WSR 05-01-203PERMANENT RULES
DEPARTMENT OF PERSONNEL
[
Filed December 21, 2004,
3:25 p.m.
, effective July 1, 2005
]
Purpose: This chapter of rules establishes the general
provisions for Title 357 WAC.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 04-13-180
on June 23,
2004.
Changes Other than Editing from Proposed to Adopted Version: WAC 357-04-090(2), as a result of discussions with
stakeholders, added "sub" to make subdivisions in this
subsection.
WAC 357-04-105(2), it was determined through discussion
with stakeholders that the provision in chapter 357-52 WAC
should be added to this subsection.
WAC 357-04-120, as a result of discussions with
stakeholders, language was changed in this section from "may
be" to "must be" completed under those rules.
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Repealed 0;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Repealed 0;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 24,
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Repealed 0.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Repealed 0.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Repealed 0.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Repealed 0.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Repealed 0;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Repealed 0;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 24,
Amended 0,
Repealed 0.
Date Adopted: July 29, 2004.
E. C. Matt
Director
Chapter 357-04 WACGeneral Provisions
NEW SECTION
WAC 357-04-005
What is the purpose of the civil service
rules?
Title 357 WAC, referred to as the civil service rules,
establishes a system of personnel administration for general
government and higher education employers and employees.
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NEW SECTION
WAC 357-04-010
Who is covered by the civil service
rules?
The provisions of the civil service rules apply to all
employees and employers under the jurisdiction of chapter 41.06 RCW except those positions or employees exempted under
the provisions of WAC 357-04-015, 357-04-020, 357-04-035,
357-04-040, 357-04-045, 357-04-050 and 357-04-055. Employee
business unit members as defined in WAC 357-43-001 are only
covered by chapter 357-43 WAC of the civil service rules.
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NEW SECTION
WAC 357-04-015
Who is not covered by civil service
rules?
The civil service rules do not apply to positions
specifically exempted in individual agency statutes, chapter 41.06 RCW, and to the following: (1) Washington state patrol trooper cadets in training
for commissioning as troopers in the Washington state patrol;
(2) The executive director, his/her confidential
secretary, assistant directors, and professional education
employees of the state board for community and technical
colleges; and
(3) Inmate, student, part-time, or temporary employees,
and part-time professional consultants, as defined by the
Washington personnel resources board in WAC 357-04-040,
357-04-045, 357-04-050, and 357-04-055.
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NEW SECTION
WAC 357-04-020
May the director exempt other positions
from civil service?
The director may provide for further
exemptions for general government positions involving
substantial responsibility for formulating basic agency or
executive policy or involving directing and controlling
program operations of an agency or a major administrative
division of an agency in accordance with the provisions and
procedures of RCW 41.06.070(3).
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NEW SECTION
WAC 357-04-025
What rights does a classified employee
have when the position he/she holds is exempted from the civil
service rules?
As required by RCW 41.06.070(3) and RCW 41.06.170, an employee holding a classified position has the
following rights if the position is exempted from the
application of the civil service rules: (1) If the employee previously held permanent status in
another classified position, the employee has the right to
return to the highest class of position previously held, or to
a position of similar nature and salary in accordance with WAC 357-19-220.
(2) The employee may appeal the exemption of the position
in accordance with chapter 357-52 WAC.
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NEW SECTION
WAC 357-04-030
What right does an employee have to
return to the classified service from exempt service?
As
required by RCW 41.06.070(3), any employee having permanent
status in a classified position who accepts an appointment in
an exempt position has the right to return to classified
service in accordance with WAC 357-19-195. As long as the
employee was not terminated from the exempt position for gross
misconduct or malfeasance, the employee has the right to
return to the highest class of position in which he/she
previously held permanent status or to a position of similar
nature and salary.
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NEW SECTION
WAC 357-04-060
For which exempt positions does the
director establish the salary?
(1) The director must
determine the salary and fringe benefits of all positions
presently or hereafter exempted except for the following: (a) Chief executive officer of each agency;
(b) Full-time members of boards and commissions;
(c) Administrative assistants and confidential
secretaries in the immediate office of an elected state
official; and
(d) Personnel listed in RCW 41.06.070 (1)(j) through (u),
RCW 41.06.070 (1)(x) and RCW 41.06.070(2).
(2) Actions taken to establish or revise exempt salaries
must meet the provisions outlined in RCW 41.06.152.
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NEW SECTION
WAC 357-04-070
What are the powers and duties of the
director?
