EMERGENCY RULES
Date of Adoption: May 29, 2002.
Purpose: These modifications are needed as a result of SB 6628. This bill modifies the probationary and trial service periods for campus police officers.
Citation of Existing Rules Affected by this Order: Amending WAC 251-19-060 and 251-06-090.
Statutory Authority for Adoption: RCW 41.06.150.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: SB 6628 is effective June 13, 2002.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 2, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
Amended 0,
Repealed 0;
Pilot Rule Making:
New 0,
Amended 0,
Repealed 0;
or Other Alternative Rule Making:
New 0,
Amended 0,
Repealed 0.
Effective Date of Rule:
June 13, 2002.
May 29, 2002
E. C. Matt
Secretary
(a) During the current period of employment at the institution, permanent status has been held in the class to which the employee is moving, or
(b) The class is lower in that same class series, or
(c) The employee is being reallocated per the provisions of WAC 251-06-080, or
(d) The employee is moving to the class as part of a
recognized apprenticeship program as provided in WAC 251-19-140,
or((.))
(e) The employee is moving to the campus police officer class. The trial service period of a permanent employee moving to the campus police officer class or successor title shall extend from the date of appointment until twelve months following the successful completion of the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy or twelve months from the date of appointment if academy training is not required.
(2) A trial service period of six months shall be required upon employee movement as specified in WAC 251-19-110, except as provided in WAC 251-19-060 (1)(e).
(3) A trial service period shall be required upon appointment from an institution-wide promotional list as provided in WAC 251-18-180.
(4) A trial service period shall be required upon appointment from a statewide layoff list as provided in WAC 251-10-060.
(5) The trial service period provides the employing official an opportunity to observe and evaluate the new employee's work. Employees who do not perform satisfactorily during the trial service period may be reverted as follows:
(a) With preemptive rights to the former position in which permanent status was last held, or to a vacant position in that class (except when reversion is from a position the appointment to which was a result of disciplinary demotion or employee movement as specified in WAC 251-19-110). The personnel officer shall determine which position to preempt. However, if the employee was in a trial service appointment in another class prior to the current trial service period, the personnel officer may provide the employee the opportunity to complete the first interrupted trial service period.
(b) Reversion must be preceded by written notice at least one work day (eight hours), before the effective date.
(c) If the former position to which the employee has preemptive rights has been abolished and a vacant position in the class is not available, or if there is no class to which the reverted employee has preemptive rights, the affected employee shall be accorded such bumping rights and placement on layoff lists as would be provided in layoff from his/her former class.
(6) Reversion from trial service must be preceded by:
(a) Written notice detailing deficiencies in performance, which shall include the specific changes required; and
(b) A reasonable opportunity to overcome identified deficiencies.
(7) An employee who is reverted may appeal to the personnel appeals board regarding:
(a) Whether the employer complied with the requirements of subsection (6) of this section; and
(b) Whether the claimed deficiencies existed at the time of reversion.
(8) In the event an employee is on leave without pay status and/or shared leave for more than ten work days during the trial service period, the completion date of the trial service period shall be extended by an amount of time equal to the period of leave without pay and/or shared leave.
(9) Successful completion of the trial service period shall result in permanent status in the class.
(10) Salary and periodic increment date shall be determined as follows:
(a) Upon promotional trial service appointment, the salary shall be established as provided in WAC 251-08-110; and the existing periodic increment date shall be eliminated and a new date established to be effective the date of completion of trial service;
(b) Upon trial service reversion the salary shall be established as provided in WAC 251-08-115 and the former periodic increment date shall be reestablished;
(c) Upon trial service appointment to a class at the same salary level, the salary and periodic increment date shall remain unchanged.
[Statutory Authority: RCW 41.06.150. 99-19-118, § 251-19-060, filed 9/21/99, effective 11/1/99; 98-19-035, § 251-19-060, filed 9/10/98, effective 10/12/98; 97-01-065, § 251-19-060, filed 12/13/96, effective 1/13/97. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-078, § 251-19-060, filed 9/14/93, effective 10/1/93. Statutory Authority: RCW 28B.16.100. 88-02-018 (Order 165), § 251-19-060, filed 12/30/87, effective 2/1/88.]
(2) The director will prepare and revise for board adoption on a class-by-class basis any probationary periods which exceed six months. Procedures for requesting extended probationary periods will be developed by the director.
(3) Classes with longer probationary periods will be identified in the classification plan.
(4) When the probationary period for a class is approved for longer than six months, the longer period shall apply only to eligibles appointed after the effective date of the board's action.
[Statutory Authority: RCW 41.06.150. 98-19-035, § 251-06-090, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 28B.16.100. 82-16-002 (Order 98), § 251-06-090, filed 7/22/82, effective 9/1/82.]
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