WSR 04-13-179

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed June 23, 2004, 11:30 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: New sections WAC 357-01-005 Affected groups, 357-01-010 Affirmative action program, 357-01-015 Affirmative action plan, 357-01-020 Allocation, 357-01-025 Appointing authority, 357-01-030 Assignment pay, 357-01-035 Availability, 357-01-040 Base salary, 357-01-045 Board, 357-01-050 Career development, 357-01-055 Career planning, 357-01-060 Certification, 357-01-065 Certified pool, 357-01-070 Charges, 357-01-075 Class, 357-01-080 Class series/occupational category, 357-01-085 Classified service, 357-01-090 Competencies, 357-01-095 Demotion, 357-01-100 Department, 357-01-105 Developmental opportunities, 357-01-110 Director, 357-01-115 Disabled veteran, 357-01-120 Dismissal, 357-01-125 Eligible applicant, 357-01-130 Eligible candidate, 357-01-135 Elevation, 357-01-140 Employee, 357-01-145 Employer, 357-01-150 Employing official, 357-01-155 Employee performance management process, 357-01-160 Exam, 357-01-165 Exam process, 357-01-170 Final exam results, 357-01-175 General government employer, 357-01-180 Higher education employer, 357-01-185 Job analysis, 357-01-190 Job seeker, 357-01-195 Layoff unit, 357-01-200 List, 357-01-205 Nonrepresented employee, 357-01-210 Nonpermanent appointment, 357-01-215 Occupational category/class series, 357-01-220 Overtime-eligible employee, 357-01-225 Overtime-exempt employee, 357-01-230 Performance management confirmation, 357-01-235 Persons with disabilities, 357-01-240 Position, 357-01-245 Premium, 357-01-250 Probationary period, 357-01-255 Progression increase date (PID), 357-01-260 Promotion, 357-01-265 Promotional organizational unit, 357-01-270 Reallocation, 357-01-275 Reassignment, 357-01-280 Reemployment, 357-01-285 Regular rate, 357-01-290 Reversion, 357-01-295 Salary range, 357-01-300 Screening, 357-01-305 Shared employment, 357-01-310 Special employment program, 357-01-315 Special pay salary ranges, 357-01-320 Supplemental certification, 357-01-325 Suspension, 357-01-330 Training, 357-01-335 Transfer, 357-01-340 Transition review period, 357-01-345 Trial service period, 357-01-350 Underutilization, and 357-01-355 Vietnam era veteran.

Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 29, 2004, at 10:00 a.m.

Date of Intended Adoption: July 29, 2004.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by July 23, 2004.

Assistance for Persons with Disabilities: Contact Department of Personnel by July 23, 2004, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed chapter (definitions) of rules is to define terms used within Title 357 WAC.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding definitions. The proposed rules implement this provision of the Personnel System Reform Act.

Name of Proponent: Department of Personnel, governmental.

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

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

A cost-benefit analysis is not required under RCW 34.05.328.

June 23, 2004

E. C. Matt

Director


NEW SECTION
WAC 357-01-005   Affected groups.   Those groups that must be included in affirmative action plans and updates and who may be beneficiaries of affirmative action programs. Affected groups include: Blacks, Asians, Pacific Islanders, Hispanics/Latinos, American Indians/Alaska Natives, women, persons age 40 and over, persons with disabilities, Vietnam-era veterans and disabled veterans. Employers must use the most current federal definitions and categories in their plans and updates.

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NEW SECTION
WAC 357-01-010   Affirmative action program.   A procedure by which racial/ethnic minorities, women, persons with disabilities, persons age 40 and over, Vietnam era veterans, and disabled veterans are provided with employment opportunities designed to correct underutilization. It shall not mean any sort of quota system.

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NEW SECTION
WAC 357-01-015   Affirmative action plan.   Results-oriented programs to which employers commit their good faith efforts to attain and maintain equal employment opportunity. Guidelines for development of affirmative action plans are established by the department and are consistent with requirements set forth by federal Executive Order 11246 and Affirmative Action Guidelines issued by the U.S. Departments of Labor and Justice.

