WSR 05-12-069

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 27, 2005, 11:12 a.m. , effective July 1, 2005 ]


Purpose: These rules pertain to the Washington management services.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 05-04-088 on February 2, 2005.

Changes Other than Editing from Proposed to Adopted Version: WAC 357-58-120 (1)(2), as a result of discussions with stakeholders it was determined that language be added to this section to include placement in the Washington Government Service (WGS) with a lower base salary.

WAC 357-58-125, as a result of discussions with stakeholders it was determined that the language "WMS management band maximum exceeds the employee's salary" be added.

WAC 357-58-140, as a result of discussions with stakeholders it was determined that the language "over an annual period" be added.

WAC 357-58-220, as a result of discussions with stakeholders it was determined that the word "permanent" be added to the question.

WAC 357-58-225, as a result of discussions with stakeholders it was determined that language and numbering be added to clarify within the same agency and within a different agency.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 24, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 24, Amended 0, Repealed 0.

Date Adopted: March 10, 2005.

Eva N. Santos

Director


NEW SECTION
WAC 357-58-120   What is a disciplinary demotion and what changes may occur in salary?   Demotion for cause is a disciplinary demotion. A disciplinary demotion results in the:

(1) Assignment of responsibilities which results in a lower salary standard and/or lower evaluation points for the same position or results in the position being placed in the WGS with a lower base salary, or

(2) Movement to a different position that has a lower salary standard and/or lower evaluation points or to a WGS position with a lower base salary.

A disciplinary demotion may result in a salary decrease. Any salary decrease must comply with the salary basis test of the Fair Labor Standards Act.

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NEW SECTION
WAC 357-58-125   What is an involuntary downward movement and how does that affect the salary?   An involuntary downward movement is based on a non-disciplinary reassignment of duties that results in a lower salary standard and/or lower evaluation points for an employee's current position.

Such downward movement will not decrease the employee's current salary. The employee's current salary will be retained until such time as the WMS management band maximum exceeds the employee's salary or the employee leaves the position.

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NEW SECTION
WAC 357-58-130   Do salary increases greater than five percent (5%) for a group of employees need approval?   Salary changes greater than five percent (5%) proposed for any group of employees must be reviewed and approved by the director of the department of personnel.

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NEW SECTION
WAC 357-58-135   Who can provide lump-sum performance recognition payment to employees?   The director of the department of personnel or an agency that has received performance management confirmation for decentralized compensation administration may provide additional pay to employees on a lump sum basis. Such payment to an individual or group of employees is to recognize outstanding performance or the achievement of pre-defined work goals. Any pay granted under this section is a premium that is not part of the base salary.

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NEW SECTION
WAC 357-58-140   Is there a limit to the amount an employee can receive for performance recognition pay?   Over an annual period, performance recognition pay may not exceed fifteen percent (15%) of an employee's annual base salary unless approved by the director of the department of personnel.

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NEW SECTION
WAC 357-58-145   When may an agency authorize lump sum relocation compensation?   An agency director may authorize lump sum relocation compensation, within existing resources, whenever:

(1) It is reasonably necessary that a person move his or her home to accept a transfer or appointment; or

(2) It is necessary to successfully recruit or retain a qualified candidate or employee who will have to move his or her home in order to accept the position.

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NEW SECTION
WAC 357-58-150   For what reasons may an employee be required to pay back the relocation payment?   If the employee receiving the relocation payment terminates or causes termination with the state within one year of the date of the appointment or transfer, that employee may be required to pay back the lump sum payment. Termination as a result of layoff, disability separation, or other good cause as determined by the agency director will not require the employee to repay the relocation compensation.

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NEW SECTION
WAC 357-58-155   Must the agency develop written criteria for relocation compensation?   An agency must develop written criteria prior to authorizing lump sum relocation compensation. The criteria must include:

(1) A description of the circumstances for which relocation compensation will be granted; and

(2) The method that will be used to determine the amount of relocation compensation.

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NEW SECTION
WAC 357-58-160   How are hours of work established for WMS employees?   Agencies must assign each WMS position to one of the overtime eligibility designations identified in the compensation plan and determine the position's work week.

For overtime-eligible employees, compensation must be in accordance with the following sections of chapter 357-28 WAC:

WAC 357-28-245

WAC 357-28-250

WAC 357-28-255

WAC 357-28-260

WAC 357-28-265

WAC 357-28-275

WAC 357-28-280

WAC 357-28-285

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NEW SECTION
WAC 357-58-165   Do WMS employees receive leave benefits?   Leave accrual, leave usage, and paid holidays for WMS employees must be in accordance with chapter 357-31 WAC.

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NEW SECTION
WAC 357-58-170   What about other pay issues?   Each agency may establish policies and practices for additional compensation such as shift differential, call back pay, and standby pay in accordance with the provisions of chapter 357-28 WAC.

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NEW SECTION
WAC 357-58-175   Can an employer authorize lump-sum vacation leave or accelerate vacation leave accrual rates to support the recruitment and/or retention of an incumbent or candidate for a WMS position?   In addition to the vacation leave accruals as provided in WAC 357-31-165, an employer may authorize additional vacation leave as follows to support the recruitment and/or retention of an incumbent or candidate for a specific WMS position:

(1) Employers may authorize an accelerated accrual rate for an incumbent or candidate; and/or

(2) Employers may authorize a lump-sum accrual of up to 80 hours of vacation leave for the incumbent or candidate.

