WSR 02-14-039



[ Filed June 26, 2002, 3:37 p.m. ]

Original Notice.

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

Title of Rule: WAC 356-03-010 Exemptions.

Purpose: This rule deals with exemptions.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: SHB 1268 removes exempt authority from the Washington Personnel Resources Board. This authority will be the director of the Department of Personnel.

Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; 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 due to the passage of the civil service reform bill (SHB 1268). This rule deals with positions that are exempt from civil service rules. SHB 1268 removes exempt authority from the Washington Personnel Resources Board. This authority will be with the director of Department of Personnel.

Proposal Changes the Following Existing Rules: See above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on August 14, 2002, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by August 7, 2002, TDD (360) 753-4107, or (360) 586-8260.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by August 12, 2002.

Date of Intended Adoption: August 14, 2002.

June 26, 2002

E. C. Matt, Director

Department of Personnel

WAC 356-03-010   Exemptions.   (1) The provisions of this chapter do not apply to positions specifically exempted in individual agency statutes, positions listed in RCW 41.06.070(1), and to the following:

(a) Officers, academic personnel, employees of state institutions of higher education, and the state board for community and technical colleges;

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

(c) Part-time local health officers;

(d) 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;

(e) 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.

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

(g) 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.

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

(2) In addition, the director may provide for further exemptions pursuant to the following procedures. The governor or other appropriate elected official may submit requests for exemption to the director stating the reasons for requesting such exemptions. The director shall hold a public hearing after proper notice. If the director determines that the position for which exemption 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 director shall grant the request and such determination shall be final. The total number of additional exemptions permitted under this subsection is as specified in RCW 41.06.070(3).

(3) The salary and fringe benefits of all positions presently or hereafter exempted except for those specified in RCW 41.06.070 (3) and (1)(b) through (h) of this rule, shall be determined by the director. Changes to the classification plan affecting exempt salaries must meet the same provisions for classified salary increases resulting from adjustments to the classification plan as outlined in RCW 41.06.152.

(a) All agencies under the director's salary authority shall use the exempt management service band and salary structure according to the following:

(i) The creation and band establishment of any positions to be newly exempted must be brought to the director for consideration through the normal director's meeting process, including an approved fiscal impact statement.

(ii) Request to band existing exempt positions shall follow the guidelines established by the department of personnel.

(iii) Agencies shall band existing exempt positions after receiving approval of their proposal by the director.

(iv) Following the implementation of banding, any movement of a position to a different band is subject to approval by the director. In addition, adjustments to any exempt position greater than ten percent for any single adjustment or cumulative adjustments of greater than twenty percent over the life of the position must be brought to the director for review and approval prior to implementation.

(A) Exceptions to these maximum adjustment percentages include legislatively approved increases, job reevaluations resulting in higher evaluation points, and increases to bring a salary to the band minimum.

(4) Any classified employee whose position is exempted or who accepts an appointment in an exempt position shall have the right of reversion as specified in RCW 41.06.070(3).


Washington State Code Reviser's Office