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NEW SECTION
WAC 357-01-020   Allocation.   The assignment of a position to a class.

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NEW SECTION
WAC 357-01-025   Appointing authority.   An individual lawfully authorized to appoint, transfer, layoff, reduce, dismiss, suspend, or demote employees.

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NEW SECTION
WAC 357-01-030   Assignment pay.   A premium added to base salary to recognize specialized skills, assigned duties, or unique circumstances.

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NEW SECTION
WAC 357-01-035   Availability.   An estimate of the percentage of qualified affected group members available for employment in a given job group. The determination of the availability of affected group members must be based on consideration of the following factors:

(1) The percentage of availability of affected group members with the requisite skills in the reasonable recruitment area.

(2) The percentage of affected group members among those promotable, transferable, and trainable within the employer's organization.

The availability estimates must be based on an analysis of the factors determined to be relevant to the particular job group.

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NEW SECTION
WAC 357-01-040   Base salary.   The dollar amount of the salary within the salary range to which the employee is entitled, before any deductions, and exclusive of additional compensation of any kind, such as premiums.

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NEW SECTION
WAC 357-01-045   Board.   The Washington Personnel Resources Board.

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NEW SECTION
WAC 357-01-050   Career development.   The progressive development of an employee's capabilities. Career development is meant to facilitate the employee's productivity, performance, job satisfaction, and advancement. Career development can happen through work assignments as well as education and training. The education and training may be state-sponsored or achieved by the individual employee's efforts. All career development must be consistent with the needs and obligations of the state and its employers.

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NEW SECTION
WAC 357-01-055   Career planning.   A process designed to identify and provide opportunities for each employee's career growth through job experience, training, and/or continuing education.

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NEW SECTION
WAC 357-01-060   Certification.   The act of referring eligible candidates to the employing official for further consideration.

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NEW SECTION
WAC 357-01-065   Certified pool.   Those eligible candidates determined by the employer to be among the best qualified for a position, based on position-specific criteria, who are certified to the employing official.

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NEW SECTION
WAC 357-01-070   Charges.   A detailed statement of the specific incidents alleging cause for disciplinary action.

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NEW SECTION
WAC 357-01-075   Class:   A level of work.

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NEW SECTION
WAC 357-01-080   Class series/Occupational category.   A grouping of job functions having similar purpose and knowledge requirements.

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NEW SECTION
WAC 357-01-085   Classified service.   All positions in state service not exempt from the provisions of chapter 41.06 RCW.

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NEW SECTION
WAC 357-01-090   Competencies.   Those measurable or observable knowledge, skills, abilities, and behaviors critical to success in a key job role or function.

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NEW SECTION
WAC 357-01-095   Demotion.   Movement of an employee from a position in one class to a position in another class that has a lower salary range maximum.

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NEW SECTION
WAC 357-01-100   Department.   Department of Personnel.

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NEW SECTION
WAC 357-01-105   Developmental opportunities.   Activities designed to develop employees' knowledge and skills for future job assignments.

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NEW SECTION
WAC 357-01-110   Director.   Director of the Department of Personnel.

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NEW SECTION
WAC 357-01-115   Disabled veteran.   For affirmative action purposes, a person entitled to disability compensation under laws administered by the Veterans Administration for disability rated at 30 percent or more, or a person whose discharge or release from active duty was for a disability incurred or aggravated in the line of duty.

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NEW SECTION
WAC 357-01-120   Dismissal.   The termination of an individual's employment for disciplinary purposes.

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NEW SECTION
WAC 357-01-125   Eligible applicant.   A job seeker who has successfully completed preliminary screening processes for a specific position.

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NEW SECTION
WAC 357-01-130   Eligible candidate.   An individual who has successfully completed all assessment requirements for a specific position and is eligible to be considered for the certified pool.

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NEW SECTION
WAC 357-01-135   Elevation.   An employer-initiated action that restores an employee to permanent status in either:

(1) A higher class in which the employee held permanent status prior to a demotion; or

(2) A class in the same class series/occupational category which is between the current class and the class from which the employee was demoted.

