Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-28-035 What must be addressed in the employer's salary determination policy?
Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on July 14, 2005, at 10:00 a.m.
Date of Intended Adoption: July 14, 2005.
Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by July 8, 2005. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact Department of Personnel by July 8, 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 that requires employers to address in their salary determination policy setting the base salary when an employee accepts a demotion in lieu of layoff.
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 compensation for state employees. The proposed modification 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.
May 31, 2005
Eva N. Santos
(1) Setting base salary for new employees;
(2) Increasing base salary in accordance with WAC 357-28-110 when an employee promotes to a position in a new class;
(3) Increasing base salary in accordance with WAC 357-28-110 when an employee promotes to a permanent position while in a nonpermanent appointment;
(4) Setting base salary in accordance with WAC 357-28-140 when an employee transfers to a new position;
(5) Setting base salary when an employee accepts a layoff option, accepts a demotion in lieu of layoff, is appointed from an internal or statewide layoff list, or is reallocated to a position with a lower range and the employee's previous base salary is not within the salary range of the new position;
(6) Setting base salary when an employee demotes for reasons other than accepting a demotion in lieu of layoff or accepting a demotion when a position is reallocated;
(7) Setting base salary when an employee is reverted following a voluntary demotion; and
(8) Authorizing premiums for recruitment and retention as provided in WAC 357-28-095 and 357-28-100.
[Statutory Authority: Chapter 41.06 RCW. 05-01-205, § 357-28-035, filed 12/21/04, effective 7/1/05.]