Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-01-015 Affirmative action plan, 357-01-110 Director, 357-04-065 What are the duties of the board?, 357-04-070 What are the powers and duties of director?, 357-13-025 What criteria must be met in order for the director to adopt revisions or salary adjustments to the classification plan?, 357-13-075 Must the notice of reallocation inform the employee of the right to request a director's review of the reallocation?, 357-13-080 Can an employee request a director's review of a position review or reallocation of the employee's position?, 357-13-085 How is the effective date of a reallocation determined?, 357-13-090 How is an employee affected when his/her position is reallocation?, 357-16-005 What is the department of enterprise services' role in recruiting applicants and assessing candidates for positions in the classified service?, 357-16-010 What authority do general government employers have to recruit applicants, assess candidates, and certify candidates for hiring consideration?, 357-16-015 What authority do higher education employers have to recruit applicants, assess candidates, and certify candidates for hiring consideration?, 357-16-020 Who is responsible for determining what recruitment methods are appropriate to meet the hiring needs of the employer?, 357-16-030 For affirmative action purposes, may employers add job seekers who are affected group members to applicant pools?, 357-16-155 Can an eligible's name be removed from an applicant or candidate pool for a class or all classes in a class series?, 357-16-160 Must an applicant or candidate who has been removed for good and sufficient reason per WAC 357-16-155 be notified of the removal?, 357-16-175 To whom and by when must an applicant or candidate request a review of the results of an examination or removal from an applicant or candidate pool?, 357-19-525 What are the employer's responsibilities for return-to-work?, 357-22-025 What information must be sent from one employer to another when an employee changes employers within state government?, 357-25-015 Who administers the statewide affirmative action program?, 357-25-020 What are the administrative responsibilities of the director's office?, 357-25-025 What are the policy statement requirements that employers must comply with for the purpose of chapter 357-25 WAC?, 357-25-030 What are the affirmative action reporting requirements that employers must comply with for purposes of chapter 357-25 WAC?, 357-28-029 When making a special pay request for higher education, what information must the requesting party provide?, 357-28-130 How is an employee's base salary determined if the director creates, abolishes, or revises a class?, 357-31-230 When can an employee use accrued compensatory time?, 357-31-645 Who will administer the uniformed service shared leave pool?, 357-34-090 Who provides the required supervisory or managerial training?, 357-34-100 How often are general government employees required to complete sexual harassment awareness and prevention training?, 357-34-105 How often are general government managers and supervisors required to complete additional sexual harassment awareness and prevention training?, 357-34-110 Under what circumstances may the general government employer waive the required sexual harassment awareness and prevention training for a new employee?, 357-34-115 What must be included in the required sexual harassment awareness and prevention training?, 357-34-120 Who provides the required sexual harassment awareness and prevention training?, 357-46-100 Who administers and establishes operating procedures for the general government transition pool program?, 357-46-135 What causes an individual's name to be removed from a layoff list?, 357-46-145 To whom or by when must an individual request a review of the removal from an internal or statewide layoff list?, 357-49-010 For what actions may an individual request a director's review?, 357-52-030 Are standardized forms available for filing appeals?, 357-58-015 Who is authorized to adopt rules for the WMS?, 357-58-032 What is the requirement for agencies to develop procedures which address determining inclusion in WMS and evaluating positions for placement within the management bands?, 357-58-050 What chapters of civil service rules apply to WMS positions?, 357-58-055 What civil service rules do not apply to WMS?, 357-58-065 Definitions for WMS, 357-58-075 What is the requirement for agencies to develop compensation policies?, 357-58-080 How are positions assigned to the management bands?, 357-58-085 Can WMS salaries be set outside the maximum of an assigned management band?, 357-58-105 When can exceptions to the progression increase limits be made?, 357-58-130 Do salary increases greater than five percent for a group of employees need approval?, 357-58-135 Who can provide lump sum performance recognition payment to employees?, 357-58-140 Is there a limit to the amount an employee can receive for performance recognition pay?, 357-58-395 What will be the role of the department of enterprise services?, 357-58-430 How does an employer receive performance management confirmation which enables them to factor performance into compensation and layoff decisions for WMS employees?, 357-58-435 What elements will the director evaluate to determine if an employer should be granted performance recognition confirmation?, 357-58-515 When a WMS employee disagrees with an employer's action, can the employee request the employer reconsider the action that was taken?, 357-58-546 What is the director's authority to review actions taken by an agency under chapter 357-58 WAC or to audit an agency's WMS processes?, and 357-58-565 What mechanism must be used to report WMS inclusion and evaluation activities?

     Hearing Location(s): Office of Financial Management, 521 Capitol Way South, Olympia, WA, on November 10, 2011, at 8:30 a.m.

     Date of Intended Adoption: November 10, 2011.

     Submit Written Comments to: Connie Goff, Office of Financial Management, P.O. Box 47500, e-mail Connie.Goff@OFM.WA.GOV, fax (360) 586-4694, by November 3, 2011. FOR OFM TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact office of financial management by November 3, 2011, TTY (360) 753-4107 or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Part IV of ESSB 5931 (consolidation bill) transfers powers and duties from the department of personnel (DOP) to the office of financial management (OFM) or to the department of enterprise services (DES). Some of the proposed modifications below reflect the necessary changes to transfer these powers and duties.

