WSR 05-04-089PROPOSED RULES
DEPARTMENT OF PERSONNEL
[
Filed February 2, 2005,
8:08 a.m.
] Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-58-240 What are the notification requirements for
appointing an employee to a project WMS position?, 357-58-245
Must an employee appointed to a project position serve a
review period?, 357-58-250 Must an employee who transfers or
voluntarily demotes to a project WMS position serve a review
period? WAC 357-58-255 May a permanent WMS employee accept a
project appointment within WMS and does the employee have any
return rights to his/her permanent WMS position?, 357-58-260
What happens to employees in WMS project positions at the
conclusion of the project?, 357-58-265 When may an agency make
an acting WMS appointment and what actions are required?,
357-58-270 Does time in an acting appointment count as time in
the review period?, 357-58-275 May a permanent WMS employee
accept an acting WMS appointment and what are the employee's
return rights at the conclusion of the acting appointment?,
357-58-280 What is the review period?, 357-58-285 When must a
WMS employee serve a review period?, 357-58-290 How long does
the review period last?, 357-58-295 May a review period be
extended beyond the initial time period?, 357-58-300 Does the
employee's use of leave without pay or shared leave extend the
review period?, 357-58-305 When does a WMS employee attain
permanent status?, 357-58-310 When may a WMS employee who
transfers or voluntarily demotes be required to serve a WMS
review period?, 357-58-315 When may an employee, who is
promoted to another WMS position, in a different agency, while
serving a review period, be required to serve a WMS review
period?, 357-58-320 What happens when a WMS employee promotes
to a new WMS position within the same agency while serving in
a review period?, 357-58-325 When may a probationary or trial
service period be served concurrently with the WMS review
period?, 357-58-330 What happens when a general service
employee serving a probationary or trial service period is
appointed to a WMS position in a different agency?, 357-58-335
When a WMS employee is promoted in the same position as a
result of additional new duties, is a review period required?,
357-58-340 When does reversion take place during a review
period?, 357-58-345 When a permanent WMS employee does not
complete the review period, what reversion rights does the
employee have?, 357-58-350 When a permanent general service
employee does not complete the review period for a WMS
position, what reversion rights does the employee have?,
357-58-355 Can an employee voluntarily revert during a review
period?, 357-58-360 May a reverted employee and an agency come
to mutual agreement on reversion placement?, 357-58-365 What
are reversion rights for a WMS employee who has no permanent
status?, 357-58-370 Are there any appeal rights for reversion
or separation during the review period?, 357-58-375 When
permanent WMS employees promote or demote to positions in the
general service and fail to complete the trial service period
what reversion rights do permanent WMS employees?, 357-58-380
How does a WMS employee return from an exempt appointment?,
357-58-385 What is the responsibility of general government
employers to provide training and development to WMS
employees?, 357-58-390 What is the responsibility of WMS
managers?, 357-58-395 What will be the role of the department
of personnel?, and 357-58-400 How does each agency deal with
developmental needs of managers?
Hearing Location(s): Department of Personnel, 600 South
Franklin, Olympia, WA, on March 10, 2005, at 10:00 a.m.
Date of Intended Adoption: March 10, 2005.
Submit Written Comments to: Sharon Whitehead, Department
of Personnel, P.O. Box 47500, fax (360) 586-4694, by March 4,
2005. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL
COMMENT."
Assistance for Persons with Disabilities: Contact Department of Personnel by March 4, 2005, 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
address project position within the Washington Management
Service (WMS), acting appointments within WMS, review periods
for WMS employees, reversion rights of WMS employees and
training and development issues for WMS employees.
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 Washington Management Service. 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.
February 1, 2005
E. C. Matt
Director
NEW SECTION
WAC 357-58-240
What are the notification requirements
for appointing an employee to a project WMS position?
An
employee appointed to a project WMS position must be notified,
in writing, of the status of the appointment and the expected
ending date of the position.
[]
NEW SECTION
WAC 357-58-245
Must an employee appointed to a project
position serve a review period?
An employee who does not have
permanent status in classified service must serve a review
period when appointed to a project position. The employee
gains permanent status upon completion of the review period. Permanent employees who promote to a WMS project position
must serve a review period.
[]
NEW SECTION
WAC 357-58-250
Must an employee who transfers or
voluntarily demotes to a project WMS position serve a review
period?
An appointing authority may require an employee who
transfers or voluntarily demotes to a project WMS position to
serve a review period.
[]
NEW SECTION
WAC 357-58-255
May a permanent WMS employee accept a
project appointment within WMS and does the employee have any
return rights to his/her permanent WMS position?
A permanent
WMS employee may accept an appointment to a WMS project
position. Any right to return to the employee's permanent WMS
position is negotiable between the employer and employee and
must be agreed to prior to the employee accepting the project
position. If no return right is agreed to, the permanent
employee has the rights provided by WAC 357-58-260 (layoff
rule) upon layoff from the project.
