WSR 05-12-070

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 27, 2005, 11:13 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 05-04-089 on February 2, 2005.

Changes Other than Editing from Proposed to Adopted Version: WAC 357-58-255, as a result of discussions with stakeholders it was determined that the reference to WAC 357-58-260 be changed to WAC 357-58-465.

WAC 357-58-260, as a result of discussions with stakeholders it was determined that the language to be added to distinguish between WGS and WMS. Also, removed the language "Permanent WMS employees return rights following a project appointment."

WAC 357-58-265, as a result of discussions with stakeholders it was determined that the language be clarified in this section to include the definition of an acting appointment.

WAC 357-58-275, as a result of discussions with stakeholders it was determined that the language in this section be written and numbered to clarify the difference between appointments within the same agency and appointments in a different agency.

WAC 357-58-280, as a result of discussions with stakeholders it was determined that this WAC be abolished and that the review period be moved to the definitions section.

WAC 357-58-285, as a result of discussion with stakeholders it was determined that the following language be added "A review period must be served when" and also numbered.

WAC 357-58-300, as a result of discussion with stakeholders it was determined that total leave without pay or shared leave must not exceed 174 hours in order to not affect the review period.

WAC 357-58-315, as a result of discussion with stakeholders it was determined that the language be changed from "appointing authorities" to "employers."

WAC 357-58-325, as a result of discussion with stakeholders it was determined that the language be changed from "appointing authorities" to "employers."

WAC 357-58-330, as a result of discussion with stakeholders it was determined that the language be revised to include serving a WGS probationary period concurrently with a WMS review period.

WAC 357-58-355, as a result of discussion with stakeholders it was determined that language be added to include that an employee may request to voluntarily revert. Removed the reference to WAC 357-58-345, 357-58-350, and removed the last sentence which read "voluntary reversion after thirty days is at the discretion of the employer."

WAC 357-58-365, as a result of discussion with stakeholders it was determined that both the question and answer be revised to clarify permanent status in classified service and their reversion rights.

WAC 357-58-375, as a result of discussion with stakeholders it was determined that language and numbering be added to this section to help clarify what happens when permanent WMS employees promote or demote to WGS and do not complete the trial service period.

WAC 357-58-380, as a result of discussion with stakeholders it was determined that this WAC be abolished.

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 31, 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 31, Amended 0, Repealed 0.

Date Adopted: March 10, 2005.

Eva N. Santos

Director


NEW SECTION
WAC 357-58-240   What are the notification requirements for appointing an employee to a project WMS position?   An employee appointed to a project WMS position must be notified, in writing, of the status of the appointment and the expected ending date of the position.

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NEW SECTION
WAC 357-58-245   Must an employee appointed to a project position serve a review period?   An employee who does not have permanent status in classified service must serve a review period when appointed to a project WMS position. The employee gains permanent status upon completion of the review period.

Permanent employees who promote to a project WMS position must serve a review period.

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NEW SECTION
WAC 357-58-250   Must an employee who transfers or voluntarily demotes to a project WMS position serve a review period?   An appointing authority may require an employee who transfers or voluntarily demotes to a project WMS position to serve a review period.

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NEW SECTION
WAC 357-58-255   May a permanent WMS employee accept a project appointment within WMS and does the employee have any return rights to his/her permanent WMS position?   A permanent WMS employee may accept an appointment to a project WMS position. 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 project position. If no return right is agreed to, the permanent employee has the rights provided by WAC 357-58-465 upon layoff from the project.

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NEW SECTION
WAC 357-58-260   What happens to employees in project WMS positions at the conclusion of the project?   (1) At the conclusion of an appointment to a project WMS position, the layoff provisions of this chapter apply.

(2) In addition to the layoff rights provided by this chapter:

(a) A permanent status employee who left a permanent WGS position to accept appointment to a project WMS position without a break in service has the additional rights provided by WAC 357-19-340; and

(b) A permanent status employee who left a permanent WMS position may have additional rights negotiated under WAC 357-58-255.

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NEW SECTION
WAC 357-58-265   When may an agency make an acting WMS appointment and what actions are required?   When necessary to meet organizational needs, an agency may make nonpermanent appointments in WMS. These appointments are called acting appointments. Prior to the acting appointment, the appointing authority must communicate in writing to the employee the anticipated length, intent, salary, and other conditions of the appointment.

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NEW SECTION
WAC 357-58-270   Does time in an acting appointment count as time in the review period?   When an individual who is in an acting WMS appointment is subsequently appointed to a permanent WMS position, time spent in the acting appointment may count towards the review period for the permanent WMS position at the discretion of the appointing authority.

