic increment date of an employee who continues in a position that is reallocated laterally shall remain unchanged.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-10-045, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-10-045, filed 8/10/84.]

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 02-15-049, filed 7/11/02, effective 9/1/02)

WAC 356-14-010   Compensation plan -- General provisions.   The ((director)) department of personnel shall prepare a compensation plan for all classifications. The plan shall provide for:

(1) Full compensation to each employee for all work assigned and performed and consideration of all compensation to the employee in setting the employee's salary.

(2) Salary range schedules including the first, intervening, and maximum steps of each range.

(3) Assignment of each classification to a salary range giving full consideration to the prevailing rates in Washington state private industries, and other governmental units.

(4) Work period designation of each classification, or individual positions within a classification.

(5) Rates of premium pay, shift premium, and standby pay schedules determined by the ((board)) director in the same manner as are basic salaries.

[Statutory Authority: RCW 41.06.150. 02-15-049, 356-14-010, filed 7/11/02, effective 9/1/02; 98-19-034, 356-14-010, filed 9/10/98, effective 10/12/98; 86-14-071 (Order 253), 356-14-010, filed 7/1/86, effective 8/1/86. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), 356-14-010, filed 11/16/81; Order 98, 356-14-010, filed 1/13/77, effective 2/13/77; Order 86, 356-14-010, filed 5/4/76, effective 10/1/76*; Order 78, 356-14-010, filed 5/19/75; Order 71, 356-14-010, filed 12/30/74; Order 36, 356-14-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-110, 356-08-115.]


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

WAC 356-14-031   Compensation plan -- Adoption.   (1) The compensation plan as developed under this chapter shall be presented to the ((board)) director for review and adoption after consultation with and consideration of proposals from employee representatives and agencies affected.

(2) Twenty calendar days prior to the open hearing on the plan, the director of personnel shall circulate notice of the hearing to enable employee representatives and agencies affected to present their views either orally or in writing. The notice shall state the date, time, and place of the hearing, and either the terms or a description of the proposed plan. The ((board)) director may amend and adopt the plan at the hearing.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-14-031, filed 9/10/98, effective 10/12/98; 86-14-071 (Order 253), 356-14-031, filed 7/1/86, effective 8/1/86.]


AMENDATORY SECTION(Amending WSR 00-10-026, filed 4/24/00, effective 6/1/00)

WAC 356-14-045   Salaries -- Comparable worth.   (1) Salary changes necessary to achieve comparable worth shall be implemented during the 1983-85 biennium under a schedule developed by the department of personnel. Increases in salaries and compensation solely for the purpose of achieving comparable worth shall be made at least annually. Comparable worth for the jobs of all employees under chapter 41.06 RCW shall be fully achieved not later than June 30, 1993.

(2) Comparable worth entitlements shall comply with the December 31, 1985 settlement agreement between the state of Washington and the American Federation of State, County and Municipal Employees (AFSCME), et al., as approved by federal district court and ratified by the Washington legislature.

(3) Upon the establishment of new classes, or redefinition of existing classes, the following policy shall apply:

(a) When an existing class or class series that is covered by the settlement agreement is substantially revised, the comparable worth salary range involvement shall be determined by reevaluating the classes using the Willis methodology.

(b) The comparable worth salary range involvement for classes that were not covered by the settlement agreement and newly created classes or class series shall be determined based on internal indexing, or Willis evaluation, whichever is determined most appropriate by the director.

(c) Salary ranges for new or revised classes which are substantially common with higher education classes shall be equal, as applicable.

(4) Comparable worth evaluation committee:

(a) Comparable worth evaluations using the Willis methodology shall be conducted by an evaluation committee composed of at least eight member representatives from operating agencies, employee organizations, and department of personnel staff.

(b) Members shall be experienced in agency programs or personnel administration. Members must also attend meetings on a regular basis a majority of the time.

(c) The director shall process committee appointments, appoint officers, establish meeting agendas, call meetings, and schedule (or reschedule) evaluations as he/she deems appropriate. Affected agency or employee representatives must submit any requests for evaluations or reevaluations in writing to the director for disposition and written response.

(5) Other administrative requirements regarding comparable worth adjustments include, but are not limited to, the following:

(a) The process for determining comparable worth class salary range involvement, if any, will be made a part of the ((regular monthly board)) director's meeting agenda.