     We searched TITLE 357 WAC for all references to "department," "department of personnel," and "director." We have determined which references to "department" and "department of personnel" should be changed to OFM, director's office (meaning director's office within OFM), or to DES, or if the rule should be moved under the jurisdiction of one of these agencies. We are changing the definition of "director" to reflect the new definition found in RCW 41.06.020 therefore it is not necessary to change all references to "director" found in TITLE 357 WAC. We are also cleaning up references to RCWs that have been repealed or decodified by ESSB 5931.

     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:

     Name of Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, (360) 664-6408; Implementation and Enforcement: Office of financial management.

     No small business economic impact statement has been prepared under chapter 19.85 RCW.

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

October 5, 2011

Eva N. Santos

State Human

Resources Director

OTS-4292.1

AMENDATORY SECTION(Amending WSR 05-01-204, filed 12/21/04, effective 7/1/05)

WAC 357-01-015   Affirmative action plan.   Results-oriented programs to which employers commit their good faith efforts to attain and maintain equal employment opportunity. Guidelines for development of affirmative action plans are established by the ((department)) director's office and are consistent with requirements set forth by federal Executive Order 11246 and Affirmative Action Guidelines issued by the U.S. Departments of Labor and Justice.

[Statutory Authority: Chapter 41.06 RCW. 05-01-204, § 357-01-015, filed 12/21/04, effective 7/1/05.]

OTS-4291.1

AMENDATORY SECTION(Amending WSR 05-01-204, filed 12/21/04, effective 7/1/05)

WAC 357-01-110   Director.   ((Director of the department of personnel.)) State human resources director within the office of financial management.

[Statutory Authority: Chapter 41.06 RCW. 05-01-204, § 357-01-110, filed 12/21/04, effective 7/1/05.]

OTS-4293.1

AMENDATORY SECTION(Amending WSR 04-15-017, filed 7/8/04, effective 7/1/05)

WAC 357-04-065   What are the duties of the board?   The board is composed of three members appointed by the governor and confirmed by the senate as provided in RCW 41.06.110.

     (1) The board must annually elect a chair and vice chair from among its members to serve one year.

     (2) The board must conduct business in accordance with RCW 41.06.120.

     (3) The board is responsible for:

     (a) ((Adopting rules that establish goals for the classification plan, define)) Defining criteria for exemption from the civil service rules((, and establish a training requirement for employees appointed to a supervisory or management position)) as provided in RCW 41.06.070(1).

     (b) Hearing and determining employee appeals in accordance with chapter 357-52 WAC.

     (((c) Prioritizing and adopting class studies and salary adjustments under the provisions of RCW 41.06.152(2).))

[Statutory Authority: Chapter 41.06 RCW. 04-15-017, § 357-04-065, filed 7/8/04, effective 7/1/05.]

OTS-4294.1

AMENDATORY SECTION(Amending WSR 05-01-203, filed 12/21/04, effective 7/1/05)

WAC 357-04-070   What are the powers and duties of the director?   (1) The director ((of personnel)) is appointed by the governor under the provisions of ((RCW 41.06.130)) chapter 43, Laws of 2011.

     (2) The director ((directs and supervises all the department of personnel's administrative and technical activities in accordance with the provisions of chapter 41.06 RCW and the civil service rules)) may delegate to any general government agency the authority to perform administrative and technical personnel activities if the general government agency requests such authority and the director is satisfied that the general government agency has the personnel management capabilities to effectively delegate activities.

     (3) The director shall prescribe standards and guidelines for the performance of delegated activities.

     (4) The director is responsible for:

     (a) Adopting rules consistent with the purposes and provisions of the state civil service law and the best standards of personnel administration.

     (b) Auditing and reviewing the personnel administration and management at each agency, institution of higher education, and related higher education board periodically and at other such times as may be necessary.

     (c) Adopting and revising as necessary a comprehensive classification plan for all positions in the classified service. In adopting the revisions, the director must comply with RCW 41.06.152, ((41.06.150(4))) chapter 43, Laws of 2011, and chapter 43.88 RCW.

     (((d) Adopting and revising as necessary a state salary schedule in accordance with RCW 41.06.133(10).))

[Statutory Authority: Chapter 41.06 RCW. 05-01-203, § 357-04-070, filed 12/21/04, effective 7/1/05.]

[]

OTS-4295.1

AMENDATORY SECTION(Amending WSR 08-07-062, filed 3/17/08, effective 4/18/08)

WAC 357-13-025   What criteria must be met in order for the director to adopt revisions or salary adjustments to the classification plan?   (1) The following ((three)) criteria must be met for the director to adopt revisions or salary adjustments to the classification plan:

     (a) ((Implementation of the proposed revision or salary adjustment will result in net cost savings, increased efficiencies, or improved management of personnel or services;

     (b))) The office of financial management has reviewed the fiscal impact statement of the affected employer and concurs that the biennial cost of the revision or salary adjustment is absorbable within the employer's current authorized level of funding for the current fiscal biennium and subsequent fiscal biennia; and

     (((c))) (b) The revision or salary adjustment is due to one of the following causes, as defined by the director in the classification and pay guidelines:

     (i) Documented recruitment or retention difficulties;

     (ii) Salary compression or inversion;

     (iii) Classification plan maintenance;

     (iv) Higher level duties and responsibilities; or

     (v) Inequities.

     (2) The provisions of subsection (1)(((b) and (1)(c))) of this section do not apply to the higher education hospital special pay plan or to any adjustments to the classification plan that are due to emergency conditions requiring the establishment of positions necessary for the preservation of the public health, safety, or general welfare.

