WSR 99-02-054
PROPOSED RULES
PERSONNEL RESOURCES BOARD
[Filed January 5, 1999, 2:20 p.m.]
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: New WAC 251-01-014 Affected groups; repealing WAC 251-01-330 Protected groups and 251-01-420 Timetables; and amending WAC 251-01-015 Affirmative action, 251-01-040 Availability, 251-01-190 Goals, 251-01-400 Supplemental certification, 251-01-440 Underutilization, 251-17-090 Examination--Eligibility, 251-23-010 Affirmative action--Authority, 251-23-030 Affirmative action plans--Monitoring progress--Reporting, 251-23-040 Affirmative action plans--Content, 251-23-050 Affirmative action--Goals, 251-23-060 Affirmative action--Supplemental certification, and 251-24-030 Training and development programs--Contents.
Purpose: See Title of Rule above.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Summary: These changes are proposed to bring higher education rules into compliance with Initiative 200.
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 changes are proposed to bring higher education rules into compliance with Initiative 200.
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 relate 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 February 11, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Department of Personnel by February 4, 1999, 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 February 9, 1999.
Date of Intended Adoption: February 11, 1999.
January 5, 1999
Dennis Karras
Secretary
NEW SECTION
WAC 251-01-014 Affected groups. For affirmative action purposes means racial/ethnic minorities (Black, Asian/Pacific Islander, Hispanic, Native American Indian), women, persons age 40 and over, persons with disabilities, Vietnam-era and disabled veterans.
[]
AMENDATORY SECTION (Amending WSR 86-09-078 (Order 147), filed 4/22/86)
WAC 251-01-015 Affirmative action. A procedure by which
racial/ethnic minorities, women, persons of disability, persons
((in the protected)) age ((category)) 40 and over, Vietnam-era
veterans, and disabled veterans are provided with ((increased))
employment opportunities designed to correct underutilization.
It shall not mean any sort of quota system.
[Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), § 251-01-015, filed 4/22/86.]
AMENDATORY SECTION (Amending WSR 87-16-045 (Order 158), filed 7/29/87, effective 9/1/87)
WAC 251-01-040 Availability. An estimate, based on the
best data available, of the number of women, racial/ethnic
minorities, persons ((in the protected)) age ((category)) 40 and
over, Vietnam-era and disabled veterans, and persons ((of
disability)) with disabilities who have the skills and abilities
required for employment in a particular job group as determined
from an analysis of relevant data. The determination of the
availability of ((protected)) affected group members shall be
based on consideration of the following factors:
(1) The ((protected)) affected group population of the
relevant labor market.
(2) The size of the ((protected)) affected group
unemployment force in the relevant labor market.
(3) The percentage of the ((protected)) affected group work
force as compared with the total work force in the relevant labor
market.
(4) The general availability of ((protected)) affected group
members having requisite skills in the relevant labor market.
(5) The availability of ((protected)) affected group members
having requisite skills in an area in which the institution can
reasonably recruit.
(6) The availability of promotable and transferable
((protected)) affected group members within the institution.
(7) The existence of training institutions capable of training persons in the requisite skills.
(8) The degree of training which the institution is
reasonably able to undertake as a means of making all job classes
available to ((protected)) affected group members.
The availability estimates shall be based upon an analysis of the factors determined to be relevant to the particular job class/category.
[Statutory Authority: RCW 28B.16.100. 87-16-045 (Order 158), § 251-01-040, filed 7/29/87, effective 9/1/87; 86-09-078 (Order 147), § 251-01-040, filed 4/22/86.]
AMENDATORY SECTION (Amending WSR 87-02-036 (Order 154), filed 1/2/87, effective 2/1/87)
WAC 251-01-190 Goals. (((Hiring and/or promotion.) The
projected number of hires and/or promotions needed to correct
identified areas of underutilization.)) Flexible targets where
good faith efforts are used for hiring and promoting affected
group members in job groups where underutilization exists.
[Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-01-190, filed 1/2/87, effective 2/1/87; 86-09-078 (Order 147), § 251-01-190, filed 4/22/86.]