(b) Requesting agencies and organizations should submit new and revised class proposals in sufficient time to accommodate a possible two-month review and evaluation period requirement.

(c) Agency requests should include proposed salary survey indexing and proposed comparable worth involvement, if any, at time of item submission. Indexing and comparable worth information will be included in ((board)) director's meeting agenda ((publications)).

(d) For purposes of legal, fiscal, and legislative disclosure, comparable worth involvement salary ranges will be tracked and recorded by class.

[Statutory Authority: RCW 41.06.150. 00-10-026, 356-14-045, filed 4/24/00, effective 6/1/00; 98-19-034, 356-14-045, filed 9/10/98, effective 10/12/98; 87-09-037 (Order 273), 356-14-045, filed 4/14/87, effective 6/1/87; 86-14-071 (Order 253), 356-14-045, filed 7/1/86, effective 8/1/86.]


AMENDATORY SECTION(Amending WSR 87-15-045, filed 7/13/87, effective 9/1/87)

WAC 356-14-062   Compensation plan -- Fiscal impact.   The ((board)) director will not consider fiscal impact in determining salaries. However, salary changes are subject to approval by the director of the office of financial management in accordance with provisions of chapter 43.88 RCW.

[Statutory Authority: RCW 41.06.150. 87-15-045 (Order 280), 356-14-062, filed 7/13/87, effective 9/1/87.]


AMENDATORY SECTION(Amending Order 98, filed 1/13/77, effective 2/13/77)

WAC 356-15-010   Compensation plan appendix -- Preparation -- Provisions.   The ((board)) director shall establish rules as an appendix to the compensation plan which shall provide for:

(1) Definitions of work period designations.

(2) Definitions of authorized overtime and the rate of overtime compensation for all work period groups.

(3) Compensation rates and provisions for holidays, travel time, shift differential, split shift, standby, shift changes, call back, and work on scheduled days off or holidays.

(4) Definitions and provisions for special pay assignments and special pay ranges.

[Order 98, 356-15-010, filed 1/13/77, effective 2/13/77; Order 86, 356-15-010, filed 5/4/76, effective 10/1/76.*]


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

WAC 356-15-020   Work period designations.   (1) The ((board)) director shall assign a specific work period designation to each job class. In deciding which work period designation is appropriate, the ((board)) director shall consider the following factors:

(a) Whether the positions are exempt from the overtime provisions of the Fair Labor Standards Act as executive, administrative, professional, agricultural, outside sales, or recreational establishment personnel as summarized in chapter 356-05 WAC.

(b) Whether the positions have been historically paid overtime by the state.

(c) Whether the private sector or other governmental jurisdictions have a historical or prevailing overtime pay practice for direct counterpart positions.

(d) Other factors it may deem to be appropriate.

(2) The ((board)) director may authorize a work period designation for an individual position which differs from the class-wide designation when the position has atypical working conditions. When two or more designations are indicated for a job class, the first designation listed shall constitute the class-wide designation. Each position shall be assigned only one designation. The work period designation for persons on "in-training" and "underfill" appointments shall be the same as that of the position to which they are appointed, except that if the position is designated "exceptions," the employee's work period designation will be "nonscheduled."

(a) Scheduled (S):

(i) Standard: Full-time positions with conditions of employment which may be completed within five consecutive work days, each having the same starting time and lasting not more than eight working hours.

(ii) Alternate: Full-time positions with conditions of employment which may be completed within:

(A) Five work days lasting not more than eight working hours within the same workweek but which, because of operational necessity, cannot be scheduled with the same daily starting time or with consecutive days off; or

(B) Four work days lasting not more than ten working hours each within the same workweek; or

(C) Four nine-hour work days and one four-hour work day; or

(D) Ten consecutive work days with four consecutive days off; or

(E) Ten work days lasting not more than eight working hours and occurring within a scheduled fourteen consecutive day period. Positions are restricted to employees in the registered nurse class series who work in an institutional hospital primarily engaged in the care of residents.

(F) Continuous five work-days-per-week shifts which rotate each 28 days to a different schedule of regular days and hours per week. The rotation involves extended or shortened time off between the ending shift of one schedule and the beginning shift of the next, but does not require more than eight hours work in any one 24-hour period within a schedule, nor more than fifty-two 40-hour workweeks per year. Positions are limited to communications officers and scheduled commercial vehicle enforcement officers of the state patrol.