[Statutory Authority: Chapter 41.06 RCW. 08-07-062, § 357-13-025, filed 3/17/08, effective 4/18/08; 07-17-127, § 357-13-025, filed 8/20/07, effective 9/20/07; 05-01-201, § 357-13-025, filed 12/21/04, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-01-201, § 357-13-075, filed 12/21/04, effective 7/1/05.]

     (((2) When an employee's position is reallocated to a class with the same salary range maximum based upon the director implementing a new classification plan under the provisions of RCW 41.06.136, an employee does not have the right to request a director's review. The employee may request a position review in accordance with the provisions of WAC 357-13-065. Following the position review, the employee may request a director's review of the results of the position review per WAC 357-49-010.))

[Statutory Authority: Chapter 41.06 RCW. 05-01-201, § 357-13-080, filed 12/21/04, effective 7/1/05.]

     (1) The effective date of a reallocation resulting from the director's ((implementation or)) revisions to the classification plan is the effective date of the director's action.

     (2) The effective date of an employer-initiated reallocation is determined by the employer. Notice of a reallocation to a class with a lower salary range maximum must be provided in accordance with WAC 357-13-070.

     (3) The effective date of a reallocation resulting from an employee request for a position review is the date the request was filed with the employer unless the result of the position review is a reallocation to a class with a lower salary range maximum. Notice of reallocation to a class with a lower salary range maximum must be provided in accordance with WAC 357-13-070.

     (4) The effective date of a reallocation to a class with a lower salary range maximum resulting from a director's review determination to reallocate to a lower classification than the employer's determination is thirty calendar days from the date of the director's determination unless the review determination is appealed to the ((personnel resources)) board. The effective date of a reallocation to a class with a lower salary range maximum resulting from a board order to reallocate to a lower classification than the employer's determination is thirty calendar days from the date of the board's order.

[Statutory Authority: Chapter 41.06 RCW. 10-23-042, § 357-13-085, filed 11/10/10, effective 12/13/10; 05-01-201, § 357-13-085, filed 12/21/04, effective 7/1/05.]

This table is used to determine how an employee whose position is reallocated is affected.
	Employee's position reallocated to:
	Class with a higher salary range maximum	Class with an equal salary range maximum	Class with a lower salary range maximum
Reallocation results from:
A position review requested by the employee or initiated by the employer	If the employee has performed the higher level duties for at least six months and meets the competencies and other position requirements:	If the employee meets the competencies and other position requirements:	If the employee meets the competencies and other position requirements and chooses to remain in the reallocated position:
	-> The employee remains in the position and is appointed with permanent status provided the probationary or trial service period for the class to which the position is reallocated is six months in duration. If the probationary period or trial service period is longer than six months and the employee has not performed higher level duties for the length of the probationary period or trial service period, the employer may require the employee serve the remainder of the probationary or trial service period before gaining permanent status in the reallocated position. If the reallocation is the result of a change in the duties of the position and the employee has not performed the higher level duties for six months or more:	-> The employee remains in the position and retains existing appointment status.	-> The employee retains appointment status; has the right to be placed on the employer's internal layoff list; and has his/her salary set in accordance with WAC 357-28-120.
	-> The employer must give the employee the opportunity to compete for the position. The employer may choose to promote the employee without competition as long as the employee meets the competencies and any other position requirements.	-> The employee retains the previous base salary in accordance with WAC 357-28-120.	If the employee chooses to vacate the position or does not meet the competencies and other position requirements:
	If the employee is not selected for the position, the employer's layoff procedure applies. If the employee is appointed and he/she has already gained permanent status, the employee must serve a trial service period. If the employee has not completed the probationary period, then the new trial service period will overlap provided the higher and lower classes are in the same or a closely related field. If the classes are not in the same or closely related field, then the employee will start their probationary period over in the new class.	If the employee does not meet the competencies and other position requirements:	-> The employer's layoff procedure applies.
	Upon appointment to the higher class, the employee's base salary must be increased a minimum of a two step increase, not to exceed the top step of the range as provided in WAC 357-28-115.	-> The employer's layoff procedure applies.
The director ((implementing a new classification plan under provisions of RCW 41.06.136 or)) revising the classification plan.	The employee remains in the position and keeps existing appointment status. See WAC ((357-28-125 and)) 357-28-130 for determining the employee's salary.

[Statutory Authority: Chapter 41.06 RCW. 06-23-090, § 357-13-090, filed 11/14/06, effective 12/18/06; 05-12-088, § 357-13-090, filed 5/27/05, effective 7/1/05; 05-01-201, § 357-13-090, filed 12/21/04, effective 7/1/05.]

OTS-4297.2

AMENDATORY SECTION(Amending WSR 05-01-200, filed 12/21/04, effective 7/1/05)

WAC 357-16-005   What is the ((department's)) department of enterprise services' role in recruiting applicants and assessing candidates for positions in the classified service?   On the behalf of employers, the department of enterprise services may recruit applicants, assess candidates, create candidate pools, and assist with the certification of candidates for positions in the classified service.

[Statutory Authority: Chapter 41.06 RCW. 05-01-200, § 357-16-005, filed 12/21/04, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-01-200, § 357-16-010, filed 12/21/04, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-01-200, § 357-16-015, filed 12/21/04, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-01-200, § 357-16-020, filed 12/21/04, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-01-200, § 357-16-030, filed 12/21/04, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 09-11-063, § 357-16-155, filed 5/14/09, effective 6/16/09; 05-01-200, § 357-16-155, filed 12/21/04, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 06-03-071, § 357-16-160, filed 1/12/06, effective 2/13/06; 05-01-200, § 357-16-160, filed 12/21/04, effective 7/1/05.]

