WAC
356-56-001 Declaration of purpose.
356-56-002 Inclusion in the Washington management service.
356-56-010 Application of rules.
356-56-015 Implementation of rules.
356-56-020 Role of the department of personnel.
356-56-030 Equal opportunity and affirmative action.
356-56-035 Definitions.
356-56-050 Transition.
356-56-070 Incumbent status for positions converted by the board from exempt to classified..
356-56-100 Compensation policy and practice.
356-56-105 Position evaluation--Assignment to management bands.
356-56-115 Salary adjustments.
356-56-118 Relocation compensation.
356-56-120 Other pay practices.
356-56-200 Recruitment and selection policy and practice.
356-56-203 Department of social and health services--Background check requirements..
356-56-205 Movement within Washington management service.
356-56-210 Movement between Washington management service and Washington general service positions.
356-56-215 Acting appointments.
356-56-220 Review period--Attaining permanent status.
356-56-230 Reversion.
356-56-255 Return from exempt service.
356-56-400 Training and development.
356-56-410 Tuition reimbursement and educational leave.
356-56-420 Human resource development plan.
356-56-440 Performance evaluation.
356-56-500 Disciplinary action.
356-56-550 Reduction in force--Agency procedure--Bump options.
356-56-600 Appeals.
356-56-610 Reviews.
356-56-630 Resignation.
356-56-650 Record keeping.
356-56-660 Administrative procedures--Rule making.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
356-56-021 Washington management service--Transition of career executive program. [Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-12-055, § 356-56-021, filed 5/27/94, effective 7/1/94; 94-01-126, § 356-56-021, filed 12/17/93, effective 1/18/94.]Repealed by 94-20-022, filed 9/26/94, effective 10/28/94. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500.
356-56-125 Salary surveys. [Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-125, filed 12/17/93, effective 1/18/94.] Repealed by 02-17-116, filed 8/21/02, effective 9/30/02. Statutory Authority: RCW 41.06.150.
WAC 356-56-001 Declaration of purpose. (1) The general purpose of this chapter of rules is to establish for the state a system of personnel administration called the Washington management service, as authorized in RCW 41.06.500.
(2) Except as provided in RCW 41.06.070, the director of the department of personnel is authorized to adopt, after consultation with state agencies and employee organizations, rules for managers as defined in WAC 356-56-002.
(3) In establishing rules for managers, the director shall adhere to the following goals:
(a) A simplified classification system that facilitates movement of managers between agencies and promotes upward mobility;
(b) A compensation system consistent with RCW 41.06.150(14). The system shall provide flexibility in setting and changing salaries;
(c) A performance appraisal system that emphasizes individual accountability for program results and efficient management of resources; effective planning, organization, and communication skills; valuing and managing workplace diversity; development of leadership and interpersonal abilities; and employee development;
(d) Strengthened management training and career development programs that build critical management knowledge, skills, and abilities; focusing on managing and valuing workplace diversity; empowering employees by enabling them to share in workplace decision making, and to be innovative, willing to take risks, and able to accept and deal with change; promoting a workplace where the overall focus is on the recipient of the government services and how these services can be improved; and enhancing mobility and career advancement opportunities;
(e) Flexible recruitment and hiring procedures that enable agencies to compete effectively with other employers, both public and private, for managers with appropriate skills and training; allowing consideration of all qualified candidates for positions as managers; and achieving affirmative action goals and diversity in the workplace;
(f) Provisions that managers may only be reduced, dismissed, suspended, or demoted for cause;
(g) Facilitation of decentralized and regional administration; and,
(h) Ensure that decisions are not based on patronage or political affiliation.
[Statutory Authority: RCW 41.06.150. 02-17-115, § 356-56-001, filed 8/21/02, effective 9/30/02. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-001, filed 12/17/93, effective 1/18/94.]
