Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-58-500 May an employee request withdrawal of his/her resignation?, 357-58-505 Does a WMS employee have appeal rights?, 357-58-510 Can the agency's decision regarding which WMS position to eliminate in a layoff action be appealed?, 357-58-515 When a WMS employee disagrees with an employer's action, can the employee request the employer review the action that was taken?, 357-58-520 What requirements must be included in the agency's WMS review procedures?, 357-58-525 How does the employee request an action review?, 357-58-530 What is the agency's responsibility for analyzing records of informal reviews?, 357-58-535 What are the agency's responsibilities for records of reviews?, 357-58-540 What type of records are agencies required to keep and report for WMS employees?, and 357-58-545 Does the director of the department of personnel have rights to review agencies' WMS actions?
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 appeal rights for Washington Management Service (WMS) employees, action reviews for WMS employees, and withdrawal of a WMS employee's resignation.
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
(1) Salary adjustment (or lack thereof) when the responsibilities of the permanent employee's position have been changed.
(2) Placement following reversion of a permanent employee.
(3) Decisions about whether or not a position is included in the Washington management service. For reviews of decisions concerning inclusion in WMS the following apply:
(a) The final agency-internal review must be conducted by the agency director or designee.
(b) If the incumbent disagrees with the agency director/designee's decision, he/she may request a director's review by the director of the department of personnel, as long as such request is made within fifteen (15) calendar days of notification of the decision. Such review will be limited to relevant documents and information and will be final.
(1) Informal reviews must be limited to a maximum of three (3) levels of consideration within the agency.
(2) Informal reviews may be limited to an examination of documentation and other relevant information. Agency decisions should be prompt.
(3) The agency director or designee will conduct the informal review.
Reviser's note: The typographical error 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.
WAC 357-58-530 What is the agency's responsibility for analyzing records of informal reviews? Each agency is responsible for identifying and acting upon patterns or trends that signal problems or development or training needs among its managers.