PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 356-30-320 Trial service -- Reversion -- Status, 356-30-331 Reduction in force -- Transition pool program, and 356-06-045 Movement between Washington general service and Washington management service positions.
Purpose: These rules deal with trial service reversion/status, the reduction-in-force transition pool program and movement between Washington general service and Washington management service positions.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Summary: These modifications address when permanent Washington management service employees who promote or voluntarily demote to Washington general service and fails to complete the trial service period. These modifications also address the movement and return rights of permanent Washington management service employees who accept temporary and project positions within the general service.
Name of Agency Personnel Responsible for Drafting: Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360) 664-6348; Implementation and Enforcement: Department of Personnel.
Name of Proponent: Department of Personnel, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: These rules deal with the reversion of an employee who fails to satisfactorily complete the trial service period, the reduction in force program and movement between Washington management service and Washington general service positions. The modifications address situations when a Washington management service employee promotes or voluntarily demotes to Washington general service and does not satisfactorily complete the trial service period. When this occurs, the reverted employee may request placement in the reduction-in-force transition pool program. These modifications also allow the movement and return rights of permanent Washington management service employees who accept temporary and project positions within the general service.
Proposal Changes the Following Existing Rules: See above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These rules relate to internal government operations that are not subject to violation by a nongovernmental party. Therefore, pursuant to RCW 34.05.328 [(5)](b)(ii), section 201 does not apply.
Hearing Location: Department of Personnel, 521 Capitol Way South, Olympia, WA, on January 11, 2001, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Department of Personnel by January 4, 2001, TDD (360) 753-4107, or (360) 586-8260.
Submit Written Comments to: Sharon Whitehead, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by January 8, 2001.
Date of Intended Adoption: January 11, 2001.
December 6, 2000
Dennis Karras
Secretary
(2) Permanent Washington management employees who were appointed from a voluntary demotion register to a class not previously held or from a promotional register within the same agency and fail to satisfactorily complete the trial service period shall automatically revert to a position in the former Washington management service band for which the employee has the required job skills, and that is at the same salary standard and/or same evaluation points.
(((2))) (3) Employees who were appointed from a voluntary
demotion register to a class not previously held or from a
promotional register into another agency and who fail to
satisfactorily complete the trial service period shall be given
fifteen calendar days' written notice and placed on the
dual-agency reversion register and the service-wide reversion
register for their former class. If an employee waives
consideration three times for a position in the class for which
the register was established, the employee's name will be removed
from the reversion register. The employee may then request
his/her name be placed on the reemployment register.
(4) Permanent Washington management service employees who were appointed from a voluntary demotion register to a class not previously held or from a promotional register into another agency and who fail to satisfactorily complete the trial service period shall be given fifteen calendar days' written notice and may request placement in the reduction-in-force transition pool for positions in which they qualify.
(((3))) (5) Employees who are reverted do not have the right
of appeal.
(((4))) (6) Former permanent employees who have promoted,
demoted, or transferred to a position at a higher education
institution in accordance with provisions of Title 251 WAC and
fail to complete the trial service period may request their names
be placed on the dual-agency reversion register and service-wide
reversion register for the former class.
(7) Former permanent Washington management service employees who have moved to a classified position at a higher education institution in accordance with provisions of Title 251 WAC and fail to complete the trial service period may request their names be placed in the reduction-in-force transition pool.
(((5))) (8) Employees who are reemployed from the
service-wide reversion registers shall enter a trial service
period. Employees reverted during this period may request their
names be placed on the register from which they came.
(((6))) (9) Employees who voluntarily revert to their former
class may request the director of personnel to reactivate their
promotional score for the class from which reverted. Employees
involuntarily reverted to a former class shall have all
examination grades nullified for the class from which they are
reverted.
(10) Washington management service employees who voluntarily revert to a Washington management service position, or requests placement in the reduction-in-force transition pool, may request the director of personnel to reactivate their promotional score for the Washington general service class from which reverted. Employees involuntarily reverted shall have all examination grades nullified for the class from which they are reverted.
[Statutory Authority: RCW 41.06.150. 98-19-034, § 356-30-320, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-13-042 and 91-21-080 (Orders 376 and 376A), § 356-30-320, filed 6/14/91 and 10/18/91, effective 8/1/91 and 11/18/91; 90-05-028 (Order 339), § 356-30-320, filed 2/13/90, effective 4/1/90. Statutory Authority: RCW 41.06.150. 84-11-091 (Order 204), § 356-30-320, filed 5/23/84, effective 9/1/84. Statutory Authority: RCW 41.06.150(17). 80-13-047 (Order 147), § 356-30-320, filed 9/16/80; Order 43, § 356-30-320, filed 3/17/72; Order 36, § 356-30-320, filed 7/1/71, effective 8/1/71. Formerly WAC 356-20-260.]
(1) To administer the program, the director or designee may waive provisions of Title 356 WAC that:
(a) Require employees seeking transfer and voluntary demotion in lieu of reduction in force to meet approved minimum qualifications;
(b) Authorize only the director to waive minimum qualifications;
(c) Allow qualifying examinations for transfers or voluntary demotions; and
(2) The program applies to:
(a) All permanent employees separated by reduction in force or notified by the agency personnel representative that they are at risk of reduction in force; and
(b) Return to work employees in those agencies that are participating in the return to work pilot program.
(c) Permanent Washington management service employees who were appointed from a voluntary demotion register to a Washington general service class not previously held or from a promotional register into another agency and who are either voluntarily or involuntarily reverted during their trial service period.
(3) Agencies, including those agencies with local list authority, shall adhere to the operating procedures established by the director.
(4) Employees participating in the reduction in force transition pool program shall have no right of appeal within this program.
[Statutory Authority: RCW 41.06.150. 00-11-122, § 356-30-331, filed 5/22/00, effective 7/1/00. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 93-16-022, § 356-30-331, filed 7/23/93, effective 8/23/93.]
(2) Permanent employees may transfer from the Washington management service to Washington general service positions if their salary is within the salary range of the Washington general service position. Transfers may require the employee to meet minimum qualifications and take the appropriate examination as determined by the director of personnel or designee.
(3) Permanent employees may transfer from Washington general service to Washington management service positions if their salary is within the salary level of the Washington management service position.
(4) Permanent employees may voluntarily demote between Washington management service and Washington general service positions at a lower pay than their current permanent position. Voluntary demotion to a Washington general service classification may require the employee to meet minimum qualifications and take the appropriate examination as determined by the director of personnel or designee.
(5) Permanent WMS employees may accept temporary employment in the general service as provided in WAC 356-30-067. Upon termination of such temporary appointment, the employee shall have the right to resume the same or similar permanent Washington management service position within their permanent agency, at their former status.
(6) Permanent WMS employees may accept project employment in the general service as provided in WAC 356-30-145. Upon reduction in force from the project, or at the request of the employee, the employee will have reduction in force rights of the permanent Washington management service position they left. Employees who entered the project through the competitive process and remain in project status for two years shall be eligible to have their names placed on the agency reduction in force register for the general service classes in which permanent project status was attained.
(((5))) (7) During reduction in force, permanent Washington
management service employees who also have permanent status in
Washington general service will be afforded return rights as
follows:
(a) Prior to considering Washington management service positions within the agency which have a lower salary, appointing authorities will consider Washington general service positions within the agency in the same occupational field with the same or similar salary for which the employee is qualified and has held permanent status.
(b) Washington management service employees who have no reduction in force options for the same or similar positions in the Washington management service will be afforded reduction in force rights to the highest Washington general service class held permanently.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 94-04-011, § 356-06-045, filed 1/21/94, effective 3/1/94.]