WSR 05-12-070PERMANENT RULES
DEPARTMENT OF PERSONNEL
[
Filed May 27, 2005,
11:13 a.m.
, effective July 1, 2005
]
Purpose: These rules pertain to the Washington
management service.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 05-04-089
on February
2, 2005.
Changes Other than Editing from Proposed to Adopted Version: WAC 357-58-255, as a result of discussions with
stakeholders it was determined that the reference to WAC 357-58-260 be changed to WAC 357-58-465.
WAC 357-58-260, as a result of discussions with
stakeholders it was determined that the language to be added
to distinguish between WGS and WMS. Also, removed the
language "Permanent WMS employees return rights following a
project appointment."
WAC 357-58-265, as a result of discussions with
stakeholders it was determined that the language be clarified
in this section to include the definition of an acting
appointment.
WAC 357-58-275, as a result of discussions with
stakeholders it was determined that the language in this
section be written and numbered to clarify the difference
between appointments within the same agency and appointments
in a different agency.
WAC 357-58-280, as a result of discussions with
stakeholders it was determined that this WAC be abolished and
that the review period be moved to the definitions section.
WAC 357-58-285, as a result of discussion with
stakeholders it was determined that the following language be
added "A review period must be served when" and also numbered.
WAC 357-58-300, as a result of discussion with
stakeholders it was determined that total leave without pay or
shared leave must not exceed 174 hours in order to not affect
the review period.
WAC 357-58-315, as a result of discussion with
stakeholders it was determined that the language be changed
from "appointing authorities" to "employers."
WAC 357-58-325, as a result of discussion with
stakeholders it was determined that the language be changed
from "appointing authorities" to "employers."
WAC 357-58-330, as a result of discussion with
stakeholders it was determined that the language be revised to
include serving a WGS probationary period concurrently with a
WMS review period.
WAC 357-58-355, as a result of discussion with
stakeholders it was determined that language be added to
include that an employee may request to voluntarily revert.
Removed the reference to WAC 357-58-345, 357-58-350, and
removed the last sentence which read "voluntary reversion
after thirty days is at the discretion of the employer."
WAC 357-58-365, as a result of discussion with
stakeholders it was determined that both the question and
answer be revised to clarify permanent status in classified
service and their reversion rights.
WAC 357-58-375, as a result of discussion with
stakeholders it was determined that language and numbering be
added to this section to help clarify what happens when
permanent WMS employees promote or demote to WGS and do not
complete the trial service period.
WAC 357-58-380, as a result of discussion with
stakeholders it was determined that this WAC be abolished.
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 31,
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 31,
Amended 0,
Repealed 0.
Date Adopted: March 10, 2005.
Eva N. Santos
Director
NEW SECTION
WAC 357-58-240
What are the notification requirements
for appointing an employee to a project WMS position?
An
employee appointed to a project WMS position must be notified,
in writing, of the status of the appointment and the expected
ending date of the position.
[]
NEW SECTION
WAC 357-58-245
Must an employee appointed to a project
position serve a review period?
An employee who does not have
permanent status in classified service must serve a review
period when appointed to a project WMS position. The employee
gains permanent status upon completion of the review period. Permanent employees who promote to a project WMS position
must serve a review period.
[]
NEW SECTION
WAC 357-58-250
Must an employee who transfers or
voluntarily demotes to a project WMS position serve a review
period?
An appointing authority may require an employee who
transfers or voluntarily demotes to a project WMS position to
serve a review period.
[]
NEW SECTION
WAC 357-58-255
May a permanent WMS employee accept a
project appointment within WMS and does the employee have any
return rights to his/her permanent WMS position?
A permanent
WMS employee may accept an appointment to a project WMS
position. Any right to return to the employee's permanent WMS
position is negotiable between the employer and employee and
must be agreed to prior to the employee accepting the project
position. If no return right is agreed to, the permanent
employee has the rights provided by WAC 357-58-465 upon layoff
from the project.
[]
NEW SECTION
WAC 357-58-260
What happens to employees in project WMS
positions at the conclusion of the project?
(1) At the
conclusion of an appointment to a project WMS position, the
layoff provisions of this chapter apply. (2) In addition to the layoff rights provided by this
chapter:
(a) A permanent status employee who left a permanent WGS
position to accept appointment to a project WMS position
without a break in service has the additional rights provided
by WAC 357-19-340; and
(b) A permanent status employee who left a permanent WMS
position may have additional rights negotiated under WAC 357-58-255.
[]
NEW SECTION
WAC 357-58-265
When may an agency make an acting WMS
appointment and what actions are required?
When necessary to
meet organizational needs, an agency may make nonpermanent
appointments in WMS. These appointments are called acting
appointments. Prior to the acting appointment, the appointing
authority must communicate in writing to the employee the
anticipated length, intent, salary, and other conditions of
the appointment.
[]
NEW SECTION
WAC 357-58-270
Does time in an acting appointment count
as time in the review period?
