WSR 97-08-089



[Filed April 2, 1997, 11:35 a.m.]

Original Notice.

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

Title of Rule: WAC 356-05-055 Board, 356-06-020 Exemptions--Exceptions, 356-06-060 Personnel board--Composition--Appointment, 356-06-070 Personnel board--Procedure--Quorum, 356-06-080 Personnel board--Powers--Duties, 356-06-090 Director--Appointment--Removal, and 356-10-030 Positions--Allocations--Reallocation.

Purpose: These rules pertain to the definition of the board, exemptions from Title 356 WAC, Personnel Resources Board, director, and the allocation/reallocation of positions.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: The revisions are for clarification and the repealers remove duplicative language. All are housekeeping in nature.

Name of Agency Personnel Responsible for Drafting: Sharon Peck, 521 Capitol Way South, Olympia, WA, (360) 753-0468; 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: These rules pertain to the definition, procedure, powers and duties of the Personnel Resources Board; exemptions from Title 356 WAC; the appointment and removal of the director of the Department of Personnel; and the allocation/reallocation of positions. These revisions and repealers are necessary in order to clarify and reflect the current title of the board; remove duplicative language pertaining to exemptions, personnel board and the director; and clarify language pertaining to the allocation/reallocation process. These revisions and repealers will clarify existing language and remove duplicative language.

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. Pursuant to RCW 34.05.328(5) the Department of Personnel is not an agency subject to the provisions of RCW 34.05.328 (1)-(4). In addition, under RCW 34.05.328 (5)(b)(ii), these rules relate to internal governmental operations that are not subject to violation by a nongovernmental party.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on May 8, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by May 1, 1997, TDD (360) 753-4107, or (360) 586-0509.

Submit Written Comments to: Sharon Peck, Department of Personnel, P.O. Box 47500, FAX (360) 586-4694, by May 6, 1997.

Date of Intended Adoption: May 8, 1997.

April 2, 1997

Dennis Karras


AMENDATORY SECTION (Amending WSR 84-17-042 (Order 209), filed 8/10/84)

WAC 356-05-055 Board. The ((state)) Washington personnel resources board.

[Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-05-055, filed 8/10/84.]

AMENDATORY SECTION (Amending WSR 95-19-054, filed 9/15/95, effective 10/16/95)

WAC 356-06-020 Exemptions--Exceptions. ((With the exceptions noted in subsection (19) of this section the provisions of these rules do not apply to:)) Exemptions from WAC 356 are outlined in RCW 41.06.070 and/or in each agency's enabling statute.

(((1) Members of the legislature or to any employee of, or position in, the legislative branch of the state government including members, officers and employees of the legislative council, legislative budget committee, statute law committee, and any interim committee of the legislature.

(2) Judges of the supreme court, of the superior courts or of the inferior courts or to any employee of, or position in the judicial branch of, state government.

(3) Officers, academic personnel and employees of state institutions of higher education, the state board for community college education, and the higher education personnel board.

(4) Employees of the state printing office.

(5) The officers of the Washington state patrol.

(6) Elective officers of the state.

(7) The chief executive officer of each agency.

(8) In the departments of employment security and fisheries, the director and the director's confidential secretary.

(9) In the department of social and health services, the secretary, the secretary's executive assistant, if any; not to exceed six assistant secretaries, thirteen division directors, six regional directors and one confidential secretary for each of the above named officers; not to exceed six bureau directors and all superintendents of institutions of which the average daily population equals or exceeds one hundred residents: Provided, That each such confidential secretary must meet the minimum qualifications for the class of secretary 2 as determined by the state personnel board.

(10) In all departments except those mentioned in subsection (8) above, the executive head of which is appointed by the governor, the director, the director's confidential secretary, and the statutory assistant directors.

(11) In the case of a multimember board, commission or committee, whether the members thereof are elected, appointed by the governor or other authority, serve ex officio, or otherwise chosen.

(a) All members of such boards, commissions or committees.

(b) If the members of the board, commission or committee serve on a part-time basis and there is a statutory executive officer:

(i) The secretary of the board, commission or committee.

(ii) The chief executive officer of the board, commission or committee.

(iii) The confidential secretary of the chief executive officer of the board, commission or committee.

