Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 251-01-435 Trial service, 251-11-130 Trial service reversion, 251-19-050 Appointment--Probationary, and 251-19-060 Trial service period.

Purpose: These rules pertain to trial service, trial service reversion, trial service period, and appointment-probationary.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Statute Being Implemented: RCW 41.06.150.

Summary: These modifications are housekeeping in nature. Employees appointed from a state-wide layoff list have already served a probationary period, therefore, the employee should be serving a trial service period, not a probationary period.

Name of Agency Personnel Responsible for Drafting: Sharon Peck, 521 Capitol Way South, Olympia, WA, (360) 753-0468; 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 pertain to trial service periods, trial service reversion, and probationary appointments. These rules govern when an employee serves a probationary period, when an employee serves a trial service period, duration, and what occurs during these periods. These rule modifications are housekeeping in nature. Employees appointed from a state-wide layoff list already served a probationary period and have become permanent state employees. Therefore, there should not be a requirement for employees to serve another probationary period - they should be serving a trial service period.

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 September 9, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Department of Personnel by September 2, 1999, TDD (360) 753-4107, or (360) 586-0509.

Submit Written Comments to: Sharon Peck, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by September 7, 1999.

Date of Intended Adoption: September 9, 1999.

June 10, 1999

Dennis Karras

Secretary

The initial period of employment following promotion, transfer, demotion, or lateral movement into a class in which the employee has not held permanent status at the institution or related board, beginning with the effective date of the change and continuing for six months, unless interrupted as provided in these rules or extended as provided in WAC 251-19-060(((6))).

[Statutory Authority: RCW 28B.16.100.  88-02-017 (Order 164), § 251-01-435, filed 12/30/87, effective 2/1/88; 86-09-078 (Order 147), § 251-01-435, filed 4/22/86.]

An employee, prior to completing a trial service period, may be reverted by an employing official for failure to perform satisfactorily in the class.  When such reversion becomes necessary, the written notice and employee rights upon reversion will be as provided in WAC 251-19-060(((3))).  Trial service reversion is not appealable to the personnel appeals board when the conditions of WAC 251-19-060(((4))) have been satisfied.

[Statutory Authority: RCW 41.06.150.  98-19-035, § 251-11-130, filed 9/10/98, effective 10/12/98.  Statutory Authority: RCW 28B.16.100.  88-22-057 (Order 174), § 251-11-130, filed 11/1/88.]

(1) Probationary appointment shall be made only upon appointment of eligibles from the:

(a) Open-competitive or noncompetitive list.

(b) Institution-wide layoff list - when the employee was in probationary status at the time of layoff.

(((c) State-wide layoff list.))

(((d))) (c) Combined eligible list as provided in WAC 251-18-180(((10))) and 251-18-240 (((3)(b)(ii))) when the person appointed is neither a permanent employee of the institution nor an employee moving pursuant to WAC 251-19-110.

(2) The probationary period will continue for the length of time as determined under WAC 251-06-090, unless interrupted as provided in these rules.  All positions in a class shall require the same probationary period.  In the event an employee is on leave without pay and/or shared leave for more than ten work days during the probationary period, the completion date of the probationary period shall be extended by an amount of time equal to the period of leave without pay and/or shared leave.

(3) Qualified probationary employees may be reappointed during the probationary period to other classes.  Upon such reappointment the following shall apply:

(a) The employee shall begin a probationary period in the new class;

(b) The salary in the new class shall be established as provided in WAC 251-08-080;

(c) The former periodic increment date shall be abolished and a new periodic increment date established in the same manner as provided in WAC 251-08-100(((2))).

[Statutory Authority: RCW 41.06.150.  97-01-065, § 251-19-050, filed 12/13/96, effective 1/13/97.  Statutory Authority: RCW 28B.16.100.  88-02-018 (Order 165), § 251-19-050, filed 12/30/87, effective 2/1/88.]

(1) A trial service period of six months shall be required upon appointment of a permanent employee to a new class at the institution, unless

(a) During the current period of employment at the institution, permanent status has been held in the class to which the employee is moving, or

(b) The class is lower in that same class series, or

(c) The employee is being reallocated per the provisions of WAC 251-06-080 (((1)(a))), or

(d) The employee is moving to the class as part of a recognized apprenticeship program as provided in WAC 251-19-140(((5))).

(2) A trial service period of six months shall be required upon employee movement as specified in WAC 251-19-110.

(3) A trial service period shall be required upon appointment from an institution-wide promotional list as provided in WAC 251-18-180 (((3)(b))).

(4) A trial service period shall be required upon appointment from a statewide layoff list as provided in WAC 251-10-060.

(((4))) (5) The trial service period provides the employing official an opportunity to observe and evaluate the new employee's work.  Employees who do not perform satisfactorily during the trial service period may be reverted as follows:

(a) With preemptive rights to the former position in which permanent status was last held, or to a vacant position in that class (except when reversion is from a position the appointment to which was a result of disciplinary demotion or employee movement as specified in WAC 251-19-110).  The personnel officer shall determine which position to preempt.  However, if the employee was in a trial service appointment in another class prior to the current trial service period, the personnel officer may provide the employee the opportunity to complete the first interrupted trial service period.

(b) Reversion must be preceded by written notice at least one work day (eight hours), before the effective date.

(c) If the former position to which the employee has preemptive rights has been abolished and a vacant position in the class is not available, or if there is no class to which the reverted employee has preemptive rights, the affected employee shall be accorded such bumping rights and placement on layoff lists as would be provided in layoff from his/her former class.

(((5))) (6) Reversion from trial service must be preceded by:

(a) Written notice detailing deficiencies in performance, which shall include the specific changes required; and

(b) A reasonable opportunity to overcome identified deficiencies.

(((6))) (7) An employee who is reverted may appeal to the personnel appeals board regarding:

(a) Whether the employer complied with the requirements of subsection (((5)(a) and (b))) (6) of this section; and

(b) Whether the claimed deficiencies existed at the time of reversion.

(((7))) (8) In the event an employee is on leave without pay status and/or shared leave for more than ten work days during the trial service period, the completion date of the trial service period shall be extended by an amount of time equal to the period of leave without pay and/or shared leave.

(((8))) (9) Successful completion of the trial service period shall result in permanent status in the class.

(((9))) (10) Salary and periodic increment date shall be determined as follows:

(a) Upon promotional trial service appointment, the salary shall be established as provided in WAC 251-08-110; and the existing periodic increment date shall be eliminated and a new date established to be effective the date of completion of trial service;

(b) Upon trial service reversion the salary shall be established as provided in WAC 251-08-115(((4))) and the former periodic increment date shall be reestablished;

(c) Upon trial service appointment to a class at the same salary level, the salary and periodic increment date shall remain unchanged.

[Statutory Authority: RCW 41.06.150.  98-19-035, § 251-19-060, filed 9/10/98, effective 10/12/98; 97-01-065, § 251-19-060, filed 12/13/96, effective 1/13/97.  Statutory Authority: RCW 41.06.040 and 41.06.150.  93-19-078, § 251-19-060, filed 9/14/93, effective 10/1/93.  Statutory Authority: RCW 28B.16.100.  88-02-018 (Order 165), § 251-19-060, filed 12/30/87, effective 2/1/88.]

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