WAC
356-06-001 Declaration of purpose.
356-06-002 Scope and construction of terms.
356-06-003 Scope.
356-06-030 Personnel services—Governmental agencies.
356-06-040 Classified service.
356-06-045 Movement between Washington general service and Washington management service positions.
356-06-050 Exempt service.
356-06-055 Exempt—Classified service—Movement between.
356-06-065 Incumbent status for positions converted by the board from exempt to classified.
356-06-100 Director—Powers—Duties.
356-06-110 Federal preemption—Fair Labor Standards Act.
356-06-120 Americans with Disabilities Act of 1990—Federal and state preemption.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
356-06-010 Definitions. [Statutory Authority: RCW 41.06.150. 84-14-006 (Order 207), § 356-06-010, filed 6/22/84; 84-12-079 (Order 206), § 356-06-010, filed 6/6/84; 84-11-003 (Order 203), § 356-06-010, filed 5/4/84; 84-02-030 (Order 194), § 356-06-010, filed 12/30/83; 83-01-115 (Order 179), § 356-06-010, filed 12/22/82. Statutory Authority: RCW 41.06.150(17). 82-19-092 (Order 175), § 356-06-010, filed 9/22/82; 82-09-022 (Order 169), § 356-06-010, filed 4/12/82; 82-03-030 (Order 165), § 356-06-010, filed 1/18/82; 81-23-031 (Order 163), § 356-06-010, filed 11/16/81; 80-13-047 (Order 147), § 356-06-010, filed 9/16/80; 80-09-010 (Order 145), § 356-06-010, filed 7/8/80; 78-02-049 (Order 116), § 356-06-010, filed 1/19/78; Order 113, § 356-06-010, filed 11/30/77; Order 112, § 356-06-010, filed 11/7/77; Order 109, § 356-06-010, filed 9/7/77; Order 100, § 356-06-010, filed 3/30/77; Order 98, § 356-06-010, filed 1/13/77, effective 2/13/77; Order 94, § 356-06-010, filed 11/2/76, effective 1/1/77; Order 92, § 356-06-010, filed 10/5/76, effective 11/5/76; Order 89, § 356-06-010, filed 6/30/76, effective 7/31/76; Order 86, § 356-06-010, filed 5/4/76; Order 82, § 356-06-010, filed 9/26/75; Order 80, § 356-06-010, filed 7/16/75; Order 78, § 356-06-010, filed 5/19/75, effective 7/1/75; Order 77, § 356-06-010, filed 5/7/75; Order 74, § 356-06-010, filed 3/7/75; Order 71, § 356-06-010, filed 12/30/74; Order 69, § 356-06-010, filed 9/30/74; Order 63, § 356-06-010, filed 2/26/74; Order 58, § 356-06-010, filed 9/10/73; Order 57, § 356-06-010, filed 7/31/73; Order 51, § 356-06-010, filed 12/19/72; Order 47, § 356-06-010, filed 6/14/72; Order 42, § 356-06-010, filed 1/11/72; Permanent and Emergency Order 39, § 356-06-010, filed 9/15/71; Order 36, § 356-06-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-010.]Repealed by 84-17-042 (Order 209), filed 8/10/84. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. Later promulgation, see chapter 356-05 WAC.
356-06-020 Exemptions. [Statutory Authority: RCW 41.06.150. 98-19-034, § 356-06-020, filed 9/10/98, effective 10/12/98; 95-19-054, § 356-06-020, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 90-12-027 (Order 353), § 356-06-020, filed 5/30/90, effective 6/30/90. Statutory Authority: RCW 41.06.150. 87-24-028 (Order 287), § 356-06-020, filed 11/24/87, effective 1/1/88; 85-21-113 (Order 237), § 356-06-020, filed 10/23/85, effective 12/1/85; 85-19-078 (Order 230), § 356-06-020, filed 9/18/85. Statutory Authority: RCW 41.06.150, 41.06.169, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), § 356-06-020, filed 8/10/84. Statutory Authority: RCW 41.06.150(17). 80-06-032 (Order 143), § 356-06-020, filed 5/9/80, effective 6/12/80; 79-12-012 (Order 137), § 356-06-020, filed 11/13/79; 78-05-025 (Order 119), § 356-06-020, filed 4/14/78; Order 63, § 356-06-020, filed 2/26/74; Order 37, § 356-06-020, filed 8/17/71, effective 9/17/71; Order 36, § 356-06-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-020.] Repealed by 02-15-050, filed 7/11/02, effective 9/1/02. Statutory Authority: RCW 41.06.150.
356-06-060 Personnel board—Composition—Appointment. [Statutory Authority: RCW 41.06.150(17). 78-05-025 (Order 119), § 356-06-060, filed 4/14/78; Order 36, § 356-06-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-090.]Repealed by 98-19-034, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150.