After giving written notice to the employee and the certified exclusive representative, the employer may implement an alternate schedule provided the employer can document a program need for the alternate schedule or the alternate schedule is mutually agreeable to the employer and employee.

(iii) Unlisted: Full-time positions for which the director of personnel has approved a schedule or scheduling plan not allowed above. Such unlisted schedules may be approved by the director of personnel when both the agency and the affected employees are in agreement. Approval by the exclusive representative shall constitute approval of employees within a certified bargaining unit.

(b) Nonscheduled (NS): Full-time positions with conditions of employment which necessitate adjustment of hours by employees within forty working hours within the workweek. These positions may have preset schedules or task assignments which require their attendance at certain hours, but are generally responsible to adjust their hours to best accomplish their workload.

(c) Law enforcement (1): Full-time positions which meet the law enforcement criteria of section 7(k) of the Fair Labor Standards Act. (Defined as law enforcement personnel in WAC 356-05-210.)

(d) Exceptions (e): Full-time positions which are exempt from the overtime provisions of the Fair Labor Standards Act as executive, administrative, professional, agricultural, outside sales, or recreational establishment personnel as summarized in chapter 356-05 WAC.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-15-020, filed 9/10/98, effective 10/12/98; 88-05-028 (Order 294), 356-15-020, filed 2/12/88, effective 4/1/88; 87-24-027 (Order 286), 356-15-020, filed 11/24/87, effective 1/1/88; 86-12-025 (Order 248), 356-15-020, filed 5/28/86, effective 7/1/86; 86-01-014 (Order 239), 356-15-020, filed 12/6/85; 85-01-083 (Order 212), 356-15-020, filed 12/19/84; 83-24-002 (Order 193), 356-15-020, filed 11/28/83. Statutory Authority: RCW 41.06.150(17). 82-05-034 and 82-06-009 (Order 167 and 167-A), 356-15-020, filed 2/16/82 and 2/19/82; 79-10-064 (Order 133), 356-15-020, filed 9/18/79; Order 113, 356-15-020, filed 11/30/77, effective 1/1/78; Order 98, 356-15-020, filed 1/13/77, effective 2/13/77; Order 86, 356-15-020, filed 5/4/76, effective 10/1/76.*]


AMENDATORY SECTION(Amending WSR 98-09-066, filed 4/20/98, effective 6/1/98)

WAC 356-15-060   Shift premium provisions and compensation.   (1) Basic shift premium shall be paid in the amount specified in WAC 356-15-061. For purposes of this section, regularly scheduled means the permanently assigned work schedule/work shift, not including overtime hours, as determined by the agency.

(2) For purposes of this section, evening shift is defined as a work shift of eight or more hours which ends at or after 10:00 p.m. Night shift is defined as a work shift of eight or more hours which begins by 3:00 a.m.

(3) Full time employees shall be entitled to basic shift premium under the following circumstances:

(a) Regularly scheduled evening and night shift employees are entitled to shift premium for all hours worked.

(b) Regularly scheduled day shift employees are not entitled to shift premium unless:

(i) The employee's regular or temporary scheduled workshift includes hours after 6:00 p.m. and before 6:00 a.m. where no overtime, schedule change pay, or call-back compensation is received. Shift premium is paid only for those hours actually worked after 6:00 p.m. and before 6:00 a.m.

(ii) The employee is temporarily assigned a full evening or night shift where no overtime, schedule change pay, or call-back compensation is received. Shift premium is paid only for all evening or night-shift hours worked in this circumstance.

(c) Employees regularly scheduled to work at least one, but not all, evening and/or night shifts are entitled to shift premium for those shifts. Additionally, these employees are entitled to shift premium for all hours adjoining that evening or night shift which are worked.

(4) Part-time and intermittent employees shall be entitled to basic shift premium under the following circumstances:

(a) For all assigned hours of work after 6:00 p.m. and before 6:00 a.m.

(b) For assigned full evening or night shifts, as defined in subsection (2) of this section.

(5) Monthly shift premium rates: In cases where shift premium hours are regularly scheduled over a year, agencies may pay shift premium at a monthly rate which is equal for all months of the year. Such monthly rates shall be calculated by dividing twelve into the amount of shift premium an employee would earn in a year if the hourly rules in subsection (2) of this section were applied. This option is granted to simplify bookkeeping and is not authorized to establish shift premium rates higher or lower than those set by the ((board)) director.