When an individual who is in an
acting WMS appointment is subsequently appointed to a
permanent WMS position, time spent in the acting appointment
may count towards the review period for the permanent WMS
position at the discretion of the appointing authority.
[]
NEW SECTION
WAC 357-58-275
May a permanent WMS employee accept an
acting WMS appointment and what are the employee's return
rights at the conclusion of the acting appointment?
Permanent
WMS employees may accept acting appointments to WMS positions. (1) When a permanent WMS employee has accepted an acting
appointment within the same agency and the acting appointment
ends, the agency must at a minimum provide the employee the
layoff rights of his/her permanent WMS position. If returning
to a permanent WMS position the employee's salary must not be
less than the salary of the previously held permanent WMS
position.
(2) When a permanent WMS employee has accepted an acting
appointment within a different agency, the original agency
must provide layoff rights as specified in subsection (1) of
this section for six (6) from the time the employee is
appointed. Any return right after six (6) months is
negotiable between the employee and agency and must be agreed
to prior to the employee accepting the nonpermanent
appointment. If the employee does not return on the agreed
upon date, the employee can request placement in the general
government transition pool per WAC 357-46-095.
(3) In lieu of the rights provided in subsection (1) and
(2) of this section, the agency and the employee may agree to
other terms.
[]
NEW SECTION
WAC 357-58-285
When must a WMS employee serve a review
period?
A review period must be served when: (1) A permanent employee promotes to a permanent WMS
position or
(2) An employee who does not have permanent status in the
classified service is appointed to a permanent WMS position.
[]
NEW SECTION
WAC 357-58-290
How long does the review period last?
Based on the nature of the job and the skills of the
appointee, the review period will be between twelve (12) and
eighteen (18) months as determined by the appointing
authority. At the time of the appointment, the appointing
authority will inform the appointee in writing of the length
of the review period.
[]
NEW SECTION
WAC 357-58-295
May a review period be extended beyond
the initial time period?
Employers may extend the review
period for an individual employee as long as the extension
does not cause the total period to exceed 18 months. The
employer must notify the employee in writing of the extension.
[]
NEW SECTION
WAC 357-58-300
Does time spent of leave without pay or
shared leave count towards completion of an employee's review
period?
Time spent of leave without pay or shared leave
counts towards completion of the employee's review period if
the total time does not exceed one hundred seventy-four (174)
hours. If the total time on leave without pay or shared leave
exceeds one hundred seventy-four (174) the employer determines
whether or not the time in excess of one hundred seventy-four
(174) hours will count towards completion of the review
period. The granting of leave shall be in compliance with
chapter 357-31 WAC and the Fair Labor Standards Act.
[]
NEW SECTION
WAC 357-58-305
When does a WMS employee attain permanent
status?
Upon successful completion of the review period, the
employee will attains permanent status in the position.
[]
Reviser's note: The unnecessary strikethrough 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 357-58-310
When may a WMS employee who transfers or
voluntarily demotes be required to serve a WMS review period?
An appointing authority may require an employee who transfers
or voluntarily demotes to serve a review period.
[]
NEW SECTION
WAC 357-58-315
When may an employee, who is promoted to
another WMS position, in a different agency, while serving a
review period, be required to serve a WMS review period?
An
employee who is promoted to a different WMS position in a
different agency during the review period will begin a new
review period for the new position. The new employer may
allow for some or all of the time served in the review period
for the prior position to count towards the review period.
The employee will not attain permanent status in the original
position in the former agency unless agreed to in writing by
the employers in both agencies.
[]
NEW SECTION
WAC 357-58-320
What happens when a WMS employee promotes
to a new WMS position within the same agency while serving in
a review period?
If a WMS employee is promoted to a different
WMS position in the same agency during the review period, the
following applies: (1) Time served in the initial review period counts
towards the review period of the new position if the employer
determines the positions are closely related.
(2) The review period starts over if the employer
determines the positions are not closely related.
[]
NEW SECTION
WAC 357-58-325
When may a probationary or trial service
period be served concurrently with the WMS review period?
An
employee who is appointed to a WMS position from a WGS
position in the same agency while serving a probationary or
trial service period in the same or similar occupational field
may serve the trial service or probationary period
concurrently with the review period. At the discretion of the
employer, the employee may attain permanent status in the
previous job classification once the original probationary or
trial service period concludes. The new employer may allow for some or all of the time
served in the review period for the prior position to count
towards the review period. The employee will not attain
permanent status in the original position in the former agency
unless agreed to in writing by the employers in both agencies.
[]
NEW SECTION
WAC 357-58-330
What happens when a general service
employee serving a probationary or trial service period is
appointed to a WMS position in a different agency?
If agreed
to in writing by the employers in both agencies, a WGS
employee who is appointed to a WMS position while serving in a
probationary or trial service period may serve the
probationary or trial service period concurrently with the WMS
review period. The employee will attain permanent status in
the original WGS position upon completion of the probationary
or trial service period.
[]
NEW SECTION
WAC 357-58-335
When a WMS employee is promoted in the
same position as a result of additional new duties, is a
review period required?
