WSR 23-20-079
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed September 29, 2023, 1:43 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 357-58-040 Which manager positions or managerial employees are excluded from WMS and not covered by chapter 357-58 WAC?
Hearing Location(s): On November 14, 2023, at 9:00 a.m., via Zoom meeting (with call-in option), ID 881 7165 8224, Call in 253-215-8782, Passcode 850872, Zoom link https://ofm-wa-gov.zoom.us/j/88171658224?pwd=T1R1aUF4K3hEOEtCLzBHZnBaamVnZz09.
Date of Intended Adoption: November 21, 2023.
Submit Written Comments to: Brandy Chinn, Office of Financial Management (OFM), Raad Building, 128 10th Avenue S.W., P.O. Box 47500, Olympia, WA 98504, email brandy.chinn@ofm.wa.gov, by November 7, 2023.
Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by November 7, 2023.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending WAC 357-58-040(1) to add the exemption reference to RCW
41.06.022 for clarification.
Reasons Supporting Proposal: 2SHB 1122 passed during the 2023 legislative session, chapter 136, Laws of 2023, with an effective date of January 1, 2024. This bill amends chapter
41.06 RCW, State civil service law, and chapter
41.80 RCW, State collective bargaining, to grant Washington management service (WMS) employees in certain salary bands the right to collectively bargain. WMS collective bargaining agreements may not take effect before July 1, 2025.
Statutory Authority for Adoption: 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: Brandy Chinn, 128 10th Avenue S.W., Olympia, WA 98501, 360-878-2901.
A school district fiscal impact statement is not required under RCW
28A.305.135.
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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
Scope of exemption for rule proposal:
Is fully exempt.
September 29, 2023
Nathan Sherrard
Assistant Legal Affairs Counsel
OTS-4892.1
AMENDATORY SECTION(Amending WSR 20-06-011, filed 2/20/20, effective 5/1/20)
WAC 357-58-040Which manager positions or managerial employees are excluded from WMS and not covered by chapter 357-58 WAC?
The following manager positions or managerial employees are excluded from WMS and not covered by chapter 357-58 WAC:
(1) Manager positions or managerial employees that are exempt from civil service
in accordance with RCW 41.06.022;
(2) Manager positions or managerial employees that are included in professional structures; and
(3) Manager positions or managerial employees of institutions of higher education and related boards.