WSR 06-12-102

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed June 7, 2006, 8:23 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-37-080 Can an employee request the director to review the performance evaluation process or procedure used for the employee's evaluation?

Hearing Location(s): Department of Personnel, Hearings Room, 2828 Capitol Boulevard, Olympia, WA 98504, on July 13, 2006, at 8:30 a.m.

Date of Intended Adoption: July 13, 2006.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by July 7, 2006. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact Department of Personnel by July 7, 2006, 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 is a result of confusion between review rights for Washington general service (WGS) employees and Washington management service (WMS) employees.

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: These changes are necessary because the current rules do not specify the differences between the review rights for the performance evaluation process between WGS and WMS employees.

Name of Proponent: Department of personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; 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.

June 6, 2006

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-01-194, filed 12/21/04, effective 7/1/05)

WAC 357-37-080   Can an employee request the director to review the performance evaluation process or procedure used for the employee's evaluation?   (1) As provided in WAC 357-49-010, and within thirty days of receipt of a completed and signed performance evaluation or the results of an employer review as provided in WAC 357-37-075, a((n)) WGS employee may request a director's review of alleged irregularities in the use of the approved performance evaluation form and/or procedures outlined in the civil service rules. The content of an evaluation is not subject to review.

(2) A WMS employee may request an internal agency review of alleged irregularities in the use of the approved performance evaluation form and/or procedures outlined in the civil service rules in accordance with the agency's WMS performance management procedures. The content of an evaluation is not subject to review.

[Statutory Authority: Chapter 41.06 RCW. 05-01-194, 357-37-080, filed 12/21/04, effective 7/1/05.]

Washington State Code Reviser's Office