The agency may require a review
period when the employee remains in the same position and
receives a promotion as a result of additional new duties.
[]
NEW SECTION
WAC 357-58-340
When does reversion take place during a
review period?
During the review period, the appointing
authority may separate or revert the employee from the
position with written notification of the effective date.
[]
NEW SECTION
WAC 357-58-345
When a permanent WMS employee does not
complete the review period, what reversion rights does the
employee have?
When a WMS permanent employee is appointed to
a WMS position and reverted during the review period, the
current employing agency at the time of reversion must place
the employee in a vacant funded WMS position for which the
employee is qualified, and that is comparable to the
employee's position and salary prior to the last WMS
appointment. If no vacant funded positions are available, the
agency must place the employee in a WMS position for which the
employee is qualified and which is similar to the employee's
previous position and salary. If the reversion of the
employee causes the total number of employees to exceed the
total number of positions to be filled, the employer may
implement a layoff.
[]
NEW SECTION
WAC 357-58-350
When a permanent WGS employee does not
complete the review period for a WMS position, what reversion
rights does the employee have?
When a permanent WGS employee
is appointed to a WMS position and is reverted during the
review period, the employee has reversion rights with the
current employer at the time of reversion in accordance with
WAC 357-19-115, 357-19-117, and 357-19-120.
[]
NEW SECTION
WAC 357-58-355
Can an employee voluntarily revert during
a review period?
Within the first 30 calendar days of any
review period, an employee may request to voluntarily revert
to his/her former agency. If the former agency authorizes the
reversion, the agency must place the employee in a vacant
funded WMS position for which the employee is qualified, and
that is comparable to the employee's position and salary prior
to the last WMS appointment.
[]
NEW SECTION
WAC 357-58-360
May a reverted employee and an agency
come to mutual agreement on reversion placement?
Nothing in
this section precludes agencies and the reverted employee from
reaching mutual agreement on placement of a reverted employee
within the WMS or within the WGS if permitted by the
respective rules.
[]
NEW SECTION
WAC 357-58-365
Does a WMS employee who does not have
permanent status in the classified service have reversion
rights?
A WMS employee who is separated prior to completing
the review period and has not gained permanent status in the
classified service has no reversion rights.
[]
NEW SECTION
WAC 357-58-370
Are there any appeal rights for reversion
or separation during the review period?
Employees may not
appeal reversion or separation during the review period.
[]
NEW SECTION
WAC 357-58-375
When permanent WMS employees promote or
demote to positions in the general service and fail to
complete the trial service period what reversion rights do
permanent WMS employees?
(1) When a WMS permanent employee
promotes to a WGS position within the same agency and is
reverted during the trial service, the agency must place the
employee in a vacant funded WMS position for which the
employee is qualified, and that is comparable to the
employee's position and salary prior to the WGS appointment.
If no vacant funded positions are available, the agency must
place the employee in a WMS position for which the employee is
qualified and which is similar to the employee's previous
position and salary. If the reversion of the employee causes
the total number of employees to exceed the total number of
positions to be filled, the employer may implement a layoff. (2) When a WMS permanent employee demotes to a WGS
position in the same agency and is reverted during the trial
service period the agency must place the employee in a vacant
funded WMS position for which the employee is qualified and
with a salary that is equal to or less than the salary range
maximum of the class from which the employee is reverting. If
the reversion of the employee causes the total number of
employees to exceed the total number of positions to be
filled, the employer may implement a layoff.
(3) When a WMS permanent employee promotes or demotes to
a WGS position in a different agency and is reverted during
the trial service period, the employer may separate the
employee by providing fifteen (15) calendar days' written
notice. The employee may apply for the general government
transition pool.
[]
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 357-58-385
What is the responsibility of general
government employers to provide training and development to
WMS employees?
In addition to those responsibilities
identified in chapter 357-34 WAC, general government employers
must provide WMS development and training opportunities
specifically designed to refine and broaden managerial
knowledge and leadership competencies. Diversity, performance
management, and education for managing employees in a civil
service system must be part of this training. WMS employees
must complete the core curriculum on leadership competencies
as determined by the department of personnel within eighteen
(18) months of being appointed to a WMS position.
[]
NEW SECTION
WAC 357-58-390
What is the responsibility of WMS
managers?
In addition to those responsibilities identified in
chapter 357-34 WAC, WMS employees are responsible for seeking
out and fully participating in opportunities to enhance their
managerial knowledge and leadership competencies to implement
and emphasize performance management, model efficient
leadership in changing work situations, reduce potential
liability claims and manage in a civil service environment.
[]
NEW SECTION
WAC 357-58-395
What will be the role of the department
of personnel?
The department of personnel shall assist state
agencies by providing a quality developmental and leadership
training program and consultative and technical assistance to
help agencies address the development needs of their managers.
[]
NEW SECTION
WAC 357-58-400
How does each agency deal with
developmental needs of managers?
Each agency must ensure that
the development needs of managers are incorporated into the
agency's development and training plan. Each agency is
responsible for periodic evaluations of its plan.
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