WSR 05-04-090

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed February 2, 2005, 8:09 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-58-500 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

Director


NEW SECTION
WAC 357-58-500   May an employee request withdrawal of his/her resignation?   An appointing authority or employing official may permit withdrawal of a resignation at any time prior to the effective date.

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NEW SECTION
WAC 357-58-505   Does a WMS employee have appeal rights?   Any permanent WMS employee who is laid off, dismissed, suspended, demoted, separated, whose position has been reassigned beyond a reasonable commute without agreeing to the reassignment, or whose base salary is reduced may appeal in accordance with chapter 357-52 WAC.

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NEW SECTION
WAC 357-58-510   Can the agency's decision regarding which WMS position to eliminate in a layoff action be appealed?   The agency's decision regarding which WMS position to eliminate in a layoff is not subject to appeal.

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NEW SECTION
WAC 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?   Each agency will develop procedures for conducting an informal review of agency actions at the request of the employee. The agency's procedure must identify those actions for which an employee may request an informal review. At a minimum, the agency's procedure must allow an employee to request a review of the following:

(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.

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NEW SECTION
WAC 357-58-520   What requirements must be included in the agency's WMS review procedures?   In developing and administering the agency's WMS review procedures, the agency will adhere to the following:

(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.

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NEW SECTION
WAC 357-58-525   How does the employee request an action review?   Employee requests for an review of an action must be in writing and requested within fifteen (15) calendar days of the action or notification or awareness (whichever was first) of the action to be reviewed.

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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.
NEW SECTION
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.

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NEW SECTION
WAC 357-58-535   What are the agency's responsibilities for records of reviews?   Each agency must maintain a record of the number, nature, and outcome of informal reviews requested and conducted.

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NEW SECTION
WAC 357-58-540   What type of records are agencies required to keep and report for WMS employees?   Each agency will maintain records of employees in the WMS. The records will identify employees as members of the WMS, including position numbers and position titles and will track all personnel actions related to them. Agencies will be responsible for collecting statistical information on WMS personnel regarding diversity, applicant flow, and appointments following each selection.

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NEW SECTION
WAC 357-58-545   Does the director of the department of personnel have rights to review agencies' WMS actions?   The director of the department of personnel retains the right to review any informal review decision rendered by agency heads or designees or any actions taken under the WMS.

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Washington State Code Reviser's Office