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NEW SECTION
WAC 357-01-140   Employee.   An individual working in the classified service, except employee business unit members as defined in WAC 357-43-001.

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NEW SECTION
WAC 357-01-145   Employer.   A state agency, an institution of higher education, or a related higher education board.

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NEW SECTION
WAC 357-01-150   Employing official.   An administrative or supervisory employee designated by the appointing authority to exercise responsibility for requesting certification, interviewing eligible candidates, and recommending appointment of individuals to classified positions.

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NEW SECTION
WAC 357-01-155   Employee performance management process.   The systematic set of actions taken by a supervisor to maximize employee productivity, potential and satisfaction.

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NEW SECTION
WAC 357-01-160   Exam.   A scored competitive written, oral, or performance test administered as part of a position-specific hiring process prior to certification.

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NEW SECTION
WAC 357-01-165   Exam process.   The process used to administer and score an exam.

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NEW SECTION
WAC 357-01-170   Final exam results.   An eligible candidate's final passing score on an exam, plus any veterans scoring criteria or other applicable credits.

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NEW SECTION
WAC 357-01-175   General government employer.   Any agency as defined by RCW 41.06.020 who is not a higher education employer.

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NEW SECTION
WAC 357-01-180   Higher education employer.   The University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, the various state community colleges, the state board for community and technical colleges, the higher education coordinating board, and such other boards, councils, and commissions related to higher education as may be established.

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NEW SECTION
WAC 357-01-185   Job analysis.   The process of gathering, analyzing, and synthesizing information about a position in order to identify the essential tasks, functions, roles and competencies required to perform the work of the position, and the written documentation of the results of the analysis.

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NEW SECTION
WAC 357-01-190   Job seeker.   An individual who has indicated to the employer an interest in employment by completing a preliminary profile or by submitting an application.

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NEW SECTION
WAC 357-01-195   Layoff unit.   A clearly identified structure within an employer's organization within which layoff options are determined in accordance with the employer's layoff procedure. Layoff units may be a series of progressively larger units within an employer's organization.

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NEW SECTION
WAC 357-01-200   List.   A list of eligible names established to be certified for vacancies in a class.

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NEW SECTION
WAC 357-01-205   Nonrepresented employee.   A classified employee whose position is not part of a bargaining unit with a certified exclusive representative.

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NEW SECTION
WAC 357-01-210   Nonpermanent appointment.   An appointment made by a general government employer under the provisions of WAC 357-19-360.

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NEW SECTION
WAC 357-01-215   Occupational category/Class series.   A grouping of job functions having similar purpose and knowledge requirements.

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NEW SECTION
WAC 357-01-220   Overtime-eligible employee.   An employee who is covered by the overtime provisions of the Fair Labor Standards Act.

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NEW SECTION
WAC 357-01-225   Overtime-exempt employee.   An employee who is not covered by the overtime provisions of the Fair Labor Standards Act.

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NEW SECTION
WAC 357-01-230   Performance management confirmation.   Approval granted by the director to an employer allowing the employer to link individual employee performance to compensation or layoff decisions.

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NEW SECTION
WAC 357-01-235   Persons with disabilities.   For affirmative action purposes, a person with a permanent physical, mental, or sensory impairment which substantially limits one or more major life activity. Physical, mental, or sensory impairment means: (a) any physiological or neurological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body systems or functions; or (b) any mental or psychological disorders such as mental retardation, organic brain syndrome, emotional or mental illness, or any specific learning disability. The impairment must be material rather than slight, and permanent in that it is seldom fully corrected by medical replacement, therapy, or surgical means.

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NEW SECTION
WAC 357-01-240   Position.   A group of duties and responsibilities to be performed by an employee.

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NEW SECTION
WAC 357-01-245   Premium.   Salary added to an employee's base salary on a contingent basis in recognition of special requirements, conditions, or circumstances associated with the job.

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NEW SECTION
WAC 357-01-250   Probationary period.   The trial period of employment following certification and appointment to, or reemployment in, the classified service and continuing for 6 to 12 months as determined under the provisions of WAC 357-19-040.