WAC 356-56-002 Inclusion in the Washington management service. (1) Chapter 356-56 WAC applies only to classified employees or positions that meet the definition of manager. Each agency will identify all positions that meet this definition and will place them in the Washington management service. Manager or managerial employee means the incumbent of a position that is assigned as follows:
(a) Formulates state-wide policy or directs the work of an agency or agency subdivision;
(b) Administers one or more state-wide policies or programs of an agency or agency subdivision;
(c) Manages, administers, and controls a local branch office of an agency or an agency subdivision, including the physical, financial, or personnel resources;
(d) Has substantial responsibility in personnel administration, legislative relations, public information, or the preparation and administration of budgets; or,
(e) Functionally is above the first level of supervision and exercises authority that is not merely routine or clerical in nature and requires the consistent use of independent judgment.
(2) Chapter 356-56 WAC shall not apply to managers whose positions are exempt from civil service or who are employed by institutions of higher education and related boards.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-002, filed 12/17/93, effective 1/18/94.]
WAC 356-56-010 Application of rules. (1) These rules shall be separate from rules adopted by the Washington personnel resources board or the director for classified employees in the Washington general service, and to the extent that the rules adopted apply only to managers.
(2) The intent of the director of personnel in adopting the rules in this chapter is to comprehensively cover the personnel matters relating to Washington management service positions. Therefore, if a Washington management service issue is identified that the director has not specifically addressed by adopting rules, the rules governing Washington general service shall not be effective or take precedence in addressing the issue.
(3) Except where specifically stated otherwise, the following WAC chapters do not apply to positions or employees included in the Washington management service:
WAC 356-05 Definitions
WAC 356-10 Classification
WAC 356-14 Compensation
WAC 356-15 Compensation plan appendix
WAC 356-22 Recruitment--Examination
WAC 356-26 Registers--Certification
WAC 356-30 Appointments--Separation
WAC 356-34 Disciplinary action--Appeals
WAC 356-37 Hearings
WAC 356-39 Human resource development
WAC 356-49 Intersystem employment
(4) Except where specifically stated otherwise, the following WAC chapters do apply to positions or employees included in the Washington management service:
WAC 356-06 General provisions
WAC 356-07 Operations and public records
WAC 356-09 Affirmative action program
WAC 356-18 Leave
WAC 356-35 Disability--Separation--Appeals--Procedures
WAC 356-42 Labor relations
WAC 356-46 Miscellaneous
WAC 356-48 State internship program
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-56-010, filed 7/8/04, effective 8/8/04. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-010, filed 12/17/93, effective 1/18/94.]
WAC 356-56-015 Implementation of rules. Chapter 356-56 WAC adopted by the director of personnel applies to all agencies.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-20-022, § 356-56-015, filed 9/26/94, effective 10/28/94; 94-12-055, § 356-56-015, filed 5/27/94, effective 7/1/94; 94-09-012, § 356-56-015, filed 4/12/94, effective 5/14/94; 94-01-126, § 356-56-015, filed 12/17/93, effective 1/18/94.]
WAC 356-56-020 Role of the department of personnel. (1) The department of personnel will provide support, guidelines, and assistance to agencies in the decentralized administration of all aspects of the Washington management service.
(2) The department of personnel will consult with each agency as needed to ensure fair and equitable administration of Washington management service rules.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-020, filed 12/17/93, effective 1/18/94.]
WAC 356-56-030 Equal opportunity and affirmative action. (1) Washington management service policies and practices shall not discriminate on the basis of race, creed, color, religion, national origin, sex, age, marital status, veteran status, sexual orientation, or the presence of any sensory, mental, or physical disability.
(2) Each agency will include Washington management service positions in its affirmative action plans required by chapter 356-09 WAC. Each agency will be accountable for establishing procedures, goals, timetables, and record keeping and monitoring procedures for Washington management service positions as part of its affirmative action program.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-09-012, § 356-56-030, filed 4/12/94, effective 5/14/94; 94-01-126, § 356-56-030, filed 12/17/93, effective 1/18/94.]
WAC 356-56-035 Definitions. (1) Anchor positions. Generic anchor positions are those which are found in many agencies; they are commonly understood and similarly used from agency to agency. Agency-specific anchor positions are those anchor positions in each agency which are commonly understood and similarly used throughout the agency.
(2) Appointing authority. A person or group of persons designated by the agency head to make appointments, impose formal discipline or otherwise regulate personnel matters.
