WSR 05-12-068

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 27, 2005, 11:11 a.m. , effective July 1, 2005 ]


Purpose: These rules pertain to the Washington management service.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-04-087 on February 2, 2005.

Changes Other than Editing from Proposed to Adopted Version: WAC 357-58-005, as a result of discussions with stakeholders it was determined that language be added in this section to include aligning the workforce with the organization's strategic plan and creating a productive work environment.

WAC 357-58-040, as a result of discussions with stakeholders it was determined that language be added to include chapter 357-58 WAC.

WAC 357-58-045, as a result of discussions with stakeholders it was determined that language be added to include chapter 357-58 WAC.

WAC 357-58-055, as a result of discussions with stakeholders it was determined that chapter 357-10 WAC, Personnel Resources Board classification, be added to this chapter.

WAC 357-58-065, as a result of discussions with stakeholders it was determined that the first paragraph be changed to "The following definitions apply to chapter 357-58 WAC." Also, added "within a management band" to salary standard definition, added "state" employment to separation definition, added "WMS" to the transfer definition and added Washington general service (WGS) to the definitions.

WAC 357-58-085, as a result of discussions with stakeholders it was determined that the question and answer be reworded to address outside the minimum or maximum of an assigned band.

WAC 357-58-100, as a result of discussions with stakeholders it was determined that the language "life of the position" be removed and clarifying language be added.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 23, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 23, Amended 0, Repealed 0.

Date Adopted: March 10, 2005.

Eva N. Santos

Director

Chapter 357-58 WAC

Washington Management Service


NEW SECTION
WAC 357-58-005   What is the key role and accountability for Washington management service employees in state government?   State managers have a crucial role in ensuring that the public receives needed government services in the most efficient and cost-effective manner possible. Managers must direct the development and implementation of policies and programs that achieve results. Managers must attract, develop, and retain a competent, productive workforce in order to successfully carry out state programs. Managers must build and sustain a workplace culture that focuses on performance and outcomes.

State managers are expected to personally commit to demonstrating excellent leadership competencies and achieving programmatic results. Also, it is essential that agency leaders hold their managers accountable for properly leading and managing their human resources - their employees. This includes aligning the workforce with the organization's strategic plan; hiring the best qualified staff; creating a productive work environment; setting clear performance expectations; providing day-to-day feedback and support; developing staff competencies; conducting regular performance evaluations; implementing timely and meaningful rewards; and, holding employees accountable for successful performance.

The efficiency and effectiveness with which government services are delivered to the citizens of Washington State depends largely on the quality and productivity of state employees. Each manager has the unique and critical responsibility to foster the building of a performance-based culture that will enable workforce success.

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NEW SECTION
WAC 357-58-010   What is the purpose of the Washington management service (WMS) rules?   The purpose of chapter 357-58 WAC is to establish a system of personnel administration called the Washington Management Service (WMS) as authorized in RCW 41.06.500. Chapter 357-58 comprehensively covers the personnel matters relating to WMS positions.

The WMS embodies the concepts of a performance management work environment that recognizes competency-based appointments and compensation.

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NEW SECTION
WAC 357-58-015   Who is authorized to adopt rules for the WMS?   The director of the department of personnel adopts the WMS rules after consultation with state agencies.

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NEW SECTION
WAC 357-58-020   What are the goals of the WMS rules?   In accordance with RCW 41.06.500, the WMS rules must adhere to the following goals:

(1) Simplified classification system that facilitates movement of managers between agencies and promotes upward mobility;

(2) Flexibility in setting and changing salaries and a compensation system that is consistent with RCW 41.06.500;

(3) Performance appraisal system that emphasizes individual accountability; program results and efficient management of resources; effective planning, organization, and communication skills; valuing and managing workplace diversity; development of leadership and interpersonal abilities; and employee development;

(4) Strengthened management training and career development programs that build critical management competencies; focusing on managing and valuing workplace diversity; empowering employees by enabling them to share in workplace decision making, and to be innovative, willing to take risks, and able to accept and deal with change; promoting a workplace where the overall focus is on the recipient of the government services and how these services can be improved; and enhancing mobility and career advancement opportunities;

(5) Flexibility in recruitment and hiring procedures that enable agencies to compete effectively with other employers, both public and private, for managers with appropriate position-based competencies, leadership skills and training; allowing consideration of all qualified candidates for positions as managers; and achieving affirmative action goals and diversity in the workplace;

(6) Provisions that managers may only be reduced, dismissed, suspended, or demoted for cause;

(7) Facilitation of decentralized and regional administration; and

(8) Ensuring that decisions are not based on patronage or political affiliation.

