WSR 05-18-074

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed September 7, 2005, 9:30 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 357-58-215 May a permanent WMS employee voluntarily demote to a WGS position?, 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?, 357-58-260 What happens to employees in project WMS positions at the conclusion of the project?, 357-58-345 When a permanent WMS employee does not complete the review period, what reversion rights does the employee have?, 357-58-355 Can an employee voluntarily revert during a review period?, 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?, 357-58-440 How may an employer lay off WMS employees and what notice is required?, 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?, and 357-58-505 Does a WMS employee have appeal rights?

Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on October 13, 2005, at 10:00 a.m.

Date of Intended Adoption: October 13, 2005.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694 (FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT"), by October 7, 2005.

Assistance for Persons with Disabilities: Contact Department of Personnel by October 7, 2005, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These modifications are to clarify and create consistency in the use of the phrase "permanent WMS employee."

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: The phrase "permanent WMS employee" is intended to describe an employee who has gained permanent status in the Washington Management Service (WMS). These modifications will create consistency.

Name of Proponent: Department of Personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Sandi Stewart, 521 Capitol Way South, Olympia, WA, (360) 664-6324; 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.

September 6, 2005

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-12-069, filed 5/27/05, effective 7/1/05)

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.

[Statutory Authority: Chapter 41.06 RCW. 05-12-069, 357-58-215, filed 5/27/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-12-069, filed 5/27/05, effective 7/1/05)

WAC 357-58-230   May a permanent 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.

[Statutory Authority: Chapter 41.06 RCW. 05-12-069, 357-58-230, filed 5/27/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-12-070, filed 5/27/05, effective 7/1/05)

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

[Statutory Authority: Chapter 41.06 RCW. 05-12-070, 357-58-260, filed 5/27/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-12-070, filed 5/27/05, effective 7/1/05)

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 WMS 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.

[Statutory Authority: Chapter 41.06 RCW. 05-12-070, 357-58-345, filed 5/27/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-12-070, filed 5/27/05, effective 7/1/05)

WAC 357-58-355   Can a((n)) permanent employee voluntarily revert during a review period?   Within the first thirty calendar days of any review period, a((n)) permanent employee may request to voluntarily revert to his/her former ((agency)) employer. If the former ((agency)) employer 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.)) following applies:

(1) If the employee holds permanent status in WMS, the employer 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.

(2) If the employee holds permanent status in WGS and has not yet gained permanent status in WMS, the employee has reversion rights in accordance with WAC 357-19-115, 357-19-117, and 357-19-120.

[Statutory Authority: Chapter 41.06 RCW. 05-12-070, 357-58-355, filed 5/27/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-12-070, filed 5/27/05, effective 7/1/05)

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 WMS 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 WMS 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 WMS 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 calendar days' written notice. The employee may apply for the general government transition pool.

[Statutory Authority: Chapter 41.06 RCW. 05-12-070, 357-58-375, 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.
AMENDATORY SECTION(Amending WSR 05-12-071, filed 5/27/05, effective 7/1/05)

WAC 357-58-440   How may an employer lay off WMS employees and what notice is required?   WMS employees may be separated without prejudice due to layoff in accordance with the statutes and the agency's layoff procedure.

Permanent ((WMS)) employees must receive at least fifteen calendar days' written notice of layoff, except when the employer and employee agree to waive the fifteen-day notice. Notice of layoff must include the reason or basis for layoff and the employee's right to appeal the layoff.

WMS employees without permanent status must receive at least one calendar day's written notice of layoff.

[Statutory Authority: Chapter 41.06 RCW. 05-12-071, 357-58-440, filed 5/27/05, effective 7/1/05.]


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 ((classes in which)) accordance with WAC 357-46-035(1) in descending salary order if the employee has held permanent status((,)) in ((descending salary order)) a WGS classification. At the agency's discretion, the employee may be offered a vacant position at higher evaluation points.

(c) The position being offered as the option is funded and vacant. If no vacant position is available, the position being offered as the option must be occupied by the employee with the lowest retention rating.

(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.
AMENDATORY SECTION(Amending WSR 05-12-072, filed 5/27/05, effective 7/1/05)

WAC 357-58-505   Does a WMS employee have appeal rights?   Any permanent ((WMS)) employee in a WMS position 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.

[Statutory Authority: Chapter 41.06 RCW. 05-12-072, 357-58-505, filed 5/27/05, effective 7/1/05.]

Washington State Code Reviser's Office