356-06-070 Personnel board—Procedure—Quorum. [Statutory Authority: RCW 41.06.150(17). 78-05-025 (Order 119), § 356-06-070, filed 4/14/78; Order 36, § 356-06-070, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-100.]Repealed by 98-19-034, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150.
356-06-080 Powers—Duties of the board. [Statutory Authority: RCW 41.06.150. 98-19-034, § 356-06-080, filed 9/10/98, effective 10/12/98; 96-11-062, § 356-06-080, filed 5/10/96, effective 6/6/96; 95-19-054, § 356-06-080, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 356-06-080, filed 9/22/93, effective 10/23/93; 90-12-022 (Order 348), § 356-06-080, filed 5/30/90, effective 6/30/90. Statutory Authority: RCW 41.06.150. 86-12-036 (Order 251), § 356-06-080, filed 5/30/86, effective 7/1/86; 83-13-091 (Order 186), § 356-06-080, filed 6/17/83. Statutory Authority: RCW 41.06.150(17). 78-05-025 (Order 119), § 356-06-080, filed 4/14/78; Order 75, § 356-06-080, filed 3/24/75; Order 36, § 356-06-080, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-110.] Repealed by 04-15-018, filed 7/8/04, effective 8/8/04. Statutory Authority: RCW 41.06.150.
356-06-090 Director—Appointment—Removal. [Order 36, § 356-06-090, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-120.]Repealed by 98-19-034, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150.
WAC 356-06-001 Declaration of purpose. The general purpose of these rules is to establish for the state a system of personnel administration based on merit principles, including affirmative action, and scientific methods of governing the appointment, promotion, transfer, layoff, recruitment, retention, classification and pay plan, removal, discipline and welfare of its civil employees, and other incidents of state employment. All appointments and promotions to positions, and the retention therein, in the state service shall be made on the basis of policies hereinafter specified.
[Statutory Authority: RCW 41.06.150. 87-06-032 (Order 270), § 356-06-001, filed 2/27/87, effective 4/1/87; Order 36, § 356-06-001, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-001.]
WAC 356-06-002 Scope and construction of terms. Terms used in these merit system rules will have the meaning given to them except where otherwise defined, and unless where used the context thereof shall clearly indicate to the contrary.
Words and phrases used herein in the past, present or future tense shall include the past, present and future tenses; words and phrases used herein in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter genders; and words and phrases used herein in the singular or plural shall include the singular and plural; unless the context thereof shall indicate to the contrary.
[Order 63, § 356-06-002, filed 2/26/74.]
WAC 356-06-003 Scope. The provisions of these rules shall apply to all personnel under the jurisdiction of chapter 41.06 RCW except those exempted under the provisions of WAC 356-03-010. These rules and the compensation and classification plans adopted hereunder shall continue to apply as before and shall not be used interchangeably with those adopted under the former higher education civil service law (chapter 28B.16 RCW). Further, these rules and compensation and classification plans shall continue to apply as before until such time as the director has had adequate time to review and consider changes to the existing rules and plans.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-06-003, filed 7/8/04, effective 8/8/04; 98-19-034, § 356-06-003, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 356-06-003, filed 9/22/93, effective 10/23/93.]
WAC 356-06-030 Personnel services—Governmental agencies. The services of the state department of personnel may be available upon request, on a reimbursable basis, to:
(1) Either the legislative or judicial branch of the state government.
(2) Any county, city, town, or other municipal subdivision of the state.
[Order 36, § 356-06-030, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-040.]
WAC 356-06-040 Classified service. Positions subject to these rules are in the classified service and will be designated by the director as competitive or noncompetitive.
(1) The competitive service includes positions in classes for which a competitive examination is required prior to appointment.
(2) The noncompetitive service includes those unskilled, seasonal and temporary classes or positions for which the director has determined ranked registers to be impracticable.
(3) The director of personnel may at any time review the duties and requirements of any class or position to determine the practicality of competitive examinations and after such studies, present to the director for determination, the proper inclusion or exclusion from the noncompetitive service.
(4) No positions in agencies designated as grant-in-aid, will be included in the noncompetitive service except those positions that need not meet the federal merit system standards or positions which can be placed in the noncompetitive service according to the federal merit system standards.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-06-040, filed 7/8/04, effective 8/8/04; 98-19-034, § 356-06-040, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.140(17). 80-04-025 (Order 142), § 356-06-040, filed 3/14/80; Order 71, § 356-06-040, filed 12/30/74; Permanent and Emergency Order 39, § 356-06-040, filed 9/15/71; Order 36, § 356-06-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-050, 356-04-060, 356-04-070.]
