WSR 06-24-093

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed December 5, 2006, 10:42 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-28-026 For what reasons may the director adopt special pay ranges and/or compensation practices for institutions of higher education and related boards?, 357-28-027 How long will higher education special pay ranges remain in effect?, 357-28-028 By whom and for what reasons may a higher education special pay request be submitted to the director?, and 357-28-029 When making a special pay request for higher education, what information must the requesting party provide department of personnel staff?

Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on January 11, 2007, at 8:30 a.m.

Date of Intended Adoption: January 11, 2007.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by January 5, 2007. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact Department of Personnel by January 5, 2007, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed new sections will ensure system-wide consistency for special pay salary ranges for higher education institutions. This proposal will not change the intent and purpose of special pay.

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: No change to the intent of special pay is proposed.

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.

December 4, 2006

Eva N. Santos

Director


NEW SECTION
WAC 357-28-026   For what reasons may the director adopt special pay ranges and/or compensation practices for institutions of higher education and related boards?   The director may adopt special pay ranges and/or compensation practices which are locally competitive to alleviate recruitment and/or retention problems, to maintain effective operations of an institution, or to address other unique working conditions.

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NEW SECTION
WAC 357-28-027   How long will higher education special pay ranges remain in effect?   Except when the director specifies otherwise, special pay ranges will remain in effect until the system-wide pay range for the class equals or exceeds the special pay range.

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NEW SECTION
WAC 357-28-028   By whom and for what reasons may a higher education special pay request be submitted to the director?   A special pay request may be submitted by institutions of higher education and related boards:

(1) When a unique configuration of work requires skills, duties, or working conditions beyond those typically required of comparable positions;

(2) To alleviate employment problems such as recruitment and/or retention;

(3) When failure to grant special pay could result in recruitment and/or retention problems which would seriously jeopardize the effective operation of the institution; or

(4) To prevent salary inversion or compression problems with other classes in the same or related series which have been granted special pay.

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NEW SECTION
WAC 357-28-029   When making a special pay request for higher education, what information must the requesting party provide department of personnel staff?   It is the responsibility of the requesting party to provide department of personnel staff with information necessary to make recommendation to the director. Information to be provided must include:

(1) Data supporting the pay practice in the locality of the institution for which the request is being made; and

(2) Rationale supporting the request; and

(3) When applicable, data showing recruitment/retention difficulty.

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Washington State Code Reviser's Office