[]
NEW SECTION
WAC 357-58-260
What happens to employees in WMS project
positions at the conclusion of the project?
(1) At the
conclusion of an appointment to a project WMS position, the
layoff provisions of this chapter apply. (2) In addition to the layoff rights provided by this
chapter:
A permanent status employee who left a permanent general
service position to accept appointment to a project position
without a break in service has the additional rights provided
by WAC 357-19-340; and
A permanent status employee who left a permanent WMS
position may have additional rights negotiated under WAC 357-58-255 (Permanent WMS employees return rights following a
project appointment).
[]
NEW SECTION
WAC 357-58-265
When may an agency make an acting WMS
appointment and what actions are required?
An agency may make
acting appointments in WMS when necessary to meet
organizational needs. Prior to the appointment, the
appointing authority will communicate in writing to the
employee the anticipated length, intent, salary, and other
conditions of the appointment.
[]
NEW SECTION
WAC 357-58-270
Does time in an acting appointment count
as time in the review period?
When an individual who is in an
acting WMS appointment is subsequently appointed to a
permanent WMS position, time spent in the acting appointment
may count towards the review period for the permanent WMS
position at the discretion of the appointing authority.
[]
NEW SECTION
WAC 357-58-275
May a permanent WMS employee accept an
acting WMS appointment and what are the employee's return
rights at the conclusion of the acting appointment?
Permanent
WMS employees may accept acting appointments to WMS positions.
When the acting appointment ends, the agency must at a minimum
provide the employee the layoff rights of his/her permanent
WMS position. The agency may provide additional return rights
such as returning the employee to a permanent position without
invoking the employee's layoff rights. If the appointment is within the same agency, the agency
must provide the employee the right to return at anytime. If
the appointment is to a different agency, the agency must
provide the employee the right to return for six (6) months
from the time the employee is appointed. Any return right
after six (6) months is negotiable between the employee and
agency and must be agreed to prior to the employee accepting
the nonpermanent appointment. If the employee does not return
on the agreed upon date, the employee can request placement in
the general government transition pool per WAC 357-46-095.
Upon return to a permanent position, the employer will
determine the employee's salary.
[]
NEW SECTION
WAC 357-58-280
What is the review period?
The review
period is a period of time that allows the employer an
opportunity to ensure the WMS appointee meets the requirements
and performance standards of the position.
[]
NEW SECTION
WAC 357-58-285
When must a WMS employee serve a review
period?
A permanent employee who promotes to a permanent WMS
position and an employee who does not have permanent status in
the classified service must serve a review period when
appointed to a permanent position.
[]
NEW SECTION
WAC 357-58-290
How long does the review period last?
Based on the nature of the job and the skills of the
appointee, the review period will be between twelve (12) and
eighteen (18) months as determined by the appointing
authority. At the time of the appointment, the appointing
authority will inform the appointee in writing of the length
of the review period.
[]
NEW SECTION
WAC 357-58-295
May a review period be extended beyond
the initial time period?
Employers may extend the review
period for an individual employee as long as the extension
does not cause the total period to exceed 18 months. The
employer must notify the employee in writing of the extension.
[]
NEW SECTION
WAC 357-58-300
Does the employee's use of leave without
pay or shared leave extend the review period?
If an employee
uses leave without pay or shared leave for an entire work
shift while serving a review period, the review period must be
extended by one work day for each work day of leave without
pay or shared leave. The granting of leave shall be in
compliance with chapter 357-31 WAC and the Fair Labor
Standards Act.
[]
NEW SECTION
WAC 357-58-305
When does a WMS employee attain permanent
status?
Upon successful completion of the review period, the
employee will attains permanent status in the position.
[]
Reviser's note: The unnecessary strikethrough 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 357-58-310
When may a WMS employee who transfers or
voluntarily demotes be required to serve a WMS review period?
An appointing authority may require an employee who transfers
or voluntarily demotes to serve a review period.
[]
NEW SECTION
WAC 357-58-315
When may an employee, who is promoted to
another WMS position, in a different agency, while serving a
review period, be required to serve a WMS review period?
An
employee who is promoted to a different WMS position in a
different agency during the review period will begin a new
review period for the new position. The new employer may
allow for some or all of the time served in the review period
for the prior position to count towards the review period.
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.
[]
NEW SECTION
WAC 357-58-320
What happens when a WMS employee promotes
to a new WMS position within the same agency while serving in
a review period?
If a WMS employee is promoted to a different
WMS position in the same agency during the review period, the
following applies: (1) Time served in the initial review period counts
towards the review period of the new position if the employer
determines the positions are closely related.
(2) The review period starts over if the employer
determines the positions are not closely related.
[]
NEW SECTION
WAC 357-58-325
When may a probationary or trial service
period be served concurrently with the WMS review period?
