PROPOSED RULESDEPARTMENT OF PERSONNEL
Filed June 23, 2004,
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: New
sections WAC 357-01-005 Affected groups, 357-01-010
Affirmative action program, 357-01-015 Affirmative action
plan, 357-01-020 Allocation, 357-01-025 Appointing authority,
357-01-030 Assignment pay, 357-01-035 Availability, 357-01-040
Base salary, 357-01-045 Board, 357-01-050 Career development,
357-01-055 Career planning, 357-01-060 Certification,
357-01-065 Certified pool, 357-01-070 Charges, 357-01-075
Class, 357-01-080 Class series/occupational category,
357-01-085 Classified service, 357-01-090 Competencies,
357-01-095 Demotion, 357-01-100 Department, 357-01-105
Developmental opportunities, 357-01-110 Director, 357-01-115
Disabled veteran, 357-01-120 Dismissal, 357-01-125 Eligible
applicant, 357-01-130 Eligible candidate, 357-01-135
Elevation, 357-01-140 Employee, 357-01-145 Employer,
357-01-150 Employing official, 357-01-155 Employee performance
management process, 357-01-160 Exam, 357-01-165 Exam process,
357-01-170 Final exam results, 357-01-175 General government
employer, 357-01-180 Higher education employer, 357-01-185 Job
analysis, 357-01-190 Job seeker, 357-01-195 Layoff unit,
357-01-200 List, 357-01-205 Nonrepresented employee,
357-01-210 Nonpermanent appointment, 357-01-215 Occupational
category/class series, 357-01-220 Overtime-eligible employee,
357-01-225 Overtime-exempt employee, 357-01-230 Performance
management confirmation, 357-01-235 Persons with disabilities,
357-01-240 Position, 357-01-245 Premium, 357-01-250
Probationary period, 357-01-255 Progression increase date
(PID), 357-01-260 Promotion, 357-01-265 Promotional
organizational unit, 357-01-270 Reallocation, 357-01-275
Reassignment, 357-01-280 Reemployment, 357-01-285 Regular
rate, 357-01-290 Reversion, 357-01-295 Salary range,
357-01-300 Screening, 357-01-305 Shared employment, 357-01-310
Special employment program, 357-01-315 Special pay salary
ranges, 357-01-320 Supplemental certification, 357-01-325
Suspension, 357-01-330 Training, 357-01-335 Transfer,
357-01-340 Transition review period, 357-01-345 Trial service
period, 357-01-350 Underutilization, and 357-01-355 Vietnam
Hearing Location(s): Department of Personnel, 521
Capitol Way South, Olympia, WA, on July 29, 2004, at 10:00
Date of Intended Adoption: July 29, 2004.
Submit Written Comments to: Sharon Whitehead, Department
of Personnel, P.O. Box 47500, FOR DOP TRACKING PURPOSES PLEASE NOTE ON
SUBMITTED COMMENTS "FORMAL COMMENT," fax (360) 586-4694, by July 23,
Assistance for Persons with Disabilities: Contact Department of Personnel by July 23, 2004, TTY (360) 753-4107
or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the
proposed chapter (definitions) of rules is to define terms
used within Title 357 WAC.
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.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the
Department of Personnel has rule-making authority regarding
definitions. The proposed rules implement this provision of
the Personnel System Reform Act.
Name of Proponent: Department of Personnel, governmental.
Name of Agency Personnel Responsible for Drafting:
Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360)
664-6348; Implementation and Enforcement: Department of
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
A cost-benefit analysis is not required under RCW 34.05.328.
June 23, 2004
E. C. Matt
Those groups that must
be included in affirmative action plans and updates and who
may be beneficiaries of affirmative action programs. Affected
groups include: Blacks, Asians, Pacific Islanders,
Hispanics/Latinos, American Indians/Alaska Natives, women,
persons age 40 and over, persons with disabilities,
Vietnam-era veterans and disabled veterans. Employers must
use the most current federal definitions and categories in
their plans and updates.
Affirmative action program.
by which racial/ethnic minorities, women, persons with
disabilities, persons age 40 and over, Vietnam era veterans,
and disabled veterans are provided with employment
opportunities designed to correct underutilization. It shall
not mean any sort of quota system.
Affirmative action plan.
