WAC
356-10-010 Classification plan—Preparation—Content.
356-10-020 Classification plan—Revision.
356-10-030 Positions—Allocation—Reallocation.
356-10-040 Employee appointment status—Downward reallocation.
356-10-045 Employee appointment status—Lateral reallocation.
356-10-050 Employee appointment status—Upward reallocation.
356-10-060 Allocation—Request for review.
356-10-065 Exceptions—Allocation—Reviews.
WAC 356-10-010 Classification plan—Preparation—Content. The director shall maintain a position classification plan in consultation with agency management, employee organizations and other knowledgeable persons. The plan shall be based upon investigation and analysis of the duties and responsibilities of each position. The completed plan shall include the following for each class: A specification, including appropriate title, description of duties and responsibilities and minimum requirements and/or desirable training, experience, or other qualifications.
[Order 36, § 356-10-010, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-010.]
WAC 356-10-020 Classification plan—Revision. Proposed revisions to the classification plan shall be submitted to the director for review and approval.
(1) The director shall hold open hearings on the proposals after 20 days' notice to employee organizations and agencies. The director may modify the proposals.
(2) In adopting these revisions the director shall comply with RCW 41.06.152, 41.06.150(12), and chapter 43.88 RCW.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-10-020, filed 7/8/04, effective 8/8/04; 02-15-050, § 356-10-020, filed 7/11/02, effective 9/1/02; 98-19-034, § 356-10-020, filed 9/10/98, effective 10/12/98; 96-11-062, § 356-10-020, filed 5/10/96, effective 6/6/96; 95-19-054, § 356-10-020, filed 9/15/95, effective 10/16/95. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-147 (Order 432), § 356-10-020, filed 9/22/93, effective 10/23/93; Order 36, § 356-10-020, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-020.]
WAC 356-10-030 Positions—Allocation—Reallocation. (1) Position allocations or reallocations shall be based upon an investigation of duties and responsibilities assigned and/or performed and other information and recommendations. Every position shall be allocated to an established class.
(2) Allocations may be made by:
(a) The director or designated staff of the department of personnel; or,
(b) By agency directors or other designees authorized under subsection (3) of this section.
(3) Agency directors may request and the director of personnel may approve, the authorization of the agency director or designee to approve or disapprove the allocation or reallocation of positions for which the agency has been delegated allocation authority under the merit system rules and procedures approved by the director of personnel.
(4) It shall be the duty of the appointing authority and/or the personnel representative to report to the director of personnel any changes in duties, responsibilities or organization in a position which may affect position allocation.
(5) Agencies shall establish procedures for processing and reporting new positions, changes in position duties, and requests for position review to provide proper maintenance of the classification plan. The procedure shall provide for individual employee requests for position review, based on duties and responsibilities, through the agency personnel office to the director of personnel. This procedure will not cause undue delay in the director of personnel or designee reviewing the requested reclassification. Such procedures shall be reviewed and approved by the director of personnel or designee. Notice of changes in this procedure initiated by agencies, will be provided to exclusive bargaining representatives and a copy to the director of personnel.
(6) Questions concerning the previous classification of employees due to the retitling, reallocating or reclassification of positions will be determined by the director of personnel or designee.
(7)(a) Employees affected by agency initiated reallocations shall be notified in writing by the agency not less than twenty calendar days in advance of the intended date of the action, provided that this notice requirement shall not preclude the establishment of effective dates for other than competitive reallocations as provided in WAC 356-10-050.
(b) Any official authorized in subsection (2) of this section to make allocation or reallocation determinations shall immediately transmit a written notice of the determination to the employee in the position affected by that determination.
[Statutory Authority: RCW 41.06.150. 88-15-060 (Order 303), § 356-10-030, filed 7/18/88, effective 9/1/88. Statutory Authority: RCW 41.06.150(17). 79-03-010 (Order 128), § 356-10-030, filed 2/14/79; 78-12-026 (Order 126), § 356-10-030, filed 11/15/78; Order 77, § 356-10-030, filed 5/7/75; Order 75, § 356-10-030, filed 3/24/75; Order 36, § 356-10-030, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-030, 356-08-040, 356-08-050 and 356-16-175.]