An
employee who is appointed to a WMS 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 may serve the trial service or probationary
period concurrently with the review period. At the discretion
of the employer, the employee may attain permanent status in
the previous job classification once the original probationary
or trial service period concludes. The new employer may allow for some or all of the time
served in the review period for the prior position to count
towards the review period. 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.
[]
NEW SECTION
WAC 357-58-330
What happens when a general service
employee serving a probationary or trial service period is
appointed to a WMS position in a different agency?
A WGS
employee who is appointed to a WMS 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.
[]
NEW SECTION
WAC 357-58-335
When a WMS employee is promoted in the
same position as a result of additional new duties, is a
review period required?
The agency may require a review
period when the employee remains in the same position and
receives a promotion as a result of additional new duties.
[]
NEW SECTION
WAC 357-58-340
When does reversion take place during a
review period?
During the review period, the appointing
authority may separate or revert the employee from the
position with written notification of the effective date.
[]
NEW SECTION
WAC 357-58-345
When a permanent WMS employee does not
complete the review period, what reversion rights does the
employee have?
When a WMS permanent employee is appointed to
a WMS position and reverted during the review period, the
current employing agency at the time of reversion must place
the employee in a vacant funded WMS position for which the
employee is qualified, and that is comparable to the
employee's position and salary prior to the last WMS
appointment. If no vacant funded positions are available, the
agency must place the employee in a WMS position for which the
employee is qualified and which is similar to the employee's
previous position and salary. If the reversion of the
employee causes the total number of employees to exceed the
total number of positions to be filled, the employer may
implement a layoff.
[]
NEW SECTION
WAC 357-58-350
When a permanent general service employee
does not complete the review period for a WMS position, what
reversion rights does the employee have?
When a permanent
Washington general service employee is appointed to a WMS
position and is reverted during the review period, the
employee has reversion rights with the current employer at the
time of reversion in accordance with WAC 357-19-115,
357-19-117, and 357-19-120.
[]
NEW SECTION
WAC 357-58-355
Can an employee voluntarily revert during
a review period?
Within the first 30 calendar days of any
review period, an employee may voluntarily revert. The
employee's reversion rights are as provided in WAC 357-58-345
and WAC 357-58-350 as appropriate. Voluntary reversion after
30 days is at the discretion of the employer.
[]
NEW SECTION
WAC 357-58-360
May a reverted employee and an agency
come to mutual agreement on reversion placement?
Nothing in
this section precludes agencies and the reverted employee from
reaching mutual agreement on placement of a reverted employee
within the WMS or within the Washington general service if
permitted by the respective rules.
[]
NEW SECTION
WAC 357-58-365
What are reversion rights for a WMS
employee who has no permanent status?
An appointee to a WMS
position from outside state service, who is separated prior to
completion of the review period, will not attain permanent
status. The employee will not have reversion rights to any
position within the WMS or within the Washington general
service.
[]
NEW SECTION
WAC 357-58-370
Are there any appeal rights for reversion
or separation during the review period?
Employees may not
appeal reversion or separation from the review period.
[]
NEW SECTION
WAC 357-58-375
When permanent WMS employees promote or
demote to positions in the general service and fail to
complete the trial service period what reversion rights do
permanent WMS employees?
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 have
reversion rights as provided in WAC 357-58-350.
[]
NEW SECTION
WAC 357-58-380
How does a WMS employee return from an
exempt appointment?
Return from an exempt appointment will be
accomplished as provided in WAC 357-19-195 and 357-19-200.
[]
NEW SECTION
WAC 357-58-385
What is the responsibility of general
government employers to provide training and development to
WMS employees?
In addition to those responsibilities
identified in chapter 357-34 WAC, general government employers
must provide WMS development and training opportunities
specifically designed to refine and broaden managerial
knowledge and leadership competencies. Diversity, performance
management, and education for managing employees in a civil
service system must be part of this training. WMS employees
must complete the core curriculum on leadership competencies
as determined by the department of personnel within eighteen
(18) months of being appointed to a WMS position.
[]
NEW SECTION
WAC 357-58-390
What is the responsibility of WMS
managers?
In addition to those responsibilities identified in
chapter 357-34 WAC, WMS employees are responsible for seeking
out and fully participating in opportunities to enhance their
managerial knowledge and leadership competencies to implement
and emphasize performance management, model efficient
leadership in changing work situations, reduce potential
liability claims and manage in a civil service environment.
[]
NEW SECTION
WAC 357-58-395
What will be the role of the department
of personnel?
The department of personnel shall assist state
agencies by providing a quality developmental and leadership
training program and consultative and technical assistance to
help agencies address the development needs of their managers.
[]
NEW SECTION
WAC 357-58-400
How does each agency deal with
developmental needs of managers?
Each agency must ensure that
the development needs of managers are incorporated into the
agency's development and training plan. Each agency is
responsible for periodic evaluations of its plan.
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