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NEW SECTION
WAC 357-58-275   May a permanent WMS employee accept an acting WMS appointment and what are the employee's return rights at the conclusion of the acting appointment?   Permanent WMS employees may accept acting appointments to WMS positions.

(1) When a permanent WMS employee has accepted an acting appointment within the same agency and the acting 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 an acting appointment within a different agency, the original agency must provide layoff rights as specified in subsection (1) of this section for six (6) 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) and (2) of this section, the agency and the employee may agree to other terms.

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NEW SECTION
WAC 357-58-285   When must a WMS employee serve a review period?   A review period must be served when:

(1) A permanent employee promotes to a permanent WMS position or

(2) An employee who does not have permanent status in the classified service is appointed to a permanent WMS position.

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NEW SECTION
WAC 357-58-290   How long does the review period last?   Based on the nature of the job and the skills of the appointee, the review period will be between twelve (12) and eighteen (18) months as determined by the appointing authority. At the time of the appointment, the appointing authority will inform the appointee in writing of the length of the review period.

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NEW SECTION
WAC 357-58-295   May a review period be extended beyond the initial time period?   Employers may extend the review period for an individual employee as long as the extension does not cause the total period to exceed 18 months. The employer must notify the employee in writing of the extension.

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NEW SECTION
WAC 357-58-300   Does time spent of leave without pay or shared leave count towards completion of an employee's review period?   Time spent of leave without pay or shared leave counts towards completion of the employee's review period if the total time does not exceed one hundred seventy-four (174) hours. If the total time on leave without pay or shared leave exceeds one hundred seventy-four (174) the employer determines whether or not the time in excess of one hundred seventy-four (174) hours will count towards completion of the review period. The granting of leave shall be in compliance with chapter 357-31 WAC and the Fair Labor Standards Act.

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NEW SECTION
WAC 357-58-305   When does a WMS employee attain permanent status?   Upon successful completion of the review period, the employee will attains permanent status in the position.

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Reviser's note: The unnecessary strikethrough 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 357-58-310   When may a WMS employee who transfers or voluntarily demotes be required to serve a WMS review period?   An appointing authority may require an employee who transfers or voluntarily demotes to serve a review period.

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NEW SECTION
WAC 357-58-315   When may an employee, who is promoted to another WMS position, in a different agency, while serving a review period, be required to serve a WMS review period?   An employee who is promoted to a different WMS position in a different agency during the review period will begin a new review period for the new position. The new employer may allow for some or all of the time served in the review period for the prior position to count towards the review period. The employee will not attain permanent status in the original position in the former agency unless agreed to in writing by the employers in both agencies.

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NEW SECTION
WAC 357-58-320   What happens when a WMS employee promotes to a new WMS position within the same agency while serving in a review period?   If a WMS employee is promoted to a different WMS position in the same agency during the review period, the following applies:

(1) Time served in the initial review period counts towards the review period of the new position if the employer determines the positions are closely related.

(2) The review period starts over if the employer determines the positions are not closely related.

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NEW SECTION
WAC 357-58-325   When may a probationary or trial service period be served concurrently with the WMS review period?   An employee who is appointed to a WMS position from a WGS position in the same agency while serving a probationary or trial service period in the same or similar occupational field may serve the trial service or probationary period concurrently with the review period. At the discretion of the employer, the employee may attain permanent status in the previous job classification once the original probationary or trial service period concludes.

The new employer may allow for some or all of the time served in the review period for the prior position to count towards the review period. The employee will not attain permanent status in the original position in the former agency unless agreed to in writing by the employers in both agencies.

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NEW SECTION
WAC 357-58-330   What happens when a general service employee serving a probationary or trial service period is appointed to a WMS position in a different agency?   If agreed to in writing by the employers in both agencies, a WGS employee who is appointed to a WMS position while serving in a probationary or trial service period may serve the probationary or trial service period concurrently with the WMS review period. The employee will attain permanent status in the original WGS position upon completion of the probationary or trial service period.

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NEW SECTION
WAC 357-58-335   When a WMS employee is promoted in the same position as a result of additional new duties, is a review period required?   The agency may require a review period when the employee remains in the same position and receives a promotion as a result of additional new duties.

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NEW SECTION
WAC 357-58-340   When does reversion take place during a review period?   During the review period, the appointing authority may separate or revert the employee from the position with written notification of the effective date.