     (2) If the employer is responsible for the removal of an individual's name from an applicant or candidate pool for good and sufficient reason, the request for review under the provisions of WAC 357-16-170 must be made to the employer. If the director's office is responsible for the removal of an individual's name from an applicant or candidate pool for good and sufficient reason, the request for review will be under the provisions of WAC 357-49-010.

     (3) The request for a review must be received at the employer's office or the director's office within twenty calendar days following notice of the action for which a review is requested.

[Statutory Authority: Chapter 41.06 RCW. 05-01-187, § 357-16-175, filed 12/21/04, effective 7/1/05.]

OTS-4298.1

AMENDATORY SECTION(Amending WSR 05-01-206, filed 12/21/04, effective 7/1/05)

WAC 357-19-525   What are the employer's responsibilities for return-to-work?   Each employer must:

     (1) Adopt a written return-to-work policy ((and submit a copy to the department)).

     (2) Designate an employer representative to be responsible for coordinating the employer's return-to-work program.

     (3) Provide information on the employer's return-to-work policy to employees.

     (4) Provide training of appropriate supervisors on implementation of the employer return-to-work policy, including but not limited to assessment of the appropriateness of the return-to-work job for the employee; general knowledge of available return-to-work options((,)) and resources available((; and awareness that the return-to-work program expects cooperation and participation by all employers)).

     (5) Coordinate participation of applicable employee assistance programs, as appropriate.

     (6) If possible, provide time-limited opportunities to employees who are in the return-to-work program.

[Statutory Authority: Chapter 41.06 RCW. 05-01-206, § 357-19-525, filed 12/21/04, effective 7/1/05.]

OTS-4299.1

AMENDATORY SECTION(Amending WSR 05-01-198, filed 12/21/04, effective 7/1/05)

WAC 357-22-025   What information must be sent from one employer to another when an employee changes employers within state government?   When an employee accepts an appointment with a different employer, the most recent former employer must provide employee information to the new employer in a transmittal package ((developed)) specified by the ((department)) director's office.

[Statutory Authority: Chapter 41.06 RCW. 05-01-198, § 357-22-025, filed 12/21/04, effective 7/1/05.]

OTS-4300.1

AMENDATORY SECTION(Amending WSR 05-01-197, filed 12/21/04, effective 7/1/05)

WAC 357-25-015   Who administers the statewide affirmative action program?   The ((department)) director's office is responsible for administering the statewide affirmative action program((. The department provides)) and providing technical assistance to employers in the development and implementation of affirmative action plans, updates, and programs.

[Statutory Authority: Chapter 41.06 RCW. 05-01-197, § 357-25-015, filed 12/21/04, effective 7/1/05.]

     (1) Establishes guidelines to assist in developing and implementing affirmative action plans;

     (2) Provides the essential data for determining availability of affected groups;

     (3) Reviews and approves the technical aspect of affirmative action plans and updates;

     (4) ((Assists in recruiting affected group members, including targeted recruitment when the representation of affected group members is less than its availability;

     (5))) Reviews the progress of employers in meeting goals and addressing problems identified in affirmative action plans and programs; and

     (((6))) (5) Reviews statewide employment trends for general government such as appointment, promotion, transfer, terminations, and formal disciplinary actions for adverse impact, as necessary.

[Statutory Authority: Chapter 41.06 RCW. 05-01-197, § 357-25-020, filed 12/21/04, effective 7/1/05.]

OTS-4301.1

AMENDATORY SECTION(Amending WSR 07-23-010, filed 11/8/07, effective 12/11/07)

WAC 357-25-025   What are the policy statement requirements that employers must comply with for the purpose of chapter 357-25 WAC?   (1) All employers must maintain:

     (a) An affirmative action and equal employment opportunity policy statement; and

     (b) Policy statements on sexual harassment and reasonable accommodation.

     (2) The employer's affirmative action and equal employment opportunity policy statement must be reviewed and approved by the head of the agency, institution, or related higher education board each year. The policy statements on sexual harassment and reasonable accommodation must be updated as needed.

     (((3) Agencies as defined in RCW 41.06.020 must submit their sexual harassment policy as follows:

     (a) Agencies with fifty or more full time equivalent employees must submit their policy to the department with the employer's affirmative action plan and affirmative action plan update.

     (b) Agencies with twenty-five to forty-nine full time equivalent employees must submit their policy to the department with their small agency workforce profile.

     (c) Agencies with fewer than twenty-five full time equivalent employees must submit their policy to the department at least every two years.))

[Statutory Authority: Chapter 41.06 RCW. 07-23-010, § 357-25-025, filed 11/8/07, effective 12/11/07; 05-01-197, § 357-25-025, filed 12/21/04, effective 7/1/05.]

OTS-4351.1

AMENDATORY SECTION(Amending WSR 05-01-197, filed 12/21/04, effective 7/1/05)

WAC 357-25-030   What are the affirmative action reporting requirements that employers must comply with for purposes of chapter 357-25 WAC?   Employers must report affirmative action information to the ((department)) director's office as follows:

     (1) If an employer has federal affirmative action reporting obligations, the employer must submit an affirmative action plan on a two-year cycle as set by the ((department)) director's office.

     (2) If the employer does not have federal affirmative action reporting obligations, the reporting requirements depend upon the employer's size.

     (a) Employers with 25 - 49 full-time equivalent (FTE) employees must submit a small agency/institution workforce profile annually.

