WSR 05-01-201

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed December 21, 2004, 3:23 p.m. , effective July 1, 2005 ]


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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 17, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 17, Amended 0, Repealed 0.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

Director

Chapter 357-13 WAC

Classification


NEW SECTION
WAC 357-13-010   Who adopts the classification plan?   The director adopts a comprehensive classification plan and any subsequent revisions to the plan. Following twenty calendar days of notice, the director must hold open, public hearings prior to the adoption or revision of the plan.

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NEW SECTION
WAC 357-13-015   What must the classification plan be based upon?   The classification plan must be based on a review and analysis of duties and responsibilities, and must include a description of each class.

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NEW SECTION
WAC 357-13-020   When and how is the classification plan to be revised?   The classification plan is prepared and revised, as needed, in consultation with employers, employee organizations, and other interested parties.

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NEW SECTION
WAC 357-13-025   What criteria must be met in order for the director to adopt revisions or salary adjustments to the classification plan?   (1) The following three criteria must be met for the director to adopt revisions or salary adjustments to the classification plan:

(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.

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NEW SECTION
WAC 357-13-030   Must employers maintain position descriptions?   Employers must maintain a current position description for each position.

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NEW SECTION
WAC 357-13-035   Must a standard form be used for each position description?   A standard form developed by the director or one containing components similar to those found in the director's form must be used for each position description.

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NEW SECTION
WAC 357-13-040   What must be included in each position description?   Each position description must:

(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.

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NEW SECTION
WAC 357-13-045   Who is responsible for completing the position description form?   The manager of the position is responsible for completing the position description form. If the position is filled, input from the incumbent is recommended.

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NEW SECTION
WAC 357-13-050   Who is responsible for allocating or reallocating each position?   The employer must allocate or reallocate each classified position to an established class in the classification plan.

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NEW SECTION
WAC 357-13-055   What must allocations or reallocations be based upon?   Allocations or reallocations must be based upon a review and analysis of the duties and responsibilities of the position.

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NEW SECTION
WAC 357-13-060   Must employers have a procedure that addresses when positions are to be reviewed for reallocation?   The employer must establish a procedure that specifies when positions are to be reviewed for reallocation based upon substantive and permanent changes in job duties and scope of responsibility.

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NEW SECTION
WAC 357-13-065   Must the employer's procedure allow an employee to request a review of his/her position?   The employer's procedure must allow an employee to request the employer to review his/her position at least every 6 months.

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NEW SECTION
WAC 357-13-070   Must an employer notify an employee when the employee's position is reallocated?   Employers must provide written notice to an employee when the employee's position is reallocated. If the reallocation is to a class with a lower salary range maximum, the employee must receive at least fifteen (15) calendar days' written notice of the reallocation. The employee may request to waive or shorten the fifteen (15) day notice period.

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.

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NEW SECTION
WAC 357-13-075   Must the notice of reallocation inform the employee of the right to request a director's review of the reallocation?   Notice of reallocation must include information regarding the employee's right to request a director's review of the reallocation per WAC 357-13-080. This requirement does not apply when the employee is being reallocated to a class with the same salary range maximum based upon the director taking action to implement a new classification plan under the provisions of RCW 41.06.136.

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NEW SECTION
WAC 357-13-080   Can an employee request a director's review of a position review or reallocation of the employee's position?   (1) An employee may request a director's review of the results of a position review or reallocation of the employee's position, per WAC 357-49-010. The employee must request the director's review within thirty (30) calendar days of being provided the results of a position review or the notice of reallocation.

(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.

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NEW SECTION
WAC 357-13-085   How is the effective date of a reallocation determined?   The effective date of a reallocation is determined as follows:

(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.

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NEW SECTION
WAC 357-13-090   How is an employee affected when his/her position is reallocated?  


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 appointment status.


If the reallocation is the result of a change in the duties of the position and the employee has not performed the higher level duties for six months or more:

-> 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.

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