(6) Shift premium and overtime: When an employee is compensated for working overtime during hours for which shift premium is authorized in this section, the overtime rate shall be calculated using the "regular rate" as defined in WAC 356-05-353.

(7) Payment during leave and for holidays not scheduled to work: Employees eligible for shift premium for their regularly scheduled shifts will receive the same proportion of shift premium for respective periods of authorized paid leave and for holidays not worked which fall within their regularly scheduled shift.

[Statutory Authority: RCW 41.06.150. 98-09-066, 356-15-060, filed 4/20/98, effective 6/1/98; 98-03-052, 356-15-060, filed 1/16/98, effective 3/1/98. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 96-13-075, 356-15-060, filed 6/18/96, effective 8/1/96. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-12-086 (Order 419), 356-15-060, filed 5/28/93, effective 7/1/93; 92-14-063 (Order 406), 356-15-060, filed 6/26/92, effective 8/1/92. Statutory Authority: RCW 41.06.150. 86-12-025 (Order 248), 356-15-060, filed 5/28/86, effective 7/1/86; 86-06-017 (Order 242), 356-15-060, filed 2/24/86; 85-14-008 (Order 224), 356-15-060, filed 6/24/85; 84-14-006 (Order 207), 356-15-060, filed 6/22/84; 84-05-024 (Order 198), 356-15-060, filed 2/10/84; Order 98, 356-15-060, filed 1/13/77, effective 2/13/77; Order 86, 356-15-060, filed 5/4/76, effective 10/1/76.*]


AMENDATORY SECTION(Amending WSR 01-08-005, filed 3/22/01, effective 5/1/01)

WAC 356-15-125   Assignment pay provisions.   The ((board)) director may grant additional pay to recognize assigned duties and/or conditions that exceed the ordinary. Hazards, equipment operations and other specialized skills are examples of areas for ((board)) director consideration. Out of the ordinary conditions include being in a position which is experiencing recruitment and/or retention problems and is located in an area where the cost of living impacts the agency's ability to recruit and/or retain employees. Approved classes will have the letters "AP" appearing after their class title in the compensation plan.

Details of the affected classes or positions within a class, with the additional amount granted, will appear in the salary schedule section of the compensation plan.

[Statutory Authority: RCW 41.06.150. 01-08-005, 356-15-125, filed 3/22/01, effective 5/1/01; 98-19-034, 356-15-125, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 92-20-024 (Order 409), 356-15-125, filed 9/28/92, effective 11/1/92. Statutory Authority: RCW 41.06.150. 87-15-065 (Order 281), 356-15-125, filed 7/16/87, effective 9/1/87. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), 356-15-125, filed 11/16/81.]


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

WAC 356-15-130   Special pay ranges.   The ((board)) director may allow for special pay ranges to equal or approximate prevailing rate practices found in private industry or other governmental units. An affected class is identified either by a letter designation following the basic salary range number or by a letter designation preceding a number. In the latter case, a special salary schedule will be used for such classes.

Details of the affected classes with a special pay range will appear in the salary schedule section of the compensation plan.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-15-130, filed 9/10/98, effective 10/12/98; 97-24-038, 356-15-130, filed 11/26/97, effective 1/1/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 92-22-043 (Order 413), 356-15-130, filed 10/27/92, effective 12/1/92; 91-13-034 and 91-15-021 (Orders 373 and 373A), 356-15-130, filed 6/13/91 and 7/11/91, effective 7/14/91 and 8/11/91; 91-05-083 (Order 370), 356-15-130, filed 2/20/91, effective 4/1/91; 90-23-030 (Order 361), 356-15-130, filed 11/14/90, effective 12/15/90; 90-13-068 (Order 355), 356-15-130, filed 6/18/90, effective 7/19/90. Statutory Authority: RCW 41.06.150. 89-14-027 (Order 321), 356-15-130, filed 6/26/89, effective 8/1/89; 85-09-030 (Order 221), 356-15-130, filed 4/12/85; 83-08-010 (Order 181), 356-15-130, filed 3/25/83. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), 356-15-130, filed 11/16/81; 79-12-012 (Order 137), 356-15-130, filed 11/13/79; Order 109, 356-15-130, filed 9/7/77; Order 98, 356-15-130, filed 1/13/77, effective 2/13/77; Order 86, 356-15-130, filed 5/4/76, effective 10/1/76.*]


AMENDATORY SECTION(Amending WSR 92-14-066, filed 6/26/92, effective 9/1/92)

WAC 356-22-036   College recruitment program -- General provisions.   (1) Positions included within the college recruitment program must meet the classification and minimum qualifications criteria established by the ((board)) director specifically for the college recruitment program job classes.