     (b) Employers with 50 or more FTE employees must submit an affirmative action plan on a four-year cycle as set by the ((department)) director's office, with an update to the affirmative action plan two years into the cycle.

[Statutory Authority: Chapter 41.06 RCW. 05-01-197, § 357-25-030, filed 12/21/04, effective 7/1/05.]

OTS-4302.2

AMENDATORY SECTION(Amending WSR 07-03-050, filed 1/12/07, effective 2/15/07)

WAC 357-28-029   When making a special pay request for higher education, what information must the requesting party provide ((department of personnel staff))?   It is the responsibility of the requesting party to provide ((department of personnel)) the director's staff with information necessary to make a recommendation to the director. Information to be provided must include:

     (1) Data supporting the pay practice in the locality of the institution for which the request is being made; ((and))

     (2) Rationale supporting the request; and

     (3) When applicable, data showing recruitment/retention difficulty.

[Statutory Authority: Chapter 41.06 RCW. 07-03-050, § 357-28-029, filed 1/12/07, effective 2/15/07.]

OTS-4303.1

AMENDATORY SECTION(Amending WSR 07-11-100, filed 5/16/07, effective 7/1/07)

WAC 357-28-130   How is an employee's base salary determined if the director creates, abolishes, or revises a class ((after the initial implementation of the classification plan))?   When reallocation is necessary because the director creates, abolishes, or revises a class ((after the initial implementation of the classification plan)), an employee's base salary is determined as follows:

     (1) An employee occupying a position reallocated to a class with the same or lower salary range must be paid an amount equal to his/her previous base salary.

     (2) An employee occupying a position reallocated to a class with a higher salary range must have his/her base salary adjusted to the same step in the new range as held in the previous range unless otherwise determined by the director.

[Statutory Authority: Chapter 41.06 RCW. 07-11-100, § 357-28-130, filed 5/16/07, effective 7/1/07; 05-01-205, § 357-28-130, filed 12/21/04, effective 7/1/05.]

OTS-4304.1

AMENDATORY SECTION(Amending WSR 10-23-120, filed 11/17/10, effective 12/18/10)

WAC 357-31-230   When can an employee use accrued compensatory time?   (1) Employees must request to use accrued compensatory time in accordance with the employer's leave policy. When considering employees' requests, employers must consider ((the work requirements of the department)) their business needs and the wishes of the employee.

     (2) An employee must be granted the use of accrued compensatory time to care for a spouse, registered domestic partner, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency health condition, or to care for a minor/dependent child with a health condition that requires treatment or supervision. In accordance with the employer's leave policy, approval of the employee's request to use accrued compensatory time may be subject to verification that the condition exists.

     (3) An employee must be granted the use of accrued compensatory time if the employee or the employee's family member, as defined in chapter 357-01 WAC, is a victim of domestic violence, sexual assault, or stalking as defined in RCW 49.76.020. An employer may require the request for leave under this section be supported by verification in accordance with WAC 357-31-730.

     (4) In accordance with WAC 357-31-373, an employee must be granted the use of accrued compensatory time to be with a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard, or reserves after the military spouse or registered domestic partner has been notified of an impending call or order to active duty, before deployment, or when the military spouse or registered domestic partner is on leave from deployment.

     (5) Compensatory time off may be scheduled by the employer during the final sixty days of a biennium.

     (6) Employers may require that accumulated compensatory time be used before vacation leave is approved, except in those instances where this requirement would result in loss of accumulated vacation leave.

     (7) During the 2009-2011 fiscal biennium only, an employee whose monthly full-time equivalent base salary is two thousand five hundred dollars or less is eligible to use compensatory time in lieu of temporary layoff as described in chapter 32, Laws of 2010.

[Statutory Authority: Chapter 41.06 RCW. 10-23-120, § 357-31-230, filed 11/17/10, effective 12/18/10; 09-17-056 and 09-18-113, § 357-31-230, filed 8/13/09 and 9/2/09, effective 12/3/09; 09-03-013, § 357-31-230, filed 1/9/09, effective 2/13/09; 08-15-043, § 357-31-230, filed 7/11/08, effective 10/1/08; 05-08-137, § 357-31-230, filed 4/6/05, effective 7/1/05.]

OTS-4305.1

AMENDATORY SECTION(Amending WSR 07-17-123, filed 8/20/07, effective 10/1/07)

WAC 357-31-645   Who will administer the uniformed service shared leave pool?   The military department, in consultation with the ((department of personnel and the)) office of financial management, shall administer the uniformed service shared leave pool.

[Statutory Authority: Chapter 41.06 RCW. 07-17-123, § 357-31-645, filed 8/20/07, effective 10/1/07.]

OTS-4306.1

AMENDATORY SECTION(Amending WSR 06-19-062, filed 9/19/06, effective 10/20/06)

WAC 357-34-090   Who provides the required supervisory or managerial training?   The department of enterprise services provides training activities to fulfill the requirement in WAC 357-34-055 and/or consultative services, as requested, to assist employers in development of their own programs. Employer-developed training must satisfy the requirements of WAC 357-34-060 and 357-34-065.

[Statutory Authority: Chapter 41.06 RCW. 06-19-062, § 357-34-090, filed 9/19/06, effective 10/20/06; 05-01-195, § 357-34-090, filed 12/21/04, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 07-23-010, § 357-34-115, filed 11/8/07, effective 12/11/07.]

