[Filed April 2, 2019, 8:51 a.m.]
Title of Rule and Other Identifying Information: WAC 357-01-075 Class, 357-01-080 Class series, 357-01-187 Job family, 357-01-188 Job level, 357-01-317 Supervisor, 357-13-035 Must a standard form be used for each position description?, 357-13-058 What is the requirement for employers to develop procedures which address evaluating positions for placement in the information technology professional structure (ITPS)?, 357-28-215 When must an employee receive supervisory pay differential?, 357-46-035 Layoff option, and 357-46-045 How do employers establish competency and other position requirements?
Hearing Location(s): On May 9, 2019, at 8:30 a.m., at the Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501.
Date of Intended Adoption: May 16, 2019.
Submit Written Comments to: Brandy Chinn, OFM, P.O. Box 47500, Olympia, WA 98501, email Brandy.Chinn@ofm.wa.gov, fax 360-586-4694, by May 2, 2019.
Assistance for Persons with Disabilities: Contact OFM, TTY 711 or 1-800-833-6384, by May 2, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed new rules and amendments address the new ITPS.
Reasons Supporting Proposal: Contingent on legislative funding, the state is implementing a new information technology (IT) professional/technical classification and compensation structure. This means that all state agency and higher education classified IT positions and some Washington management service IT positions, will be evaluated for allocation into the new ITPS. The draft rules expand on Title 357 WAC to cover employees that have been placed into this new structure.
Statutory Authority for Adoption: Chapter 41.06
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: Brandy Chinn, 128 10th Avenue, Olympia, WA 98501, 360-407-4141.
A school district fiscal impact statement is not required under RCW 28A.305.135
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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025
(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
April 2, 2019
Assistant Director of
Legal and Legislative Affairs
AMENDATORY SECTION(Amending WSR 05-01-204, filed 12/21/04, effective 7/1/05)
A level of work within the statewide job classification system. Where there is a professional structure that includes a job family and a job level, the combination of the job family and the job level constitutes a class, and a change in job family, job level or both is a change in class.
AMENDATORY SECTION(Amending WSR 09-11-063, filed 5/14/09, effective 6/16/09)
WAC 357-01-080Class series.
A grouping of job functions having similar purpose and knowledge requirements, but different levels of difficulty and responsibility. Where there is a professional structure that includes a job family and a job level, different job levels within one job family constitutes a class series.
WAC 357-01-187Job family.
A functional discipline involving work focused within a specific and specialized body of knowledge as established within a professional structure. This definition applies to professional structures only.
WAC 357-01-188Job level.
The measure of complexity of work performed. This definition applies to professional structures only.
(1) An employee who is assigned responsibility by management to participate in the following functions with respect to their subordinate employee(s):
(a) Selecting staff;
(b) Training and development;
(c) Planning and assignment of work;
(d) Evaluating performance;
(e) Resolving grievances; and
(f) Taking corrective action.
(2) Participation in these functions is not routine and requires the exercise of individual judgment.
(3) A supervisor must supervise a minimum of one full-time employee or equivalent (total of part-time FTEs).
AMENDATORY SECTION(Amending WSR 05-01-201, filed 12/21/04, effective 7/1/05)
WAC 357-13-035Must a standard form be used for each position description?
A standard form developed by the director or one containing components similar to those found in the director's form must be used for each position description. For positions in the information technology professional structure (ITPS), a standard form developed by the director, or an alternate form approved by the director must be used for requests to establish or reevaluate ITPS positions.
WAC 357-13-058What is the requirement for employers to develop procedures which address evaluating positions for placement in the information technology professional structure (ITPS)?
(1) Each employer must develop and document an information technology professional structure (ITPS) evaluation procedure consistent with this chapter and guidelines established by the director's office.
