WSR 04-13-190PROPOSED RULES
DEPARTMENT OF PERSONNEL
[
Filed June 23, 2004,
11:39 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 357-40-010 Can an appointing authority take
disciplinary action?, 357-40-015 Can an appointing authority
take action other than dismissal, suspension, demotion or
reduction in base salary to address unsatisfactory
performance?, 357-40-020 When must an employee be notified of
a dismissal, demotion, or reduction in base salary?,
357-40-025 What must be in the written notice of dismissal,
demotion, or reduction in base salary?, 357-40-030 Under what
circumstances may an employer dismiss an employee without
fifteen (15) calendar days' notice?, 357-40-035 When must an
employee be notified of a suspension?, 357-40-040 What must be
in the written notice of suspension?, 357-40-045 Is there a
limitation to how long an employee can be suspended?,
357-40-050 When can an employer separate a permanent employee
for unauthorized absence?, 357-40-055 How is an employee who
is being separated for unauthorized absence notified?,
357-40-060 How can an employee separated for unauthorized
absence petition for reinstatement?, and 357-40-065 Can a
permanent employee appeal if the employer does not reinstate
the employee under WAC 357-40-060?
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 disciplinary actions 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
disciplinary actions 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 357-40-010
Can an appointing authority take
disciplinary action?
An appointing authority may dismiss,
suspend without pay, demote, or reduce the base salary of a
permanent employee under his/her jurisdiction for just cause.
[]
NEW SECTION
WAC 357-40-015
Can an appointing authority take action
other than dismissal, suspension, demotion or reduction in
base salary to address unsatisfactory performance?
Employers
may develop a corrective discipline policy that identifies
actions that an appointing authority may take other than
dismissal, suspension, demotion, or reduction in base salary,
that represent alternative formal measures that do not deprive
an employee of pay, yet still help an employee address
unsatisfactory performance. Actions taken by an appointing
authority in accordance with the employer's corrective
discipline policy carry the same weight as disciplinary
actions which impact pay.
[]
NEW SECTION
WAC 357-40-020
When must an employee be notified of a
dismissal, demotion, or reduction in base salary?
The
appointing authority must notify an employee in writing at
least fifteen (15) calendar days before the effective date of
the dismissal, demotion, or reduction in base salary. At the
employer's discretion, an employee being dismissed may be paid
in lieu of the notice period or may be immediately dismissed
without fifteen (15) calendar days' notice in accordance with
WAC 357-40-030.
[]
NEW SECTION
WAC 357-40-025
What must be in the written notice of
dismissal, demotion, or reduction in base salary?
The notice
must include the specific charge(s) and the employee's right
to appeal to the board as provided in chapter 357-52 WAC.
[]
NEW SECTION
WAC 357-40-030
Under what circumstances may an employer
dismiss an employee without fifteen (15) calendar days'
notice?
An employer may dismiss an employee without fifteen
(15) calendar days' notice as follows: (1) An appointing authority may dismiss an employee
effective immediately with pay in lieu of the fifteen (15)
calendar days' notice period. As required by WAC 357-40-025
the appointing authority must still provide written notice of
the specific charge(s) and the employee's rights to appeal to
the board as provided in chapter 357-52 WAC.
(2) An appointing authority may dismiss an employee
effective immediately without pay in lieu of the fifteen (15)
calendar days' notice period if the appointing authority
determines that continued employment of the employee
jeopardizes the good of the service. The appointing authority
must provide written notice of the immediate dismissal stating
the reason(s) for dismissal, the reasons immediate action is
necessary, and the employee's right to appeal to the board as
provided in chapter 357-52 WAC.
[]
NEW SECTION
WAC 357-40-035
When must an employee be notified of a
suspension?
An employee being suspended must be notified in
writing no later than one day after the suspension takes
effect.
[]
NEW SECTION
WAC 357-40-040
What must be in the written notice of
suspension?
The suspension notice must include the specific
charge(s) and the duration of the suspension. It must also
include the employee's right to appeal to the board as
provided in chapter 357-52 WAC.
[]
NEW SECTION
WAC 357-40-045
Is there a limitation to how long an
employee can be suspended?
An appointing authority may not
suspend without pay a permanent employee for more than fifteen
calendar days as a single penalty or more than thirty calendar
days in any one calendar year as an accumulation of several
penalties.
[]
NEW SECTION
WAC 357-40-050
When can an employer separate a permanent
employee for unauthorized absence?
An employer may separate a
permanent employee who has been absent without authorized
leave for a period of three consecutive working days.
[]
NEW SECTION
WAC 357-40-055
How is an employee who is being separated
for unauthorized absence notified?
Following an unauthorized
absence of at least three (3) consecutive working days, the
employer may separate an employee by sending a separation
notice to the employee by personal service or by United States
mail to the last known address of the employee.
[]
NEW SECTION
WAC 357-40-060
How can an employee separated for
unauthorized absence petition for reinstatement?
A permanent
employee separated for unauthorized absence may petition the
appointing authority in writing to consider reinstatement.
The employee must provide proof that the absence was
involuntary or unavoidable. The employer must receive the
employee's petition within seven calendar days of personal
service or deposit in the United States mail of the separation
notice.
[]
NEW SECTION
WAC 357-40-065
Can a permanent employee appeal if the
employer does not reinstate the employee under WAC 357-40-060?
If a permanent employee is not reinstated under WAC 357-40-060, the employee must be notified in writing of the
right to appeal to the board as provided in chapter 357-52 WAC. Appeals may not be based on information other than that
shared with the employer at the time of the request for
reinstatement.
[]
© Washington State Code Reviser's Office