REPEALER
((WAC 251-01-330 Protected groups. For affirmative action
purposes means racial/ethnic minorities (Black, Asian/Pacific
Islander, Hispanic, Native American Indian), women, persons in
the protected age class, persons of disability, Vietnam-era and
disabled veterans.))
AMENDATORY SECTION (Amending WSR 87-02-036 (Order 154), filed 1/2/87, effective 2/1/87)
WAC 251-01-400 Supplemental certification. A process by
which ((eligible members of protected groups)) persons with
disabilities, Vietnam era and disabled veterans, and persons age
40 and over can be referred to employing officials for the
filling of position vacancies in job classes/categories where it
has been determined that underutilization exists.
[Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-01-400, filed 1/2/87, effective 2/1/87; 86-09-078 (Order 147), § 251-01-400, filed 4/22/86.]
REPEALER
((WAC 251-01-420 Timetables. Established time periods
during which identified areas of underutilization will be
corrected.))
AMENDATORY SECTION (Amending WSR 86-09-078 (Order 147), filed 4/22/86)
WAC 251-01-440 Underutilization. Having fewer
racial/ethnic minorities, women, persons ((in the protected)) age
((category)) 40 and over, Vietnam-era and disabled veterans, or
persons ((of disability)) with disabilities in a particular job
group than would reasonably be expected by their availability.
[Statutory Authority: RCW 28B.16.100. 86-09-078 (Order 147), § 251-01-440, filed 4/22/86.]
AMENDATORY SECTION (Amending WSR 93-19-078, filed 9/14/93, effective 10/1/93)
WAC 251-17-090 Examination--Eligibility. (1) Open-competitive examinations shall be open to all persons who apply according to the provisions of these rules and meet the minimum qualifications for the class.
(2) Promotional examinations shall be limited to those current permanent employees of the classified service at the institution, and those former permanent employees of the institution seeking to return from separation pursuant to WAC 251-10-080, who apply according to the provisions of these rules and meet the minimum qualifications for the class. The personnel officer may open promotional examinations on either an organizational unit or institution-wide basis, whichever the personnel officer determines to be in the interest of the service.
(3) When the number of qualified applicants for a class in the competitive service is expected to result in an eligible list in excess of the institution's current needs, the personnel officer may limit the applications to be admitted to the intermediate and/or final phase(s) of the examination to those most qualified, based on an assessment of qualifications in the initial and/or intermediate phase(s) of the examination. Such limitation must be specified in the recruitment notice. If no such limitation is specified, all applicants who pass the entire examination shall be placed on the eligible list for the class.
(4) The personnel officer may add ((members of under-utilized groups)) persons with disabilities, Vietnam era and
disabled veterans, and persons age 40 and over to all eligible
lists, except layoff lists, at anytime when underutilized in
accordance with the institution's affirmative action program as
provided in WAC 251-23-040 (7)(b), provided such persons pass the
examination for the class. The personnel officer shall also add
the names of those former permanent employees of the institution
seeking to return from separation pursuant to WAC 251-10-080 to
all eligible lists at any time, provided such persons pass the
examination for the class.
(5) The personnel officer may add employees who complete institution-approved training programs to the appropriate eligible list at any time, provided such employees meet the minimum qualifications and pass the examination for the class.
(6) The personnel officer may add to the institution-wide promotional list at any time:
(a) Current employees on layoff status or scheduled for layoff;
(b) Former employees laid off from the institution per WAC 251-10-030 who are on an institution-wide layoff list.
However, persons covered in (a) and (b) of this subsection meet the minimum qualifications and pass the examination for the class.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-078, § 251-17-090, filed 9/14/93, effective 10/1/93. Statutory Authority: RCW 28B.16.100. 89-08-003 (Order 176), § 251-17-090, filed 3/23/89, effective 5/1/89; 88-02-018 (Order 165), § 251-17-090, filed 12/30/87, effective 2/1/88.]
