WSR 04-13-180

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed June 23, 2004, 11:31 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: New sections WAC 357-04-005 What is the purpose of the civil service rules?, 357-04-010 Who is covered by the civil service rules?, 357-04-015 Who is not covered by civil service rules?, 357-04-020 May the director exempt other positions from civil service?, 357-04-025 What rights does a classified employee have when the position he/she holds is exempted from the civil service rules?, 357-04-030 What right does an employee have to return to the classified service from exempt service?, 357-04-060 For which exempt positions does the director establish the salary?, 357-04-070 What are the powers and duties of the director?, 357-04-075 Must higher education employers designate a personnel officer?, 357-04-080 What are the duties of personnel officers for higher education employers?, 357-04-085 What role does the state board for community and technical colleges have?, 357-04-090 May authority be delegated?, 357-04-095 How does the federal Fair Labor Standards Act and the Washington state minimum wage act relate to the Washington state civil service rules?, 357-04-100 How does the federal Americans with Disabilities Act of 1990 and other laws about persons with disabilities relate to the Washington state civil service rules?, 357-04-105 When the civil service rules require an applicant, candidate, employee, or employer to receive notice, how must notice be provided?, 357-04-110 How is time computed under the civil service rules?, 357-04-115 What happens if any part of these rules is held invalid? (severability), and 357-04-120 What happens to previous merit system and civil service rules and actions initiated under them? (repeals -- savings).

     Hearing Location(s): Department of Personnel, 521 Capitol Way South, Olympia, WA, on July 29, 2004, at 10:00 a.m.

     Date of Intended Adoption: July 29, 2004.

     Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by July 23, 2004.

     Assistance for Persons with Disabilities: Contact Department of Personnel by July 23, 2004, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules establish the general provisions for Title 357 WAC.

     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.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the Department of Personnel has rule-making authority regarding the general provisions. The proposed rules implement this provision of the Personnel System Reform Act.

     Name of Proponent: Department of Personnel, governmental.

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

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

     A cost-benefit analysis is not required under RCW 34.05.328.

June 23, 2004

E. C. Matt

Director


NEW SECTION
WAC 357-04-005   What is the purpose of the civil service rules?   Title 357 WAC, referred to as the civil service rules, establishes a system of personnel administration for general government and higher education employers and employees.

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NEW SECTION
WAC 357-04-010   Who is covered by the civil service rules?   The provisions of the civil service rules apply to all employees and employers under the jurisdiction of chapter 41.06 RCW except those positions or employees exempted under the provisions of WAC 357-04-015, 357-04-020, 357-04-035, 357-04-040, 357-04-045, 357-04-050 and 357-04-055. Employee business unit members as defined in WAC 357-43-001 are only covered by chapter 357-43 WAC of the civil service rules.

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NEW SECTION
WAC 357-04-015   Who is not covered by civil service rules?   The civil service rules do not apply to positions specifically exempted in individual agency statutes, chapter 41.06 RCW, and to the following:

     (1) Washington state patrol trooper cadets in training for commissioning as troopers in the Washington state patrol;

     (2) The executive director, his/her confidential secretary, assistant directors, and professional education employees of the state board for community and technical colleges; and

     (3) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board in WAC 357-04-040, 357-04-045, 357-04-050, and 357-04-055.

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NEW SECTION
WAC 357-04-020   May the director exempt other positions from civil service?   The director may provide for further exemptions for general government positions involving substantial responsibility for formulating basic agency or executive policy or involving directing and controlling program operations of an agency or a major administrative division of an agency in accordance with the provisions and procedures of RCW 41.06.070(3).

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NEW SECTION
WAC 357-04-025   What rights does a classified employee have when the position he/she holds is exempted from the civil service rules?   As required by RCW 41.06.070(3) and RCW 41.06.170, an employee holding a classified position has the following rights if the position is exempted from the application of the civil service rules:

     (1) If the employee previously held permanent status in another classified position, the employee has the right to return to the highest class of position previously held, or to a position of similar nature and salary in accordance with WAC 357-19-220.

     (2) The employee may appeal the exemption of the position in accordance with chapter 357-52 WAC.

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NEW SECTION
WAC 357-04-030   What right does an employee have to return to the classified service from exempt service?   As required by RCW 41.06.070(3), any employee having permanent status in a classified position who accepts an appointment in an exempt position has the right to return to classified service in accordance with WAC 357-19-195. As long as the employee was not terminated from the exempt position for gross misconduct or malfeasance, the employee has the right to return to the highest class of position in which he/she previously held permanent status or to a position of similar nature and salary.

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NEW SECTION
WAC 357-04-060   For which exempt positions does the director establish the salary?   (1) The director must determine the salary and fringe benefits of all positions presently or hereafter exempted except for the following:

     (a) Chief executive officer of each agency;

     (b) Full-time members of boards and commissions;

     (c) Administrative assistants and confidential secretaries in the immediate office of an elected state official; and

     (d) Personnel listed in RCW 41.06.070 (1)(j) through (u), RCW 41.06.070 (1)(x) and RCW 41.06.070(2).

