WSR 05-04-087

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed February 2, 2005, 8:07 a.m. ]

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

Chapter 357-58 WAC

Washington Management Service


NEW SECTION
WAC 357-58-005   What is the key role and accountability for Washington Management Service employees in state government?   State managers have a crucial role in ensuring that the public receives needed government services in the most efficient and cost-effective manner possible. Managers must direct the development and implementation of policies and programs that achieve results. Managers must attract, develop, and retain a competent, productive workforce in order to successfully carry out state programs. Managers must build and sustain a workplace culture that focuses on performance and outcomes.

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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NEW SECTION
WAC 357-58-010   What is the purpose of the Washington Management Service (WMS) rules?   The purpose of chapter 357-58 WAC is to establish a system of personnel administration called the Washington Management Service (WMS) as authorized in RCW 41.06.500. Chapter 357-58 comprehensively covers the personnel matters relating to WMS positions.

The WMS embodies the concepts of a performance management work environment that recognizes competency-based appointments and compensation.

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NEW SECTION
WAC 357-58-015   Who is authorized to adopt rules for the WMS?   The director of the department of personnel adopts the WMS rules after consultation with state agencies.

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NEW SECTION
WAC 357-58-020   What are the goals of the WMS rules?   In accordance with RCW 41.06.500, the WMS rules must adhere to the following goals:

(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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NEW SECTION
WAC 357-58-025   Are WMS employees included in the classified service and what rules apply to WMS employees and positions?   WMS employees are part of the classified service.

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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NEW SECTION
WAC 357-58-030   Who determines if a position is included in the WMS?   Each agency identifies all positions that fit the definition of manager. Those identified positions are WMS positions.

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NEW SECTION
WAC 357-58-035   What is the definition of a manager or managerial employee?   In accordance with RCW 41.06.022, a manager or managerial employee is defined as the incumbent of a position that:

(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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NEW SECTION
WAC 357-58-040   Are there any manager positions or managerial employees that are not included in the WMS?   Manager positions or managerial employees that are exempt from civil service and manager positions or managerial employees of institutions of higher education and related boards are not included in WMS or covered by these rules.

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NEW SECTION
WAC 357-58-045   Who is covered by the WMS rules?   These rules apply only to managers and do not apply to classified employees in the Washington general service.

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NEW SECTION
WAC 357-58-050   What chapters of civil service rules apply to WMS positions?   Other chapters of civil service rules do not apply to WMS positions or employees except for the chapters listed below. If a WMS issue is identified that the director of the department of personnel has not specifically addressed in the adoption of the WMS rules, the other civil service rules do not apply or take precedence in addressing the issue.

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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NEW SECTION
WAC 357-58-055   What civil service rules do not apply to WMS?   Except where specifically stated otherwise, the following WAC chapters do not apply to positions or employees included in the Washington management service:

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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NEW SECTION
WAC 357-58-060   Do the WMS rules apply to all general government employers?   The WMS rules, Chapter 357-58 WAC, apply to all general government employers.

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NEW SECTION
WAC 357-58-065   Definitions for WMS.   In addition to those definitions included in chapter 357-01 WAC the following definitions apply to WMS:

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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NEW SECTION
WAC 357-58-070   What are the responsibilities of each agency for effectively managing and budgeting salaries for WMS positions?   Each agency has the overall responsibility for effectively managing and properly budgeting for salaries based on performance management and job-required competencies for its WMS positions.

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NEW SECTION
WAC 357-58-075   What is the requirement for agencies to develop compensation policies?   Each agency must develop salary administration policies that are consistent with this chapter and guidelines established by the department for WMS positions.

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NEW SECTION
WAC 357-58-080   How are positions assigned to the management bands?   Each agency must evaluate its WMS positions using a managerial job value assessment chart developed by the department of personnel. The number of points resulting from the evaluation determines the management band to which a position is assigned.

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NEW SECTION
WAC 357-58-085   Can WMS salaries exceed the limits of an assigned band?   Compensation for a WMS position must not exceed the maximum or fall below the minimum amount set by the director of the department of personnel for the assigned management band. The director of the department of personnel may approve exceptions to this rule.

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NEW SECTION
WAC 357-58-090   For what reasons can an agency adjust a WMS salary?   Salary adjustments may be made under the following conditions:

(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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NEW SECTION
WAC 357-58-095   May agencies provide progression increases for WMS employees?   Employers may grant progression adjustments to employees as follows:

(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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NEW SECTION
WAC 357-58-100   Is there a limit for annual progression increases?   Progression increases initiated by the agency normally will not exceed a total of twenty-five percent (25%) over the life of the position.

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NEW SECTION
WAC 357-58-105   When can exceptions to the progression increase limits be made?   Only the director of the department of personnel may grant requests for exception to the progression increase limit.

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NEW SECTION
WAC 357-58-110   What is a promotion?   A promotion is one of the following:

(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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NEW SECTION
WAC 357-58-115   What is a voluntary demotion and what changes may occur in salary?   A voluntary demotion is a voluntary movement by an employee to a position with lower evaluation points. Such movement may result in a salary decrease.

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Washington State Code Reviser's Office