[Statutory Authority: Chapter 41.06 RCW. 07-23-010, § 357-34-120, filed 11/8/07, effective 12/11/07.]

OTS-4307.1

AMENDATORY SECTION(Amending WSR 07-23-010, filed 11/8/07, effective 12/11/07)

WAC 357-34-100   How often are general government employees required to complete sexual harassment awareness and prevention training?   General government employees ((of agencies defined in RCW 41.06.020)) are required to complete sexual harassment awareness and prevention training at least every five years. For new employees sexual harassment awareness and prevention training should be completed within the first six months of employment, or earlier if required by the employer's sexual harassment policy.

[Statutory Authority: Chapter 41.06 RCW. 07-23-010, § 357-34-100, filed 11/8/07, effective 12/11/07.]

[Statutory Authority: Chapter 41.06 RCW. 07-23-010, § 357-34-105, filed 11/8/07, effective 12/11/07.]

     If the sexual harassment awareness and prevention training is waived for a new employee the agency must review their sexual harassment policy with the new employee. The employee must take the next training within five years of completion of the sexual harassment awareness and prevention training or within three years of completion of the managers' roles and responsibilities training with their former state agency.

[Statutory Authority: Chapter 41.06 RCW. 07-23-010, § 357-34-110, filed 11/8/07, effective 12/11/07.]

OTS-4308.1

AMENDATORY SECTION(Amending WSR 07-03-053, filed 1/12/07, effective 2/15/07)

WAC 357-46-100   Who administers and establishes operating procedures for the general government transition pool program?   The department of enterprise services administers the general government transition pool program. The director develops and implements appropriate operating procedures to facilitate the program. The operating procedures include the following requirements:

     (1) General government employers must provide for consideration of transition pool candidates when a certified pool contains eligible candidates other than candidates from the employer's internal or statewide layoff list or the employer's internal promotional eligibles.

     (2) Transition pool candidates must satisfy the competency and other position requirements to be considered for a position.

[Statutory Authority: Chapter 41.06 RCW. 07-03-053, § 357-46-100, filed 1/12/07, effective 2/15/07; 06-03-073, § 357-46-100, filed 1/12/06, effective 2/13/06; 05-19-005, § 357-46-100, filed 9/8/05, effective 10/10/05; 04-18-114, § 357-46-100, filed 9/1/04, effective 7/1/05.]

OTS-4350.1

AMENDATORY SECTION(Amending WSR 09-11-063, filed 5/14/09, effective 6/16/09)

WAC 357-46-135   What causes an individual's name to be removed from a layoff list?   (1) An individual's name must be removed from an internal layoff list or statewide layoff list at the request of the individual or upon an employee's retirement, resignation, expiration of eligibility or dismissal from the employer.

     (2) An individual's name may be removed from the internal and/or statewide layoff list for a class when:

     (a) The individual is appointed to a permanent position in the class. The individual may also be removed from the internal and/or statewide layoff list for any classes with a lower salary range maximum in that class series.

     (b) The individual is appointed to a permanent position in a class with a higher salary range maximum in a different class series.

     (c) The individual has been certified from the layoff list and waives consideration for a position in the class three times.

     (d) The employer or the director's office determines good and sufficient reason exists.

[Statutory Authority: Chapter 41.06 RCW. 09-11-063, § 357-46-135, filed 5/14/09, effective 6/16/09; 06-15-064, § 357-46-135, filed 7/13/06, effective 8/14/06; 06-03-071, § 357-46-135, filed 1/12/06, effective 2/13/06; 04-18-114, § 357-46-135, filed 9/1/04, effective 7/1/05.]

OTS-4309.1

AMENDATORY SECTION(Amending WSR 06-03-071, filed 1/12/06, effective 2/13/06)

WAC 357-46-145   To whom and by when must an individual request a review of the removal from an internal or statewide layoff list?   (1) Requests for review of removal from a layoff list must be made to the employer when:

     (a) The removal is based on the employer's determination that good and sufficient reason exists under the provisions of WAC 357-46-135 (2)(d); or

     (b) The employer is responsible for maintaining the layoff list and removed the individual for a reason listed in WAC 357-46-135 (2)(b) or (c).

     If the individual is not in agreement with the results of the employer's review, he/she may request a director's review of the removal.

     (2) Requests for review of removal from a layoff list must be made ((to the director)) in accordance with WAC 357-49-010 when:

     (a) The removal is based on the ((department's)) determination by the director's office that good and sufficient reason exists under the provisions of WAC 357-46-135 (2)(d);

     (b) The department of enterprise services is responsible for maintaining the layoff list and removed the individual for a reason listed in WAC 357-46-135 (2)(a), (b) or (c); or

     (c) The individual is not in agreement with the results of the employer's review of the removal.

     (3) The request for a review must be received at the employer's office within twenty (((20))) calendar days or the director's office within thirty (((30))) calendar days following notice of the action for which a review is requested.

[Statutory Authority: Chapter 41.06 RCW. 06-03-071, § 357-46-145, filed 1/12/06, effective 2/13/06; 05-16-042, § 357-46-145, filed 7/27/05, effective 9/1/05; 04-18-114, § 357-46-145, filed 9/1/04, effective 7/1/05.]

OTS-4310.1

AMENDATORY SECTION(Amending WSR 06-03-071, filed 1/12/06, effective 2/13/06)

WAC 357-49-010   For what actions may an individual request a director's review?   (1) If the department of enterprise services is responsible for the assessment process, an applicant or candidate may request a director's review of his/her examination results ((or)). If the director's office is responsible for the removal of his/her name from an applicant or candidate pool as specified in WAC 357-16-175 the individual may request a director's review. Director review decisions regarding the removal of an individual's name from an applicant or candidate pool or an individual's examination results are final and not subject to further review or appeal.

