WSR 04-13-182

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed June 23, 2004, 11:33 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 357-13-010 Who adopts the classification plan?, 357-13-015 What must the classification plan be based upon?, 357-13-020 When and how is the classification plan to be revised?, 357-13-025 What criteria must be met in order for the director to adopt revisions or salary adjustments to the classification plan?, 357-13-030 Must employers maintain position descriptions?, 357-13-035 Must a standard form be used for each position description?, 357-13-040 What must be included in each position description?, 357-13-045 Who is responsible for completing the position description form?, 357-13-050 Who is responsible for allocating or reallocating each position?, 357-13-055 What must allocations or reallocations be based upon?, 357-13-060 Must employers have a procedure that addresses when positions are to be reviewed for reallocation?, 357-13-065 Must the employer's procedure allow employees to request a review of their positions?, 357-13-070 Must an employer notify an employee when the employee's position is reallocated?, 357-13-075 Must the notice of reallocation inform the employee of the right to request a director's review of the reallocation?, 357-13-080 Can an employee request a director's review of the allocation or reallocation of the employee's position?, 357-13-085 How is the effective date of a reallocation determined?, and 357-13-090 How is an employee affected when his/her position is reallocated?

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 proposed rules address classification issues for state employees.

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 classification for state employees. 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 357-13-010   Who adopts the classification plan?   The director adopts a comprehensive classification plan and any subsequent revisions to the plan. Following twenty calendar days of notice, the director must hold open, public hearings prior to the adoption or revision of the plan.

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NEW SECTION
WAC 357-13-015   What must the classification plan be based upon?   The classification plan must be based on a review and analysis of duties and responsibilities, and must include a description of each class.

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NEW SECTION
WAC 357-13-020   When and how is the classification plan to be revised?   The classification plan is prepared and revised, as needed, in consultation with employers, employee organizations, and other interested parties.

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NEW SECTION
WAC 357-13-025   What criteria must be met in order for the director to adopt revisions or salary adjustments to the classification plan?   (1) The following criteria must be met for the director to adopt revisions or salary adjustments to the classification plan:

(a) Implementation of the proposed revision or salary adjustment will result in net cost savings, increased efficiencies, or improved management of personnel or services;

(b) The revision or salary adjustment is due to documented recruitment and retention difficulties, salary compression or inversion, increased duties and responsibilities, or salary inequities caused by similar work assigned to different job classes with a salary disparity greater than 7.5%; and

(c) The office of financial management has reviewed the fiscal impact statement of the employer and concurs that the biennial cost of the revision or salary adjustment is absorbable within the employer's current authorized level of funding for the current fiscal biennium and subsequent fiscal biennia.

(2) The provisions of subsection (1)(b) and (1)(c) of this section do not apply to the higher education hospital special pay plan or to any adjustments to the classification plan that are due to emergency conditions requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare.

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NEW SECTION
WAC 357-13-030   Must employers maintain position descriptions?   Employers must maintain a current position description for each position.

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NEW SECTION
WAC 357-13-035   Must a standard form be used for each position description?   A standard form developed by the director or one containing components similar to those found in the director's form must be used for each position description.

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NEW SECTION
WAC 357-13-040   What must be included in each position description?   Each position description must:

(1) list the primary duties and responsibilities currently assigned to the position

(2) list the required competencies as determined by the employer;

(3) identify the essential functions; and

(4) include any other job-related information as needed.

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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 357-13-045   Who is responsible for completing the position description form?   The manager of the position is responsible for completing the position description form. If the position is filled, input from the incumbent is recommended.

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NEW SECTION
WAC 357-13-050   Who is responsible for allocating or reallocating each position?   The employer must allocate or reallocate each classified position to an established class in the classification plan.

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NEW SECTION
WAC 357-13-055   What must allocations or reallocations be based upon?   Allocations or reallocations must be based upon a review and analysis of the duties and responsibilities of the position.