WAC 356-06-045 Movement between Washington general service and Washington management service positions. (1) Employees who have attained permanent status, or who have completed six months of the review period, in the Washington management service are eligible to compete under promotional recruitments for Washington general service positions.
(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.
(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: RCW 41.06.150. 01-07-055, § 356-06-045, filed 3/19/01, effective 5/1/01. 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.]
WAC 356-06-050 Exempt service. The exempt service includes only the positions and agencies, officers and employees listed in WAC 356-06-020 who do not have appeal rights to the personnel appeals board when demoted or separated by dismissal or reduction in force. Appointments to any exempt position in branches, departments, or agencies not exempted by statute shall be reported by the director of personnel to the board and shall include such information as may be required to ascertain that the position is properly included in the exempt service. The director of personnel may at any time study the duties of a position in this service to determine the propriety of its continued inclusion in this service.
[Statutory Authority: RCW 41.06.150. 98-19-034, § 356-06-050, filed 9/10/98, effective 10/12/98; 84-11-091 (Order 204), § 356-06-050, filed 5/23/84, effective 9/1/84; Order 36, § 356-06-050, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-080.]
WAC 356-06-055 Exempt—Classified service—Movement between. (1) Any employee having permanent status in a classified position who accepts an appointment in an exempt position shall have the right to return to classified service. Such employee shall have the right to return to the highest class of position in which the employee previously held permanent status, or to a position of similar nature and salary, provided the employee was not terminated from an exempt position for gross misconduct or malfeasance. The highest class of position does not necessarily mean return to the most recent agency. The return right will be to the most recent agency in which permanent status in the highest class was held. Such employee must apply to return to classified service within 30 calendar days of:
(a) Separation from employment in such exempt position, or
(b) Separation from employment in any other exempt position in which the employee subsequently served provided there was no break in his/her service with the state of more than 30 calendar days.
(2) Employees exercising return rights within the time specified, as provided in subsection (1) of this section, shall return:
(a) At the time of separation or application, whichever is later.
(b) To a salary not less than the salary they left, adjusted according to salary changes that would have occurred in the interim.
(c) With the same status they last held at the time they left the classified service.
(d) With their seniority credited with the full time of their absence from classified service and with no break in service.
(3) When a classified employee holds a position in the classified service which is exempted, the following provisions shall apply at the time of the exemption:
(a) If the employee is appointed to the exempted position, or to another exempt position, the employee shall have the right to return to the classified service as specified in subsection (1).
(b) If the employee is not appointed to the exempted position, or to another exempt position, the employee shall have the right to return to the classified service as specified in subsection (1).
(4) Employees of the exempt service who have not previously left the classified service specifically to take an exempt position shall not be entitled to move back into the classified service under the provisions of this section nor through the reduction in force process.
(5) Employees may replace incumbents currently in the position to which they are returning. Seniority shall not be a factor in initially determining the position chosen for the returning employee. However, after the employee returns, the least senior person in the position is entitled to the rights and options of the reduction in force procedures of their agency.
(6) Employees in the classified service whose positions have been exempted from the civil service law in accordance with RCW 41.06.070 (24), (25), or (28) and have not previously held other classified positions may return to the classified service in any vacant positions in their respective departments provided the employees:
(a) Meet the minimum qualifications;
(b) Have greater seniority than other employees who would be offered the vacancy(ies) as a reduction in force option or as candidates certified from the reduction in force register.
[Statutory Authority: RCW 41.06.040 and 41.06.150. 92-20-026 and 92-22-042 (Orders 411 and 411A), § 356-06-055, filed 9/28/92 and 10/27/92, effective 11/1/92 and 11/27/92; 92-14-068 (Order 405), § 356-06-055, filed 6/26/92, effective 8/1/92; 91-21-081 (Order 392), § 356-06-055, filed 10/18/91, effective 12/1/91; 90-12-027 (Order 353), § 356-06-055, filed 5/30/90, effective 6/30/90. Statutory Authority: RCW 41.06.150. 85-21-113 (Order 237), § 356-06-055, filed 10/23/85, effective 12/1/85; 84-11-091 (Order 204), § 356-06-055, filed 5/23/84, effective 9/1/84; 83-09-030 (Order 183), § 356-06-055, filed 4/15/83. Statutory Authority: RCW 41.06.150(17). 82-22-020 (Order 177), § 356-06-055, filed 10/26/82; 82-19-092 (Order 175), § 356-06-055, filed 9/22/82; Order 82, § 356-06-055, filed 9/26/75; Order 69, § 356-06-055, filed 9/30/74; Order 63, § 356-06-055, filed 2/26/74.]