     (2) An individual may request a director's review of the removal of his/her name from a layoff list as specified in WAC 357-46-145.

     (3) An employee may request a director's review of the following:

     (a) Allocation or reallocation per WAC 357-13-080; or

     (b) Performance evaluation process or procedure per WAC 357-37-080.

     (4) In addition to the subject listed in ((section)) subsection (2) of this ((rule)) section, an employee who has been adversely affected by a violation of the civil service laws or rules may request a director's review within thirty calendar days of the date the employee could reasonably be expected to have knowledge of the action giving rise to a law or rule violation claim or the stated effective date, whichever is later. An employee may not request a director's review of:

     (a) ((Allegations arising from the development and adoption of the classification plan under the provisions of WAC 357-10-020;

     (b))) An alleged violation of civil service laws or rules pertaining to layoff, except for removal of his/her name from a layoff list as provided in subsection (2) of this section; or

     (((c))) (b) The actions of reduction, dismissal, suspension, demotion or separation.

     (5) An individual may request the director review his/her request for remedial action per WAC 357-19-430 or 357-19-450. Requests for remedial action must be received within thirty calendar days of the date the individual could reasonably be expected to have knowledge of the action giving rise to violation of the nonpermanent appointment or temporary appointment rules.

[Statutory Authority: Chapter 41.06 RCW. 06-03-071, § 357-49-010, filed 1/12/06, effective 2/13/06; 05-19-011, § 357-49-010, filed 9/8/05, effective 10/10/05; 05-12-082, § 357-49-010, filed 5/27/05, effective 7/1/05; 05-01-182, § 357-49-010, filed 12/21/04, effective 7/1/05.]

OTS-4311.1

AMENDATORY SECTION(Amending WSR 05-01-190, filed 12/21/04, effective 7/1/05)

WAC 357-52-030   Are standardized forms available for filing appeals?   The ((department)) director's office makes standardized forms available for filing appeals. Appellants may prepare and use their own appeal documents. Appellants' documents must contain all of the information required by WAC 357-52-020.

[Statutory Authority: Chapter 41.06 RCW. 05-01-190, § 357-52-030, filed 12/21/04, effective 7/1/05.]

OTS-4312.1

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

WAC 357-58-015   Who is authorized to adopt rules for the WMS?   The director ((of the department of personnel)) adopts the WMS rules after consultation with state agencies.

[Statutory Authority: Chapter 41.06 RCW. 05-12-068, § 357-58-015, filed 5/27/05, effective 7/1/05.]

     Except where specifically stated otherwise, the following chapters apply to positions or employees included in the WMS.

     ((WAC)) chapter 357-04 WAC General provisions

     ((WAC 357-07 Public records

     WAC)) chapter 357-22 WAC Personnel files

     ((WAC)) chapter 357-25 WAC Affirmative action program

     ((WAC)) chapter 357-26 WAC Reasonable accommodation

     ((WAC)) chapter 357-31 WAC Leave

     ((WAC)) chapter 357-34 WAC Employee training and development

     ((WAC)) chapter 357-37 WAC Performance management

     ((WAC)) chapter 357-40 WAC Discipline

     ((WAC)) chapter 357-43 WAC Employee business units

     ((WAC)) chapter 357-52 WAC Appeals

[Statutory Authority: Chapter 41.06 RCW. 10-11-076, § 357-58-050, filed 5/14/10, effective 6/15/10; 05-12-068, § 357-58-050, filed 5/27/05, effective 7/1/05.]

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

     (2) Director. State human resources director within the office of financial management.

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

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

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

     (((5))) (6) 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))) (7) 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))) (8) 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))) (9) 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))) (10) 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))) (11) 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.

     (((11))) (12) 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.

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

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

     (((14))) (15) 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.

     (((15))) (16) 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.

     (((16))) (17) Washington management service (WMS). Washington management service is the system of personnel administration that applies to classified managerial employees or positions under the jurisdiction of RCW 41.06.022 and 41.06.500.

[Statutory Authority: Chapter 41.06 RCW. 07-11-092, § 357-58-065, filed 5/16/07, effective 7/1/07; 05-21-060, § 357-58-065, filed 10/13/05, effective 11/15/05; 05-12-068, § 357-58-065, filed 5/27/05, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-12-068, § 357-58-080, filed 5/27/05, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-21-060, § 357-58-085, filed 10/13/05, effective 11/15/05; 05-12-068, § 357-58-085, filed 5/27/05, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-12-068, § 357-58-105, filed 5/27/05, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-12-069, § 357-58-130, filed 5/27/05, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-12-069, § 357-58-135, filed 5/27/05, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-12-069, § 357-58-140, filed 5/27/05, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-12-070, § 357-58-395, filed 5/27/05, effective 7/1/05.]

[Statutory Authority: Chapter 41.06 RCW. 05-12-071, § 357-58-430, filed 5/27/05, effective 7/1/05.]

     (1) Executive commitment to a performance-based culture;

     (2) Present status of performance management in the organization;

     (3) Defined roles and responsibilities for implementing and sustaining a performance management system;

     (4) Policy and process for holding managers accountable for properly carrying out their roles and responsibilities in performance management;

     (5) Internal policies and procedures for a performance management system;

     (6) Strategy for communicating to employees regarding policies, procedures, and timelines for performance management;

     (7) Performance management orientation and training for managers and supervisors;

     (8) Internal mechanisms for managing funding for performance-based compensation;

     (9) Implementation of a performance and development plan for all employees subject to performance factor decisions; and

     (10) Process for monitoring and measuring success.