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NEW SECTION
WAC 357-01-255   Progression increase date (PID).   The date upon which an employee is scheduled to move to a higher salary step within the salary range for the current class.

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NEW SECTION
WAC 357-01-260   Promotion.   The appointment to a class with a higher salary range maximum that results in a salary increase.

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NEW SECTION
WAC 357-01-265   Promotional organizational unit.   A unit established by the employer based upon administrative and/or geographical relationships and used for promotional recruitment and hiring.

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NEW SECTION
WAC 357-01-270   Reallocation.   The assignment of a position to a different class.

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NEW SECTION
WAC 357-01-275   Reassignment.   An employer-initiated move of an employee within the employer from one position to another position in the same class or a different class with the same salary range maximum.

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NEW SECTION
WAC 357-01-280   Reemployment.   Appointment of a former employee who had permanent status in a class with the same or similar job duties.

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NEW SECTION
WAC 357-01-285   Regular rate.   All salary compensation (i.e. base salary plus any premiums) received by an employee for the performance of work in an_assigned position.

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Reviser's note: The unnecessary underscoring 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.
NEW SECTION
WAC 357-01-290   Reversion.   Voluntary or involuntary movement of an employee during the trial service period to the class the employee most recently held permanent status in, to a class in the same or lower salary range, or placement on the employer's internal layoff list.

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NEW SECTION
WAC 357-01-295   Salary range.   The minimum and maximum dollar amount assigned to a class.

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NEW SECTION
WAC 357-01-300   Screening.   Separate from a scored competitive exam, screening is the use of assessment tools including, but not limited to application or resume reviews, pass/fail skill tests, supplemental questionnaires, or identification of job-related competencies to narrow the field of job seekers that will be considered for inclusion within the certified pool.

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NEW SECTION
WAC 357-01-305   Shared employment.   A voluntary arrangement whereby more than one employee jointly fill a single position as agreed between the employer and the employees.

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NEW SECTION
WAC 357-01-310   Special employment program.   Special employment programs are those programs designated by the director which are designed and implemented to reduce unemployment and/or provide training opportunities to enable persons to become more employable. Special employment programs are funded in total, or in part, from sources other than the normal sources available to the employer.

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NEW SECTION
WAC 357-01-315   Special pay salary ranges.   A unique salary range assigned to a position or class in accordance with WAC 357-28-025.

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NEW SECTION
WAC 357-01-320   Supplemental certification.   Increasing the normal certification of names to incorporate Persons with Disabilities, Vietnam-era Veterans, Disabled Veterans or Persons Over 40.

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NEW SECTION
WAC 357-01-325   Suspension.   An enforced absence without pay for disciplinary purposes.

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NEW SECTION
WAC 357-01-330   Training.   Activities designed to develop employees' job-related knowledge and skills for present job assignments.

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NEW SECTION
WAC 357-01-335   Transfer.   An employee-initiated move of that employee from a position to another position within or between employers in the same class or a different class with the same salary range maximum.

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NEW SECTION
WAC 357-01-340   Transition review period.   The transition review period is a six-month evaluation period that allows the employer and employee to determine whether a placement into a position as a layoff option or appointment to a position from a layoff list or the general government transition pool is a good match.

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NEW SECTION
WAC 357-01-345   Trial service period.   The initial period of employment following promotional appointment to a position in a new class or the initial period of employment following a transfer or voluntary demotion when required by the employer under the provisions of 357-19-030. The trial service period will continue for six to twelve months as determined under the provisions of WAC 357-19-050.

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NEW SECTION
WAC 357-01-350   Underutilization.   Occurs when there are fewer affected group members in a particular job group than would reasonably be expected based on the affected group's availability.

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NEW SECTION
WAC 357-01-355   Vietnam era veteran.   For affirmative action purposes, a person who served on active duty for more than 180 days, any part of which occurred between February 28, 1961 and May 7, 1975 in the Republic of Vietnam, or between August 5, 1964 and May 7, 1975 in all other cases; and was discharged or released from active duty with other than a dishonorable discharge; or who was discharged or released from active duty for a service-connected disability if any part of such active duty was performed between August 5, 1964 and May 7, 1975.

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