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NEW SECTION
WAC 357-58-025   Are WMS employees included in the classified service and what rules apply to WMS employees and positions?   WMS employees are part of the classified service.

Chapter 357-58 WAC applies to classified employees and positions that meet the definition of manager in WAC 357-58-035.

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NEW SECTION
WAC 357-58-030   Who determines if a position is included in the WMS?   Each agency identifies all positions that fit the definition of manager. Those identified positions are WMS positions.

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NEW SECTION
WAC 357-58-035   What is the definition of a manager or managerial employee?   In accordance with RCW 41.06.022, a manager or managerial employee is defined as the incumbent of a position that:

(1) Formulates state-wide policy or directs the work of an agency or agency subdivision;

(2) Administers one or more state-wide policies or programs of an agency or agency subdivision;

(3) Manages, administers, and controls a local branch office of an agency or an agency subdivision, including the physical, financial, or personnel resources;

(4) Has substantial responsibility in personnel administration, legislative relations, public information, or the preparation and administration of budgets; and/or

(5) Functions above the first level of supervision and exercises authority that is not merely routine or clerical in nature and requires the consistent use of independent judgment.

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NEW SECTION
WAC 357-58-040   Are there any manager positions or managerial employees that are not included in the WMS?   Manager positions or managerial employees that are exempt from civil service and manager positions or managerial employees of institutions of higher education and related boards are not included in WMS or covered by chapter 357-58 WAC.

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NEW SECTION
WAC 357-58-045   Who is covered by the WMS rules?   Chapter 357-58 WAC applies only to managers and do not apply to classified employees in the Washington general service.

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NEW SECTION
WAC 357-58-050   What chapters of civil service rules apply to WMS positions?   Other chapters of civil service rules do not apply to WMS positions or employees except for the chapters listed below. If a WMS issue is identified that the director of the department of personnel has not specifically addressed in the adoption of the WMS rules, the other civil service rules do not apply or take precedence in addressing the issue.

Except where specifically stated otherwise, the following chapters apply to positions or employees included in the WMS.

WAC 357-04 General provisions

WAC 357-07 Public records

WAC 357-22 Personnel Files

WAC 357-25 Affirmative Action Program

WAC 357-26 Reasonable Accommodation

WAC 357-31 Leave

WAC 357-34 Employee Training and Development

WAC 357-37 Performance Management

WAC 357-40 Discipline

WAC 357-43 Employee Business Units

WAC 357-52 Appeals

WAC 357-55 Combined Fund Drive

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NEW SECTION
WAC 357-58-055   What civil service rules do not apply to WMS?   Except where specifically stated otherwise, the following WAC chapters do not apply to positions or employees included in the Washington management service:

WAC 357-01 Definitions

WAC 357-10 Personnel Resources Board Classification

WAC 357-13 Classification

WAC 357-16 Recruitment, Assessment, and Certification

WAC 357-19 Appointments and Reemployment

WAC 357-28 Compensation

WAC 357-46 Layoff and Separation

WAC 357-49 Director's Reviews

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NEW SECTION
WAC 357-58-060   Do the WMS rules apply to all general government employers?   The WMS rules, Chapter 357-58 WAC, apply to all general government employers.

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NEW SECTION
WAC 357-58-065   Definitions for WMS.   The following definitions apply to chapter 357-58 WAC:

(1) Competencies.

Those measurable or observable knowledge, skills, abilities, and behaviors critical to success in a key job role or function.

(2) Dismissal.

The termination of an individual's employment for disciplinary purposes.

(3) Employee.

An individual working in the classified service. Employee business unit members are covered by chapter 357-43 WAC and defined in WAC 357-43-001.

(4) Evaluation points.

Evaluation points are the points resulting from an evaluation of a position using the managerial job value assessment chart.

(5) Layoff unit.

A clearly identified structure within an employer's organization within which layoff options are determined in accordance with the employer's layoff procedure. Layoff units may be a series of progressively larger units within an employer's organization.

