WSR 07-08-033

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed March 27, 2007, 3:02 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-28-125 How is an employee's base salary affected when the employee's position is allocated to a new class as a result of the director taking action to implement the new classification plan as required by RCW 41.06.136? and 357-28-130 How is an employee's base salary determined if the director creates, abolishes, or revises a class after the initial implementation of the classification plan?

Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on May 10, 2007, at 8:30 a.m.

Date of Intended Adoption: May 10, 2007.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694 by May 4, 2007, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by May 4, 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 change to WAC 357-28-125 will result in an employee's salary being adjusted to the same step in the new range as held in the previous range (unless otherwise determined by the director) when an employee's position is reallocated to a new class as a result of the director taking action to implement the new classification plan.

The proposed change to WAC 357-28-130 states that when reallocation to a class with a higher salary range is necessary because the director creates, abolishes, or revises a class after the initial implementation of the classification plan, the employee must have his/her base salary adjusted to the same step in the new range as held in the previous range unless otherwise determined by the director.

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.

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.

March 27, 2007

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)

WAC 357-28-125   How is an employee's base salary affected when the employee's position is allocated to a new class as a result of the director taking action to implement the new classification plan as required by ((RCW 41.06.136)) WAC 357-10-010(1)?   When an employee's position is reallocated to a new class as a result of the director taking action to implement the new classification plan as required by ((RCW 41.06.136)) WAC 357-10-010(1), the ((employee retains his/her previous base salary and periodic increment date upon reallocation unless the employee's previous base salary is less than the minimum step of the salary range assigned to the new class. In that case, the employee's base salary is the minimum step of the salary range assigned the new class and the periodic increment date is six months from the effective date of reallocation)) employee's salary will be adjusted to the same step in the new range as held in the previous range unless otherwise determined by the director.

[Statutory Authority: Chapter 41.06 RCW. 05-01-205, 357-28-125, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-01-205, filed 12/21/04, effective 7/1/05)

WAC 357-28-130   How is an employee's base salary determined if the director creates, abolishes, or revises a class after the initial implementation of the classification plan?   When reallocation is necessary because the director creates, abolishes, or revises a class after the initial implementation of the classification plan, an employee's base salary is determined as follows:

(1) An employee occupying a position reallocated to a class with the same or lower salary range must be paid an amount equal to his/her previous base salary.

(2) An employee occupying a position reallocated to a class with a higher salary range must have his/her base salary ((set in accordance with the salary provisions established by the director)) adjusted to the same step in the new range as held in the previous range unless otherwise determined by the director.

[Statutory Authority: Chapter 41.06 RCW. 05-01-205, 357-28-130, filed 12/21/04, effective 7/1/05.]

Washington State Code Reviser's Office