WSR 04-18-113

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed September 1, 2004, 9:40 a.m. , effective July 1, 2005. ]


Purpose: These rules pertain to discipline of state employees.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 04-13-190 on June 23, 2004.

Changes Other than Editing from Proposed to Adopted Version: WAC 357-40-020, the reference to notification of dismissal was removed from this section. As a result of discussions with stakeholders it was determined that dismissal notification should be addressed in WAC 357-40-030.

WAC 357-40-030, language was changed in this section to address notification dismissal. As a result of discussions with stakeholders it was determined that dismissal notification should be addressed here.

WAC 357-40-050, this WAC number has been withdrawn. It was determined through discussion of the proposed rules with stakeholders that this new section should be in chapter 357-46 WAC. It has been renumbered to WAC 357-46-210.

WAC 357-40-055, this WAC number has been withdrawn. It was determined through discussion of the proposed rules with stakeholders that this new section should be in chapter 357-46 WAC. It has been renumbered to WAC 357-46-215.

WAC 357-40-060, this WAC number has been withdrawn. It was determined through discussion of the proposed rules with stakeholders that this new section should be in chapter 357-46 WAC. It has been renumbered to WAC 357-46-220.

WAC 357-40-065, this WAC number has been withdrawn. It was determined through discussion of the proposed rules with stakeholders that this new section should be in chapter 357-46 WAC. The WAC number referenced in the title of the rule and the body of the rule was changed to reflect the new WAC number (WAC 357-46-225).

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 8, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 8, Amended 0, Repealed 0.

Date Adopted: July 29, 2004.

E. C. Matt

Director

Chapter 357-40 WAC

DISCIPLINE


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.

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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.

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NEW SECTION
WAC 357-40-020   When must an employee be notified of a 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 demotion or reduction in base salary.

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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.

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NEW SECTION
WAC 357-40-030   What notice is required to dismiss an employee?   An appointing authority may dismiss an employee with fifteen (15) calendar days' written notice or 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.

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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.

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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.

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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.

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