(2) State employees meeting the requirements of specifically established college recruitment program classifications shall be eligible for testing and placement on the appropriate college recruitment program register under this program.

(3) All positions participating in this program shall be included under the combined register and referral program unless requested differently by a participating agency.

(4) Selective skill certifications for completion of specific internships, work study, or fellowship assignments or for specific bachelor's or master's degree fields are permitted as required by a participating position and authorized by the director of the department of personnel or designee.

(5) College recruitment program position advertisement may be targeted or limited by design and distribution to meet specific recruitment needs. Participating agencies may develop specific recruiting strategies and notices to support the filling of program positions.

(6) Eligible applicants may apply at any time and may be placed on the appropriate college recruitment program register without further testing if a previous passing score for the same college recruitment program classification and test was attained.

(7) College recruitment program registers shall be maintained by the director of the department of personnel and may be purged as required to ensure register viability.

(8) Emphasis shall be given to support agency training requests in accordance with WAC 356-30-135 in support of training, career tracks, affirmative action programs, and retention goals of the college recruitment program.

(9) Salary ranges for the college recruitment program job classifications shall be established by the board director to ensure that salaries fairly represent positions embodied in the college recruitment program classifications.

(10) Specific college recruitment program merit system rules established herein shall take precedence in the administration of this program. All other merit system rules apply in the absence of specific rules established herein.

[Statutory Authority: RCW 41.06.040 and 41.06.150. 92-14-066 (Order 407), 356-22-036, filed 6/26/92, effective 9/1/92.]


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

WAC 356-22-230   Examinations -- Noncompetitive.   (1) The noncompetitive service comprises those unskilled, seasonal and temporary classes or positions for which the ((board)) director has determined ranked registers to be impracticable. Although exactly the same selection procedures may be used as in the competitive service, they need not be applied beyond the point of determining that a given applicant achieves a passing score.

(2) The director of personnel may designate agency personnel officers to act in the director's behalf, as agents of the department of personnel, for purposes of establishing and maintaining unranked registers within the noncompetitive service for those positions approved by the ((board)) director. The director of personnel shall be responsible for developing necessary procedures which include yearly audit provisions. Applicants shall have appeal rights to the director of personnel in accordance with other provisions of these rules.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-22-230, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150(17). 79-11-046 (Order 136), 356-22-230, filed 10/15/79, effective 1/1/80; Order 77, 356-22-230, filed 5/7/75, effective 6/7/75; Order 71, 356-22-230, filed 12/30/74; Order 36, 356-22-230, filed 7/1/71, effective 8/1/71. Formerly WAC 356-16-280.]


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

WAC 356-30-143   Intergovernmental mobility.   In accordance with the intent of the Intergovernmental Personnel Act (P.L. 91-648) regarding mobility assignments and/or notwithstanding any other provisions of these rules, the ((board)) director or designee may authorize appointments into the classified service from other governmental units when such appointments are for purposes of cross-training or sharing of expertise across governmental boundaries. Such appointments shall be time limited.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-30-143, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150(17). 78-10-070 (Order 123), 356-30-143, filed 9/26/78; 78-06-017 (Order 120), 356-30-143, filed 5/12/78.]


AMENDATORY SECTION(Amending WSR 02-15-053, filed 7/11/02, effective 9/1/02)

WAC 356-30-260   Probationary period -- Provisions -- Status of employee.   (1) Employees who receive appointments to permanent positions from the open competitive register and the reemployment register shall serve a probationary period of six to twelve months as determined by the ((board)) director. Employees appointed from the open competitive or promotional register prior to completing their probationary period shall start a new probationary period, except as provided in WAC 356-30-280. The ((board)) director shall designate a probationary period of six months for all positions in a class unless they determine that job requirements of the class require a longer period (up to twelve months) to provide adequate training and/or evaluation. The ((board)) director shall apply the following criteria for approving probationary periods of longer than six months:

(a) The work of the majority of the positions in the class is of such a nature that performance of the full range of duties cannot be properly evaluated within six months after an appointment.


or

(b) Work of the class is cyclical in nature and the workload cycle cannot be completed within six months after an appointment.


or

(c) Work is of such a nature that extended formalized training is required prior to the full assumption of duties.

