Date of Adoption: March 8, 2001.

Purpose: These modifications address when permanent Washington management service employees promote or voluntarily demote to Washington general service and fail 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.

Citation of Existing Rules Affected by this Order: Amending WAC 356-06-045, 356-30-320, and 356-30-331.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 01-02-088 on January 3, 2001.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0. Effective Date of Rule: May 1, 2001.

March 15, 2001

Doug Tanabe

Acting Secretary

(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.]

(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 of 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 promote into Washington general service then voluntarily revert from their trial service period back to a Washington management service position, or request 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 they 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; and

(c) Allow qualifying examinations for transfers or voluntary demotions.

(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.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Washington State Code Reviser's Office