WSR 05-08-130

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed April 6, 2005, 9:34 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-19-300 What is a seasonal appointment?, 357-19-301 Does chapter 357-16 WAC apply to seasonal appointments?, 357-19-302 Do employees appointed to seasonal appointments serve a probationary period and gain permanent status?, 357-19-303 What provisions govern the layoff of employees from seasonal appointments?, and 357-19-375 Can an employee receive consecutive general government nonpermanent appointments?

Hearing Location(s): LeeAnn Miller Conference Center, 4224 6th Avenue S.E., Building #1, Lacey, WA, on May 12, 2005, at 10:00 a.m.

Date of Intended Adoption: May 12, 2005.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by May 6, 2005.

Assistance for Persons with Disabilities: Contact Department of Personnel by May 6, 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 seasonal appointments.

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 seasonal appointments for classified state employees. 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.

April 5, 2005

Eva Santos

Director


NEW SECTION
WAC 357-19-300   What is a seasonal appointment?   A seasonal appointment is an appointment made by general government employers that is cyclical in nature, recurs at approximately the same time each year, and last for a minimum of five (5) months but less than twelve (12) months in duration during any consecutive twelve-month period.

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NEW SECTION
WAC 357-19-301   Does chapter 357-16 WAC apply to seasonal appointments?   Seasonal appointments must be made accordance with the rules on recruitment, assessment, and certification as provided in chapter 357-16 WAC.

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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 357-19-302   Do employees appointed to seasonal appointments serve a probationary period and gain permanent status?   General government employees who do not have permanent status and receive a seasonal appointment must complete a probationary period. The probationary period may be completed in consecutive seasonal appointments with the same employer. Upon completion of the probationary period, employees in seasonal appointments gain permanent status.

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NEW SECTION
WAC 357-19-303   What provisions govern the layoff of employees from seasonal appointments?   (1) Employers may take actions to layoff employees in seasonal appointments in accordance with WAC 357-46-005 and 357-46-010.

(2) Employers who use seasonal appointments must address the following within their layoff procedures:

(a) Definition of seasonal layoff units.

(b) Description of separate internal layoff lists for seasonal positions.

(c) Notification of layoff for employees in seasonal appointments.

(i) Probationary employees in seasonal appointments must receive at least one calendar day's notice.

(ii) Permanent employees in seasonal appointments must receive at least 2 working days' notice.

(d) Layoff options in accordance with WAC 357-46-035 within the seasonal layoff unit for seasonal employees being laid off.

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AMENDATORY SECTION(Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)

WAC 357-19-375   Can an employee receive consecutive general government nonpermanent appointments?   Individuals may receive consecutive nonpermanent appointments as long as ((any)):

(1) Any subsequent appointment is to a different position; or

(2) The multiple appointments are of a seasonal nature but don't meet the definition of seasonal appointment because each appointment last less than 5 months in duration during any consecutive 12-month period.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, 357-19-375, filed 12/21/04, effective 7/1/05.]

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.

Washington State Code Reviser's Office