All positions in a class shall have the same probationary period.

(2) All persons at time of appointment shall be notified in writing by the agency of the length of their probationary period. When the probationary period for a class is increased beyond six months, the increased probationary period shall apply only to persons appointed after the effective date of the change.

(3) The probationary period will provide the appointing authority with the opportunity to observe a new employee's work, to train and aid the new employee in adjustment to the position, and to terminate any employee whose work performance fails to meet the required standards.

(4) Employees who, during their probationary period, go on leave without pay or shared leave shall have their probationary period extended by the number of calendar days they are on leave without pay or shared leave including any intervening nonworking days.

(5) Employees shall have their probationary period extended by the number of calendar days in excess of thirty in which the employee is not at work including any intervening nonwork days if:

(a) Work is missed due to sick leave, vacation leave, military training leave, or miscellaneous leave; or

(b) Work is missed by employees of the departments of social and health services, corrections, veterans affairs, or natural resources due to an assault that occurred on the job and who are receiving compensation in an amount equal to full pay, as provided in chapters 72.01 and 72.09 RCW; or

(c) Work is missed due to any combination of leave identified in (5)(a) and (b) of this section which when added together exceeds thirty calendar days.

(6) Work missed during the probationary period due to holidays shall be counted as part of the required probationary period.

(7) When an employee accepts a temporary appointment to a higher class in the same series in the same work unit while serving in a probationary period, the probationary period shall continue for the lower class.

(8) Permanent appointment of a probationary employee shall be automatic unless the person is dismissed under provision of WAC 356-30-270.

(9) Veterans and their widows who have not remarried and are in probationary status will be granted seniority preference only within ranks of probationary employees and will not be granted preference within the ranks of the permanent employees until they acquire permanent status.

[Statutory Authority: RCW 41.06.150. 02-15-053, 356-30-260, filed 7/11/02, effective 9/1/02; 01-23-014, 356-30-260, filed 11/8/01, effective 1/1/02; 99-01-052, 356-30-260, filed 12/10/98, effective 1/11/99; 98-19-034, 356-30-260, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-20-029 (Order 383), 356-30-260, filed 9/23/91, effective 11/1/91; 91-07-055 (Order 371), 356-30-260, filed 3/19/91, effective 5/1/91. Statutory Authority: RCW 41.06.150. 88-06-001 (Order 295), 356-30-260, filed 2/19/88, effective 4/1/88. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), 356-30-260, filed 9/22/82; Order 36, 356-30-260, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-220.]


AMENDATORY SECTION(Amending WSR 78-02-049, filed 1/19/78)

WAC 356-39-010   Chapter purpose.   This chapter sets forth the ((board's)) philosophy of the board and the director on elements of human resource development. Further, this chapter establishes regulatory policies on and assigns specific responsibilities for those elements of human resource development to the department of personnel, the agencies and individual employees.

[Statutory Authority: RCW 41.06.150(17). 78-02-049 (Order 116), 356-39-010, filed 1/19/78.]


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

WAC 356-39-020   Human resource development -- State-wide philosophy/definition.   Optimum utilization of its human resources aids state government in providing effective and economic services. Therefore, it is the ((board's)) philosophy of the board and the director that a highly productive, motivated workforce be achieved and maintained through a state-wide program of human resource development.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-39-020, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150(17). 78-02-049 (Order 116), 356-39-020, filed 1/19/78.]


AMENDATORY SECTION(Amending Order 75, filed 3/24/75)

WAC 356-46-070   Agencies -- Reports on employee status changes -- Requirements.   The director shall provide appropriate forms for reporting of appointment, transfer, promotion, demotion, salary change, and any other temporary or permanent change in status of any employee. Utilizing such forms, appointing authorities shall report each status change to the director. Except as provided below, the director will indicate approval or disapproval on the forms and return a copy to the agency. The director shall also maintain a copy of the completed forms in department of personnel files, or in lieu thereof, may maintain in the files copies of listings of transactions accomplished by automated data processing equipment: Provided, That periodic salary increment increases, as defined by WAC 356-14-110 through 356-14-120, shall not be individually approved by the director. Each agency head shall be responsible for approval of such increases and shall assure that such are made in accordance with the rules and the approved compensation plan of the ((board)) director.

[Order 75, 356-46-070, filed 3/24/75; Order 36, 356-46-070, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-200.]


