WSR 15-20-078 PROPOSED RULES OFFICE OF FINANCIAL MANAGEMENT [Filed October 2, 2015, 3:52 p.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 357-28-042 If the legislature approves a salary increase, will employees whose base salaries are set above the maximum of a salary range assigned to the position receive the salary increase?, 357-58-087 If the legislature approves a salary increase, will employees whose base salaries are set outside the maximum of the assigned management band receive the salary increase?, and 357-58-090 For what reasons can an agency adjust a WMS salary?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on November 12, 2015, at 8:30 a.m.
Date of Intended Adoption: November 12, 2015.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by November 5, 2015. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by November 5, 2015, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These new rules address what happens when the legislature approves a salary increase and there are both Washington general service and Washington management service employees who are above the maximum of the salary range or assigned band prior to the increase.
The proposed new rules clarify the longstanding interpretation that these employees will not receive the salary increase unless specifically stated otherwise in the appropriations act or the top step of the adjusted range or band exceeds the employee's current salary.
Reasons Supporting Proposal: The proposed new rules clarify the longstanding interpretation.
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: OFM, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 128 10th Avenue S.W., Olympia, WA 98501, (360) 407-4139.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.
October 2, 2015
Roselyn Marcus
Assistant Director of Legal
and Legislative Affairs
NEW SECTION
WAC 357-28-042 If the legislature approves a salary increase will employees whose base salaries are set above the maximum of a salary range assigned to the position receive the salary increase?
If the legislature approves a salary increase, employees whose base salaries are set above the maximum of a salary range will not receive the salary increase unless:
(1) The appropriations act specifically states that employees whose base salaries are set above the maximum of a salary range will receive the increase; or
(2) The top step of the adjusted range exceeds the employee's current salary.
NEW SECTION
WAC 357-58-087 If the legislature approves a salary increase, will employees whose base salaries are set outside the maximum of the assigned management band receive the salary increase?
If the legislature approves a salary increase, employees whose base salaries are set outside the maximum of the assigned management band will not receive the salary increase unless:
(1) The appropriations act specifically states that employees whose base salaries are set outside the maximum of the assigned management band will receive the increase; or
(2) The top of the adjusted band exceeds the employee's current salary.
AMENDATORY SECTION (Amending WSR 05-12-068, filed 5/27/05, effective 7/1/05)
WAC 357-58-090 For what reasons can an agency adjust a WMS salary?
Salary adjustments may be made under the following conditions:
(1) Legislatively directed general and/or special increase unless the employee is above the salary band maximum;
(2) Documented recruitment and/or retention problems as approved by the agency director or designee; ((and/or))
(3) Documented agency and/or state internal salary relationship problems, as approved by the agency director or designee.
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