Results-oriented programs to which employers commit their good
faith efforts to attain and maintain equal employment
opportunity. Guidelines for development of affirmative action
plans are established by the department and are consistent
with requirements set forth by federal Executive Order 11246
and Affirmative Action Guidelines issued by the U.S.
Departments of Labor and Justice.
The assignment of a position
to a class.
lawfully authorized to appoint, transfer, layoff, reduce,
dismiss, suspend, or demote employees.
A premium added to base
salary to recognize specialized skills, assigned duties, or
An estimate of the
percentage of qualified affected group members available for
employment in a given job group. The determination of the
availability of affected group members must be based on
consideration of the following factors:
(1) The percentage of availability of affected group
members with the requisite skills in the reasonable
(2) The percentage of affected group members among those
promotable, transferable, and trainable within the employer's
The availability estimates must be based on an analysis
of the factors determined to be relevant to the particular job
The dollar amount of the
salary within the salary range to which the employee is
entitled, before any deductions, and exclusive of additional
compensation of any kind, such as premiums.
The Washington Personnel
development of an employee's capabilities. Career development
is meant to facilitate the employee's productivity,
performance, job satisfaction, and advancement. Career
development can happen through work assignments as well as
education and training. The education and training may be
state-sponsored or achieved by the individual employee's
efforts. All career development must be consistent with the
needs and obligations of the state and its employers.
A process designed to
identify and provide opportunities for each employee's career
growth through job experience, training, and/or continuing
The act of referring
eligible candidates to the employing official for further
candidates determined by the employer to be among the best
qualified for a position, based on position-specific criteria,
who are certified to the employing official.
A detailed statement of the
specific incidents alleging cause for disciplinary action.
A level of work.
Class series/Occupational category.
grouping of job functions having similar purpose and knowledge
All positions in
state service not exempt from the provisions of chapter 41.06 RCW.
Those measurable or
observable knowledge, skills, abilities, and behaviors
critical to success in a key job role or function.
Movement of an employee from a
position in one class to a position in another class that has
a lower salary range maximum.
Department of Personnel.
designed to develop employees' knowledge and skills for future
Director of the Department of
For affirmative action
purposes, a person entitled to disability compensation under
laws administered by the Veterans Administration for
disability rated at 30 percent or more, or a person whose
discharge or release from active duty was for a disability
incurred or aggravated in the line of duty.
The termination of an
individual's employment for disciplinary purposes.
A job seeker who has
successfully completed preliminary screening processes for a
An individual who
has successfully completed all assessment requirements for a
specific position and is eligible to be considered for the
An employer-initiated action
that restores an employee to permanent status in either:
(1) A higher class in which the employee held permanent
status prior to a demotion; or
(2) A class in the same class series/occupational
category which is between the current class and the class from
which the employee was demoted.
An individual working in the
classified service, except employee business unit members as
defined in WAC 357-43-001.
A state agency, an institution
of higher education, or a related higher education board.
An administrative or
supervisory employee designated by the appointing authority to
exercise responsibility for requesting certification,
interviewing eligible candidates, and recommending appointment
of individuals to classified positions.
Employee performance management process.
The systematic set of actions taken by a supervisor to
maximize employee productivity, potential and satisfaction.
A scored competitive written,
oral, or performance test administered as part of a
position-specific hiring process prior to certification.
The process used to
administer and score an exam.
Final exam results.
candidate's final passing score on an exam, plus any veterans
scoring criteria or other applicable credits.
General government employer.
as defined by RCW 41.06.020 who is not a higher education
Higher education employer.
University of Washington, Washington State University, Central
Washington University, Eastern Washington University, Western
Washington University, The Evergreen State College, the
various state community colleges, the state board for
community and technical colleges, the higher education
coordinating board, and such other boards, councils, and
commissions related to higher education as may be established.
The process of gathering,
analyzing, and synthesizing information about a position in
order to identify the essential tasks, functions, roles and
competencies required to perform the work of the position, and
the written documentation of the results of the analysis.
An individual who has
indicated to the employer an interest in employment by
completing a preliminary profile or by submitting an
A clearly identified
structure within an employer's organization within which
layoff options are determined in accordance with the
employer's layoff procedure. Layoff units may be a series of
progressively larger units within an employer's organization.