(3) Evaluation points. The points resulting from an evaluation of a position using the managerial job value assessment chart.
(4) Management bands. A series of management levels included in the Washington management service. Placement in a band reflects the nature of management, decision-making environment and policy impact, and scope of management accountability and control assigned to the position.
(5) Salary standard. The maximum dollar amount assigned to a position in those agencies that use a salary standard in addition to, or in place of, evaluation points.
(6) Transfer. Movement from one position to a different position with the same evaluation points.
(7) Washington general service. The system of personnel administration that applies to classified employees or positions under the jurisdiction of chapter 41.06 RCW which do not meet the definition of manager found in RCW 41.06.020.
(8) Washington management service. The system of personnel administration that applies to classified managerial employees or positions under the jurisdiction of RCW 41.06.022 and 41.06.500.
[Statutory Authority: RCW 41.06.150. 04-15-018, § 356-56-035, filed 7/8/04, effective 8/8/04. Statutory Authority: RCW 41.06.500. 97-23-001, § 356-56-035, filed 11/5/97, effective 12/8/97. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-12-055, § 356-56-035, filed 5/27/94, effective 7/1/94; 94-01-126, § 356-56-035, filed 12/17/93, effective 1/18/94.]
WAC 356-56-050 Transition. (1) Until such time that an agency completes the initial evaluation of the position (as described in WAC 356-56-105) or changes the position, the incumbent and position when initially placed in the Washington management service will:
(a) Retain current salary;
(b) Immediately assume permanent status in the Washington management service for permanent status employees;
(c) Obtain permanent status upon completion of the probationary or trial service time period for employees in trial service or probationary status at the time of transition; and,
(d) Continue in the current work period designation until changed by the agency.
(2) Until all positions in an agency are evaluated in accordance with WAC 356-56-105, employees shall be treated in accordance with WAC 356-30-330 should a reduction in force occur.
(3) Upon transition of their current position from Washington general service into the Washington management service, incumbent employees eligible to receive periodic increments shall continue to receive annual periodic increments until their salary reaches or exceeds the top step of the former range, as specified in WAC 356-14-110.
(4) Permanent status employees who are in project positions at the time their regular positions are placed in the Washington management service, have return rights to the same or similar Washington management service positions.
(5) Incumbents of project positions that are transitioned to the Washington management service will retain the return, reduction-in-force, voluntary demotion, transfer and promotion rights and requirements as provided in WAC 356-30-145.
[Statutory Authority: RCW 41.06.500. 95-19-056, § 356-56-050, filed 9/15/95, effective 10/16/95. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-20-022, § 356-56-050, filed 9/26/94, effective 10/28/94; 94-12-055, § 356-56-050, filed 5/27/94, effective 7/1/94; 94-01-126, § 356-56-050, filed 12/17/93, effective 1/18/94.]
WAC 356-56-070 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 management service will be in accordance with subsections (2) through (9) of this section.
(2) The incumbent shall not be required to meet any additional agency selection requirements in order to be placed into the converted position.
(3) Incumbents who have been continuously employed for a period of time equivalent to or greater than the Washington management review period that the agency requires to obtain permanent status shall not be required to complete a review period. Incumbents who have not been continuously employed for a period of time equivalent to or greater than the established review period shall be required to complete the remaining portion of the Washington management service review period.
(4) Incumbents whose salary is higher than the range of consideration or band assigned to the Washington management service shall retain their current salary, which will be administered as a Y-rate in accordance with WAC 356-14-075.
(5) 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.
(6) 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.
(7) With regard to calculation of unused sick and vacation leave credits upon conversion, the employing agency is entitled to a presumption that its calculations are 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.
(8) 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 director'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.
(9) 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, § 356-56-070, filed 7/8/04, effective 8/8/04; 02-15-043, § 356-56-070, filed 7/11/02, effective 9/1/02.]
WAC 356-56-100 Compensation policy and practice. (1) Each agency has the overall responsibility for effectively managing and properly budgeting for salaries for its Washington management service positions. Each agency shall develop policies and procedures, consistent with chapter 356-56 WAC and guidelines established by the department of personnel, for fair and objective internal salary administration. In developing and administering these policies and procedures, each agency will adhere to the following:
(a) In all aspects of compensation administration, no agency policy or procedure shall be negotiated or agreed to that reduces an agency's flexibility and discretion in assigning salaries, making salary adjustments, or other pay practices.