WAC 356-06-065 Incumbent status for positions converted by the board from exempt to classified. (1) When the director determines that a position that has been treated as exempt does not meet the exemption criteria in WAC 356-03-010 the incumbent's status within the classified Washington general service will be in accordance with subsections (2) through (10) of this section.
(2) The incumbent shall not be required to pass a qualifying examination or meet the minimum qualifications for the Washington general service classification to which their position is allocated.
(3) Incumbents who have been continuously employed for a period of time equivalent to or greater than the probationary period established for their Washington general service classification shall not be required to complete the probationary period. Incumbents who have not been continuously employed for a period of time equivalent to or greater than the probationary period shall be required to complete the remaining portion of their probationary period.
(4) Incumbents whose salary is higher than the salary range assigned to their Washington general service classification shall be Y-rated in accordance with WAC 356-14-075.
(5) The periodic increment date (PID) for incumbents placed in positions converted by the director on or before the fifteenth of the month shall be set at the first day of that month. The PID for incumbents placed in positions converted by the director after the fifteenth of the month shall be set the first day of the following month.
(6) Incumbents shall be credited with all unused sick leave credits, if any, that they had accrued up to the time of placement in a position converted by the director and shall begin to accrue sick leave as provided in WAC 356-18-050.
(7) Incumbents shall be credited with all unused vacation leave credits, if any, that they had accrued up to the time of placement in a position converted by the director and shall begin to accrue vacation leave as provided in WAC 356-18-090.
(8) With regard to calculation of unused sick and vacation leave credits upon conversion, the employing agency's leave records are presumed to be accurate and in accordance with Chapter 356-18 WAC. If the incumbent disagrees he or she bears the burden of proof, by a preponderance of the evidence, that a different leave amount is correct under Chapter 356-18 WAC.
(9) The director will determine the methodology to be used for establishing the effective date for incumbent seniority. When feasible, the director will apply the methodology as prescribed in WAC 356-05-390. The employing agency shall set the seniority date in accordance with the director's instruction. Thereafter, incumbents shall accrue seniority in accordance with WAC 356-05-390. As provided in WAC 356-30-130, seniority gained by seasonal career employees during seasonal layoff will be disregarded. If an incumbent believes the agency did not set the seniority date in accordance with the board's instructions, the incumbent may request a review with the director. The written request for review must be filed with the director and received within thirty calendar days from the date the agency informed the employee of their seniority date. The request must contain the reasons and basis for the review. Once the review is completed the director or designee shall issue a decision, which will be final and binding.
(10) Incumbents placed in a position converted under the provisions of this section have appeal rights as provided in Titles 356 and 358 WAC.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-06-065, filed 7/8/04, effective 8/8/04; 03-16-085, § 356-06-065, filed 8/5/03, effective 9/5/03; 02-15-047, § 356-06-065, filed 7/11/02, effective 9/1/02.]
WAC 356-06-100 Director—Powers—Duties. The director of personnel is appointed by the governor under the provisions of RCW 41.06.130.
The director directs and supervises all the department of personnel's administrative and technical activities in accordance with the provisions of chapter 41.06 RCW and the civil service rules. The director is responsible to:
Adopt rules consistent with the purposes and provisions of the state civil service law and the best standards of personnel administration.
Audit and review 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.
Adopt and revise 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, 41.06.150(4), and chapter 43.88 RCW.
Adopt and revise as necessary a state salary schedule in accordance with RCW 41.06.133(10).
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-06-100, filed 7/8/04, effective 8/8/04; 98-19-034, § 356-06-100, filed 9/10/98, effective 10/12/98; 95-19-098, § 356-06-100, filed 9/20/95, effective 11/1/95; Order 71, § 356-06-100, filed 12/30/74; Order 36, § 356-06-100, filed 7/1/71, effective 8/1/71. Formerly WAC 356-04-130.]
WAC 356-06-110 Federal preemption—Fair Labor Standards Act. Agencies shall comply with the rules of the director (Title 356 WAC) unless doing so causes them to violate the Fair Labor Standards Act.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-06-110, filed 7/8/04, effective 8/8/04; 98-19-034, § 356-06-110, filed 9/10/98, effective 10/12/98. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.150. 95-03-090, § 356-06-110, filed 1/18/95, effective 3/1/95.]
WAC 356-06-120 Americans with Disabilities Act of 1990—Federal and state preemption. Agencies shall comply with the rules of the director (Title 356 WAC) 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: RCW 41.06.150. 04-15-018, § 356-06-120, filed 7/8/04, effective 8/8/04; 98-19-034, § 356-06-120, filed 9/10/98, effective 10/12/98; 98-08-024, § 356-06-120, filed 3/20/98, effective 5/1/98.]