WSR 05-04-089

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed February 2, 2005, 8:08 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 357-58-240 What are the notification requirements for appointing an employee to a project WMS position?, 357-58-245 Must an employee appointed to a project position serve a review period?, 357-58-250 Must an employee who transfers or voluntarily demotes to a project WMS position serve a review period? WAC 357-58-255 May a permanent WMS employee accept a project appointment within WMS and does the employee have any return rights to his/her permanent WMS position?, 357-58-260 What happens to employees in WMS project positions at the conclusion of the project?, 357-58-265 When may an agency make an acting WMS appointment and what actions are required?, 357-58-270 Does time in an acting appointment count as time in the review period?, 357-58-275 May a permanent WMS employee accept an acting WMS appointment and what are the employee's return rights at the conclusion of the acting appointment?, 357-58-280 What is the review period?, 357-58-285 When must a WMS employee serve a review period?, 357-58-290 How long does the review period last?, 357-58-295 May a review period be extended beyond the initial time period?, 357-58-300 Does the employee's use of leave without pay or shared leave extend the review period?, 357-58-305 When does a WMS employee attain permanent status?, 357-58-310 When may a WMS employee who transfers or voluntarily demotes be required to serve a WMS review period?, 357-58-315 When may an employee, who is promoted to another WMS position, in a different agency, while serving a review period, be required to serve a WMS review period?, 357-58-320 What happens when a WMS employee promotes to a new WMS position within the same agency while serving in a review period?, 357-58-325 When may a probationary or trial service period be served concurrently with the WMS review period?, 357-58-330 What happens when a general service employee serving a probationary or trial service period is appointed to a WMS position in a different agency?, 357-58-335 When a WMS employee is promoted in the same position as a result of additional new duties, is a review period required?, 357-58-340 When does reversion take place during a review period?, 357-58-345 When a permanent WMS employee does not complete the review period, what reversion rights does the employee have?, 357-58-350 When a permanent general service employee does not complete the review period for a WMS position, what reversion rights does the employee have?, 357-58-355 Can an employee voluntarily revert during a review period?, 357-58-360 May a reverted employee and an agency come to mutual agreement on reversion placement?, 357-58-365 What are reversion rights for a WMS employee who has no permanent status?, 357-58-370 Are there any appeal rights for reversion or separation during the review period?, 357-58-375 When permanent WMS employees promote or demote to positions in the general service and fail to complete the trial service period what reversion rights do permanent WMS employees?, 357-58-380 How does a WMS employee return from an exempt appointment?, 357-58-385 What is the responsibility of general government employers to provide training and development to WMS employees?, 357-58-390 What is the responsibility of WMS managers?, 357-58-395 What will be the role of the department of personnel?, and 357-58-400 How does each agency deal with developmental needs of managers?

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 project position within the Washington Management Service (WMS), acting appointments within WMS, review periods for WMS employees, reversion rights of WMS employees and training and development issues 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


NEW SECTION
WAC 357-58-240   What are the notification requirements for appointing an employee to a project WMS position?   An employee appointed to a project WMS position must be notified, in writing, of the status of the appointment and the expected ending date of the position.

[]


NEW SECTION
WAC 357-58-245   Must an employee appointed to a project position serve a review period?   An employee who does not have permanent status in classified service must serve a review period when appointed to a project position. The employee gains permanent status upon completion of the review period.

Permanent employees who promote to a WMS project position must serve a review period.

[]


NEW SECTION
WAC 357-58-250   Must an employee who transfers or voluntarily demotes to a project WMS position serve a review period?   An appointing authority may require an employee who transfers or voluntarily demotes to a project WMS position to serve a review period.

[]


NEW SECTION
WAC 357-58-255   May a permanent WMS employee accept a project appointment within WMS and does the employee have any return rights to his/her permanent WMS position?   A permanent WMS employee may accept an appointment to a WMS project position. Any right to return to the employee's permanent WMS position is negotiable between the employer and employee and must be agreed to prior to the employee accepting the project position. If no return right is agreed to, the permanent employee has the rights provided by WAC 357-58-260 (layoff rule) upon layoff from the project.

[]


NEW SECTION
WAC 357-58-260   What happens to employees in WMS project positions at the conclusion of the project?   (1) At the conclusion of an appointment to a project WMS position, the layoff provisions of this chapter apply.

(2) In addition to the layoff rights provided by this chapter:

A permanent status employee who left a permanent general service position to accept appointment to a project position without a break in service has the additional rights provided by WAC 357-19-340; and

A permanent status employee who left a permanent WMS position may have additional rights negotiated under WAC 357-58-255 (Permanent WMS employees return rights following a project appointment).