[Statutory Authority: Chapter 41.06 RCW. 05-12-071, § 357-58-435, filed 5/27/05, effective 7/1/05.]

     (1) Salary adjustment (or lack thereof) when the responsibilities of the permanent employee's position have been changed.

     (2) Placement following reversion of a permanent employee.

     (3) Decisions about whether or not a position is included in the WMS. When reconsidering decisions concerning inclusion in WMS the following apply:

     (a) The final agency internal decision must be made by the agency director or designee.

     (b) If the incumbent disagrees with the agency director/designee's decision, he/she may request a director's review by the director ((of the department of personnel)), as long as such request is made within fifteen calendar days of notification of the decision. Such review will be limited to relevant documents and information and will be final.

[Statutory Authority: Chapter 41.06 RCW. 05-12-072, § 357-58-515, filed 5/27/05, effective 7/1/05.]

     (a) Any action taken by an agency under chapter 357-58 WAC; and

     (b) An agency's administration of the WMS program.

     (2) An agency's compliance with WMS procedures and rules will be audited. Audit requirements will be prescribed by the ((department)) director's office.

[Statutory Authority: Chapter 41.06 RCW. 10-23-043 and 11-01-158, § 357-58-546, filed 11/10/10 and 12/22/10, effective 4/1/11.]

OTS-4314.1

AMENDATORY SECTION(Amending WSR 10-23-043 and 11-01-158, filed 11/10/10 and 12/22/10, effective 4/1/11)

WAC 357-58-032   What is the requirement for agencies to develop procedures which address determining inclusion in WMS and evaluating positions for placement within the management bands?   (1) Each agency must develop a WMS inclusion and evaluation procedure consistent with this chapter and guidelines established by the ((department)) director's office.

     (2) The inclusion and evaluation procedure must be approved by the director.

     (3) The procedure must include processes for requesting and determining inclusion and evaluating and ((re-evaluating)) reevaluating positions for placement within management bands. The procedure must require, at a minimum:

     (a) Appointment of a human resource professional as the agency's WMS coordinator who serves as the single point of contact for the ((department)) director's office regarding WMS issues.

     (b) Use of a form prescribed by the director or an alternate form approved by the director for requests to establish or ((re-evaluate)) reevaluate WMS positions.

     (c) Approval of the request for inclusion or evaluation by the position's agency head or designee.

     (d) Inclusion determination and position evaluation must be performed by a committee of three or more people, which must include:

     ((i.)) (i) The agency's WMS coordinator;

     ((ii.)) (ii) A manager from the agency who has comprehensive knowledge of the agency's business; and

     ((iii.)) (iii) A management representative from another agency or human resource professional from another agency.

     (e) Only those who have successfully completed training may participate on a WMS committee. The training must satisfy the core curriculum as defined by the ((department)) director's office.

[Statutory Authority: Chapter 41.06 RCW. 10-23-043 and 11-01-158, § 357-58-032, filed 11/10/10 and 12/22/10, effective 4/1/11.]

OTS-4315.1

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

WAC 357-58-055   What civil service rules do not apply to WMS?   Except where specifically stated otherwise, the following WAC chapters do not apply to positions or employees included in the Washington management service:

     ((WAC)) Chapter 357-01 WAC, Definitions

     ((WAC 357-10 Personnel resources board classification

     WAC)) Chapter 357-13 WAC, Classification

     ((WAC)) Chapter 357-16 WAC, Recruitment, assessment, and certification

     ((WAC)) Chapter 357-19 WAC, Appointments and reemployment

     ((WAC)) Chapter 357-28 WAC, Compensation

     ((WAC)) Chapter 357-46 WAC, Layoff and separation

     ((WAC)) Chapter 357-49 WAC, Director's reviews

[Statutory Authority: Chapter 41.06 RCW. 05-12-068, § 357-58-055, filed 5/27/05, effective 7/1/05.]

OTS-4313.1

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

WAC 357-58-075   What is the requirement for agencies to develop compensation policies?   Each agency must develop salary administration policies that are consistent with this chapter and guidelines established by the ((department)) director's office for WMS positions.

[Statutory Authority: Chapter 41.06 RCW. 05-12-068, § 357-58-075, filed 5/27/05, effective 7/1/05.]

     (2) A roll-up of all agencies' WMS activities will be made available to agencies.

[Statutory Authority: Chapter 41.06 RCW. 10-23-043 and 11-01-158, § 357-58-565, filed 11/10/10 and 12/22/10, effective 4/1/11.]

Chapter 357-07	Public records
Chapter 357-10	Classification plan
WAC 357-01-100	Department
WAC 357-16-025	How must employers and the department inform prospective applicants of recruitments?
WAC 357-19-510	Who is responsible for administering the return-to-work initiative program?
WAC 357-19-515	Who is eligible to participate in the return-to-work initiative program?
WAC 357-28-125	How is an employee's base salary affected when the employee's position is allocated to a new class as a result of the director taking action to implement the new classification plan as required by WAC 357-10-010(1)?
WAC 357-34-025	What are the director's training and development responsibilities?
WAC 357-34-035	Can an employee get a copy of the employer's training and development plan?

© Washington State Code Reviser's Office