Chapter 357-04 WAC

Last Update: 5/14/14

GENERAL PROVISIONS

WAC Sections

357-04-005What is the purpose of the civil service rules?
357-04-010Who is covered by the civil service rules?
357-04-015Who is not covered by civil service rules?
357-04-020May the director exempt other positions from civil service?
357-04-025What rights does a classified employee have when the position he/she holds is exempted from the civil service rules?
357-04-027What rights does an exclusive bargaining unit representative have when a vacant bargaining unit position is exempted from the civil service rules?
357-04-030What right does an employee have to return to the classified service from exempt service?
357-04-035Who defines exempt status for student, part-time, or temporary employees and part-time professional consultants for higher education employers?
357-04-040Which student employees of higher education employers are exempt from civil service rules?
357-04-045Which part-time or temporary employees of higher education employers are exempt from civil service rules?
357-04-050Which part-time professional consultants of higher education employers are exempt from civil service rules?
357-04-055Who defines exempt status for student, part-time, or temporary employees; part-time professional consultants; and inmates for general government employers and what types of positions are exempt?
357-04-060For which exempt positions does the director establish the salary?
357-04-065What are the duties of the board?
357-04-070What are the powers and duties of the director?
357-04-075Must higher education employers designate a personnel officer?
357-04-080What are the duties of personnel officers for higher education employers?
357-04-085What role does the state board for community and technical colleges have?
357-04-090May authority be delegated?
357-04-095How does the federal Fair Labor Standards Act and the Washington State Minimum Wage Act relate to the Washington state civil service rules?
357-04-100How does the federal Americans with Disabilities Act of 1990 and other laws about persons with disabilities relate to the Washington state civil service rules?
357-04-105When the civil service rules require an applicant, candidate, employee, or employer to receive notice, how must notice be provided?
357-04-110How is time computed under the civil service rules?
357-04-115What happens if any part of these rules is held invalid?
357-04-120What happens to previous merit system and civil service rules and actions initiated under them?
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
357-04-130What rules ensure that the director's office complies with the provisions of the State Public Records Act? [Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-04-130, filed 11/10/11, effective 12/13/11.] Repealed by WSR 14-11-034, filed 5/14/14, effective 6/16/14. Statutory Authority: Chapter 41.06 RCW.


357-04-005
What is the purpose of the civil service rules?

Title 357 WAC, referred to as the civil service rules, establishes a system of personnel administration for general government and higher education employers and employees.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-005, filed 12/21/04, effective 7/1/05.]



357-04-010
Who is covered by the civil service rules?

The provisions of the civil service rules apply to all employees and employers under the jurisdiction of chapter 41.06 RCW except those positions or employees exempted under the provisions of WAC 357-04-015, 357-04-020, 357-04-035, 357-04-040, 357-04-045, 357-04-050 and 357-04-055. Employee business unit members as defined in WAC 357-43-001 are only covered by chapter 357-43 WAC of the civil service rules.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-010, filed 12/21/04, effective 7/1/05.]



357-04-015
Who is not covered by civil service rules?

The civil service rules do not apply to positions specifically exempted in individual agency statutes, chapter 41.06 RCW, and to the following:
(1) Washington state patrol trooper cadets in training for commissioning as troopers in the Washington state patrol;
(2) The executive director, his/her confidential secretary, assistant directors, and professional education employees of the state board for community and technical colleges; and
(3) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel resources board in WAC 357-04-040, 357-04-045, 357-04-050, and 357-04-055.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-015, filed 12/21/04, effective 7/1/05.]



357-04-020
May the director exempt other positions from civil service?

The director may provide for further exemptions for general government positions involving substantial responsibility for formulating basic agency or executive policy or involving directing and controlling program operations of an agency or a major administrative division of an agency in accordance with the provisions and procedures of RCW 41.06.070(3).
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-020, filed 12/21/04, effective 7/1/05.]



357-04-025
What rights does a classified employee have when the position he/she holds is exempted from the civil service rules?

As required by RCW 41.06.070(3) and 41.06.170, an employee holding a classified position has the following rights if the position is exempted from the application of the civil service rules:
(1) If the employee previously held permanent status in another classified position, the employee has the right to return to the highest class of position previously held, or to a position of similar nature and salary in accordance with WAC 357-19-220.
(2) The employee may appeal the exemption of the position in accordance with chapter 357-52 WAC.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-025, filed 12/21/04, effective 7/1/05.]