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NEW SECTION
WAC 357-13-060   Must employers have a procedure that addresses when positions are to be reviewed for reallocation?   The employer must establish a procedure that specifies when positions are to be reviewed for reallocation based upon substantive and permanent changes in job duties and scope of responsibility.

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NEW SECTION
WAC 357-13-065   Must the employer's procedure allow employees to request a review of their positions?   The employer's procedure must allow an employee to request a position review by the employer.

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NEW SECTION
WAC 357-13-070   Must an employer notify an employee when the employee's position is reallocated?   Employers must provide written notice to an employee when the employee's position is reallocated. If the reallocation is to a class with a lower salary range maximum, the employee must receive at least fifteen (15) calendar days' written notice of the reallocation. The employee may request to waive or shorten the fifteen (15) day notice period.

For purposes of this rule, written notice of reallocation, excluding reallocation to a class with a lower salary range maximum, may be provided using alternative methods such as e-mail, campus mail, the state mail service, or commercial parcel delivery in accordance with WAC 357-04-105.

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NEW SECTION
WAC 357-13-075   Must the notice of reallocation inform the employee of the right to request a director's review of the reallocation?   Notice of reallocation must include information regarding the employee's right to request a director's review of the reallocation per WAC 357-13-080. This requirement does not apply when the reallocation is necessary because the director consolidated two or more classes with the same salary range into a single class with no change in the salary range.

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NEW SECTION
WAC 357-13-080   Can an employee request a director's review of the allocation or reallocation of the employee's position?   Within thirty days of service of the results of a position review by the employer or notice of reallocation, an employee may request a director's review per WAC 357-49-010. Reallocations that resulted from the director taking action to consolidate two or more classes with the same salary range into a single class with no change in the salary range are not subject to a director's review.

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NEW SECTION
WAC 357-13-085   How is the effective date of a reallocation determined?   The effective date of a reallocation is determined as follows:

(1) The effective date of a reallocation resulting from the director's implementation or revisions to the classification plan is the effective date of the director's action.

(2) The effective date of an employer-initiated reallocation is determined by the employer.

(3) The effective date of a reallocation resulting from an employee request for a position review is the date the request was filed with the employer.

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NEW SECTION
WAC 357-13-090   How is an employee affected when his/her position is reallocated?  


This table is used to determine how an employee whose position is reallocated is affected.
Employee's position reallocated to:
Class with a higher salary range maximum Class with an equal salary range maximum Class with a lower salary range maximum
Reallocation results from:
A position review requested by the employee or initiated by the employer If the employee has performed the higher level duties for at least six months and meets the competencies and other position requirements: If the employee meets the competencies and other position requirements: If the employee meets the competencies and other position requirements and chooses to remain in the reallocated position:
-> The employee remains in the position and retains existing appointment status.


If the reallocation is the result of a change in the duties of the position and the employee has not performed the higher level duties for six months or more:

-> The employee remains in the position and retains existing appointment status. -> The employee retains appointment status; has the right to be placed on the employer's internal layoff list; and has his/her salary set in accordance with WAC 357-28-105.
-> The employer must give the employee the opportunity to compete for the position. The employer may choose to promote the employee without competition as long as the employee meets the competencies and any other position requirements. -> The employee retains the previous base salary in accordance with WAC 357-28-105. If the employee chooses to vacate the position or does not meet the competencies and other position requirements:
If the employee is not selected for the position, the employer's layoff procedure applies. If the employee is appointed, the employee must serve a trial service period. If the employee does not meet the competencies and other position requirements:

-> The employer's layoff procedure applies.
Upon appointment to the higher class, the employee's base salary must be increased a minimum of a two step increase, not to exceed the top step of the range as provided in WAC 357-28-090. -> The employer's layoff procedure applies.
Action taken by the Director to implement a new classification plan under provisions of RCW 41.06.136 or revise the classification plan. The employee remains in the position and retains existing appointment status. See WAC 357-28-110 and 357-28-115 for determining the employee's salary.

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Legislature Code Reviser 

Register

Washington State Code Reviser's Office