WSR 05-01-194

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed December 21, 2004, 3:17 p.m. , effective July 1, 2005 ]


Purpose: This chapter of rules address[es] performance management for state employees.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 04-13-189 on June 23, 2004.

Changes Other than Editing from Proposed to Adopted Version: WAC 357-37-015, as a result of discussion with stakeholders, it was determined that the language be changed in this WAC number to address developing a performance management policy that documents the key points of the process.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 15, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 15, Amended 0, Repealed 0.

Date Adopted: July 29, 2004.

E. C. Matt

Director

Chapter 357-37 WAC

Performance Management


NEW SECTION
WAC 357-37-010   What is the purpose of an employee performance management process?   An employee performance management process is part of a positive, performance-based culture. It fosters employee competence and productivity, supports achievement of organizational goals and objectives, and provides documentation of employee's strengths and areas in need of improvement.

[]


NEW SECTION
WAC 357-37-015   What is the employer's responsibility for an employee performance management process?   Each employer must develop and implement an employee performance management process. Employers must develop a performance management policy that documents the key points of the process.

[]


NEW SECTION
WAC 357-37-020   What objectives must an employee performance management process satisfy?   The employee performance management process must:

(1) Explain the employee's responsibility for successfully performing assigned job duties and responsibilities;

(2) Assess how well the employee has contributed to efficiency and effectiveness in fulfilling the objectives of the organization and the position; and

(3) Recognize an employee's successful job performance and identify any necessary changes in job performance.

[]


NEW SECTION
WAC 357-37-025   What is the employee's responsibility within the performance management process?   The employee has the responsibility to:

(1) Request clarification of any job duty, standard, or expectation that is unclear;

(2) Perform work as assigned and meet job standards and expectations;

(3) Participate in the performance evaluation process; and

(4) Communicate with supervisor and share successes and problems so the supervisor can better measure progress and provide assistance.

[]


NEW SECTION
WAC 357-37-030   When and how often must performance feedback be provided to an employee through the formal evaluation process?   Employers must provide feedback and formally evaluate the performance of:

(1) A probationary employee or a permanent employee serving a trial service period or transition review period before the employee attains permanent status in the position; and

(2) A permanent employee on an annual basis.

[]


NEW SECTION
WAC 357-37-035   How should an employee be notified of unsatisfactory performance?   A probationary or permanent employee whose work performance is determined to be unsatisfactory must be notified in writing of the deficiency(ies). Unless the deficiency is extreme, the employee must be given an opportunity to demonstrate improvement.

[]


NEW SECTION
WAC 357-37-040   What forms and procedures must employers use to plan for and evaluate employee performance?   Employers must use standardized employee performance planning and evaluation procedures and forms developed by the director or alternate procedures and forms approved by the director.

[]


NEW SECTION
WAC 357-37-045   Can an employer supplement the standardized employee performance evaluation procedures and forms?   Employers may supplement the standardized planning and evaluation forms and procedures with special performance factors and assessment approaches that are specific to organizational needs. Employers do not need approval to supplement the standardized forms or procedures.

[]


NEW SECTION
WAC 357-37-050   Can an employer factor performance into compensation and layoff decisions?   An employer may factor an employee's performance into compensation and layoff decisions if the employer has received performance management confirmation.

[]


NEW SECTION
WAC 357-37-055   How does an employer receive performance management confirmation which enables them to factor performance into compensation and layoff decisions?   Employers may request performance management confirmation from the director. The director will use the elements listed in WAC 357-37-060 to assess and evaluate an employer's readiness to fairly and objectively factor performance into compensation and layoff decisions. If the director determines that the employer has developed a performance management program that encompasses the necessary elements, the employer will be granted performance management confirmation.

[]


NEW SECTION
WAC 357-37-060   What elements will the director evaluate to determine if an employer should be granted performance management confirmation?   The director will evaluate the following elements to determine if an employer should receive performance management confirmation:

(1) Executive commitment to a performance-based culture;

(2) Present status of performance management in the organization;

(3) Defined roles and responsibilities for implementing and sustaining a performance management system;

(4) Policy and process for holding managers accountable for properly carrying out their roles and responsibilities in performance management;

(5) Internal policies and procedures for a performance management system;

(6) Strategy for communicating to employees regarding policies, procedures, and timelines for performance management;

(7) Performance management orientation and training for managers and supervisors;

(8) Internal mechanisms for managing funding for performance-based compensation;

(9) Implementation of a performance and development plan for all employees subject to performance factor decisions; and

(10) Process for monitoring and measuring success.

[]


NEW SECTION
WAC 357-37-065   May employers develop employee recognition programs?   Employers may develop employee recognition and reward programs, utilizing tools available in RCW 41.60.150 and chapter 357-28 WAC.

[]


NEW SECTION
WAC 357-37-070   What factors should employers consider in developing employee recognition programs?   Employee recognition programs must be designed to recognize verifiable accomplishments. Programs may be linked to individual or group accomplishments as described in RCW 41.60.150 or to accomplishments that further the employer's mission, strategic goals or objectives.

[]


NEW SECTION
WAC 357-37-075   Can an employee request the employer to review the performance evaluation process or procedure used for the employee's evaluation?   If the employer has developed an internal review procedure, an employee may request the employer to review alleged irregularities in the use of the approved performance evaluation form and/or procedures. Employees must be notified in writing of the results of the employer's review.

[]


NEW SECTION
WAC 357-37-080   Can an employee request the director to review the performance evaluation process or procedure used for the employee's evaluation?   As provided in WAC 357-49-010, and within thirty days of receipt of a completed and signed performance evaluation or the results of an employer review as provided in WAC 357-37-075, an employee may request a director's review of alleged irregularities in the use of the approved performance evaluation form and/or procedures outlined in the civil service rules. The content of an evaluation is not subject to review.

[]

Legislature Code Reviser 

Register

Washington State Code Reviser's Office