[Filed May 22, 2019, 11:47 a.m., effective July 1, 2019]
Effective Date of Rule: July 1, 2019.
Purpose: 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 within the Washington general service and Washington management service positions designated in the IT market segment have been or will be evaluated for allocation into the new information technology professional structure (ITPS). The purpose of expanding Title 357 WAC is to cover those employees who will be placed into the new ITPS.
Citation of Rules Affected by this Order: New WAC 357-01-187, 357-01-188, 357-01-317, 357-13-058 and 357-28-215; and amending WAC 357-01-075, 357-01-080, 357-13-035, 357-46-035, and 357-46-045.
Statutory Authority for Adoption: Chapter 41.06
Adopted under notice filed as WSR 19-08-071 on April 2, 2019.
Changes Other than Editing from Proposed to Adopted Version: Since the proposed version, WAC 357-13-058, 357-28-215, and 357-46-035 were changed. WAC 357-13-058 was changed to allow an exception for employers who have fifteen or less permanent positions covered by ITPS the ability to establish a smaller evaluation committee. WAC 357-28-215 and 357-46-035 (1)(a) were updated due to housekeeping changes.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 5, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 5, Amended 5, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 5, Repealed 0.
Date Adopted: May 22, 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.
(a) Employers with more than fifteen permanent positions covered by the ITPS, the procedure must require, at a minimum the establishment of a committee of three or more employees to include the following:
(i) 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;
(ii) An information technology (IT) manager from the employer who has comprehensive knowledge of the employer's business; and
(iii) At least one other HR professional or IT manager.
(b) Employers with fifteen or less permanent positions covered by the ITPS may establish a committee of two or more employees in accordance with (a)(i) and (ii) of this subsection.
(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 who are in the entry, journey and senior/specialist levels designated as and performing all the duties of a supervisor, in accordance with WAC 357-01-317, 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))has the same salary range maximum. If the employee has no option to take a position ((at))that has 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.