WSR 05-01-192

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed December 21, 2004, 3:15 p.m. , effective July 1, 2005 ]


     

     Purpose: These rules address temporary appointments for higher education employees.

     Statutory Authority for Adoption: Chapter 41.06 RCW.

      Adopted under notice filed as WSR 04-16-113 on August 4, 2004.

     Changes Other than Editing from Proposed to Adopted Version: WAC 357-19-440(2), as a result of discussions with stakeholders, language has been added to this subsection to address higher education temporary appointments.

     WAC 357-19-444(1), as a result of discussions with stakeholders, language has been changed in this subsection to address the notification a higher education employer must give to a temporary appointee.

     WAC 357-19-444 (2)(c), as a result of discussions with stakeholders, the following language has been added to this subsection, "The anticipated."

     WAC 357-19-444 (2)(e)(f), as a result of discussions with stakeholders, language has been changed in these subsections to address written notification.

     WAC 357-19-444 (3)(4), as a result of discussions with stakeholders, language has been added in these subsections to address written notice of temporary appointments.

     WAC 357-19-446, as a result of discussions with stakeholders, this WAC was filed but not adopted. A withdrawal has been filed.

     WAC 357-19-447, as a result of discussions with stakeholders, language has been changed in this section to address appeal rights of individuals in higher education temporary appointments.

     WAC 357-19-448, as a result of discussions with stakeholders, language has been added in this section, "calendar" days.

     WAC 357-19-450, as a result of discussions with stakeholders, the original filing of subsection (1) has been removed and new language was added in subsections (2) and (3).

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 11, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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 11, Amended 0, Repealed 0.

     Date Adopted: July 29 [September 9], 2004.

E. C. Matt

Director


NEW SECTION
WAC 357-01-327   Temporary appointment.   An appointment made by a higher education employer under the provisions of WAC 357-19-435.

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NEW SECTION
WAC 357-19-435   For what reasons may a higher education employer make a temporary appointment?   A higher education employer may make a temporary appointment for the following reasons:

     (1) The number of hours to be worked by the individual will not exceed one thousand fifty hours in any twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, in accordance with WAC 357-04-045; or

     (2) The employing official formally assigns a classified employee the duties and responsibilities of a higher-level class for a period of less than six (6) consecutive months.

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NEW SECTION
WAC 357-19-440   What provisions govern higher education temporary appointments?   (1) Temporary appointments may be made without regard to rules on recruitment, assessment, and certification as provided in chapter 357-16 WAC.

     (2) Each higher education employer must develop for director approval a procedure which indicates the employer's system for controlling and monitoring exempt part-time and temporary positions as identified in WAC 357-04-045. The procedure must include a mechanism to access and report hours worked by an individual temporary employee.

     (3) A higher education employer may petition the director in writing for approval of exceptions to the one thousand fifty (1050) hours threshold as specified in WAC 357-19-435(1).

     (4) No temporary appointment shall take the place of employees laid off under the provisions of WAC 357-46-010.

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NEW SECTION
WAC 357-19-441   What provisions of civil service rules apply to individuals in temporary appointments?   (1) Individuals appointed to temporary appointments under the provisions of WAC 357-19-435(1) are exempt from the civil service rules except for the provisions of remedial action as provided in WAC 357-04-045 and 357-19-450.

     (2) Employees temporarily assigned higher level duties under the provisions of WAC 357-19-435(2) are classified employees and as such are covered by the civil service rules.

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NEW SECTION
WAC 357-19-442   What happens to an employee's salary and periodic increment date when he/she is temporarily appointed to the higher level class under provisions of WAC 357-19-435(2)?   Upon temporary appointment under the provisions the WAC 357-19-435(2), the employee's base salary is determined in accordance with WAC 357-28-110 and his/her periodic increment date is unchanged.

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     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 357-19-443   Does a permanent employee who is temporarily appointed to a higher level class under the provision of WAC 357-19-435(2) have the right to resume a position at the conclusion of the temporary appointment?   At the conclusion of a temporary appointment to a higher level class under the provisions of WAC 357-19-435(2), a permanent employee has a right to resume a position in the class the employee was in prior to the temporary appointment. Upon return to a position in the prior class, the employee's base salary is reinstated and the employee is credited with any increment increases that would have occurred had the employee not been temporarily appointed to a higher class.

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NEW SECTION
WAC 357-19-444   What notification must a higher education employer give to a temporary appointee?   (1) Prior to the start of a temporary appointment, the temporary appointee must be notified in writing of the conditions of the appointment.

     (2) The written notification must contain the following information regarding the condition of the appointment:

     (a) The reason for the temporary appointment (see WAC 357-19-435);

     (b) The hours of work and the hourly rate of pay;

     (c) The anticipated duration of appointment;

     (d) A statement regarding the receipt or non-receipt of benefits;

     • If the appointee is eligible to receive benefits, the statement must identify which benefits will be received.     (e) The employee's original date of hire in a temporary appointment under the provisions of WAC 357-19-435(1); and

     (f) The right to request remedial action as provided in WAC 357-19-448 and 357-19-450.

     (3) For purposes of this rule, written notice of the conditions of temporary appointment must be provided as follows:

     (a) By personal delivery, United States mail, or by telephone facsimile transmission with same-day mailing of copies; or

     (b) By using alternative methods such as e-mail, campus mail, the state mail service, or commercial parcel delivery.

     (4) Service of the notice is considered to be completed:

     (a) When personal delivery has been accomplished;

     (b) Upon deposit in the United States mail, properly stamped and addressed;

     (c) Upon production by telephone facsimile transmission of confirmation of the transmission; or

     (d) If an alternative method of delivery was used, when the notice is received by the temporary appointee.

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NEW SECTION
WAC 357-19-445   What records must higher education employers maintain for individuals in temporary appointments?   Higher education employers must maintain records of the information contained in WAC 357-19-444 for individuals in temporary appointments.

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NEW SECTION
WAC 357-19-447   What are the appeal rights of individuals in higher education temporary appointments?   The right to appeal for individuals appointed to higher education temporary appointments is limited to remedial action as provided in WAC 357-19-450.

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NEW SECTION
WAC 357-19-448   How does an individual in a higher education temporary appointment request remedial action?   Requests for remedial action must be received in writing within thirty (30) calendar days as provided in chapter 357-49 WAC. Following a director's review of the remedial action request, an employee may file exceptions to the director's decision in accordance with chapter 357-52 WAC.

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NEW SECTION
WAC 357-19-450   When may the director take remedial action for individuals in higher education temporary appointments and what does remedial action include?   For individuals in higher education temporary appointments under the provisions of WAC 357-19-435(1), the director may take remedial action to confer permanent status, set base salary, and establish seniority when it is determined that the following conditions exist:

     (1) The employee has worked in one or more positions for more than one thousand fifty hours in any twelve consecutive month period since the original hire date or October 1, 1989, whichever is later. (Overtime and time worked as a student employee under the provisions of WAC 357-04-040 are not counted in the one thousand fifty (1050) hours.)

     (2) The position or positions are subject to civil service.

     (3) The employee has not taken part in any willful failure to comply with these rules.

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