WAC 356-10-040 Employee appointment status—Downward reallocation. Employees in positions that are reallocated downward are affected as follows:
(1) The director of personnel shall notify the incumbent and the employing agency in writing at least thirty calendar days prior to the effective date of the reallocation. This action shall not preclude the employee from accepting a transfer or promotion to a vacant position.
(2) The employee may elect to remain in the reallocated position provided the employee meets the minimum or desirable qualifications for the new classification or acceptable qualifications as determined by the director of personnel or designee. No further qualifying examination will be required and the employee will retain existing appointment status.
(3) If the employee does not meet the qualifications for the new classification as provided in subsection (2) of this section and the employee is not transferred, promoted, demoted or otherwise retained in status within sixty days, the provisions governing reduction in force shall apply.
(4) An employee who remains in a position which is reallocated downward may have his or her name placed upon the agency reduction in force register for the classification to which the position was previously allocated.
(5) Employees who continue in positions which are reallocated downward shall be paid an amount equal to their previous salary if such amount is within the salary range for the lower class. Employees whose current salary falls between two steps or exceeds the top step of the range for the lower class shall be Y-rated.
(6) Employees shall retain their existing periodic increment date.
(7) Employees who retain their salary as provided in subsection (5) of this section will not be entitled to promotional salary increases if they are subsequently hired off the agency reduction in force register; however, if an employee’s salary falls between the steps of the higher range, the salary will advance to the closest step for the class in the higher range upon promotion.
[Statutory Authority: RCW 41.06.150. 01-07-057, § 356-10-040, filed 3/19/01, effective 5/1/01; 85-11-074 (Order 223), § 356-10-040, filed 5/22/85. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), § 356-10-040, filed 8/10/84. Statutory Authority: RCW 41.06.150. 83-24-002 (Order 193), § 356-10-040, filed 11/28/83; Order 109, § 356-10-040, filed 9/7/77; Order 90, § 356-10-040, filed 9/7/76, effective 10/8/76; Order 36, § 356-10-040, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-060.]
WAC 356-10-045 Employee appointment status—Lateral reallocation. Employees in positions that have been reallocated laterally (to a different classification with the same salary range) are affected as follows:
(1) The employee may elect to retain existing appointment status in a position that is reallocated laterally provided he/she meets the minimum or desirable qualifications as determined by the director of personnel or designee. No further qualifying examination will be required and the employee will retain existing appointment status.
(2) If it is determined the employee does not meet the minimum qualifications for the new classification as provided in subsection (1) of this section and he/she is not transferred, promoted, demoted, or otherwise retained in status within sixty days, the provisions governing reduction in force shall apply.
(3) The employee retains existing appointment status when a position is reallocated laterally based on a revision of a class series, a class series study, or an agency-wide or major subdivision-wide classification review planned, conducted, or authorized by the department of personnel in advance of director action (if any), when the reallocation involves no change in duties or responsibilities.
(a) An employee in an underfill status will maintain that status.
(b) Subsection (1) of this section applies when a change in duties, responsibilities, or organization coincides with a revision of a class series.
(4) The director of personnel or designee may approve the retention of status for an incumbent in a laterally reallocated position when it is evident that the reallocation is, in effect, the correction of a long-term inequity. The application of this subsection shall not be denied in those cases where the employee has performed the duties of the lateral class for three continuous years or more.
(5) The effective date of an incumbent's appointment status as provided for in subsection (1) or (4) of this section shall be the date the director of personnel or designee approves the position reallocation.
(6) The salary and periodic increment date of an employee who continues in a position that is reallocated laterally shall remain unchanged.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-10-045, filed 7/8/04, effective 8/8/04; 98-19-034, § 356-10-045, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), § 356-10-045, filed 8/10/84.]
