WSR 05-09-105

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed April 20, 2005, 10:42 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-13-090 How is an employee affected when his/her position is reallocated?

Hearing Location(s): Department of Personnel, Joan B. Darin Conference Room, 521 Capitol Way South, Olympia, WA, on May 24, 2005, at 10:00 a.m.

Date of Intended Adoption: May 24, 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 18, 2005.

Assistance for Persons with Disabilities: Contact Department of Personnel by May 18, 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 modification adds language which states that upon reallocation, if a probationary or trial service period is longer than six months and the employee has not performed the higher level duties for the length of that period then the employer may require the employee to serve the remainder of their probationary or trial service period.

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 reallocation. This proposal implements 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 19, 2005

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-01-201, filed 12/21/04, effective 7/1/05)

WAC 357-13-090   How is an employee affected when his/her position is reallocated?  


This table is used to determine how an employee whose position is reallocated is affected.
Employee's position reallocated to:
Class with a higher salary range maximum Class with an equal salary range maximum Class with a lower salary range maximum
Reallocation results from:
A position review requested by the employee or initiated by the employer If the employee has performed the higher level duties for at least six months and meets the competencies and other position requirements: If the employee meets the competencies and other position requirements: If the employee meets the competencies and other position requirements and chooses to remain in the reallocated position:
-> The employee remains in the position and ((retains existing appointment status)) is appointed with permanent status when the probationary or trial service period for the class to which the position is reallocated is six months in duration. When the probationary period or trial service period is longer than six months and the employee has not performed higher level duties for the length of the probationary period or trial service period, the employer may require the employee serve the remainder of the probationary or trial service period before gaining permanent status in the reallocated position.


If the reallocation is the result of a change in the duties of the position and the employee has not performed the higher level duties for six months or more:

-> The employee remains in the position and retains existing appointment status. -> The employee retains appointment status; has the right to be placed on the employer's internal layoff list; and has his/her salary set in accordance with WAC 357-28-120.
-> The employer must give the employee the opportunity to compete for the position. The employer may choose to promote the employee without competition as long as the employee meets the competencies and any other position requirements. -> The employee retains the previous base salary in accordance with WAC 357-28-120. If the employee chooses to vacate the position or does not meet the competencies and other position requirements:
If the employee is not selected for the position, the employer's layoff procedure applies. If the employee is appointed, the employee must serve a trial service period. If the employee does not meet the competencies and other position requirements:

-> The employer's layoff procedure applies.
Upon appointment to the higher class, the employee's base salary must be increased a minimum of a two step increase, not to exceed the top step of the range as provided in WAC 357-28-115. -> The employer's layoff procedure applies.
The director implementing a new classification plan under provisions of RCW 41.06.136 or revising the classification plan. The employee remains in the position and keeps existing appointment status. See WAC 357-28-125 and 357-28-130 for determining the employee's salary.

[Statutory Authority: Chapter 41.06 RCW. 05-01-201, 357-13-090, filed 12/21/04, effective 7/1/05.]

Washington State Code Reviser's Office