[]


NEW SECTION
WAC 357-58-265   When may an agency make an acting WMS appointment and what actions are required?   An agency may make acting appointments in WMS when necessary to meet organizational needs. Prior to the appointment, the appointing authority will communicate in writing to the employee the anticipated length, intent, salary, and other conditions of the appointment.

[]


NEW SECTION
WAC 357-58-270   Does time in an acting appointment count as time in the review period?   When an individual who is in an acting WMS appointment is subsequently appointed to a permanent WMS position, time spent in the acting appointment may count towards the review period for the permanent WMS position at the discretion of the appointing authority.

[]


NEW SECTION
WAC 357-58-275   May a permanent WMS employee accept an acting WMS appointment and what are the employee's return rights at the conclusion of the acting appointment?   Permanent WMS employees may accept acting appointments to WMS positions. When the acting appointment ends, the agency must at a minimum provide the employee the layoff rights of his/her permanent WMS position. The agency may provide additional return rights such as returning the employee to a permanent position without invoking the employee's layoff rights.

If the appointment is within the same agency, the agency must provide the employee the right to return at anytime. If the appointment is to a different agency, the agency must provide the employee the right to return for six (6) months from the time the employee is appointed. Any return right after six (6) months is negotiable between the employee and agency and must be agreed to prior to the employee accepting the nonpermanent appointment. If the employee does not return on the agreed upon date, the employee can request placement in the general government transition pool per WAC 357-46-095.

Upon return to a permanent position, the employer will determine the employee's salary.

[]


NEW SECTION
WAC 357-58-280   What is the review period?   The review period is a period of time that allows the employer an opportunity to ensure the WMS appointee meets the requirements and performance standards of the position.

[]


NEW SECTION
WAC 357-58-285   When must a WMS employee serve a review period?   A permanent employee who promotes to a permanent WMS position and an employee who does not have permanent status in the classified service must serve a review period when appointed to a permanent position.

[]


NEW SECTION
WAC 357-58-290   How long does the review period last?   Based on the nature of the job and the skills of the appointee, the review period will be between twelve (12) and eighteen (18) months as determined by the appointing authority. At the time of the appointment, the appointing authority will inform the appointee in writing of the length of the review period.

[]


NEW SECTION
WAC 357-58-295   May a review period be extended beyond the initial time period?   Employers may extend the review period for an individual employee as long as the extension does not cause the total period to exceed 18 months. The employer must notify the employee in writing of the extension.

[]


NEW SECTION
WAC 357-58-300   Does the employee's use of leave without pay or shared leave extend the review period?   If an employee uses leave without pay or shared leave for an entire work shift while serving a review period, the review period must be extended by one work day for each work day of leave without pay or shared leave. The granting of leave shall be in compliance with chapter 357-31 WAC and the Fair Labor Standards Act.

[]


NEW SECTION
WAC 357-58-305   When does a WMS employee attain permanent status?   Upon successful completion of the review period, the employee will attains permanent status in the position.

[]

Reviser's note: The unnecessary strikethrough in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-58-310   When may a WMS employee who transfers or voluntarily demotes be required to serve a WMS review period?   An appointing authority may require an employee who transfers or voluntarily demotes to serve a review period.

[]


NEW SECTION
WAC 357-58-315   When may an employee, who is promoted to another WMS position, in a different agency, while serving a review period, be required to serve a WMS review period?   An employee who is promoted to a different WMS position in a different agency during the review period will begin a new review period for the new position. The new employer may allow for some or all of the time served in the review period for the prior position to count towards the review period. The employee will not attain permanent status in the original position in the former agency unless agreed to in writing by the appointing authorities in both agencies.

[]


NEW SECTION
WAC 357-58-320   What happens when a WMS employee promotes to a new WMS position within the same agency while serving in a review period?   If a WMS employee is promoted to a different WMS position in the same agency during the review period, the following applies:

(1) Time served in the initial review period counts towards the review period of the new position if the employer determines the positions are closely related.

(2) The review period starts over if the employer determines the positions are not closely related.

[]


NEW SECTION
WAC 357-58-325   When may a probationary or trial service period be served concurrently with the WMS review period?   An employee who is appointed to a WMS position from a Washington general service position in the same agency while serving a probationary or trial service period in the same or similar occupational field may serve the trial service or probationary period concurrently with the review period. At the discretion of the employer, the employee may attain permanent status in the previous job classification once the original probationary or trial service period concludes.

The new employer may allow for some or all of the time served in the review period for the prior position to count towards the review period. The employee will not attain permanent status in the original position in the former agency unless agreed to in writing by the appointing authorities in both agencies.

