WSR 10-23-043

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed November 10, 2010, 9:24 a.m. , effective December 13, 2010 ]


     Effective Date of Rule: December 13, 2010.

     Purpose: In December 2009 Eva Santos, director, department of personnel (DOP), brought together a team of human resource professionals from twelve state agencies and charged them with developing and recommending a uniform, enterprise-wide process for the inclusion and band placement of WMS positions. The ultimate goal is to improve accountability, transparency, and consistency of the WMS as a whole.

     The team began its work in December 2009 and sent their final recommendations which included draft rules to DOP in February 2010. DOP staff used the team's recommended draft rules as a starting point. We discussed the first draft at the September 15, 2010, rules meeting and had an open comment period through September 30, 2010. Changes were made based on comments received.

     Citation of Existing Rules Affected by this Order: Repealing WAC 357-58-545 and 357-58-030.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 10-20-173 on October 6, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 0, Repealed 2.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 0, Repealed 2.

     Date Adopted: November 10, 2010.

Eva N. Santos

Director


NEW SECTION
WAC 357-58-027   Must agencies maintain position descriptions for each WMS position?   Agencies must maintain a current position description for each WMS position.

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NEW SECTION
WAC 357-58-028   Must a standard form be used to describe each WMS position?   A standard form developed by the director, or an alternate form approved by the director, must be used for each WMS position description.

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NEW SECTION
WAC 357-58-032   What is the requirement for agencies to develop procedures which address determining inclusion in WMS and evaluating positions for placement within the management bands?   (1) Each agency must develop a WMS inclusion and evaluation procedure consistent with this chapter and guidelines established by the department.

     (2) The inclusion and evaluation procedure must be approved by the director.

     (3) The procedure must include processes for requesting and determining inclusion and evaluating and re-evaluating positions for placement within management bands. The procedure must require, at a minimum:

     (a) Appointment of a human resource professional as the agency's WMS coordinator who serves as the single point of contact for the department regarding WMS issues.

     (b) Use of a form prescribed by the director or an alternate form approved by the director for requests to establish or re-evaluate WMS positions.

     (c) Approval of the request for inclusion or evaluation by the position's agency head or designee.

     (d) Inclusion determination and position evaluation must be performed by a committee of three or more people, which must include:

     i. The agency's WMS coordinator;

     ii. A manager from the agency who has comprehensive knowledge of the agency's business; and

     iii. A management representative from another agency or human resource professional from another agency.

     (e) Only those who have successfully completed training may participate on a WMS committee. The training must satisfy the core curriculum as defined by the department.

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NEW SECTION
WAC 357-58-565   What mechanism must be used to report WMS inclusion and evaluation activities?   (1) Agencies must submit their WMS activity reports to the department and make them available as prescribed by the department.

     (2) A roll-up of all agencies' WMS activities will be made available to agencies.

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NEW SECTION
WAC 357-58-546   What is the department's authority to review actions taken by an agency under chapter 357-58 or to audit an agency's WMS processes?   (1) Under the authority of RCW 41.06.130 and 41.06.500, the director of the department of personnel retains the right to review:

     (a) Any action taken by an agency under chapter 357-58 WAC; and

     (b) An agency's administration of the WMS program.

     (2) An agency's compliance with WMS procedures and rules will be audited. Audit requirements will be prescribed by the department.

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     Reviser's note: The unnecessary underscoring 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.
REPEALER
     The following chapters of the Washington Administrative Code are repealed:
WAC 357-58-545 Does the director of the department of personnel have the rights to review an agency's administration of WMS?
WAC 357-58-030 Who determines if a position is included in the WMS?

     Reviser's note: The repealer section above appears as filed by the agency pursuant to RCW 34.08.040; however, the reference to chapters is probably intended to be sections.

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