WSR 05-12-072

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed May 27, 2005, 11:14 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 05-04-090 on February 2, 2005.

Changes Other than Editing from Proposed to Adopted Version: WAC 357-58-515, as a result of discussions with stakeholders it was determined that "informal review" be changed to "reconsideration."

WAC 357-58-520, as a result of discussions with stakeholders it was determined that "informal review" be changed to "reconsideration."

WAC 357-58-525, as a result of discussions with stakeholders it was determined that "action reviews" be changed to "reconsideration of agency action."

WAC 357-58-530, as a result of discussions with stakeholders it was determined that language and numbering be added to this section to clarify the responsibilities an agency has for records of reviews.

WAC 357-58-535, as a result of discussions with stakeholders it was determined that this WAC be abolished.

WAC 357-58-545, as a result of discussions with stakeholders it was determined that RCW 41.06.130 and 41.06.500 be included in this section. Also, the language was modified for clarification purposes.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 9, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 9, Amended 0, Repealed 0.

Date Adopted: March 10, 2005.

Eva N. Santos

Director


NEW SECTION
WAC 357-58-500   May an employee request withdrawal of his/her resignation?   An appointing authority or employing official may permit withdrawal of a resignation at any time prior to the effective date.

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NEW SECTION
WAC 357-58-505   Does a WMS employee have appeal rights?   Any permanent WMS employee who is laid off, dismissed, suspended, demoted, separated, whose position has been reassigned beyond a reasonable commute without agreeing to the reassignment, or whose base salary is reduced may appeal in accordance with chapter 357-52 WAC.

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NEW SECTION
WAC 357-58-510   Can the agency's decision regarding which WMS position to eliminate in a layoff action be appealed?   The agency's decision regarding which WMS position to eliminate in a layoff is not subject to appeal.

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NEW SECTION
WAC 357-58-515   When a WMS employee disagrees with an employer's action, can the employee request the employer reconsider the action that was taken?   Each agency will develop procedures to reconsider agency actions at the request of the employee. The agency's procedure must identify those actions for which an employee may request reconsideration. At a minimum, the agency's procedure must allow an employee to request reconsideration of the following:

(1) Salary adjustment (or lack thereof) when the responsibilities of the permanent employee's position have been changed.

(2) Placement following reversion of a permanent employee.

(3) Decisions about whether or not a position is included in the WMS. When reconsidering decisions concerning inclusion in WMS the following apply:

(a) The final agency-internal decision must be made by the agency director or designee.

(b) If the incumbent disagrees with the agency director/designee's decision, he/she may request a director's review by the director of the department of personnel, as long as such request is made within fifteen (15) calendar days of notification of the decision. Such review will be limited to relevant documents and information and will be final.

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NEW SECTION
WAC 357-58-520   What requirements must be included in the agency's WMS reconsideration procedures?   In developing and administering the agency's WMS reconsideration procedures, the agency will adhere to the following:

(1) Reconsideration must be limited to a maximum of three (3) levels of consideration within the agency.

(2) Reconsideration may be limited to an examination of documentation and other relevant information. Agency decisions should be prompt.

(3) Reconsideration of an agency action will be done by the agency director or designee.

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NEW SECTION
WAC 357-58-525   How does the employee request reconsideration of an agency action?   Employee requests for reconsideration of an agency action must be in writing and requested within fifteen (15) calendar days of the action or notification or awareness (whichever was first) of the action.

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NEW SECTION
WAC 357-58-530   What is the responsibility of agencies to track and analyze requests for reconsideration of agency actions?   Each agency must:

(1) Maintain a record of the number, nature, and outcome of employee requests for reconsideration of an agency action.

(2) Identify and act upon any patterns or trends that signal problems or development or training needs among its managers.

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NEW SECTION
WAC 357-58-540   What type of records are agencies required to keep and report for WMS employees?   Each agency will maintain records of employees in the WMS. The records will identify employees as members of the WMS, including position numbers and position titles and will track all personnel actions related to them. Agencies will be responsible for collecting statistical information on WMS personnel regarding diversity, applicant flow, and appointments following each selection.

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NEW SECTION
WAC 357-58-545   Does the director of the department of personnel have the rights to review an agency's administration of WMS?   Under the authority of RCW 41.06.130 and 41.06.500, the director of the department of personnel retains the right to review:


An agency's administration of the WMS program; and
Any action taken by an agency under chapter 357-58 WAC.

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Washington State Code Reviser's Office