AMENDATORY SECTION(Amending Order 36, filed 7/1/71, effective 8/1/71)

WAC 356-46-090   Personnel department -- Reciprocity with other jurisdictions.   The ((board)) director may cooperate with other state departments or with federal or local departments whose merit systems operate in conformity with standards comparable to those contained in these rules. The ((board)) director may announce and administer joint examinations in conformity with the provisions of these rules, and the ((board)) director may, in the absence of an appropriate register for a particular class of positions, recognize an appropriate register for such class of position established under another merit system operating in conformity with these standards and may accept regular certification from such registers under the rules governing certification.

[Order 36, 356-46-090, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-230.]


AMENDATORY SECTION(Amending WSR 78-07-008, filed 6/12/78)

WAC 356-46-100   Rules -- Amendments -- Notice.   Whenever necessary or desirable, the director shall consult with agencies and employee representatives affected to receive recommended amendments to the merit system rules. After 20 calendar days' notice to the above affected groups, the ((board)) director shall hold hearings to approve, modify or reject the recommendation. Copies of approved amendments shall be sent to all agencies and made available for public distribution.

[Statutory Authority: RCW 41.06.150(17). 78-07-008 (Order 121), 356-46-100, filed 6/12/78; Order 36, 356-46-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-32-240.]


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

WAC 356-46-125   Drug testing -- Limitations -- Uses.   Except as required by federal or state laws or as provided in subsection (1) of this section, no agency may perform or cause to be performed a drug test of any employee or prospective employee.

(1) An agency may require a specific employee to submit to drug testing designed to identify the presence in the body of controlled substances referenced under chapter 69.50 RCW, other than drugs prescribed by a physician, if:

(a) The agency has specific, objective grounds stated in writing to believe the employee's work performance is impaired due to the presence of such substances in the body; and

(b) The employee is in a position where such impairment presents a danger to the physical safety of the employee or another; and

(c) The agency has a specific written policy authorizing such test, establishing procedures under which they may be conducted, and protecting the confidentiality of the results, provided the results may be disclosed in an action or proceeding challenging any disciplinary action arising from the incident which led to the test. The agency's proposed policy must be submitted to the affected exclusive bargaining representative or representatives and approved by the director of the department of personnel before implementation.

(2) An employee who is found to be impaired on the job due to the use of controlled substances may be subject to disciplinary action in accordance with existing laws and regulations, but the results of such drug test shall provide no independent basis for disciplinary action. However, the agency may use the results of a drug test to require an employee to successfully complete a rehabilitation plan. The rehabilitation plan terms may require the employee to pass all subsequent drug tests. In this situation, the independent use of a subsequent drug test may be the basis for disciplinary action.

(3) In the event an employee is found to have used controlled substances, the agency shall inform the employee of available assistance through the employee advisory service or other similar program.

(4) Nothing herein shall prevent an agency from conducting medical screening to monitor exposure to toxic or other unhealthy substances in the work place, provided such screenings are limited to the specific substances reasonably believed to be present.

(5) Except as expressly set forth above, nothing herein shall add to or detract from any agency authority under chapter 41.06 RCW or regulations of the ((board)) director to establish job performance standards, or conditions of employment, or to base continued employment on satisfactory job performance.

[Statutory Authority: RCW 41.06.150. 98-19-034, 356-46-125, filed 9/10/98, effective 10/12/98. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 95-01-074, 356-46-125, filed 12/15/94, effective 2/1/95. Statutory Authority: RCW 41.06.150. 88-03-042 (Order 291), 356-46-125, filed 1/19/88, effective 3/1/88.]


AMENDATORY SECTION(Amending WSR 94-01-126, filed 12/17/93, effective 1/18/94)

WAC 356-56-010   Application of rules.   (1) These rules shall be separate from rules adopted by the Washington personnel resources board or the director for ((other)) classified employees in the Washington general service, and to the extent that the rules adopted apply only to managers((, shall take precedence over rules adopted by the board, and are not subject to review by the board)).

(2) The intent of the director of personnel in adopting the rules in this chapter is to comprehensively cover the personnel matters relating to Washington management service positions. Therefore, if a Washington management service issue is identified that the director has not specifically addressed by adopting rules, the ((Washington personnel resources board)) rules governing Washington general service shall not be effective or take precedence in addressing the issue.

