PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-58-005 What is the key role and accountability for Washington Management Service employees in state government?, 357-58-010 What is the purpose of the Washington Management Service (WMS) rules?, 357-58-015 Who is authorized to adopt rules for the WMS?, 357-58-020 What are the goals of the WMS rules?, 357-58-025 Are WMS employees included in the classified service and what rules apply to WMS employees and positions?, 357-58-030 Who determines if a position is included in the WMS?, 357-58-035 What is the definition of a manager or managerial employee?, 357-58-040 Are there any manager positions or managerial employees that are not included in the WMS?, 357-58-045 Who is covered by the WMS rules?, 357-58-050 What chapters of civil service rules apply to WMS positions?, 357-58-055 What civil service rules do not apply to WMS?, 357-58-060 Do the WMS rules apply to all general government employers?, 357-58-065 Definitions for WMS, 357-58-070 What are the responsibilities of each agency for effectively managing and budgeting salaries for WMS positions?, 357-58-075 What is the requirement for agencies to develop compensation policies?, 357-58-080 How are positions assigned to the management bands?, 357-58-085 Can WMS salaries exceed the limits of an assigned band?, 357-58-090 For what reasons can an agency adjust a WMS salary?, 357-58-095 May agencies provide progression increases for WMS employees?, 357-58-100 Is there a limit for annual progression increases?, 357-58-105 When can exceptions to the progression increase limits be made?, 357-58-110 What is a promotion?, and 357-58-115 What is a voluntary demotion and what changes may occur in salary?
Hearing Location(s): Department of Personnel, 600 South Franklin, Olympia, WA, on March 10, 2005, at 10:00 a.m.
Date of Intended Adoption: March 10, 2005.
Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by March 4, 2005. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact Department of Personnel by March 4, 2005, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules address the purpose of the Washington Management Service (WMS) rules and such things as what positions are included in the Washington Management Service, what other chapters of the civil service rules apply to WMS employees, definitions of terms used in the WMS chapter of rules, salaries for WMS employees and what is a promotion or a voluntary demotion for WMS employees.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding the Washington Management Service. The proposed rules implement this provision of the Personnel System Reform Act.
Name of Proponent: Department of Personnel, governmental.
Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
A cost-benefit analysis is not required under RCW 34.05.328.
February 1, 2005
E. C. Matt
Director
Washington Management Service
State managers are expected to personally commit to demonstrating excellent leadership competencies and achieving programmatic results. Also, it is essential that agency leaders hold their managers accountable for properly leading and managing their human resources - their employees. This includes hiring the best qualified; setting clear performance expectations; developing staff competencies; providing feedback and regular performance evaluations; establishing meaningful reward systems; and, holding employees accountable for successful performance.
The efficiency and effectiveness with which government services are delivered to the citizens of Washington State depends largely on the quality and productivity of state employees. Each manager has the unique and critical responsibility to foster the building of a performance-based culture that will enable workforce success.
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The WMS embodies the concepts of a performance management work environment that recognizes competency-based appointments and compensation.
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(1) Simplified classification system that facilitates movement of managers between agencies and promotes upward mobility;
(2) Flexibility in setting and changing salaries and a compensation system that is consistent with RCW 41.06.500;
(3) Performance appraisal system that emphasizes individual accountability; program results and efficient management of resources; effective planning, organization, and communication skills; valuing and managing workplace diversity; development of leadership and interpersonal abilities; and employee development;
(4) Strengthened management training and career development programs that build critical management competencies; focusing on managing and valuing workplace diversity; empowering employees by enabling them to share in workplace decision making, and to be innovative, willing to take risks, and able to accept and deal with change; promoting a workplace where the overall focus is on the recipient of the government services and how these services can be improved; and enhancing mobility and career advancement opportunities;
(5) Flexibility in recruitment and hiring procedures that enable agencies to compete effectively with other employers, both public and private, for managers with appropriate position-based competencies, leadership skills and training; allowing consideration of all qualified candidates for positions as managers; and achieving affirmative action goals and diversity in the workplace;
(6) Provisions that managers may only be reduced, dismissed, suspended, or demoted for cause;
(7) Facilitation of decentralized and regional administration; and
(8) Ensuring that decisions are not based on patronage or political affiliation.