     (2) Actions taken to establish or revise exempt salaries must meet the provisions outlined in RCW 41.06.152.

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NEW SECTION
WAC 357-04-070   What are the powers and duties of the director?   (1) The director of personnel is appointed by the governor under the provisions of RCW 41.06.130.

     (2) The director directs and supervises all the department of personnel's administrative and technical activities in accordance with the provisions of chapter 41.06 RCW and the civil service rules. The director is responsible for:

     (a) Adopting rules consistent with the purposes and provisions of the state civil service law and the best standards of personnel administration.

     (b) Auditing and reviewing the personnel administration and management at each agency, institution of higher education, and related higher education board periodically and at other such times as may be necessary.

     (c) Adopting and revising as necessary a comprehensive classification plan for all positions in the classified service. In adopting the revisions, the director must comply with RCW 41.06.152, 41.06.150(4), and chapter 43.88 RCW.

     (d) Adopting and revising as necessary a state salary schedule in accordance with RCW 41.06.133(10).

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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.
NEW SECTION
WAC 357-04-075   Must higher education employers designate a personnel officer?   Each higher education institution and higher education related board must designate an officer to perform duties as personnel officer as provided in RCW 41.06.510.

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NEW SECTION
WAC 357-04-080   What are the duties of personnel officers for higher education employers?   The personnel officer directs, supervises, and manages administrative and technical personnel activities for the classified service consistent with policies established by the higher education institution or related board, chapter 41.06 RCW, and the civil service rules.

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NEW SECTION
WAC 357-04-085   What role does the state board for community and technical colleges have?   The state board for community and technical colleges has general supervision and control over activities undertaken by the various community and technical colleges.

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NEW SECTION
WAC 357-04-090   May authority be delegated?   (1) The head of an agency or the governing board of a higher education institution or related board may delegate the responsibilities and duties of an appointing authority including the authority to appoint, transfer, layoff, reduce, dismiss, suspend, or demote employees.

     (2) Authority may only be delegated to individuals in positions reporting directly to the head of the agency, deputy director, president of the institution, or vice president of the institution, or individuals who are the heads of the major divisions of the employer.

     (3) Delegation of authority must be in writing.

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NEW SECTION
WAC 357-04-095   How does the federal Fair Labor Standards Act and the Washington state minimum wage act relate to the Washington state civil service rules?   Employers must comply with the civil service rules unless doing so causes them to violate chapter 49.46 RCW or the federal Fair Labor Standards Act.

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NEW SECTION
WAC 357-04-100   How does the federal Americans with Disabilities Act of 1990 and other laws about persons with disabilities relate to the Washington state civil service rules?   Employers must comply with the civil service rules unless doing so would cause them to violate state laws, chapter 49.60 RCW, or the federal Americans with Disabilities Act of 1990.

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NEW SECTION
WAC 357-04-105   When the civil service rules require an applicant, candidate, employee, or employer to receive notice, how must notice be provided?   (1) Except as provided in chapter 357-52 WAC, when the civil service rules require an applicant, candidate, employee, or employer to receive notice, the notice must be provided by personal delivery, United States mail, or by telephone facsimile transmission with same-day mailing of copies unless the specific rule requiring notice allows for alternative methods of providing notice such as electronic mail ("e-mail"), state mail service, commercial parcel delivery or campus mail service.

     (2) Service of notice upon parties will be regarded as completed when personal delivery has been accomplished; or upon deposit in the United States mail, properly stamped and addressed; or upon production by telephone facsimile transmission of confirmation of transmission. When a specific rule allows alternative methods of service, service upon parties will be regarded as completed when it is actually received by the party to which notice is being provided.

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NEW SECTION
WAC 357-04-110   How is time computed under the civil service rules?   Whenever a period of time is mentioned in the civil service rules, that period must be computed by excluding the first day of the period and including the last day, unless a specific civil service rule states something different. If the last day is a Saturday, Sunday, or holiday, the time period ends on the next business day, unless that Saturday, Sunday, or holiday is a regularly scheduled work day for the employee to whom notice is being provided.

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NEW SECTION
WAC 357-04-115   What happens if any part of these rules is held invalid? (Severability)   If any provision of the civil service rules or the application thereof is held invalid, such invalidity does not affect other provisions or applications of the rules which can be given effect without the invalid provision or application, and to this end any section, sentence, or word is declared severable.

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NEW SECTION
WAC 357-04-120   What happens to previous merit system and civil service rules and actions initiated under them? (Repeals -- Savings)   All previous merit system and civil service rules and amendments are repealed. All actions in force under previous merit system and/or civil service rules will be honored. Unfinished actions that were initiated under previous merit system or civil service rules may be completed under those rules.

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