WSR 07-14-120

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed July 3, 2007, 11:59 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-13-025 What criteria must be met in order for the director to adopt revisions or salary adjustments to the classification plan?

Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on August 16, 2007, at 8:30 a.m.

Date of Intended Adoption: August 16, 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 August 10, 2007. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by August 10, 2007, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal amends WAC 357-13-025 to reflect the statutory language in RCW 41.06.152 and to better address agency requests for revisions or salary adjustments to the classification plan in accordance with HB 1671 which passed during the 2007 legislative session.

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: This amendment is necessary to implement HB 1671 which passed during the 2007 legislative session.

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 28, 2007

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-01-201, filed 12/21/04, effective 7/1/05)

WAC 357-13-025   What criteria must be met in order for the director to adopt revisions or salary adjustments to the classification plan?   (1) The following three criteria must be met for the director to adopt revisions or salary adjustments to the classification plan:

(a) Implementation of the proposed revision or salary adjustment will result in net cost savings, increased efficiencies, or improved management of personnel or services;

(b) The office of financial management has reviewed the fiscal impact statement of the affected employer and concurs that the biennial cost of the revision or salary adjustment is absorbable within the employer's current authorized level of funding for the current fiscal biennium and subsequent fiscal biennia; and

(c) The revision or salary adjustment is due to one of the following causes, as defined by the director in the classification and pay guidelines:

((d) Documented recruitment or retention difficulties.))

(i) Documented recruitment or retention difficulties;

(((i))) (ii) Salary compression or inversion;

(iii) Classification plan maintenance;

(((ii))) (iv) ((Increased)) Higher level duties and responsibilities; or

(v) Inequities.

(((iii) Salary inequities caused by similar work assigned to different job classes with a salary disparity greater than 7.5%.))

(2) The provisions of subsection (1)(b) and (1)(c) of this section do not apply to the higher education hospital special pay plan or to any adjustments to the classification plan that are due to emergency conditions requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare.

[Statutory Authority: Chapter 41.06 RCW. 05-01-201, 357-13-025, filed 12/21/04, effective 7/1/05.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office