(2) The procedure must include the process for requesting and evaluating positions for placement within the ITPS. The procedure must require, at a minimum the establishment of a committee of three or more employees to include the following:
(a) A human resource (HR) professional who is designated as the employers ITPS coordinator and who also serves as the single point of contact for the director's office regarding ITPS issues;
(b) An information technology (IT) manager from the employer who has comprehensive knowledge of the employer's business; and
(c) At least one other HR professional or IT manager.
(3) Only those who have successfully completed training may participate on an ITPS committee. The training must satisfy the core curriculum as defined by the director's office.
(4) All evaluation results and a copy of the signed IT position description form must be uploaded in the tool identified by the director.
WAC 357-28-215When must an employee receive supervisory pay differential?
Employees within the information technology professional structure that are in the entry, journey and senior/specialist levels designated as and performing all the duties of a supervisor must receive a five percent supervisory pay differential in addition to their base pay as long as they meet the definition of supervisor.
AMENDATORY SECTION(Amending WSR 10-11-068, filed 5/14/10, effective 6/15/10)
WAC 357-46-035Layoff option.
(1) What option does a permanent employee have to take a position when the employee is scheduled for layoff?
Within the layoff unit, a permanent employee scheduled for layoff must be offered the option to take a position, if available, that meets the following criteria:
(a) The position is allocated to the class in which the employee holds permanent status at the time of the layoff. If no option to a position in the current class is available, the employee's option is to a position in a class in which the employee has held permanent status that is at the same salary range maximum. If the employee has no option to take a position at the same salary range maximum, the employee must be given an opportunity to take a position in a lower class in a class series in which the employee has held permanent status, in descending salary order. The employee does not have to have held permanent status in the lower class in order to be offered the option to take a position in the class.
(b) The position is comparable to the employee's current position as defined by the employer's layoff procedure.
(c) The employee satisfies the competencies and other position requirements.
(d) The position is funded and vacant, or if no vacant funded position is available, the position is occupied by the employee with the lowest employment retention rating.
(2) What if the employee has no option under subsection (1) of this section?
(a) If a permanent employee has no option available under subsection (1) of this section, the employer must determine if there is an available position in the layoff unit to offer the employee in lieu of separation that meets the following criteria:
(i) The position is at the same or lower salary range maximum as the position from which the employee is being laid off;
(ii) The position is vacant or held by a probationary employee or an employee in a nonpermanent appointment;
(iii) The position is comparable or less than comparable; and
(iv) The position is one for which the employee meets the competencies and other position requirements.
(b) If more than one qualifying position is available, the position with the highest salary range maximum is the one that must be offered.
(3) What happens when a class in which the employee previously held permanent status has been revised or abolished?
(a) If a class in which an employee has previously held permanent status has been revised or abolished, the employer shall determine the closest matching class to offer as a layoff option. The closest matching class must be at the same or lower salary range maximum as the class from which the employee is being laid off.
(b) For employees who held permanent status in abolished information technology (IT) classes, an employer may use the IT Assessment form along with any other documentation to determine the closest matching class to offer as a layoff option.
(4) Does an employee have layoff option rights as provided in subsection (1) of this section to classifications the employee held permanent status in prior to any breaks in state service?
General government employees have layoff option rights as provided in subsection (1) of this section to classifications the employee has held permanent status in regardless of any breaks in state service.
Higher education employers must address in their layoff procedure whether or not employees will be given layoff options to classes they held permanent status in prior to any breaks in state service.
AMENDATORY SECTION(Amending WSR 04-18-114, filed 9/1/04, effective 7/1/05)
WAC 357-46-045How do employers establish competency and other position requirements?
In establishing competency and other position requirements, employers may use any of the following documented criteria:
(1) Licensing/certification requirements;
(2) Position description;
(3) Class specification;
(4) Information technology professional structure evaluator's handbook;
(5) Skills/competencies listed on the position's most recent recruitment announcement or the last announcement used to fill the position;
(((5)))(6) Bona fide occupational requirement(s) approved by the Washington human rights commission; or
(((6)))(7) Additional documented competencies or requirements not reflected in the position description.