(3) Except where specifically stated otherwise, the following WAC chapters do not apply to positions or employees included in the Washington management service:


WAC 356-05 Definitions
WAC 356-10 Classification
WAC 356-14 Compensation
WAC 356-15 Compensation plan appendix
WAC 356-22 Recruitment -- Examination
WAC 356-26 Registers -- Certification
WAC 356-30 Appointments -- Separation
WAC 356-34 Disciplinary action -- Appeals
WAC 356-37 Hearings
WAC 356-39 Human resource development
WAC 356-49 Intersystem employment

(4) Except where specifically stated otherwise, the following WAC chapters do apply to positions or employees included in the Washington management service:


WAC 356-06 General provisions
WAC 356-07 Operations and public records
WAC 356-09 Affirmative action program
WAC 356-18 Leave
WAC 356-35 Disability -- Separation -- Appeals--Procedures
WAC 356-42 Labor relations
WAC 356-46 Miscellaneous
WAC 356-48 State internship program

[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, 356-56-010, filed 12/17/93, effective 1/18/94.]


AMENDATORY SECTION(Amending WSR 97-23-001, filed 11/5/97, effective 12/8/97)

WAC 356-56-035   Definitions.   (1) Anchor positions. Generic anchor positions are those which are found in many agencies; they are commonly understood and similarly used from agency to agency. Agency-specific anchor positions are those anchor positions in each agency which are commonly understood and similarly used throughout the agency.

(2) Appointing authority. A person or group of persons designated by the agency head to make appointments, impose formal discipline or otherwise regulate personnel matters.

(3) Evaluation points. The points resulting from an evaluation of a position using the managerial job value assessment chart.

(4) Management bands. A series of management levels included in the Washington management service. Placement in a band reflects the nature of management, decision-making environment and policy impact, and scope of management accountability and control assigned to the position.

(5) Salary standard. The maximum dollar amount assigned to a position in those agencies that use a salary standard in addition to, or in place of, evaluation points.

(6) Transfer. Movement from one position to a different position with the same evaluation points.

(7) Washington general service. 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 356 WAC that are adopted by the Washington personnel resources board)) which do not meet the definition of manager found in RCW 41.06.020.

(8) Washington management service. The system of personnel administration that applies to classified managerial employees or positions under the jurisdiction of RCW 41.06.022 and 41.06.500 ((and those chapters of Title 356 WAC that are adopted by the director of personnel)).

[Statutory Authority: RCW 41.06.500. 97-23-001, 356-56-035, filed 11/5/97, effective 12/8/97. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-12-055, 356-56-035, filed 5/27/94, effective 7/1/94; 94-01-126, 356-56-035, filed 12/17/93, effective 1/18/94.]


AMENDATORY SECTION(Amending WSR 02-15-043, filed 7/11/02, effective 9/1/02)

WAC 356-56-070   Incumbent status for positions converted by the board from exempt to classified.   (1) When the ((board)) director 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 management service will be in accordance with subsections (2) through (9) of this section.

(2) The incumbent shall not be required to meet any additional agency selection requirements in order to be placed into the converted position.

(3) Incumbents who have been continuously employed for a period of time equivalent to or greater than the Washington management review period that the agency requires to obtain permanent status shall not be required to complete a review period. Incumbents who have not been continuously employed for a period of time equivalent to or greater than the established review period shall be required to complete the remaining portion of the Washington management service review period.

(4) Incumbents whose salary is higher than the range of consideration or band assigned to the Washington management service shall retain their current salary, which will be administered as a Y-rate in accordance with WAC 356-14-075.

(5) 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)) director and shall begin to accrue sick leave as provided in WAC 356-18-050.

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

(7) With regard to calculation of unused sick and vacation leave credits upon conversion, the employing agency is entitled to a presumption that its calculations are 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.

(8) The director will determine the methodology to be used for establishing the effective date for incumbent seniority. When feasible, the director will apply the methodology as prescribed in WAC 356-05-390. The employing agency shall set the seniority date in accordance with the director'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 director'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 thirty 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.

(9) Incumbents placed in a position converted under the provisions of this section have appeal rights as provided in Titles 356 and 358 WAC.

[Statutory Authority: RCW 41.06.150. 02-15-043, 356-56-070, filed 7/11/02, effective 9/1/02.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 356-06-080 Powers -- Duties of the board.

Legislature Code Reviser 

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Washington State Code Reviser's Office