(c) If the members of the board, commission or committee serve on a full-time basis:

(i) The chief executive officer or administrative officer as designated by the board, commission or committee.

(ii) The confidential secretary to the chairman of the board, commission or committee.

(d) If all members of the board, commission or committee serve ex officio:

(i) The chief executive officer.

(ii) The confidential secretary of such chief executive officer.

(12) The confidential secretaries and administrative assistants in the immediate offices of the elective officers of the state.

(13) Assistant attorneys general.

(14) Commissioned and enlisted personnel in the military service of the state.

(15) Resident, student, part-time or temporary employees, and part-time professional consultants as defined by the state personnel board to include:

(a) State and local officials serving ex officio and performing incidental administrative duties in the programs of the agency.

(b) Part-time local health officers.

(c) Persons employed on a part-time, or temporary basis for medical, nursing or other professional service and who are not engaged in the performance of administrative duties.

(d) Part-time or temporary employees who are enrolled as full-time students in recognized educational institutions and whose employment is largely to provide training opportunity, and all temporary employees not in federal grant-in-aid programs.

(e) Patient and resident help in the covered institutions.

(f) Skilled and unskilled labor employed temporarily on force account; construction and maintenance projects; or employed on temporary seasonal single phases of agricultural production or harvesting; or as determined by the director of personnel to be equivalent.

(g) Washington state patrol trooper cadets in training for commissioning as troopers in the Washington state patrol.

(16) All officers and employees in those commissions made exempt by legislative action, namely:

(a) Washington state fruit commission.

(b) Washington state apple commission.

(c) Washington state dairy products commission.

(d) Washington state wheat commission.

(e) Officers and employees of any commission formed under the provisions of chapter 15.66 RCW.

(f) Agricultural commissions formed under the provisions of chapter 15.65 RCW.

(17) Up to a total of five senior staff positions of the Western library network under chapter 27.26 RCW responsible for formulating policy or for directing program management of a major administrative unit.

(18) In the department of information services, up to twelve positions in the planning component involved in policy development and/or senior professionals.

(19) Up to five employees of the Washington basic health plan.

(20) Executive assistants, for personnel administration and labor relations in all state agencies employing such executive assistants including but not limited to all departments, offices, commissions, committees, boards, or other bodies subject to the provisions of this chapter and this subsection shall prevail over any provision of law inconsistent herewith unless specific exception is made in such law.

(21) In each agency with fifty or more employees: Deputy agency heads, assistant directors or division directors, and not more than three principal policy assistants who report directly to the agency head or deputy agency head.

(22) In addition to the exemptions specifically provided by this chapter, the state personnel board may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the personnel board stating the reasons for requesting such exemptions. The personnel board shall hold a public hearing after proper notice, on requests submitted pursuant to this subsection. If the personnel board determines that the position for which exempting is requested is one involving substantial responsibility for the formulation of basic agency or executive policy or one involving directing and controlling program operations of an agency or a major administrative division thereof, the personnel board shall grant the request and such determination shall be final. The total number of additional exemptions permitted under this subsection shall not exceed one hundred eighty-seven for those agencies not directly under the authority of any elected public official other than the governor, and shall not exceed a total of twenty-five for all agencies under the authority of elected public officials other than the governor. The state personnel board shall report to each regular session of the legislature all exemptions granted under this subsection and subsections (20) and (21) of this section, together with the reasons for such exemptions.

(23) While other provisions of these rules do not apply, the personnel board shall determine salaries and fringe benefits of incumbents in all exempt positions in agencies with positions under the jurisdiction of the personnel board, other than positions listed under subsections (5) through (8), (11)(a) and (b), and (12) through (16) of this section.))

[Statutory Authority: RCW 41.06.150. 95-19-054, 356-06-020, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-12-027 (Order 353), 356-06-020, filed 5/30/90, effective 6/30/90. Statutory Authority: RCW 41.06.150. 87-24-028 (Order 287), 356-06-020, filed 11/24/87, effective 1/1/88; 85-21-113 (Order 237), 356-06-020, filed 10/23/85, effective 12/1/85; 85-19-078 (Order 230), 356-06-020, filed 9/18/85. Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), 356-06-020, filed 8/10/84. Statutory Authority: RCW 41.06.150(17). 80-06-032 (Order 143), 356-06-020, filed 5/9/80, effective 6/12/80; 79-12-012 (Order 137), 356-06-020, filed 11/13/79; 78-05-025 (Order 119), 356-06-020, filed 4/14/78; Order 63, 356-06-020, filed 2/26/74; Order 37, 356-06-020, filed 8/17/71, effective 9/17/71; Order 36, 356-06-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-020.]