Vacation leave accrued under this section must be used in accordance with the leave provisions of chapter 357-31 WAC and cannot be used until the employee has completed six continuous months of service.

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NEW SECTION
WAC 357-58-180   Must an agency have a policy regarding authorization of additional leave to support the recruitment of a candidate or the retention of an incumbent for a WMS position?   In order to authorize additional leave for the recruitment and/or retention of a candidate or incumbent for a WMS position, an agency must have a written policy that:

(1) Identifies the reasons for which the employer may authorize additional leave; and

(2) Requires that lump sum accruals only be granted after services have been rendered in accordance with express conditions established by the employer.

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NEW SECTION
WAC 357-58-185   Must an agency develop a recruitment and selection policy and/or procedure for WMS positions?   Each agency must develop a recruitment and selection policy and/or procedure that will best meet client, employee, management, and organizational needs. The policy and/or procedure must address filling positions and employee movement.

The policy and procedures for recruitment and selection must be inherently flexible and permit methods and strategies to be varied and customized for each recruitment and selection need.

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NEW SECTION
WAC 357-58-190   What must be addressed in agency's WMS recruitment and selection policy and/or procedure?   An agency's WMS recruitment and selection policy must:

(1) Provide for the ability to consider any or all qualified candidates for hire, promotion, or internal movement;

(2) Ensure that hiring decisions are fair, objective, and based on the evaluation of leadership and other job related competencies and characteristics required for successful job performance and performance management;

(3) Support workforce diversity and affirmative action goals;

(4) Consider the career development of the agency's employees and other state employees;

(5) Ensure that hiring decisions are not based on patronage or political affiliation;

(6) Ensure compliance with state and federal laws relating to employee selection and nondiscrimination;

(7) Encourage decentralized and regional administration of the recruitment and selection processes when it is appropriate for the agency.

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NEW SECTION
WAC 357-58-195   Are employers required to grant promotional preference when filling WMS positions?   Agencies are not required to grant promotional preference when recruiting and selecting for WMS positions. However, an agency may determine, on an individual position basis, if it is in the organization's best interest to limit the candidate pool to promotional candidates. The agency defines who qualifies as a promotional candidate.

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NEW SECTION
WAC 357-58-200   How may transfers occur?   At any time, an employee and the affected agency or agencies may agree to the transfer of a WMS employee within an agency or between agencies.

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NEW SECTION
WAC 357-58-205   Under what conditions may an employer reassign a WMS employee?   At any time, an agency may reassign an employee or a position and it's incumbent to meet client or organizational needs. If the new location is within a reasonable commute, as defined by the agency, the employee must accept the reassignment.

If the reassignment is beyond a reasonable commute and the employee does not agree to the reassignment, the employee has layoff rights in accordance with this chapter.

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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 357-58-210   When may a WMS employee transfer to a WGS position and vice versa?   A permanent employee may transfer from a WMS position to a WGS position if his/her salary is within the salary range of the WGS position.

A permanent employee may transfer from a WGS position to a WMS position if his/her salary is within the management band assigned to the WMS position.

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NEW SECTION
WAC 357-58-215   May a permanent WMS employee voluntarily demote to a WGS position?   A permanent WMS employee may voluntarily demote from a WMS position to a WGS position at a lower pay level than his/her current position.

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NEW SECTION
WAC 357-58-220   May a permanent WMS employee accept a nonpermanent appointment in the WGS?   A permanent WMS employee may accept a nonpermanent appointment to a WGS position as provided in chapter 357-19 WAC.

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NEW SECTION
WAC 357-58-225   What return rights must an employer provide to a permanent WMS employee who accepts a nonpermanent appointment to a WGS position?   (1) When a permanent WMS employee has accepted a nonpermanent appointment to a WGS position within the same agency and the nonpermanent appointment ends, the agency must at a minimum provide the employee the layoff rights of his/her permanent WMS position. If returning to a permanent WMS position the employee's salary must not be less than the salary of the previously held permanent WMS position.

(2) When a permanent WMS employee has accepted a nonpermanent appointment to a WGS position within the different agency, the original agency must provide layoff rights as specified in subsection (1) of this section for six (6) months from the time the employee is appointed. Any return right after six (6) months is negotiable between the employee and agency and must be agreed to prior to the employee accepting the nonpermanent appointment. If the employee does not return on the agreed upon date, the employee can request placement in the general government transition pool per WAC 357-46-095.

(3) In lieu of the rights provided in subsection (1) or (2) of this section, the agency and the employee may agree to other terms.

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NEW SECTION
WAC 357-58-230   May a WMS employee accept an appointment to a project position in the general service and does the employee have any return right to his/her permanent WMS position?   A permanent WMS employee may accept an appointment to a project WGS position as provided in chapter 357-19 WAC. Any right to return to the employee's permanent WMS position is negotiable between the employer and employee and must be agreed to prior to the employee accepting the WGS position. If no return right is agreed to, the employee has the rights provided by chapter 357-46 WAC upon layoff from the project.

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NEW SECTION
WAC 357-58-235   May employers create WMS positions in projects?   Employers may designate project positions that meet the definition of manager as WMS project positions.

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Washington State Code Reviser's Office