357-04-027
What rights does an exclusive bargaining unit representative have when a vacant bargaining unit position is exempted from the civil service rules?

As provided in RCW 41.06.170(3), the exclusive bargaining unit representative for a vacant position that has been exempted from chapter 41.06 RCW may appeal the exemption of the position in accordance with chapter 357-52 WAC.
[Statutory Authority: Chapter 41.06 RCW. WSR 09-17-065, § 357-04-027, filed 8/13/09, effective 9/16/09.]



357-04-030
What right does an employee have to return to the classified service from exempt service?

As required by RCW 41.06.070(3), any employee having permanent status in a classified position who accepts an appointment in an exempt position has the right to return to classified service in accordance with WAC 357-19-195, 357-19-200, and 357-19-205. As long as the employee was not terminated from the exempt position for gross misconduct or malfeasance, the employee has the right to return to the highest class of position in which he/she previously held permanent status or to a position of similar nature and salary.
[Statutory Authority: Chapter 41.06 RCW. WSR 06-15-067, § 357-04-030, filed 7/13/06, effective 8/14/06; WSR 05-01-203, § 357-04-030, filed 12/21/04, effective 7/1/05.]



357-04-035
Who defines exempt status for student, part-time, or temporary employees and part-time professional consultants for higher education employers?

In accordance with RCW 41.06.070, the board defines exemptions for student, part-time or temporary employees and part-time professional consultants. Higher education employers must use the definitions in WAC 357-04-040, 357-04-045, and 357-04-050 as the criteria for identifying positions in these categories of employment that are exempt from civil service rules.
[Statutory Authority: Chapter 41.06 RCW. WSR 04-15-016, § 357-04-035, filed 7/8/04, effective 7/1/05.]



357-04-040
Which student employees of higher education employers are exempt from civil service rules?

(1) Students who are participating in a documented and approved internship program which consists of an academic component and work experience are exempt.
(2) Students who are employed through the state or federal work/study programs are exempt.
(3) Students are exempt if they are employed by the institution at which they are enrolled (or by a related board) and meet any one of the following conditions:
(a) The student works five hundred sixteen hours or less (516 or less) in any six consecutive months. Hours worked in a temporary position(s) during the summer and other breaks in the academic year are not counted in the five hundred sixteen (516) hours. The position is exempt only if the student does not take the place of a classified employee who was laid off due to lack of funds or lack of work; and the student does not fill a position that is currently or was formerly occupied by a classified employee during the current or prior calendar or fiscal year, whichever is longer.
(b) The student is employed in a position directly related to his/her major field of study to provide a training opportunity; or
(c) The student is elected or appointed to a student body office or student organization position such as student officers or student news staff members.
[Statutory Authority: Chapter 41.06 RCW. WSR 04-15-016, § 357-04-040, filed 7/8/04, effective 7/1/05.]



357-04-045
Which part-time or temporary employees of higher education employers are exempt from civil service rules?

Persons employed to work one thousand fifty hours or less in a twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later, are exempt from civil service rules.
Employees who are either exempt under this subsection or exceptions authorized under WAC 357-19-440, and who work more than three hundred fifty hours in a twelve consecutive month period from the original date of hire or January 1, 2004, whichever is later, may be included in an appropriate bargaining unit for purposes of collective bargaining, as determined by the public employment relations commission. Overtime and time worked as a student employee under the provisions of WAC 357-04-040 are not counted in the three hundred fifty hours. For purposes of counting the three hundred fifty hours, the twelve-month period will begin on the employee's original date of hire or January 1, 2004, whichever is later. The next twelve-month period will repeat accordingly. For example:
The employee's original date of hire is June 1, 2009. The twelve-month period would be June 1, 2009, through May 31, 2010. The next twelve-month period would be June 1, 2010, through May 31, 2011. This pattern will continue.
Once the employee works at least three hundred fifty hours in a job classification in the collective bargaining unit the employee remains in that collective bargaining unit until the end of the first twelve-month period (as described in this section) in which the employee does not work at least three hundred fifty hours in a job classification that is in the collective bargaining unit. An employee who has not worked sufficient hours in a bargaining unit job classification to remain in the bargaining unit, is excluded from the bargaining unit until the employee again works at least three hundred fifty hours in a bargaining unit job classification in a twelve-month period (as described in this section).
Temporary appointment under the provisions of this section may be subject to remedial action in accordance with WAC 357-19-450, if the number of hours worked exceeds one thousand fifty hours in a twelve consecutive month period from the original date of hire or October 1, 1989, whichever is later. Overtime and time worked as a student employee under the provisions of WAC 357-04-040 are not counted in the one thousand fifty hours. For purposes of counting the one thousand fifty hours, the twelve-month period will begin on the employee's original date of hire or October 1, 1989, whichever is later. The next twelve-month period will repeat accordingly. For example:
The employee's original date of hire is June 1, 2009. The twelve-month period would be June 1, 2009, through May 31, 2010. The next twelve-month period would be June 1, 2010, through May 31, 2011. This pattern will continue.
[Statutory Authority: RCW 41.06.150. WSR 10-11-021, § 357-04-045, filed 5/10/10, effective 6/10/10. Statutory Authority: Chapter 41.06 RCW. WSR 04-15-016, § 357-04-045, filed 7/8/04, effective 7/1/05.]



