PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 356-56-210 Movement between Washington management service and Washington general service positions and 356-56-220 Review period -- Attaining permanent status.
Purpose: These modifications address the movement and return rights of permanent WMS employees who move within the general service and to extend review periods for certain absences.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Summary: These modifications address the movement and return rights of permanent WMS employees who move within the general service. WAC 356-56-220, this modification also allows agencies to extend the review period by the number of work hours in excess of one hundred seventy-four hours that an employee is on sick leave, leave used in lieu of sick leave and leave without pay. Additional clarifying language has been added to define an employee's status when moving during a review period.
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.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: These rules define when a person achieves permanent status in the Washington management service and return rights for employees who voluntarily or involuntarily leave a Washington general service temporary, project or trial service appointment. This language will give the employee and agencies direction on status and rights.
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 related 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 December 28, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Department of Personnel, TDD (360) 753-4107, or (360) 586-8260.
Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by December 21, 2000.
Date of Intended Adoption: December 28, 2000.
November 22, 2000
Dennis Karras
(1) Employees who have attained permanent status, or who have completed six months of the review period in the Washington management service are eligible to compete under promotional recruitments for Washington general service positions.
(2) Permanent employees may transfer from the Washington management service to Washington general service positions if their salary is within the salary range of the Washington general service position.
(3) Permanent employees may transfer from Washington general service to Washington management service positions if their salary is within the management band of the Washington management service position.
(4) Permanent employees may voluntarily demote between Washington management service and Washington general service positions at a lower pay level than their current permanent position.
(5) Permanent WMS employees may accept temporary employment in the general service as provided in WAC 356-30-067. Upon termination of such temporary appointment, the employee shall have the right to resume the same or similar permanent Washington management service position within their permanent agency, at their former status.
(6) Permanent WMS employees may accept project employment in the general service as provided in WAC 356-30-145. Upon reduction in force from the project, or at the request of the employee, the employee will have reduction in force rights of the permanent Washington management service position they left. Employees who entered the project through the competitive process and remain in project status for two years shall be eligible to have their names placed on the agency reduction in force register for the general service classes in which permanent project status was attained.
(7) Permanent employees who promote or voluntarily demote from the Washington management service to the Washington general service and who are either voluntarily or involuntarily reverted during the trial service period may have reversion rights or may be placed in the reduction-in-force transition pool as provided in WAC 356-30-320 and 356-30-331.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-12-055, § 356-56-210, filed 5/27/94, effective 7/1/94; 94-01-126, § 356-56-210, filed 12/17/93, effective 1/18/94.]
(1) The review period for an appointee to a position within the Washington management service is a period of time to allow the employer to ensure the appointee meets the performance and other requirements of the position.
(2) Based on the nature of the job and the skills of the appointee, the review period will be between twelve and eighteen months as determined by the appointing authority. The appointing authority will inform the appointee in writing at the time of appointment of the length of the review period.
(3) Appointees from outside state service and promotional appointees will attain permanent status in the position upon successful completion of the review period.
(4) An appointing authority may require an employee who transfers or voluntarily demotes to serve a review period. The employer may extend the review period by the number of work hours in excess of 174 hours that the employee is on sick leave, leave used in lieu of sick leave, and leave without pay. The granting of leave shall be in compliance with Chapter 356-18 WAC and the Fair Labor Standards Act.
(5) An employee who is promoted to a different Washington management service position in the same agency during the review period, will begin a new review period for the new position. The employee will concurrently serve both the original and the new review period and will attain permanent status as a state employee in the original position when the original review period elapses.
(6) An employee who is promoted to a different Washington management service position in a different agency during the review period will begin a new review period for the new position. The employee will not attain permanent status in the original position in the former agency unless agreed to in writing by the appointing authorities in both agencies.
(((6)))(7) An employee who is appointed to a Washington
management service position from a Washington general service
position in the same agency while serving a probationary or trial
service period in the same or similar occupational field will
serve the trial service or probationary period concurrently with
the review period. The employee will attain permanent status in
the previous job classification once the original probationary or
trial service period elapses.
(8) An employee who is appointed to a Washington management service position from a Washington general service position in a different agency while serving in a probationary or trial service period will not attain permanent status in the original position in the former agency unless agreed to in writing by the appointing authorities in both agencies.
(((7)))(9) The agency may require a review period when the
employee remains in the same position and receives a promotion.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-12-055, § 356-56-220, filed 5/27/94, effective 7/1/94; 94-01-126, § 356-56-220, filed 12/17/93, effective 1/18/94.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.