WAC 356-10-050 Employee appointment status—Upward reallocation. Employees in positions that have been reallocated upward are affected as follows:
(1) Employee must compete at the time of certification from the appropriate eligible register, unless otherwise determined by the director of personnel or designee, when the position is reallocated upward based on recent or impending changes in duties and responsibilities. The effective date of an incumbent's appointment status as provided in this subsection will be the date when he/she is appointed from a certification. If the employee is appointed from a certification, his/her salary is then determined in accordance with the rule governing promotion. The employee will serve a probationary or trial service.
(2) Employees in positions that have been reallocated upwards based on duties of a higher level classification performed for over one year shall retain status in the reallocated position and shall have their salary adjusted in accordance with the rule governing promotion, provided:
(a) The incumbent meets the minimum or desirable qualifications for the new class; or, the incumbent meets acceptable qualifications as determined by the director of personnel or designee; and
(b) The department of personnel verifies that the incumbent has the knowledge, skills and abilities needed for the new class.
(3) If the employee is not certified from the appropriate eligible register, transferred, promoted, demoted or otherwise retained in status within ninety days, the provisions governing reduction in force shall apply. This shall not preclude the employee's eligibility for a temporary appointment under these rules up to thirty days after the register is established. Employees who do not achieve status in a reallocated position shall be paid for time worked in the higher class based on the rule governing promotion (up to a maximum of three years).
(4) The employee retains existing appointment status when the position is reallocated based on a revision of a class series, a class series study, or an agency-wide or major subdivision-wide classification review planned, conducted, or authorized by the department of personnel in advance of board action (if any), when the reallocation involves no change in duties or responsibilities. The employee's salary then is adjusted to the same step in the new range as held in the present range.
(a) An employee in an underfill status will maintain that status.
(b) Subsection (1) or (2) of this section apply when a change in duties, responsibilities, or organization coincides with a revision of a class series.
(5) The director of personnel or designee may approve the retention of status without examination for an incumbent in a reallocated position when it is evident that the reallocation is, in effect, the correction of a long-term inequity. The employee's salary is adjusted in accordance with the rule governing promotion. The application of this subsection shall not be denied in those cases where the employee has performed duties at a higher class for three continuous years or more.
(6) In reallocations determined by the department of personnel's director or designee the effective date of an incumbent's appointment status as provided for in subsection (2) or (5) of this section will be the earliest date that a copy of the classification questionnaire, either submitted directly by the incumbent or by the agency, is received by the department of personnel. Receipt of such classification questionnaires shall be acknowledged by the department of personnel if the submitting party includes a self-addressed stamped envelope with the copy of the classification questionnaire furnished the department of personnel.
For positions reallocated by agencies under their delegated allocation authority, the effective date of an incumbent's appointment status as provided for in subsection (2) or (5) of this section will be the earliest date that a copy of the classification questionnaire is received by the agency's personnel office or by the department of personnel.
(7) The department of personnel, the director of personnel, and the board shall not award additional compensation to an employee for any period prior to the date on which the classification questionnaire was received by the department of personnel.
[Statutory Authority: RCW 41.06.150. 98-19-034, § 356-10-050, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 91-03-070 (Order 368), § 356-10-050, filed 1/16/91, effective 3/1/91; 90-01-110 (Order 329), § 356-10-050, filed 12/20/89, effective 2/1/90. Statutory Authority: RCW 41.06.150. 88-17-041 (Order 306), § 356-10-050, filed 8/15/88; 88-15-060 (Order 303), § 356-10-050, filed 7/18/88, effective 9/1/88. Statutory Authority: RCW 41.06.150, 41.06.175, 41.06.185, 41.06.195 and 41.06.205. 84-17-042 (Order 209), § 356-10-050, filed 8/10/84. Statutory Authority: RCW 41.06.150(17). 80-13-047 (Order 147), § 356-10-050, filed 9/16/80; 79-03-010 (Order 128), § 356-10-050, filed 2/14/79; 78-12-026 (Order 126), § 356-10-050, filed 11/15/78; 78-10-070 (Order 123), § 356-10-050, filed 9/26/78; Order 84, § 356-10-050, filed 10/20/75, effective 11/17/75; Order 64, § 356-10-050, filed 3/20/74; Order 36, § 356-10-050, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-080.]