(1) The director of personnel is appointed by the
governor under the provisions of RCW 41.06.130. (2) The director directs and supervises all the
department of personnel's administrative and technical
activities in accordance with the provisions of chapter 41.06 RCW and the civil service rules. The director is responsible
for:
(a) Adopting rules consistent with the purposes and
provisions of the state civil service law and the best
standards of personnel administration.
(b) Auditing and reviewing the personnel administration
and management at each agency, institution of higher
education, and related higher education board periodically and
at other such times as may be necessary.
(c) Adopting and revising as necessary a comprehensive
classification plan for all positions in the classified
service. In adopting the revisions, the director must comply
with RCW 41.06.152, 41.06.150(4), and chapter 43.88 RCW.
(d) Adopting and revising as necessary a state salary
schedule in accordance with RCW 41.06.133(10).
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NEW SECTION
WAC 357-04-075
Must higher education employers designate
a personnel officer?
Each higher education institution and
higher education related board must designate an officer to
perform duties as personnel officer as provided in RCW 41.06.510.
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NEW SECTION
WAC 357-04-080
What are the duties of personnel officers
for higher education employers?
The personnel officer
directs, supervises, and manages administrative and technical
personnel activities for the classified service consistent
with policies established by the higher education institution
or related board, chapter 41.06 RCW, and the civil service
rules.
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NEW SECTION
WAC 357-04-085
What role does the state board for
community and technical colleges have?
The state board for
community and technical colleges has general supervision and
control over activities undertaken by the various community
and technical colleges.
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NEW SECTION
WAC 357-04-090
May authority be delegated?
(1) The head
of an agency or the governing board of a higher education
institution or related board may delegate the responsibilities
and duties of an appointing authority including the authority
to appoint, transfer, layoff, reduce, dismiss, suspend, or
demote employees. (2) Authority may only be delegated to individuals in
positions reporting directly to the head of the agency, deputy
director, president of the institution, or vice president of
the institution, or individuals who are the heads of the major
subdivisions of the employer.
(3) Delegation of authority must be in writing.
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NEW SECTION
WAC 357-04-095
How does the federal Fair Labor Standards
Act and the Washington state minimum wage act relate to the
Washington state civil service rules?
Employers must comply
with the civil service rules unless doing so causes them to
violate chapter 49.46 RCW or the federal Fair Labor Standards
Act.
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NEW SECTION
WAC 357-04-100
How does the federal Americans with
Disabilities Act of 1990 and other laws about persons with
disabilities relate to the Washington state civil service
rules?
Employers must comply with the civil service rules
unless doing so would cause them to violate state laws,
chapter 49.60 RCW, or the federal Americans with Disabilities
Act of 1990.
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NEW SECTION
WAC 357-04-105
When the civil service rules require an
applicant, candidate, employee, or employer to receive notice,
how must notice be provided?
(1) Except as provided in
chapter 357-52 WAC, when the civil service rules require an
applicant, candidate, employee, or employer to receive notice,
the notice must be provided by personal delivery, United
States mail, or by telephone facsimile transmission with
same-day mailing of copies unless the specific rule requiring
notice allows for alternative methods of providing notice such
as electronic mail ("e-mail"), state mail service, commercial
parcel delivery or campus mail service. (2) Except as provided in chapter 357-52 WAC, service of
notice upon parties will be regarded as completed when
personal delivery has been accomplished; or upon deposit in
the United States mail, properly stamped and addressed; or
upon production by telephone facsimile transmission of
confirmation of transmission. When a specific rule allows
alternative methods of service, service upon parties will be
regarded as completed when it is actually received by the
party to which notice is being provided.
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NEW SECTION
WAC 357-04-110
How is time computed under the civil
service rules?
Whenever a period of time is mentioned in the
civil service rules, that period must be computed by excluding
the first day of the period and including the last day, unless
a specific civil service rule states something different. If
the last day is a Saturday, Sunday, or holiday, the time
period ends on the next business day, unless that Saturday,
Sunday, or holiday is a regularly scheduled work day for the
employee to whom notice is being provided.
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NEW SECTION
WAC 357-04-115
What happens if any part of these rules
is held invalid? (Severability)
If any provision of the civil
service rules or the application thereof is held invalid, such
invalidity does not affect other provisions or applications of
the rules which can be given effect without the invalid
provision or application, and to this end any section,
sentence, or word is declared severable.
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NEW SECTION
WAC 357-04-120
What happens to previous merit system and
civil service rules and actions initiated under them?
(Repeals -- Savings)
All previous merit system and civil
service rules and amendments are repealed. All actions in
force under previous merit system and/or civil service rules
will be honored. Unfinished actions that were initiated under
previous merit system or civil service rules must be completed
under those rules.
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