(b) Point factor evaluations of anchor positions will provide a framework for the evaluations of the remaining positions in the Washington management service. The department of personnel will participate in re-evaluations of generic anchor positions.
(c) Each agency will identify agency-specific anchor positions which are generally used the same throughout the agency.
(2) The salary for each position shall have a relationship to both its point factor evaluation and the prevailing market rate.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-100, filed 12/17/93, effective 1/18/94.]
WAC 356-56-105 Position evaluation--Assignment to management bands. Management bands are a series of management levels included in the Washington management service. Placement in a band reflects the nature of management, decision-making environment and policy impact, and scope of management accountability and control assigned to the position. Each agency will evaluate its positions using a managerial job value assessment chart developed by the department of personnel. The number of points resulting from the evaluation will determine to which management band a position is assigned.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-12-055, § 356-56-105, filed 5/27/94, effective 7/1/94; 94-01-126, § 356-56-105, filed 12/17/93, effective 1/18/94.]
WAC 356-56-115 Salary adjustments. (1) Adjustments to the compensation for a position with no change in evaluation points shall not exceed the maximum or fall below the minimum amount set by the director of personnel for the management band. After the initial transition evaluation, salary adjustments initiated by the agency, other than for promotion or demotion, will not normally exceed a total of ten percent for a single fiscal year. Excluded from the ten percent limit on salary increases are annual periodic increments, legislatively approved increases, movement of a position to the minimum of the band, initial transition evaluation adjustments, and promotional increases. Requests for exception may be granted only by the director of personnel. Salary adjustments may be made under the following conditions:
(a) Legislatively directed general and/or special increase;
(b) Documented recruitment and/or retention problems as approved by the agency director or designee;
(c) Documented agency and/or state internal salary relationship problems, as approved by the agency director or designee; or
(d) Progression adjustments may be granted in recognition of the employee's demonstrated growth and development following initial transition, hire, transfer, or a promotion by up to five percent annually, for a maximum total of twenty percent.
(2) Voluntary movement in or to a position of lower evaluation points may result in a salary decrease which exceeds ten percent but does not fall below the minimum amount of the band.
(3) A promotion is the assignment of additional responsibilities which results in a higher salary standard and/or higher evaluation points for the same position, or movement to a different position that has a higher salary standard and/or higher evaluation points. Promotional increases may exceed ten percent.
(4) A disciplinary demotion for cause is the assignment of responsibilities which results in a lower salary standard and/or lower evaluation points for the same position, or movement to a different position that has a lower salary standard and/or lower evaluation points. The resulting salary decrease may exceed ten percent and must be in conformance with the provisions of the Fair Labor Standards Act.
(5) Involuntary downward movement based on a nondisciplinary reassignment of duties that results in a lower salary standard and/or lower evaluation points for an employee's present position shall not cause a decrease in the employee's current salary. The employee's current salary will be retained until such time as it is exceeded by the Washington management service salary structure or the employee leaves the position.
(6) An agency may provide a lump sum recognition payment within guidelines established by the department of personnel in recognition of documented exceptional work and performance results. Such compensation shall not become a permanent salary increase but is considered to be income for recognizing documented exceptional work and performance results. A payment made as a lump sum for recognition purposes shall be included within the ten percent annual adjustment limitation in the fiscal year in which it is paid.
(7) Salary changes greater than five percent proposed for any group of employees shall require review and approval by the director of personnel.
[Statutory Authority: RCW 41.06.500. 97-17-041, § 356-56-115, filed 8/14/97, effective 9/15/97; 96-12-004, § 356-56-115, filed 5/23/96, effective 6/6/96; 95-19-056, § 356-56-115, filed 9/15/95, effective 10/16/95. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-12-055, § 356-56-115, filed 5/27/94, effective 7/1/94; 94-09-012, § 356-56-115, filed 4/12/94, effective 5/14/94; 94-01-126, § 356-56-115, filed 12/17/93, effective 1/18/94.]