357-04-050
Which part-time professional consultants of higher education employers are exempt from civil service rules?

Part-time professional consultants who are retained by a higher education employer on an independent part-time or temporary basis such as physicians, architects, or other professional consultants employed through an independent contractual relationship for advisory purposes and who do not perform administrative or supervisory duties are exempt from civil service rules.
[Statutory Authority: Chapter 41.06 RCW. WSR 04-15-016, § 357-04-050, filed 7/8/04, effective 7/1/05.]



357-04-055
Who defines exempt status for student, part-time, or temporary employees; part-time professional consultants; and inmates for general government employers and what types of positions are exempt?

In accordance with RCW 41.06.070, the board defines exemptions for student, part-time or temporary employees; part-time professional consultants; and inmates. The following types of general government employees are exempt from civil service rules:
(1) Part-time local health officers;
(2) Persons employed on a part-time, or temporary basis for medical, nursing or other professional service and who are not engaged in the performance of administrative duties;
(3) Part-time or temporary employees who are enrolled as full-time students in recognized educational institutions and whose employment is largely to provide a training opportunity, and all temporary employees not in federal grant-in-aid programs;
(4) Patient and resident help in general government residential facilities;
(5) Inmate help in general government correctional facilities; and
(6) Skilled and unskilled labor employed temporarily on force account; construction and maintenance projects; or employed on temporary seasonal single phases of agricultural production or harvesting; or as determined by the director to be equivalent.
[Statutory Authority: Chapter 41.06 RCW. WSR 04-15-016, § 357-04-055, filed 7/8/04, effective 7/1/05.]



357-04-060
For which exempt positions does the director establish the salary?

(1) The director must determine the salary and fringe benefits of all positions presently or hereafter exempted except for the following:
(a) Chief executive officer of each agency;
(b) Full-time members of boards and commissions;
(c) Administrative assistants and confidential secretaries in the immediate office of an elected state official; and
(d) Personnel listed in RCW 41.06.070 (1)(j) through (u), (1)(x) and (2).
(2) Actions taken to establish or revise exempt salaries must meet the provisions outlined in RCW 41.06.152.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-060, filed 12/21/04, effective 7/1/05.]



357-04-065
What are the duties of the board?

The board is composed of three members appointed by the governor and confirmed by the senate as provided in RCW 41.06.110.
(1) The board must annually elect a chair and vice chair from among its members to serve one year.
(2) The board must conduct business in accordance with RCW 41.06.120.
(3) The board is responsible for:
(a) Defining criteria for exemption from the civil service rules as provided in RCW 41.06.070(1).
(b) Hearing and determining employee appeals in accordance with chapter 357-52 WAC.
[Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-04-065, filed 11/10/11, effective 12/13/11; WSR 04-15-017, § 357-04-065, filed 7/8/04, effective 7/1/05.]



357-04-070
What are the powers and duties of the director?

(1) The director is appointed by the governor under the provisions of chapter 43, Laws of 2011.
(2) The director may delegate to any general government agency the authority to perform administrative and technical personnel activities if the general government agency requests such authority and the director is satisfied that the general government agency has the personnel management capabilities to effectively delegate activities.
(3) The director shall prescribe standards and guidelines for the performance of delegated activities.
(4) The director is responsible for:
(a) Adopting rules consistent with the purposes and provisions of the state civil service law and the best standards of personnel administration.
(b) Auditing and reviewing the personnel administration and management at each agency, institution of higher education, and related higher education board periodically and at other such times as may be necessary.
(c) Adopting and revising as necessary a comprehensive classification plan for all positions in the classified service. In adopting the revisions, the director must comply with RCW 41.06.152, chapter 43, Laws of 2011, and chapter 43.88 RCW.
[Statutory Authority: Chapter 41.06 RCW. WSR 11-23-054, § 357-04-070, filed 11/10/11, effective 12/13/11; WSR 05-01-203, § 357-04-070, filed 12/21/04, effective 7/1/05.]



