Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: New sections WAC 357-22-010 Must an employer maintain a personnel file for each employee?, 357-22-015 Must an employer develop and publish a policy on personnel files?, 357-22-020 Can an employee review his/her personnel file?, 357-22-025 What happens to an employee's personnel file when the employee changes employers within state government?, 357-22-030 Who is responsible for the management of official personnel files?, 357-22-035 Must the employee be given a copy of information placed in the personnel file?, 357-22-040 How long must information be kept in the employee's personnel file?, and 357-22-045 When may an employee add information in his/her personnel file?
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 personnel files 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 personnel files. 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
(2) Adverse material proven to be inaccurate or false, or information related to employee misconduct or alleged misconduct which is determined to be false, and all such information in situations where the employee has been fully exonerated of wrong doing must be promptly destroyed unless:
(a) The employee requests that the information be kept; or
(b) The information is related to pending legal action or legal action(s) may reasonably be expected to result.