AMENDATORY SECTION (Amending WSR 86-06-034 [98-19-035] (Order 145), filed 2/28/86 [9/10/98], effective 4/1/86 [10/12/98])
WAC 251-23-010 Affirmative action--Authority. The rules
contained in this chapter follow from the authority of RCW
41.06.150, which provides in part, "… The board shall adopt
rules, consistent with the purposes and provisions of this
chapter … regarding the basis and procedures to be followed for
…"; RCW 41.06.150, which provides in part, "… Affirmative action
in appointment, promotion, transfer, recruitment, training, and
career development; development and implementation of affirmative
action goals ((and timetables)); and monitoring of progress
against those goals ((and timetables)) …"
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-23-010, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 86-06-034 (Order 145), § 251-23-010, filed 2/28/86, effective 4/1/86.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION (Amending WSR 86-06-034 [98-19-035] (Order 145), filed 2/28/86 [9/10/98], effective 4/1/86 [10/12/98])
WAC 251-23-030 Affirmative action plans--Monitoring
progress--Reporting. Each higher education institution/related
board shall monitor progress under its affirmative action
plan/program and, when requested, shall submit a report to the
director((, at least annually,)) reflecting progress against
goals ((and timetables)) and containing such other information as
required by the director.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-23-030, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 86-06-034 (Order 145), § 251-23-030, filed 2/28/86, effective 4/1/86.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION (Amending WSR 87-02-036 (Order 154), filed 1/2/87, effective 2/1/87)
WAC 251-23-040 Affirmative action plans--Content. Each higher education institution/related board shall apply affirmative action plans/programs to increase the representation of protected group members in their workforce when it is determined that a particular group is underutilized. Affirmative action plans/programs shall address recruitment, appointment, promotion, transfer, training and career development, and shall include but not be limited to the following:
(1) An equal employment opportunity/affirmative action policy statement.
(2) An identification of the individual responsible for implementing the affirmative action plan/program and the specific responsibilities of that individual.
(3) Provisions for internal and external communication of the affirmative action plan/program.
(4) A workforce profile by race/ethnic origin, sex, age, disability, Vietnam-era and disabled veteran status and job class/category and provisions for ascertaining the same.
(5) The development and implementation of utilization
analyses((,)) and goals((, and timetables)) based on
availability.
(6) An identification of the causes of underutilization and/or problem areas related to underutilization.
(7) The development and implementation of specific programs for correcting the identified causes of underutilization and/or problem areas, in order to achieve goals, such as:
(a) Provision for supplemental certification of
underutilized ((groups)) persons with disabilities, Vietnam era
and disabled veterans, and persons age 40 and over from all
eligible lists, except institution-wide layoff lists, in
accordance with WAC 251-23-060;
(b) Provision that, when goals exist for a class and when it
is determined by the personnel officer that an eligible list does
not contain sufficient numbers of ((members of underutilized
protected groups)) persons with disabilities, Vietnam era and
disabled veterans, and persons age 40 and over, applicants who
are members of such groups and who meet the minimum
qualifications for the class may be admitted to the examination
at any time. Those who pass the examination for the class shall
be placed on the appropriate eligible list;
(c) Provision for members of protected groups to enter the employment process, but not to exclude others from it;
(d) Provision for special employee training and development
programs ((and selective appointment of employees who are members
of protected groups into the programs)), in accordance with WAC
251-24-030(8).
(8) A system for monitoring and evaluating progress under the affirmative action plan/program including reports to the president/chief executive officer of the institution/related board.
(9) Supportive programs, internally and externally, which will enhance the achievement of affirmative action goals.
[Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-23-040, filed 1/2/87, effective 2/1/87; 86-06-034 (Order 145), § 251-23-040, filed 2/28/86, effective 4/1/86.]
AMENDATORY SECTION (Amending WSR 87-02-036 (Order 154), filed 1/2/87, effective 2/1/87)
WAC 251-23-050 Affirmative action--Goals ((and
timetables)). Each higher education institution/related board
shall develop and implement goals ((and timetables)) for hiring
and/or promoting members of ((protected)) affected groups into
job classes/categories where it has been determined that
underutilization exists.
(((1))) Goals shall be established based on the relevant
availability statistics and in direct relationship to the
institution's/related board's workforce profile and utilization
analysis.