357-04-075
Must higher education employers designate a personnel officer?

Each higher education institution and higher education related board must designate an officer to perform duties as personnel officer as provided in RCW 41.06.510.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-075, filed 12/21/04, effective 7/1/05.]



357-04-080
What are the duties of personnel officers for higher education employers?

The personnel officer directs, supervises, and manages administrative and technical personnel activities for the classified service consistent with policies established by the higher education institution or related board, chapter 41.06 RCW, and the civil service rules.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-080, filed 12/21/04, effective 7/1/05.]



357-04-085
What role does the state board for community and technical colleges have?

The state board for community and technical colleges has general supervision and control over activities undertaken by the various community and technical colleges.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-085, filed 12/21/04, effective 7/1/05.]



357-04-090
May authority be delegated?

(1) The head of an agency or the governing board of a higher education institution or related board may delegate the responsibilities and duties of an appointing authority including the authority to appoint, transfer, layoff, reduce, dismiss, suspend, or demote employees.
(2) Authority may only be delegated to individuals in positions reporting directly to the head of the agency, deputy director, president of the institution, or vice president of the institution, or individuals who are the heads of the major subdivisions of the employer.
(3) Delegation of authority must be in writing.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-090, filed 12/21/04, effective 7/1/05.]



357-04-095
How does the federal Fair Labor Standards Act and the Washington State Minimum Wage Act relate to the Washington state civil service rules?

Employers must comply with the civil service rules unless doing so causes them to violate chapter 49.46 RCW or the federal Fair Labor Standards Act.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-095, filed 12/21/04, effective 7/1/05.]



357-04-100
How does the federal Americans with Disabilities Act of 1990 and other laws about persons with disabilities relate to the Washington state civil service rules?

Employers must comply with the civil service rules unless doing so would cause them to violate state laws, chapter 49.60 RCW, or the federal Americans with Disabilities Act of 1990.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-100, filed 12/21/04, effective 7/1/05.]



357-04-105
When the civil service rules require an applicant, candidate, employee, or employer to receive notice, how must notice be provided?

(1) Except as provided in chapters 357-40 and 357-52 WAC, when the civil service rules require an applicant, candidate, employee, or employer to receive notice, the notice must be provided by personal delivery, United States mail, or by telephone facsimile transmission with same-day mailing of copies unless the specific rule requiring notice allows for alternative methods of providing notice such as electronic mail ("email"), state mail service, commercial parcel delivery or campus mail service.
(2) Except as provided in chapters 357-40 and 357-52 WAC, service of notice upon parties will be regarded as completed when personal delivery has been accomplished; or upon deposit in the United States mail, properly stamped and addressed; or upon production by telephone facsimile transmission of confirmation of transmission. When a specific rule allows alternative methods of service, service upon parties will be regarded as completed when it is actually received by the party to which notice is being provided.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-12-079, § 357-04-105, filed 5/27/05, effective 7/1/05; WSR 05-01-203, § 357-04-105, filed 12/21/04, effective 7/1/05.]



357-04-110
How is time computed under the civil service rules?

Whenever a period of time is mentioned in the civil service rules, that period must be computed by excluding the first day of the period and including the last day, unless a specific civil service rule states something different. If the last day is a Saturday, Sunday, or holiday, the time period ends on the next business day, unless that Saturday, Sunday, or holiday is a regularly scheduled work day for the employee to whom notice is being provided.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-110, filed 12/21/04, effective 7/1/05.]



357-04-115
What happens if any part of these rules is held invalid?

(Severability.) If any provision of the civil service rules or the application thereof is held invalid, such invalidity does not affect other provisions or applications of the rules which can be given effect without the invalid provision or application, and to this end any section, sentence, or word is declared severable.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-115, filed 12/21/04, effective 7/1/05.]



357-04-120
What happens to previous merit system and civil service rules and actions initiated under them?

(Repeals—Savings.) All previous merit system and civil service rules and amendments are repealed. All actions in force under previous merit system and/or civil service rules will be honored. Unfinished actions that were initiated under previous merit system or civil service rules must be completed under those rules.
[Statutory Authority: Chapter 41.06 RCW. WSR 05-01-203, § 357-04-120, filed 12/21/04, effective 7/1/05.]