WSR 05-16-068

EMERGENCY RULES

DEPARTMENT OF PERSONNEL


[ Filed July 29, 2005, 4:57 p.m. , effective July 29, 2005 ]


Purpose: WAC 357-58-465 specifies the layoff options available to a permanent employee being laid off from a WMS position.

Citation of Existing Rules Affected by this Order: Amending WAC 357-58-465.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The amendment to WAC 357-58-465 clarifies that a permanent employee being laid off from a WMS position may have an option to a position in a WGS classification if the employee held status in a WGS classification. The determination of which position the employee may have an option to is determined by WAC 357-46-035(1). This amendment is necessary to insure that permanent employees being laid off from WMS positions are provided layoff options appropriately.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 29, 2005.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-12-071, filed 5/27/05, effective 7/1/05)

WAC 357-58-465   What option does a permanent ((WMS)) employee in a WMS position have to take a position when the employee is scheduled for layoff?   (1) Within the layoff unit, a permanent ((WMS)) employee scheduled for layoff from a WMS position must be offered the option to take a position, if available, that meets the following criteria:

(a) The employee has the required competencies for the position.

(b) The WMS position is at the same salary standard and/or evaluation points. If no option to a position with the same salary standard and/or evaluation points is available, the employer must consider other WMS positions with a lower salary standard and/or evaluation points, or general service positions in accordance with WAC 357-46-035(1) ((classes in which)) if the employee has held permanent status in a WGS classification, in descending salary order. At the agency's discretion, the employee may be offered a vacant position at higher evaluation points.

(2) The position is funded and vacant, or if no vacant position is available, the position is occupied by the employee with the lowest retention rating. If a permanent employee has no option available under subsection (1) of this section, the employer must determine if there is an acting position in the layoff unit for which the employee is qualified.

[Statutory Authority: Chapter 41.06 RCW. 05-12-071, 357-58-465, filed 5/27/05, effective 7/1/05.]

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.

Washington State Code Reviser's Office