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Chapter 357-58 WAC applies to classified employees and positions that meet the definition of manager in WAC 357-58-035.
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(1) Formulates state-wide policy or directs the work of an agency or agency subdivision;
(2) Administers one or more state-wide policies or programs of an agency or agency subdivision;
(3) Manages, administers, and controls a local branch office of an agency or an agency subdivision, including the physical, financial, or personnel resources;
(4) Has substantial responsibility in personnel administration, legislative relations, public information, or the preparation and administration of budgets; and/or
(5) Functions above the first level of supervision and exercises authority that is not merely routine or clerical in nature and requires the consistent use of independent judgment.
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Except where specifically stated otherwise, the following chapters apply to positions or employees included in the WMS.
WAC 357-04 General provisions
WAC 357-07 Public records
WAC 357-22 Personnel Files
WAC 357-25 Affirmative Action Program
WAC 357-26 Reasonable Accommodation
WAC 357-31 Leave
WAC 357-34 Employee Training and Development
WAC 357-37 Performance Management
WAC 357-40 Discipline
WAC 357-43 Employee Business Units
WAC 357-52 Appeals
WAC 357-55 Combined Fund Drive
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WAC 357-01 Definitions
WAC 357-13 Classification
WAC 357-16 Recruitment, Assessment, and Certification
WAC 357-19 Appointments and Reemployment
WAC 357-28 Compensation
WAC 357-46 Layoff and Separation
WAC 357-49 Director's Reviews
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Competencies.
Those measurable or observable knowledge, skills, abilities, and behaviors critical to success in a key job role or function.
Dismissal.
The termination of an individual's employment for disciplinary purposes.
Employee.
An individual working in the classified service. Employee business unit members are covered by chapter 357-43 WAC and defined in WAC 357-43-001.
Evaluation points.
Evaluation points are the points resulting from an evaluation of a position using the managerial job value assessment chart.
Layoff unit.
A clearly identified structure within an employer's organization within which layoff options are determined in accordance with the employer's layoff procedure. Layoff units may be a series of progressively larger units within an employer's organization.
Management bands.
Management bands are a series of management levels included in the Washington management service. Placement in a band reflects the nature of management, decision-making environment and policy impact, and scope of management accountability and control assigned to the position.
Performance management confirmation.
Approval granted by the director of the department of personnel to an employer allowing the employer to link individual employee performance to compensation or layoff decisions.
Premium.
Pay added to an employee's base salary on a contingent basis in recognition of special requirements, conditions, or circumstances associated with the job.
Reassignment.
A reassignment is an employer-initiated movement of:
(1) a WMS employee from one position to a different position within WMS with the same salary standard and/or evaluation points; or
(2) a WMS position and its incumbent from one section, department, or geographical location to another section, department, or geographical location.
Salary standard.
A salary standard is the maximum dollar amount assigned to a position in those agencies that use a salary standard in addition to, or in place of, evaluation points.
Separation.
Separation from employment for nondisciplinary purposes.
Suspension.
An absence without pay for disciplinary purposes.
Transfer.
A transfer is an employee-initiated movement from one position to a different position with the same salary standard and/or same evaluation points.
Washington management service.
Washington management service is the system of personnel administration that applies to classified managerial employees or positions under the jurisdiction of RCW 41.06.022 and 41.06.500.
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(1) Legislatively directed general and/or special increase;
(2) Documented recruitment and/or retention problems as approved by the agency director or designee; and/or
(3) Documented agency and/or state internal salary relationship problems, as approved by the agency director or designee.
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(1) In recognition of the employee's demonstrated growth and development; and/or
(2) If the employer has received performance management confirmation, in recognition of the employee's sustained excellence.
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(1) The assignment of additional responsibilities, which results in higher evaluation points and/or a higher salary standard for the same position, or
(2) Movement to a different position that has a higher salary standard and/or higher evaluation points.
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