WAC 356-10-060 Allocation—Request for review. A review by the director of personnel or designee of the allocation, reallocation of a position, or incumbent status may be requested, except as specified in WAC 356-10-065, by the incumbent in the position at the time the reallocation was requested, or on the date the allocation decision was issued, or at the conclusion of a class study, or by the agency director as follows:
(1) The written request for a review must be filed with the director of personnel within 30 calendar days following notification of the effective date of the action and must contain the reasons and basis for the review.
(2) The director of personnel or designee shall acknowledge receipt of the request and send a copy of the request to the agency.
(3) The agency shall make every effort to resolve the disagreement through agency procedures.
(4) During the review, the director of personnel or designee shall conduct a hearing and may investigate and obtain such information as may be deemed necessary.
(5) Within 30 days of the receipt of the request for review, the director of personnel or designee shall set a date for a hearing and shall notify the incumbent employee, employing agency, employee organization, and designated department of personnel analyst: Provided, That the notice shall not be less than 20 calendar days. The hearing shall be informal and any of the above designated parties may present their views. The director of personnel or designee will enter a written determination and provide each of the participating parties with a copy.
(6) An employee or agency may appeal the determination of the director of personnel or designee to the personnel appeals board as provided in Title 358 WAC.
(7) Allocation or reallocation reviews which result from a class-wide or broader position survey need not be heard until the director of personnel or designee has had a reasonable period of time to reexamine the position in question and all pertinent facts.
(8) Wherever possible, agencies shall continue employee's duties unchanged, pending an allocation decision.
[Statutory Authority: Chapter 41.06 RCW. 05-04-043, § 356-10-060, filed 1/27/05, effective 3/1/05. Statutory Authority: RCW 41.06.150. 98-19-034, § 356-10-060, filed 9/10/98, effective 10/12/98. Statutory Authority: RCW 41.06.040 and 41.06.150. 93-19-154 (Order 429), § 356-10-060, filed 9/22/93, effective 11/1/93. Statutory Authority: RCW 41.06.150(17). 81-23-031 (Order 163), § 356-10-060, filed 11/16/81; 80-13-047 (Order 147), § 356-10-060, filed 9/16/80; 79-03-010 (Order 128), § 356-10-060, filed 2/14/79; 78-12-026 (Order 126), § 356-10-060, filed 11/15/78; 78-10-070 (Order 123), § 356-10-060, filed 9/26/78; Order 87, § 356-10-060, filed 5/4/76, effective 6/5/76; Repealed by Order 81, § 356-10-060, filed 8/21/75, effective 9/21/75.*; Order 36, § 356-10-060, filed 7/1/71, effective 8/1/71. Formerly WAC 356-08-090.]
NOTES:
*Reviser's note: The amendment of this section by Order 81 was enjoined by the superior court of Thurston County in Cause No. 53071.
WAC 356-10-065 Exceptions—Allocation—Reviews. When an employee's position is reallocated to a class with the same salary range maximum based upon the Director implementing a new classification plan under the provisions of RCW 41.06.136, an employee does not have the right to request the director of personnel to review. The employee may request the agency review his/her position in accordance with the provisions of WAC 356-10-030. Following the position review, the employee may request a director's review of the results of the position review per WAC 356-10-060.
[Statutory Authority: Chapter 41.06 RCW. 05-04-043, § 356-10-065, filed 1/27/05, effective 3/1/05.]