WSR 00-06-047



[ Filed February 28, 2000, 9:21 a.m. ]

Original Notice.

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

Title of Rule: WAC 356-30-331 Reduction in force -- Transition pool program.

Purpose: This rule pertains to Reduction in force -- Transition pool program.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: This modification will allow the Reduction in force -- Transition pool program, to become a permanent program in the Department of Personnel.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.

Name of Proponent: Department of Personnel, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: In 1993, the board adopted a reduction in force transition pool (RTP) resolution to provide a transition process to minimize the effect of staff reductions on state employees while meeting state agencies' need to fill vacant positions. Frequently since 1993, the resolution has been extended. In consulting with state agencies, employee organization representatives, and other interested parties, it is apparent that there is a permanent need for the RTP.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules relate to internal government operations that are not subject to violation by a nongovernmental party. Therefore, pursuant to RCW 34.05.328 [(5)](b)(ii), section 201 does not apply.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on May 11, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by May 4, 2000, TDD (360) 753-4107, or (360) 664-6280.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by May 9, 2000.

Date of Intended Adoption: May 11, 2000.

February 28, 2000

Dennis Karras


AMENDATORY SECTION(Amending WSR 93-16-022, filed 7/23/93, effective 8/23/93)

WAC 356-30-331
Reduction in force -- Transition pool program.

((The director of personnel or designee may waive the appropriate rules to implement the reduction in force transition pool resolution adopted by the board on July 8, 1993.)) The department of personnel is responsible for administering the reduction in force transition pool program. The director shall develop and implement appropriate operating procedures to facilitate this program.

(1) To administer the program, the director or designee may waive provisions of Title 356 WAC that:

(a) Require employees seeking transfer and voluntary demotion in lieu of reduction in force to meet approved minimum qualifications;

(b) Authorize only the director to waive minimum qualifications;

(c) Allow qualifying examinations for transfers or voluntary demotions; and

(d) Limit the conversion of temporary employees to probationary status.

(2) The program applies to:

(a) All permanent employees separated by reduction in force or notified by the agency personnel representative that they are at risk of reduction in force; and

(b) Return to work employees in those agencies that are participating in the return to work pilot program.

(3) Agencies, including those agencies with local list authority, shall adhere to the operating procedures established by the director.

(4) Employees participating in the reduction in force transition pool program shall have no right of appeal within this program.

[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 93-16-022, 356-30-331, filed 7/23/93, effective 8/23/93.]

Washington State Code Reviser's Office