AMENDATORY SECTION (Amending WSR 78-05-025 (Order 119), filed 4/14/78)

WAC 356-06-060 Personnel board((--Composition--Appointment)). (((1) The personnel board shall consist of three members appointed by the governor and confirmed by the senate. Each member must: Have clearly demonstrated an interest and belief in the merit principle; shall not hold any other employment with the state; shall not have been an officer of a political party within one year prior to appointment; shall not become a candidate for partisan political office during his/her term on the board.)) Wherever state personnel board, personnel board, and/or board is mentioned in these rules, it shall mean the Washington personnel resources board.

(((2) Members of the board shall serve overlapping terms of six years. A member appointed to fill a vacancy occurring prior to the expiration of the term shall be appointed for the remainder of such term.

(3) The board shall annually elect a chairman and vice chairman from among its members to serve one year.))

[Statutory Authority: RCW 41.06.150(17). 78-05-025 (Order 119), 356-06-060, filed 4/14/78; Order 36, 356-06-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-090.]


WAC 356-06-070 Personnel board--Procedure--Quorum.


WAC 356-06-080 Personnel board--Powers--Duties.


WAC 356-06-090 Director--Appointment--Removal.

AMENDATORY SECTION (Amending WSR 88-15-060 (Order 303), filed 7/18/88, effective 9/1/88)

WAC 356-10-030 Positions--Allocation--Reallocation. (1) Position allocations or reallocations shall be based upon an investigation of duties and responsibilities assigned and/or performed and other information and recommendations. Every position shall be allocated to an established class.

(2) Allocations may be made by:

(a) The director or designated staff of the department of personnel; or,

(b) By agency directors or other designees authorized under subsection (3) of this section.

(3) Agency directors may request and the director of personnel may approve, the authorization of the agency director or designee to approve or disapprove the allocation or reallocation of positions for which the agency has been delegated allocation authority under the merit system rules and procedures approved by the director of personnel.

(4) ((It shall be the duty of the appointing authority and/or the personnel representative to report to the director of personnel any changes in duties, responsibilities or organization in a position which may affect position allocation.)) The appointing authority or designee is responsible for the work assignment for each position. The agency shall maintain position documentation.

(5) Agencies shall establish procedures for processing and reporting new positions, changes in position duties, and requests for position review to provide proper maintenance of the classification plan. The procedure shall provide for individual employee requests for position review, based on duties and responsibilities, through the agency personnel office and, for agencies not having decentralized allocation authority, to the director of personnel. This procedure will not cause undue delay in the director of personnel or designee reviewing the requested reclassification. Such procedures shall be ((reviewed and approved)) available for review by the director of personnel or designee. Notice of changes in this procedure initiated by agencies, will be provided to exclusive bargaining representatives and a copy to the director of personnel.

(6) Questions concerning the previous classification of employees due to the retitling, reallocating or reclassification of positions will be determined by the director of personnel or designee.

(7)(a) Employees affected by agency initiated reallocations shall be notified in writing by the agency not less than twenty calendar days in advance of the intended date of the action, provided that this notice requirement shall not preclude the establishment of effective dates for other than competitive reallocations as provided in WAC 356-10-050.

(b) Any official authorized in subsection (2) of this section to make allocation or reallocation determinations shall immediately transmit a written notice of the determination to the employee in the position affected by that determination.

[Statutory Authority: RCW 41.06.150. 88-15-060 (Order 303), 356-10-030, filed 7/18/88, effective 9/1/88. Statutory Authority: RCW 41.06.150(17). 79-03-010 (Order 128), 356-10-030, filed 2/14/79; 78-12-026 (Order 126), 356-10-030, filed 11/15/78; Order 77, 356-10-030, filed 5/7/75; Order 75, 356-10-030, filed 3/24/75; Order 36, 356-10-030, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-030, 356-08-040, 356-08-050 and 356-16-175.]

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Washington State Code Reviser's Office