(((2) Timetables shall be developed on both a short-range
(one year) and/or a long-range (three to five years) basis,
whichever is determined to be appropriate for correcting
identified areas of underutilization.))
[Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-23-050, filed 1/2/87, effective 2/1/87; 86-06-034 (Order 145), § 251-23-050, filed 2/28/86, effective 4/1/86.]
AMENDATORY SECTION (Amending WSR 87-02-036 (Order 154), filed 1/2/87, effective 2/1/87)
WAC 251-23-060 Affirmative action--Supplemental
certification. ((When an institution/related board is utilizing
an approved affirmative action program in accordance with WAC
251-23-020 and 251-23-040 (7)(a), and when the initial
certification process does not provide the names of at least
three eligibles who are members of the specific underutilized
protected group(s), the personnel officer shall certify from the
eligible list up to three additional eligibles who meet the
applicable affirmative action criteria. Such additional
certification shall be made in strict order of standing on the
eligible list. Certification of additional eligibles shall not
result in more than a total of three eligibles from the specific
underutilized protected group(s).)) The personnel officer shall
certify from the eligible list up to a total of three additional
eligibles who are persons with disabilities, Vietnam era and
disabled veterans, and persons age 40 and over who meet the
applicable affirmative action criteria when:
(a) an institution/related board is utilizing an approved affirmative action program in accordance with WAC 251-23-020 and 251-23-040 (7)(a), and
(b) the initial certification process does not provide the names of at least three eligibles who are members of the specific underutilized categories.
Such additional certification shall be made in order of standing on the eligible list. Certification of additional eligibles shall not result in more than a total of three eligibles from the specific underutilized categories.
[Statutory Authority: RCW 28B.16.100. 87-02-036 (Order 154), § 251-23-060, filed 1/2/87, effective 2/1/87; 86-06-034 (Order 145), § 251-23-060, filed 2/28/86, effective 4/1/86.]
AMENDATORY SECTION (Amending WSR 91-10-001 [98-19-035], filed 4/18/91 [9/10/98], effective 6/1/91 [10/12/98])
WAC 251-24-030 Training and development programs--Contents. Each institution will develop and maintain on file with the board (subject to approval by the director) an employee training and development plan that provides as a minimum:
(1) The policy and objectives of the institution concerning training and development programs;
(2) The institution's policy regarding training program expenses;
(3) Identification of the person(s) responsible for employee training and development programs;
(4) Provision for the identification and appraisal of training and development needs;
(5) The identification of proposed training activities in the following areas:
(a) New employee orientation;
(b) Functional training, such as in accounting, data processing, office administration and job skills;
(c) System training, such as affirmative action, labor relations and safety;
(d) Professional/technical training;
(e) Management and organizational development;
(f) The institution's off-hour training or continuing education program;
(g) Specific training in the prevention, transmission, and treatment of HIV and AIDS for those employees who have a substantial likelihood of on-the-job exposure to the human immunodeficiency virus or acquired immunodeficiency syndrome virus;
(h) Training of supervisors on implementation of the institution return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the employee;
(6) Provision specifying the manner of selecting employees for training or development programs;
(7) Provision for training records of employee participation;
(8) Provision for training ((and upgrading of skills of
women and members of racial or ethnic minority groups)) employees
as part of the institution's affirmative action program((,
including special training programs to achieve corrective action
for underutilization of minority or female employees));
(9) Involvement of a representative group of employees in the development of the institution's training policy and plans;
(10) Provision for evaluation of training and development programs;
(11) The criteria by which the institution may provide employees the opportunity to attend class instruction in academic session during regular working hours;
(12) The institution's policy regarding release time during work hours for training course attendance;
(13) Provision for access to in-house training and development programs for former permanent employees returning from separation as set forth in WAC 251-10-070.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-24-030, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 91-10-001, § 251-24-030, filed 4/18/91, effective 6/1/91; 89-13-075 (Order 180), § 251-24-030, filed 6/21/89, effective 8/1/89; 89-08-003 (Order 176), § 251-24-030, filed 3/23/89, effective 5/1/89; Order 61, § 251-24-030, filed 8/30/77, effective 10/1/77; Order 29, § 251-24-030, filed 1/22/74.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.