Purpose: This chapter of rules addresses classification issues for state employees.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 04-13-182 on June 23, 2004.
Changes Other than Editing from Proposed to Adopted Version: WAC 357-13-065, as a result of discussion with stakeholders, language was changed in this section to include a time period for employee's to request a position review.
WAC 357-13-075, as a result of discussion with stakeholders, it was determined that the language be changed in this section to address whether a director review is necessary for a class reallocation within the same salary range.
WAC 357-13-080, as a result of discussion with stakeholders, it was determined that the language be changed in this section to address position review or reallocation.
WAC 357-13-090, as a result of discussion with stakeholders, it was determined that the reference of WAC 357-28-105 be changed to WAC 357-28-120. Also, language was changed in this section to address the director implementing a new classification plan, including WAC reference numbers changing from WAC 357-28-110 to 357-28-125 and WAC 357-28-115 changing to 357-28-130.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 17, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 17, Amended 0, Repealed 0.
Date Adopted: July 29, 2004.
E. C. Matt
(a) Implementation of the proposed revision or salary adjustment will result in net cost savings, increased efficiencies, or improved management of personnel or services;
(b) The office of financial management has reviewed the fiscal impact statement of the employer and concurs that the biennial cost of the revision or salary adjustment is absorbable within the employer's current authorized level of funding for the current fiscal biennium and subsequent fiscal biennia; and
(c) The revision or salary adjustment is due to one of the following causes:
(i) Documented recruitment and retention difficulties;
(ii) Salary compression or inversion;
(iii) Increased duties and responsibilities; or
(iv) Salary inequities caused by similar work assigned to different job classes with a salary disparity greater than 7.5%.
(2) The provisions of subsection (1)(b) and (1)(c) of this section do not apply to the higher education hospital special pay plan or to any adjustments to the classification plan that are due to emergency conditions requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare.
(1) List the primary duties and responsibilities currently assigned to the position
(2) List the required competencies as determined by the employer;
(3) Identify the essential functions; and
(4) Include any other job-related information as needed.
For purposes of this rule, written notice of reallocation, excluding reallocation to a class with a lower salary range maximum, may be provided using alternative methods such as e-mail, campus mail, the state mail service, or commercial parcel delivery in accordance with WAC 357-04-105.
(2) When an employee's position is reallocated to a class with the same salary range maximum based upon the Director implementing a new classification plan under the provisions of RCW 41.06.136, an employee does not have the right to request a director's review. The employee may request a position review in accordance with the provisions of WAC 357-13-065. Following the position review, the employee may request a director's review of the results of the position review per WAC 357-49-010.
(1) The effective date of a reallocation resulting from the director's implementation or revisions to the classification plan is the effective date of the director's action.
(2) The effective date of an employer-initiated reallocation is determined by the employer.
(3) The effective date of a reallocation resulting from an employee request for a position review is the date the request was filed with the employer.
|This table is used to determine how an employee whose position is reallocated is affected.|
|Employee's position reallocated to:|
|Class with a higher salary range maximum||Class with an equal salary range maximum||Class with a lower salary range maximum|
|Reallocation results from:|
|A position review requested by the employee or initiated by the employer||If the employee has performed the higher level duties for at least six months and meets the competencies and other position requirements:||If the employee meets the competencies and other position requirements:||If the employee meets the competencies and other position requirements and chooses to remain in the reallocated position:|
|-> The employee remains in the
position and retains existing
||-> The employee remains in the position and retains existing appointment status.||-> The employee retains appointment status; has the right to be placed on the employer's internal layoff list; and has his/her salary set in accordance with WAC 357-28-120.|
|-> The employer must give the employee the opportunity to compete for the position. The employer may choose to promote the employee without competition as long as the employee meets the competencies and any other position requirements.||-> The employee retains the previous base salary in accordance with WAC 357-28-120.||If the employee chooses to vacate the position or does not meet the competencies and other position requirements:|
|If the employee is not selected for the position, the employer's layoff procedure applies. If the employee is appointed, the employee must serve a trial service period.||If the employee does not meet the competencies and other position requirements:||-> The employer's layoff procedure applies.|
|Upon appointment to the higher class, the employee's base salary must be increased a minimum of a two step increase, not to exceed the top step of the range as provided in WAC 357-28-115.||-> The employer's layoff procedure applies.|
|The director implementing a new classification plan under provisions of RCW 41.06.136 or revising the classification plan.||The employee remains in the position and keeps existing appointment status. See WAC 357-28-125 and 357-28-130 for determining the employee's salary.|