WSR 14-20-077
PROPOSED RULES
OFFICE OF
FINANCIAL MANAGEMENT
[Filed September 29, 2014, 8:44 a.m.]
Original Notice.
Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
Title of Rule and Other Identifying Information: WAC 357-13-090 How is an employee affected when his/her position is reallocated?, 357-28-135 How is an employee's salary determined when the employee is appointed to a position due to a layoff action?, 357-28-082 Is step M on the salary schedule different than other salary steps?, 357-28-110 Must an employee who is promoted receive a salary increase?, 357-28-115 Must an employee occupying a position that is reallocated to a class with a higher salary range receive a salary increase?, 357-28-120 What is the base salary of an employee occupying a position that is reallocated to a class with the same or lower salary range?, 357-28-035 What must be addressed in the employer's salary determination policy?, and 357-28-088 If an employee accepts a transfer or demotion will the time spent at step L count towards the six years to qualify for step M in the new position?
Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on November 13, 2014, at 8:30 a.m.
Date of Intended Adoption: November 13, 2014.
Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by November 6, 2014. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact OFM by November 6, 2014, TTY 711 or 1-800-833-6384.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These proposed changes correspond with the recent changes made for WFSE represented employees which allows an employee upon promotion or reallocation be placed at step M if that step falls within the required percentage of increase or minimum number of step increase.
Reasons Supporting Proposal: This is to align the state civil service rule with the supported collective bargaining agreement.
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: OFM, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 128 10th Avenue S.W., (360) 407-4139.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.
September 29, 2014
Roselyn Marcus
Assistant Director of Legal
and Legislative Services
AMENDATORY SECTION (Amending WSR 13-19-043, filed 9/13/13, effective 10/18/13)
WAC 357-13-090 How is an employee affected when his/her position is reallocated?
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 step ((L)) M of the range as provided in WAC 357-28-115.
→ The employer's layoff procedure applies.
 
The director revising the classification plan.
The employee remains in the position and keeps existing appointment status. See WAC 357-28-130 for determining the employee's salary.
AMENDATORY SECTION (Amending WSR 13-19-043, filed 9/13/13, effective 10/18/13)
WAC 357-28-035 What must be addressed in the employer's salary determination policy?
The employer's salary determination policy must minimally address the following:
(1) Setting base salary for new employees;
(2) Increasing base salary in accordance with WAC 357-28-110 when an employee promotes to a position in a new class;
(3) Increasing base salary in accordance with WAC 357-28-110 when an employee promotes to a permanent position while in a nonpermanent appointment;
(4) Setting base salary in accordance with WAC 357-28-140 when an employee transfers to a new position;
(5) Setting base salary when an employee is appointed from an internal or statewide layoff list;
(6) Setting base salary when an employee is reallocated to a position with a lower salary range and the employee's previous base salary is above step ((L)) M of the new salary range as permitted in WAC 357-28-120. Under no circumstance should an employee's salary exceed their previous base salary;
(7) Setting base salary when an employee demotes for reasons other than accepting a demotion in lieu of layoff or accepting a demotion when a position is reallocated;
(8) Setting base salary when an employee is reverted following a voluntary demotion;
(9) Authorizing premiums for recruitment and retention as provided in WAC 357-28-095 and 357-28-100; and
(10) Setting base salary and progression based on recruitment and retention rather than years of experience for the nurse special pay salary schedules, if allowed by the employer.
AMENDATORY SECTION (Amending WSR 13-19-043, filed 9/13/13, effective 10/18/13)
WAC 357-28-082 Is step M on the salary schedule different than other salary steps?
Step M is a longevity step. An employee cannot be appointed to step M upon initial hire ((or progress to step M upon promotion)).
AMENDATORY SECTION (Amending WSR 13-19-043, filed 9/13/13, effective 10/18/13)
WAC 357-28-088 If an employee ((accepts a new appointment)) transfers or demotes will the time spent at step L count towards the six years to qualify for step M in the new position?
If an employee ((accepts a new appointment)) transfers to a position ((which is the same pay range as the previous position,)) the time at step L in the previous position will count towards the six years to qualify for step M in the new position.
If an employee ((accepts a new appointment to a position which is a different pay range as the previous position)) is demoted (voluntary or involuntary), the time at step L in the previous position will not count towards the six years to qualify for step M ((in the new salary range. An exception to this is if the new appointment is due to an employee accepting a demotion in lieu of layoff or a layoff option to a position with a lower salary range maximum. In that case, the time spent at step L in the previous position will count towards the six years to qualify for step M in the new salary range)) except in accordance with WAC 357-28-135(2).
AMENDATORY SECTION (Amending WSR 13-19-043, filed 9/13/13, effective 10/18/13)
WAC 357-28-110 Must an employee who is promoted ((to a position in a class with a higher salary range)) receive a salary increase?
An employee who is promoted ((to a position in a class with a higher salary range)) must receive a minimum increase of two steps not to exceed step ((L)) M of the salary range. The employer may grant ((higher increases)) more than an increase of two steps not to exceed step L if:
(1) Significant increases in duties and responsibilities, as documented by the employer, warrant greater compensation;
(2) The increase is necessary for internal salary alignment, retention of the employee, or other documented business needs; or
(3) The increase is necessary to bring the employee to the minimum of the salary range for the position.
AMENDATORY SECTION (Amending WSR 13-19-043, filed 9/13/13, effective 10/18/13)
WAC 357-28-115 Must an employee occupying a position that is reallocated to a class with a higher salary range receive a salary increase?
An employee occupying a position that is reallocated to a class with a higher salary range must receive a minimum increase of at least two steps not to exceed step ((L)) M of the salary range in accordance with WAC 357-28-110.
AMENDATORY SECTION (Amending WSR 13-19-043, filed 9/13/13, effective 10/18/13)
WAC 357-28-120 What is the base salary of an employee occupying a position that is reallocated to a class with the same or lower salary range?
An employee occupying a position that is reallocated to a class with the same or lower salary range must be placed within the new salary range at an amount equal to his/her previous base salary. If the previous base salary exceeds the new salary range, the employee's base salary must be set equal to step ((L)) M of the salary range for the reallocated position. The employee's base salary may be set ((at)) higher than step M ((or higher than the range maximum,)) but not exceeding the previous base salary, if allowed by the employer's salary determination policy.
AMENDATORY SECTION (Amending WSR 13-19-043, filed 9/13/13, effective 10/18/13)
WAC 357-28-135 How is an employee's salary determined when the employee is appointed to a position due to a layoff action?
The base salary of an employee appointed to a position due to a layoff action must be determined as follows:
(1) An employee who accepts a layoff option to a different position with the same salary range keeps the same base salary.
(2) An employee who accepts a demotion in lieu of layoff or accepts a layoff option to a position with a lower salary range maximum must be placed within the new range at a salary equal to the employee's previous base salary. If the previous base salary exceeds the new range, the employee's base salary must be set equal to step ((L)) M of the new salary range. If the employee's previous base salary was at step M of the salary range the employee must be placed at step M of the new salary range.
(3) An employee who is appointed from an internal or statewide layoff list to a position with the same range as the position from which the employee was laid off must be placed within the range at a salary equal to the employee's previous base salary.
(4) An employee who is appointed from an internal or statewide layoff list to a position with a lower range maximum than the position from which the employee was laid off must have the salary determined by the employer's salary determination policy.