A list of eligible names
established to be certified for vacancies in a class.
employee whose position is not part of a bargaining unit with
a certified exclusive representative.
made by a general government employer under the provisions of
Occupational category/Class series.
grouping of job functions having similar purpose and knowledge
who is covered by the overtime provisions of the Fair Labor
who is not covered by the overtime provisions of the Fair
Labor Standards Act.
Performance management confirmation.
Approval granted by the director to an employer allowing the
employer to link individual employee performance to
compensation or layoff decisions.
Persons with disabilities.
affirmative action purposes, a person with a permanent
physical, mental, or sensory impairment which substantially
limits one or more major life activity. Physical, mental, or
sensory impairment means: (a) any physiological or
neurological disorder or condition, cosmetic disfigurement, or
anatomical loss affecting one or more of the body systems or
functions; or (b) any mental or psychological disorders such
as mental retardation, organic brain syndrome, emotional or
mental illness, or any specific learning disability. The
impairment must be material rather than slight, and permanent
in that it is seldom fully corrected by medical replacement,
therapy, or surgical means.
A group of duties and
responsibilities to be performed by an employee.
Salary added to an employee's
base salary on a contingent basis in recognition of special
requirements, conditions, or circumstances associated with the
The trial period of
employment following certification and appointment to, or
reemployment in, the classified service and continuing for 6
to 12 months as determined under the provisions of WAC 357-19-040.
Progression increase date (PID).
date upon which an employee is scheduled to move to a higher
salary step within the salary range for the current class.
The appointment to a class
with a higher salary range maximum that results in a salary
Promotional organizational unit.
established by the employer based upon administrative and/or
geographical relationships and used for promotional
recruitment and hiring.
The assignment of a
position to a different class.
An employer-initiated move
of an employee within the employer from one position to
another position in the same class or a different class with
the same salary range maximum.
Appointment of a former
employee who had permanent status in a class with the same or
similar job duties.
All salary compensation
(i.e. base salary plus any premiums) received by an employee
for the performance of work in an_assigned position.
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
Voluntary or involuntary
movement of an employee during the trial service period to the
class the employee most recently held permanent status in, to
a class in the same or lower salary range, or placement on the
employer's internal layoff list.
The minimum and maximum
dollar amount assigned to a class.
Separate from a scored
competitive exam, screening is the use of assessment tools
including, but not limited to application or resume reviews,
pass/fail skill tests, supplemental questionnaires, or
identification of job-related competencies to narrow the field
of job seekers that will be considered for inclusion within
the certified pool.
arrangement whereby more than one employee jointly fill a
single position as agreed between the employer and the
Special employment program.
employment programs are those programs designated by the
director which are designed and implemented to reduce
unemployment and/or provide training opportunities to enable
persons to become more employable. Special employment
programs are funded in total, or in part, from sources other
than the normal sources available to the employer.
Special pay salary ranges.
salary range assigned to a position or class in accordance
with WAC 357-28-025.
the normal certification of names to incorporate Persons with
Disabilities, Vietnam-era Veterans, Disabled Veterans or
Persons Over 40.
An enforced absence without
pay for disciplinary purposes.
Activities designed to develop
employees' job-related knowledge and skills for present job
An employee-initiated move of
that employee from a position to another position within or
between employers in the same class or a different class with
the same salary range maximum.
Transition review period.
review period is a six-month evaluation period that allows the
employer and employee to determine whether a placement into a
position as a layoff option or appointment to a position from
a layoff list or the general government transition pool is a
Trial service period.
The initial period
of employment following promotional appointment to a position
in a new class or the initial period of employment following a
transfer or voluntary demotion when required by the employer
under the provisions of 357-19-030. The trial service period
will continue for six to twelve months as determined under the
provisions of WAC 357-19-050.
Occurs when there are
fewer affected group members in a particular job group than
would reasonably be expected based on the affected group's
Vietnam era veteran.
action purposes, a person who served on active duty for more
than 180 days, any part of which occurred between February 28,
1961 and May 7, 1975 in the Republic of Vietnam, or between
August 5, 1964 and May 7, 1975 in all other cases; and was
discharged or released from active duty with other than a
dishonorable discharge; or who was discharged or released from
active duty for a service-connected disability if any part of
such active duty was performed between August 5, 1964 and May
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