[]


NEW SECTION
WAC 357-58-330   What happens when a general service employee serving a probationary or trial service period is appointed to a WMS position in a different agency?   A WGS employee who is appointed to a WMS position in a different agency while serving in a probationary or trial service period will not attain permanent status in the original position in the former agency unless agreed to in writing by the appointing authorities in both agencies.

[]


NEW SECTION
WAC 357-58-335   When a WMS employee is promoted in the same position as a result of additional new duties, is a review period required?   The agency may require a review period when the employee remains in the same position and receives a promotion as a result of additional new duties.

[]


NEW SECTION
WAC 357-58-340   When does reversion take place during a review period?   During the review period, the appointing authority may separate or revert the employee from the position with written notification of the effective date.

[]


NEW SECTION
WAC 357-58-345   When a permanent WMS employee does not complete the review period, what reversion rights does the employee have?   When a WMS permanent employee is appointed to a WMS position and reverted during the review period, the current employing agency at the time of reversion must place the employee in a vacant funded WMS position for which the employee is qualified, and that is comparable to the employee's position and salary prior to the last WMS appointment. If no vacant funded positions are available, the agency must place the employee in a WMS position for which the employee is qualified and which is similar to the employee's previous position and salary. If the reversion of the employee causes the total number of employees to exceed the total number of positions to be filled, the employer may implement a layoff.

[]


NEW SECTION
WAC 357-58-350   When a permanent general service employee does not complete the review period for a WMS position, what reversion rights does the employee have?   When a permanent Washington general service employee is appointed to a WMS position and is reverted during the review period, the employee has reversion rights with the current employer at the time of reversion in accordance with WAC 357-19-115, 357-19-117, and 357-19-120.

[]


NEW SECTION
WAC 357-58-355   Can an employee voluntarily revert during a review period?   Within the first 30 calendar days of any review period, an employee may voluntarily revert. The employee's reversion rights are as provided in WAC 357-58-345 and WAC 357-58-350 as appropriate. Voluntary reversion after 30 days is at the discretion of the employer.

[]


NEW SECTION
WAC 357-58-360   May a reverted employee and an agency come to mutual agreement on reversion placement?   Nothing in this section precludes agencies and the reverted employee from reaching mutual agreement on placement of a reverted employee within the WMS or within the Washington general service if permitted by the respective rules.

[]


NEW SECTION
WAC 357-58-365   What are reversion rights for a WMS employee who has no permanent status?   An appointee to a WMS position from outside state service, who is separated prior to completion of the review period, will not attain permanent status. The employee will not have reversion rights to any position within the WMS or within the Washington general service.

[]


NEW SECTION
WAC 357-58-370   Are there any appeal rights for reversion or separation during the review period?   Employees may not appeal reversion or separation from the review period.

[]


NEW SECTION
WAC 357-58-375   When permanent WMS employees promote or demote to positions in the general service and fail to complete the trial service period what reversion rights do permanent WMS employees?   Permanent employees who promote or voluntarily demote from the Washington management service to the Washington general service and who are either voluntarily or involuntarily reverted during the trial service period have reversion rights as provided in WAC 357-58-350.

[]


NEW SECTION
WAC 357-58-380   How does a WMS employee return from an exempt appointment?   Return from an exempt appointment will be accomplished as provided in WAC 357-19-195 and 357-19-200.

[]


NEW SECTION
WAC 357-58-385   What is the responsibility of general government employers to provide training and development to WMS employees?   In addition to those responsibilities identified in chapter 357-34 WAC, general government employers must provide WMS development and training opportunities specifically designed to refine and broaden managerial knowledge and leadership competencies. Diversity, performance management, and education for managing employees in a civil service system must be part of this training. WMS employees must complete the core curriculum on leadership competencies as determined by the department of personnel within eighteen (18) months of being appointed to a WMS position.

[]


NEW SECTION
WAC 357-58-390   What is the responsibility of WMS managers?   In addition to those responsibilities identified in chapter 357-34 WAC, WMS employees are responsible for seeking out and fully participating in opportunities to enhance their managerial knowledge and leadership competencies to implement and emphasize performance management, model efficient leadership in changing work situations, reduce potential liability claims and manage in a civil service environment.

[]


NEW SECTION
WAC 357-58-395   What will be the role of the department of personnel?   The department of personnel shall assist state agencies by providing a quality developmental and leadership training program and consultative and technical assistance to help agencies address the development needs of their managers.

[]


NEW SECTION
WAC 357-58-400   How does each agency deal with developmental needs of managers?   Each agency must ensure that the development needs of managers are incorporated into the agency's development and training plan. Each agency is responsible for periodic evaluations of its plan.

[]

Washington State Code Reviser's Office