WASHINGTON STATE REGISTER

WSR 06-20-086

PROPOSED RULES

DEPARTMENT OF PERSONNEL

[ Filed October 3, 2006, 8:10 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-13-090 How is an employee affected when his/her position is reallocated?

Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on November 9, 2006, at 8:30 a.m.

Date of Intended Adoption: November 9, 2006.

Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by November 3, 2006. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

Assistance for Persons with Disabilities: Contact department of personnel by November 3, 2006, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this change is to clarify what happens when an employee who has not completed their probationary period is being reallocated upward.

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.

Name of Proponent: Department of personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; 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.

November 9, 2006 [October 3, 2006]

Eva N. Santos

Director

AMENDATORY SECTION(Amending WSR 05-12-088, filed 5/27/05, effective 7/1/05)

WAC 357-13-090 How is an employee affected when his/her position is reallocated?

This table is used to determine how an employee whose position is reallocated is affected.

Employee's position reallocated to:

Class with a higher salary range maximum Class with an equal salary range maximum Class with a lower salary range maximum

Reallocation results from:

A position review requested by the employee or initiated by the employer If the employee has performed the higher level duties for at least six months and meets the competencies and other position requirements: If the employee meets the competencies and other position requirements: If the employee meets the competencies and other position requirements and chooses to remain in the reallocated position:

-> The employee remains in the position and is appointed with permanent status provided the probationary or trial service period for the class to which the position is reallocated is six months in duration. If the probationary period or trial service period is longer than six months and the employee has not performed higher level duties for the length of the probationary period or trial service period, the employer may require the employee serve the remainder of the probationary or trial service period before gaining permanent status in the reallocated position.

If the reallocation is the result of a change in the duties of the position and the employee has not performed the higher level duties for six months or more:
-> The employee remains in the position and retains existing appointment status. -> The employee retains appointment status; has the right to be placed on the employer's internal layoff list; and has his/her salary set in accordance with WAC 357-28-120.

-> The employer must give the employee the opportunity to compete for the position. The employer may choose to promote the employee without competition as long as the employee meets the competencies and any other position requirements. -> The employee retains the previous base salary in accordance with WAC 357-28-120. If the employee chooses to vacate the position or does not meet the competencies and other position requirements:

If the employee is not selected for the position, the employer's layoff procedure applies. If the employee is appointed and they have already gained permanent status, the employee must serve a trial service period. If the employee has not completed their probationary period, then the probationary period and the new trail service period will overlap, provided the higher and lower classes are in the same or a closely related field. If the classes are not in the same or closely related field, then the employee will start their probationary period over in the new class. If the employee does not meet the competencies and other position requirements:
-> The employer's layoff procedure applies.

Upon appointment to the higher class, the employee's base salary must be increased a minimum of a two step increase, not to exceed the top step of the range as provided in WAC 357-28-115. -> The employer's layoff procedure applies.

The director implementing a new classification plan under provisions of RCW 41.06.136 or revising the classification plan. The employee remains in the position and keeps existing appointment status. See WAC 357-28-125 and 357-28-130 for determining the employee's salary.

[Statutory Authority: Chapter 41.06 RCW. 05-12-088, § 357-13-090, filed 5/27/05, effective 7/1/05; 05-01-201, § 357-13-090, filed 12/21/04, effective 7/1/05.]

This table is used to determine how an employee whose position is reallocated is affected.
	Employee's position reallocated to:
	Class with a higher salary range maximum	Class with an equal salary range maximum	Class with a lower salary range maximum
Reallocation results from:
A position review requested by the employee or initiated by the employer	If the employee has performed the higher level duties for at least six months and meets the competencies and other position requirements:	If the employee meets the competencies and other position requirements:	If the employee meets the competencies and other position requirements and chooses to remain in the reallocated position:
	-> The employee remains in the position and is appointed with permanent status provided the probationary or trial service period for the class to which the position is reallocated is six months in duration. If the probationary period or trial service period is longer than six months and the employee has not performed higher level duties for the length of the probationary period or trial service period, the employer may require the employee serve the remainder of the probationary or trial service period before gaining permanent status in the reallocated position. If the reallocation is the result of a change in the duties of the position and the employee has not performed the higher level duties for six months or more:	-> The employee remains in the position and retains existing appointment status.	-> The employee retains appointment status; has the right to be placed on the employer's internal layoff list; and has his/her salary set in accordance with WAC 357-28-120.
	-> The employer must give the employee the opportunity to compete for the position. The employer may choose to promote the employee without competition as long as the employee meets the competencies and any other position requirements.	-> The employee retains the previous base salary in accordance with WAC 357-28-120.	If the employee chooses to vacate the position or does not meet the competencies and other position requirements:
	If the employee is not selected for the position, the employer's layoff procedure applies. If the employee is appointed and they have already gained permanent status, the employee must serve a trial service period. If the employee has not completed their probationary period, then the probationary period and the new trail service period will overlap, provided the higher and lower classes are in the same or a closely related field. If the classes are not in the same or closely related field, then the employee will start their probationary period over in the new class.	If the employee does not meet the competencies and other position requirements:	-> The employer's layoff procedure applies.
	Upon appointment to the higher class, the employee's base salary must be increased a minimum of a two step increase, not to exceed the top step of the range as provided in WAC 357-28-115.	-> The employer's layoff procedure applies.
The director implementing a new classification plan under provisions of RCW 41.06.136 or revising the classification plan.	The employee remains in the position and keeps existing appointment status. See WAC 357-28-125 and 357-28-130 for determining the employee's salary.

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