WSR 04-16-113

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed August 4, 2004, 9:34 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-01-327 Temporary appointment, 357-19-435 For what reasons may a higher education employer make a temporary appointment?, 357-19-440 What provisions govern higher education temporary appointments?, 357-19-441 What provisions of civil service rules apply to individuals in temporary appointments?, 357-19-442 What happens to an employee's salary and periodic increment date when he/she is temporarily appointed to the higher level class under provisions of WAC 357-19-435(2)?, 357-19-443 Does a permanent employee who is temporarily appointed to a higher level class under the provision of WAC 357-19-435(2) have the right to resume a position at the conclusion of the temporary appointment?, 357-19-444 What notification must a higher education employer give to a temporary appointee?, 357-19-445 What records must higher education employers maintain for individuals in temporary appointments?, 357-19-446 How often must a higher education employer produce records of temporary employees' hours?, 357-19-447 What are the appeal rights of individuals in higher education temporary appointments?, 357-19-448 How does an individual in a higher education temporary appointment request remedial action?, and 357-19-450 When may the director take remedial action for individuals in higher education temporary appointments and what does remedial action include?

Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on September 9, 2004, at 10:00 a.m.

Date of Intended Adoption: September 9, 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 September 3, 2004.

Assistance for Persons with Disabilities: Contact Department of Personnel by September 3, 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 temporary appointments for higher education 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 temporary appointments for higher education employees.

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.

August 4, 2004

E. C. Matt

Director


NEW SECTION
WAC 357-01-327   Temporary appointment.   An appointment made by a higher education employer under the provisions of WAC 357-19-435.

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NEW SECTION
WAC 357-19-435   For what reasons may a higher education employer make a temporary appointment?   A higher education employer may make a temporary appointment for the following reasons:

(1) The number of hours to be worked by the individual will not exceed one thousand fifty hours in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, in accordance with WAC 357-04-045; or

(2) The employing official formally assigns an employee the duties and responsibilities of a higher-level class for a period of less than six (6) consecutive months.

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NEW SECTION
WAC 357-19-440   What provisions govern higher education temporary appointments?   (1) Temporary appointments may be made without regard to rules on recruitment, assessment, and certification as provided in chapter 357-16 WAC.

(2) Each higher education employer must develop for director approval a procedure which indicates the employer's system for controlling and monitoring exempt part-time and temporary positions as identified in WAC 357-04-045.

(3) A higher education employer may petition the director in writing for approval of exceptions to the one thousand fifty (1050) hours threshold as specified in WAC 357-19-435(1).

(4) No temporary appointment shall take the place of employees laid off under the provisions of WAC 357-46-010.

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NEW SECTION
WAC 357-19-441   What provisions of civil service rules apply to individuals in temporary appointments?   (1) Individuals appointed to temporary appointments under the provisions of WAC 357-19-435(1) are exempt from the civil service rules except for the provisions of remedial action as provided in WAC 357-04-045 and 357-19-450.

(2) Employees temporarily assigned higher level duties under the provisions of WAC 357-19-435(2) are classified employees and as such are covered by the civil service rules.

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NEW SECTION
WAC 357-19-442   What happens to an employee's salary and periodic increment date when he/she is temporarily appointed to the higher level class under provisions of WAC 357-19-435(2)?   Upon temporary appointment under the provisions the WAC 357-19-435(2), the employee's base salary is determined in accordance with WAC 357-28-110 and his/her periodic increment date is unchanged.

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NEW SECTION
WAC 357-19-443   Does a permanent employee who is temporarily appointed to a higher level class under the provision of WAC 357-19-435(2) have the right to resume a position at the conclusion of the temporary appointment?   At the conclusion of a temporary appointment to a higher level class under the provisions of WAC 357-19-435(2), a permanent employee has a right to resume a position in the class the employee was in prior to the temporary appointment. Upon return to a position in the prior class, the employee's base salary is reinstated and the employee is credited with any increment increases that would have occurred had the employee not been temporarily appointed to a higher class.

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NEW SECTION
WAC 357-19-444   What notification must a higher education employer give to a temporary appointee?   (1) All temporary appointees must be notified in writing of the conditions of their appointment prior to the start of the appointment and when any subsequent change to the conditions of their appointment occurs.

(2) The written notification must contain the following information regarding the condition of the appointment:

(a) The reason for the temporary appointment (see WAC 357-19-435);

(b) The hours of work and the hourly rate of pay;

(c) The duration of appointment;

(d) A statement regarding the receipt or non-receipt of benefits;

If the appointee is eligible to receive benefits, the statement must identify which benefits will be received.
(e) The signature of the personnel officer and/or authorizing hiring official;

(f) The signature of the employee verifying receipt of the written notification;

(g) An identification of any current and/or previously held temporary positions at the institution or related higher education board; and

(h) The right to request remedial action as provided in WAC 357-19-448 and 357-19-450.

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NEW SECTION
WAC 357-19-445   What records must higher education employers maintain for individuals in temporary appointments?   Higher education employers must maintain records of the information contained in WAC 357-19-441 for individuals in temporary appointments.

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NEW SECTION
WAC 357-19-446   How often must a higher education employer produce records of temporary employees' hours?   At least quarterly, each higher education employer must produce a record, which shows the cumulative hours worked for each temporary appointee. This record must be kept on file in the personnel office and must be made available to the board, director, or department upon request.

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NEW SECTION
WAC 357-19-447   What are the appeal rights of individuals in higher education temporary appointments?   Individuals appointed to higher education temporary appointments have no appeal rights with the exception of remedial action as provided in WAC 357-19-450.

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NEW SECTION
WAC 357-19-448   How does an individual in a higher education temporary appointment request remedial action?   Requests for remedial action must be received in writing within thirty (30) days as provided in chapter 357-49 WAC. Following a director's review of the remedial action request, an employee may file exceptions to the director's decision in accordance with chapter 357-52 WAC.

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NEW SECTION
WAC 357-19-450   When may the director take remedial action for individuals in higher education temporary appointments and what does remedial action include?   For individuals in higher education temporary appointments under the provisions of WAC 357-19-435(1), the director may take remedial action to confer permanent status, set base salary, and establish seniority when it is determined that the following conditions exist:

(1) The employer has made an appointment that does not comply with rules on temporary appointment; or

(2) The employee has worked in one or more positions for more than one thousand fifty hours in any twelve consecutive month period since the original hire date or October 1, 1989, whichever is later. (Overtime and time worked as a student employee under the provisions of WAC 357-04-040 are not counted in the one thousand fifty (1050) hours.)

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