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NEW SECTION
WAC 357-58-345   When a permanent WMS employee does not complete the review period, what reversion rights does the employee have?   When a WMS permanent employee is appointed to a WMS position and reverted during the review period, the current employing agency at the time of reversion must place the employee in a vacant funded WMS position for which the employee is qualified, and that is comparable to the employee's position and salary prior to the last WMS appointment. If no vacant funded positions are available, the agency must place the employee in a WMS position for which the employee is qualified and which is similar to the employee's previous position and salary. If the reversion of the employee causes the total number of employees to exceed the total number of positions to be filled, the employer may implement a layoff.

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NEW SECTION
WAC 357-58-350   When a permanent WGS employee does not complete the review period for a WMS position, what reversion rights does the employee have?   When a permanent WGS employee is appointed to a WMS position and is reverted during the review period, the employee has reversion rights with the current employer at the time of reversion in accordance with WAC 357-19-115, 357-19-117, and 357-19-120.

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NEW SECTION
WAC 357-58-355   Can an employee voluntarily revert during a review period?   Within the first 30 calendar days of any review period, an employee may request to voluntarily revert to his/her former agency. If the former agency authorizes the reversion, the agency must place the employee in a vacant funded WMS position for which the employee is qualified, and that is comparable to the employee's position and salary prior to the last WMS appointment.

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NEW SECTION
WAC 357-58-360   May a reverted employee and an agency come to mutual agreement on reversion placement?   Nothing in this section precludes agencies and the reverted employee from reaching mutual agreement on placement of a reverted employee within the WMS or within the WGS if permitted by the respective rules.

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NEW SECTION
WAC 357-58-365   Does a WMS employee who does not have permanent status in the classified service have reversion rights?   A WMS employee who is separated prior to completing the review period and has not gained permanent status in the classified service has no reversion rights.

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NEW SECTION
WAC 357-58-370   Are there any appeal rights for reversion or separation during the review period?   Employees may not appeal reversion or separation during the review period.

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NEW SECTION
WAC 357-58-375   When permanent WMS employees promote or demote to positions in the general service and fail to complete the trial service period what reversion rights do permanent WMS employees?   (1) When a WMS permanent employee promotes to a WGS position within the same agency and is reverted during the trial service, the agency must place the employee in a vacant funded WMS position for which the employee is qualified, and that is comparable to the employee's position and salary prior to the WGS appointment. If no vacant funded positions are available, the agency must place the employee in a WMS position for which the employee is qualified and which is similar to the employee's previous position and salary. If the reversion of the employee causes the total number of employees to exceed the total number of positions to be filled, the employer may implement a layoff.

(2) When a WMS permanent employee demotes to a WGS position in the same agency and is reverted during the trial service period the agency must place the employee in a vacant funded WMS position for which the employee is qualified and with a salary that is equal to or less than the salary range maximum of the class from which the employee is reverting. If the reversion of the employee causes the total number of employees to exceed the total number of positions to be filled, the employer may implement a layoff.

(3) When a WMS permanent employee promotes or demotes to a WGS position in a different agency and is reverted during the trial service period, the employer may separate the employee by providing fifteen (15) calendar days' written notice. The employee may apply for the general government transition pool.

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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 357-58-385   What is the responsibility of general government employers to provide training and development to WMS employees?   In addition to those responsibilities identified in chapter 357-34 WAC, general government employers must provide WMS development and training opportunities specifically designed to refine and broaden managerial knowledge and leadership competencies. Diversity, performance management, and education for managing employees in a civil service system must be part of this training. WMS employees must complete the core curriculum on leadership competencies as determined by the department of personnel within eighteen (18) months of being appointed to a WMS position.

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NEW SECTION
WAC 357-58-390   What is the responsibility of WMS managers?   In addition to those responsibilities identified in chapter 357-34 WAC, WMS employees are responsible for seeking out and fully participating in opportunities to enhance their managerial knowledge and leadership competencies to implement and emphasize performance management, model efficient leadership in changing work situations, reduce potential liability claims and manage in a civil service environment.

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NEW SECTION
WAC 357-58-395   What will be the role of the department of personnel?   The department of personnel shall assist state agencies by providing a quality developmental and leadership training program and consultative and technical assistance to help agencies address the development needs of their managers.

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NEW SECTION
WAC 357-58-400   How does each agency deal with developmental needs of managers?   Each agency must ensure that the development needs of managers are incorporated into the agency's development and training plan. Each agency is responsible for periodic evaluations of its plan.

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Washington State Code Reviser's Office