WSR 05-18-082



[ Filed September 7, 2005, 9:36 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 357-58-065 Definitions for WMS and 357-58-085 Can WMS salaries be set outside the minimum and maximum of an assigned management band?

Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin, Olympia, WA, on October 13, 2005, at 10:00 a.m.

Date of Intended Adoption: October 13, 2005.

Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694 (FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT"), by October 7, 2005.

Assistance for Persons with Disabilities: Contact Department of Personnel by October 7, 2005, TTY (360) 753-4107 or (360) 586-8260.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The modification to WAC 357-58-065 is the addition of the term "review period." The definition to this term was adopted in March 2005 but there was an error in the filing with the code reviser's office and this term was inadvertently left out. The modification to WAC 357-58-085 is also a correction from the same filing. When this section was adopted, it was adopted with the word "may" not "must not." Also the words "minimum or" are being deleted. This change allows employers to set salary outside the maximum (with approval from the director) but not below the minimum.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of Personnel, governmental.

Name of Agency Personnel Responsible for Drafting: Sandi Stewart, 521 Capitol Way South, Olympia, WA, (360) 664-6324; Implementation and Enforcement: Department of Personnel.

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

A cost-benefit analysis is not required under RCW 34.05.328.

September 6, 2005

Eva N. Santos


AMENDATORY SECTION(Amending WSR 05-12-068, filed 5/27/05, effective 7/1/05)

WAC 357-58-065   Definitions for WMS.   The following definitions apply to chapter 357-58 WAC:

(1) Competencies. Those measurable or observable knowledge, skills, abilities, and behaviors critical to success in a key job role or function.

(2) Dismissal. The termination of an individual's employment for disciplinary purposes.

(3) Employee. An individual working in the classified service. Employee business unit members are covered by chapter 357-43 WAC and defined in WAC 357-43-001.

(4) Evaluation points. Evaluation points are the points resulting from an evaluation of a position using the managerial job value assessment chart.

(5) Layoff unit. A clearly identified structure within an employer's organization within which layoff options are determined in accordance with the employer's layoff procedure. Layoff units may be a series of progressively larger units within an employer's organization.

(6) Management bands. Management bands are a series of management levels included in the Washington management service. Placement in a band reflects the nature of management, decision-making environment and policy impact, and scope of management accountability and control assigned to the position.

(7) Performance management confirmation. Approval granted by the director of the department of personnel to an employer allowing the employer to link individual employee performance to compensation or layoff decisions.

(8) Premium. Pay added to an employee's base salary on a contingent basis in recognition of special requirements, conditions, or circumstances associated with the job.

(9) Reassignment. A reassignment is an employer initiated movement of:

(a) a WMS employee from one position to a different position within WMS with the same salary standard and/or evaluation points; or

(b) a WMS position and its incumbent from one section, department, or geographical location to another section, department, or geographical location.

(10) Review period. The review period is a period of time that allows the employer an opportunity to ensure the WMS employee meets the requirements and performance standards of the position.

(((10))) (11) Salary standard. Within a management band a salary standard is the maximum dollar amount assigned to a position in those agencies that use a salary standard in addition to, or in place of, evaluation points.

(((11))) (12) Separation. Separation from state employment for nondisciplinary purposes.

(((12))) (13) Suspension. An absence without pay for disciplinary purposes.

(((13))) (14) Transfer. A WMS transfer is an employee initiated movement from one position to a different position with the same salary standard and/or same evaluation points.

(((14))) (15) Washington general service (WGS). Washington general service is the system of personnel administration that applies to classified employees or positions under the jurisdiction of chapter 41.06 RCW which do not meet the definition of manager found in RCW 41.06.022.

[Statutory Authority: Chapter 41.06 RCW. 05-12-068, 357-58-065, filed 5/27/05, effective 7/1/05.]

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.
AMENDATORY SECTION(Amending WSR 05-12-068, filed 5/27/05, effective 7/1/05)

WAC 357-58-085   Can WMS salaries be set outside the minimum and maximum of an assigned management band?   Compensation for a WMS position ((must not)) may be set outside the ((minimum or)) maximum of the assigned management band when allowed under any provision of this chapter or when approved by the department of personnel.

[Statutory Authority: Chapter 41.06 RCW. 05-12-068, 357-58-085, filed 5/27/05, effective 7/1/05.]

Washington State Code Reviser's Office