16-14-071  

  • WSR 16-14-071
    PROPOSED RULES
    OFFICE OF
    FINANCIAL MANAGEMENT
    [Filed July 1, 2016, 9:15 a.m.]
    Original Notice.
    Proposal is exempt under RCW 34.05.310(4) or 34.05.330(1).
    Title of Rule and Other Identifying Information: WAC 357-13-090 How is an employee affected when his/her position is reallocated?, 357-19-505 What is the purpose of the return-to-work initiative program?, and 357-46-095 Who is eligible for the general government transition pool program?
    Hearing Location(s): Office of Financial Management (OFM), Capitol Court Building, 1110 Capitol Way South, Suite 120, Conference Room 110, Olympia, WA 98501, on August 11, 2016, at 8:30 a.m.
    Date of Intended Adoption: August 11, 2016.
    Submit Written Comments to: Kristie Wilson, OFM, P.O. Box 47500, e-mail Kristie.wilson@ofm.wa.gov, fax (360) 586-4694, by August 4, 2016. For OFM tracking purposes, please note on submitted comments "FORMAL COMMENT."
    Assistance for Persons with Disabilities: Contact OFM by August 4, 2016, TTY (360) 753-4107 or (360) 586-8260.
    Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In 2011, E2SB [ESSB] 5931 (Reorganizing and streamlining central service functions, powers, and duties of state government) removed the requirement which allowed employees to participate in the statewide return-to-work initiative program. As a result, rules (WAC) that addressed this program were repealed. WAC 357-46-095(3) and 357-19-505, which reference the return-to-work initiative program, were inadvertently missed and therefore these rules were not repealed at that time.
    OFM is proposing to amend WAC 357-46-095(3) and 357-13-090 to allow employees who are reallocated to a class with a lower salary range maximum to be placed in the general government transition pool.
    Reasons Supporting Proposal: This proposal will align these rules with current law and practice.
    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.
    Name of Proponent: OFM, governmental.
    Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kristie Wilson, 128 10th Avenue S.W., Olympia, WA 98501, (360) 407-4139.
    No small business economic impact statement has been prepared under chapter 19.85 RCW. Rules related only to internal government operations. No impact to businesses or industry.
    A cost-benefit analysis is not required under RCW 34.05.328. Rules are related to internal government operations and are not subject to violation by a nongovernmental party. See RCW 34.05.328 (5)(b)(ii) for exemption.
    July 1, 2016
    Roselyn Marcus
    Assistant Director of
    Legal and Legislative Affairs
    AMENDATORY SECTION (Amending WSR 14-24-026, filed 11/21/14, effective 12/22/14)
    WAC 357-13-090 How is an employee affected when his/her position is reallocated?
    This table is used to determine how an employee whose position is reallocated is affected.
     
    Employee's position reallocated to:
    Class with a higher salary range maximum
    Class with an equal salary range maximum
    Class with a lower salary range maximum
    Reallocation results from:
    A position review requested by the employee or initiated by the employer
    If the employee has performed the higher level duties for at least six months and meets the competencies and other position requirements:
    If the employee meets the competencies and other position requirements:
    If the employee meets the competencies and other position requirements and chooses to remain in the reallocated position:
     
    ? The employee remains in the position and is appointed with permanent status provided the probationary or trial service period for the class to which the position is reallocated is six months in duration. If the probationary period or trial service period is longer than six months and the employee has not performed higher level duties for the length of the probationary period or trial service period, the employer may require the employee serve the remainder of the probationary or trial service period before gaining permanent status in the reallocated position.
    If the reallocation is the result of a change in the duties of the position and the employee has not performed the higher level duties for six months or more:
    ? The employee remains in the position and retains existing appointment status.
    ? The employee retains appointment status; has the right to be placed on the employer's internal layoff list and in the general government transition pool; and has his/her salary set in accordance with WAC 357-28-120.
     
    ? The employer must give the employee the opportunity to compete for the position. The employer may choose to promote the employee without competition as long as the employee meets the competencies and any other position requirements.
    ? The employee retains the previous base salary in accordance with WAC 357-28-120.
    If the employee chooses to vacate the position or does not meet the competencies and other position requirements:
     
    If the employee is not selected for the position, the employer's layoff procedure applies. If the employee is appointed and he/she has already gained permanent status, the employee must serve a trial service period. If the employee has not completed the probationary period, then the new trial service period will overlap provided the higher and lower classes are in the same or a closely related field. If the classes are not in the same or closely related field, then the employee will start their probationary period over in the new class.
    If the employee does not meet the competencies and other position requirements:
    ? The employer's layoff procedure applies.
     
    Upon appointment to the higher class, the employee's base salary must be increased a minimum of a two step increase, not to exceed step M of the range as provided in WAC 357-28-115.
    ? The employer's layoff procedure applies.
     
    The director revising the classification plan.
    The employee remains in the position and keeps existing appointment status. See WAC 357-28-130 for determining the employee's salary.
    REPEALER
    The following section of the Washington Administrative Code is repealed:
    WAC 357-19-505
    What is the purpose of the return-to-work initiative program?
    AMENDATORY SECTION (Amending WSR 09-11-063, filed 5/14/09, effective 6/16/09)
    WAC 357-46-095 Who is eligible for the general government transition pool program?
    The following individuals are eligible to participate in the general government transition pool program:
    (1) All general government permanent employees separated by layoff or notified by their employer that they are at risk of layoff. This includes Washington management service permanent employees who are separated by layoff or notified by their employer that they are at risk of layoff;
    (2) All general government permanent employees who are reverted and not returned to a permanent position in the ((class)) classification in which the employee last held permanent status;
    (3) ((Employees who are eligible to participate in the return-to-work initiative program in accordance with chapter 357-19 WAC;)) All general government permanent employees who are reallocated to a classification with a lower salary range maximum;
    (4) Permanent Washington management service employees who accept a position in Washington general service and are being voluntarily or involuntarily reverted during the trial service period;
    (5) Former permanent classified general government employees who have submitted a written request for reemployment within two (2) years of disability separation and who have met the reemployment requirements of WAC 357-19-475;
    (6) General government employee business unit members whose contract has expired or been terminated; and
    (7) Permanent Washington management service employees who accept acting appointments and who do not return on the agreed upon date in accordance with WAC 357-58-275.