(6) Management bands.

Management bands are a series of management levels included in the Washington management service. Placement in a band reflects the nature of management, decision-making environment and policy impact, and scope of management accountability and control assigned to the position.

(7) Performance management confirmation.

Approval granted by the director of the department of personnel to an employer allowing the employer to link individual employee performance to compensation or layoff decisions.

(8) Premium.

Pay added to an employee's base salary on a contingent basis in recognition of special requirements, conditions, or circumstances associated with the job.

(9) Reassignment.

A reassignment is an employer-initiated movement of:

(a) a WMS employee from one position to a different position within WMS with the same salary standard and/or evaluation points; or

(b) a WMS position and its incumbent from one section, department, or geographical location to another section, department, or geographical location.

(10) Salary standard.

Within a management band a salary standard is the maximum dollar amount assigned to a position in those agencies that use a salary standard in addition to, or in place of, evaluation points.

(11) Separation.

Separation from state employment for nondisciplinary purposes.

(12) Suspension.

An absence without pay for disciplinary purposes.

(13) Transfer.

A WMS transfer is an employee-initiated movement from one position to a different position with the same salary standard and/or same evaluation points.

(14) Washington general service (WGS).

Washington general service is the system of personnel administration that applies to classified employees or positions under the jurisdiction of chapter 41.06 RCW which do not meet the definition of manager found in RCW 41.06.022.

(15) Washington management service (WMS).

Washington management service is the system of personnel administration that applies to classified managerial employees or positions under the jurisdiction of RCW 41.06.022 and 41.06.500.

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Reviser's note: The unnecessary underscoring 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 357-58-070   What are the responsibilities of each agency for effectively managing and budgeting salaries for WMS positions?   Each agency has the overall responsibility for effectively managing and properly budgeting for salaries based on performance management and job-required competencies for its WMS positions.

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NEW SECTION
WAC 357-58-075   What is the requirement for agencies to develop compensation policies?   Each agency must develop salary administration policies that are consistent with this chapter and guidelines established by the department for WMS positions.

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NEW SECTION
WAC 357-58-080   How are positions assigned to the management bands?   Each agency must evaluate its WMS positions using a managerial job value assessment chart developed by the department of personnel. The number of points resulting from the evaluation determines the management band to which a position is assigned.

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NEW SECTION
WAC 357-58-085   Can WMS salaries be set outside the minimum and maximum of an assigned management band?   Compensation for a WMS position must not be set outside the minimum or maximum of the assigned management band when allowed under any provision of this chapter or when approved by the department of personnel.

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NEW SECTION
WAC 357-58-090   For what reasons can an agency adjust a WMS salary?   Salary adjustments may be made under the following conditions:

(1) Legislatively directed general and/or special increase;

(2) Documented recruitment and/or retention problems as approved by the agency director or designee; and/or

(3) Documented agency and/or state internal salary relationship problems, as approved by the agency director or designee.

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NEW SECTION
WAC 357-58-095   May agencies provide progression increases for WMS employees?   Employers may grant progression adjustments to employees as follows:

(1) In recognition of the employee's demonstrated growth and development; and/or

(2) If the employer has received performance management confirmation, in recognition of the employee's sustained excellence.

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NEW SECTION
WAC 357-58-100   Is there a limit for annual progression increases?   Progression increases initiated by the agency normally will not exceed a total of twenty-five percent (25%) during the tenure of an employee's appointment to a position as long as the position's duties are unchanged or would not evaluate higher if new duties were assigned.

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NEW SECTION
WAC 357-58-105   When can exceptions to the progression increase limits be made?   Only the director of the department of personnel may grant requests for exception to the progression increase limit.

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NEW SECTION
WAC 357-58-110   What is a promotion?   A promotion is one of the following:

(1) The assignment of additional responsibilities, which results in higher evaluation points and/or a higher salary standard for the same position, or

(2) Movement to a different position that has a higher salary standard and/or higher evaluation points.

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NEW SECTION
WAC 357-58-115   What is a voluntary demotion and what changes may occur in salary?   A voluntary demotion is a voluntary movement by an employee to a position with lower evaluation points. Such movement may result in a salary decrease.

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Washington State Code Reviser's Office