WAC 356-56-118 Relocation compensation. (1) An agency director may authorize lump sum relocation compensation, within existing resources, whenever:
(a) It is reasonably necessary that a person make a domiciliary move in accepting a transfer or appointment; or
(b) It is necessary to successfully recruit or retain a qualified candidate or employee who will have to make a domiciliary move in order to accept the position.
(2) If the person receiving the relocation payment terminates or causes termination with the state within one year of the date of the appointment or transfer, the state is entitled to reimbursement of the lump sum compensation from the person. Termination as a result of layoff, disability separation, or other good cause as determined by the agency director will not require the person to repay the relocation compensation.
(3) Prior to authorizing lump sum relocation compensation, each agency shall develop written criteria which include:
(a) Defining the circumstances in which relocation compensation will be granted; and
(b) The method used in determining the amount of compensation.
[Statutory Authority: RCW 41.06.150. 99-22-106, § 356-56-118, filed 11/3/99, effective 12/6/99.]
WAC 356-56-120 Other pay practices. (1) Each agency shall be responsible for determining the work period designation for each of its positions in accordance with the federal Fair Labor Standards Act. For positions covered by the overtime provisions of the Fair Labor Standards Act, pay shall be administered as prescribed by chapter 356-15 WAC.
(2) Leave accrual and use and holiday time will be administered as prescribed in chapter 356-18 WAC.
(3) Each agency will determine policy and practices for additional compensation such as shift differential, call back pay, and standby pay.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-12-055, § 356-56-120, filed 5/27/94, effective 7/1/94; 94-01-126, § 356-56-120, filed 12/17/93, effective 1/18/94.]
WAC 356-56-200 Recruitment and selection policy and practice. Each agency shall develop policies and procedures for filling positions and for employee movement that will best meet client, employee, management, and organizational needs.
(1) Policies and procedures for recruitment and selection will be inherently flexible, permitting methods and strategies to be varied and customized for each recruitment and selection need. In all aspects of recruitment and selection, no agency policy or procedure shall be negotiated or agreed to if it will reduce the agency's flexibility and discretion in filling a position or moving an employee; provided that, such policies and procedures are consistent with chapter 356-56 WAC.
(2) In developing and administering these policies and procedures, each agency will adhere to the following:
(a) Provide for the ability to consider any or all qualified candidates for hire, promotion, or internal movement.
(b) Ensure that hiring decisions are fair, objective, and based on the evaluation of the knowledge, skills, abilities, and other job related characteristics required for successful job performance.
(c) Support workforce diversity and affirmative action goals.
(d) Consider the career development of the agency's employees and other state employees.
(e) Ensure that hiring decisions are not based on patronage or political affiliation.
(f) Ensure compliance with state and federal laws relating to employee selection and nondiscrimination.
(g) Encourage decentralized and regional administration of the recruitment and selection processes when it is appropriate for the agency.
(h) Encourage notification of the department of personnel when recruiting outside the hiring agency.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-200, filed 12/17/93, effective 1/18/94.]
WAC 356-56-203 Department of social and health services—Background check requirements. (1) The secretary of the department of social and health services shall conduct background checks on all employees in covered positions ("employees") and persons under final consideration for a covered position ("applicants"). A covered position is one in which a person will or may have unsupervised access to children, vulnerable adults, or individuals with mental illness or developmental disabilities. Employees and applicants shall authorize the secretary of the department of social and health services to conduct a background check.
(2) The requirement for background checks shall include the following:
(a) Any employee seeking a covered position because of a reduction-in-force or other movement.
(b) Any applicant prior to appointment into a covered position, except when appointment is made on a conditional basis under subsection (6)(b) of this section.
(3) A background check will be conducted on the final preferred candidate prior to appointment.
(4) The secretary of the department of social and health services shall use the results of a background check solely to determine the character, competence and suitability of a person for a covered position. The background check information shall consist of:
(a) Conviction records, pending charges, and disciplinary board final decisions.
(b) Evidence that substantiates or mitigates convictions, pending charges, and disciplinary board final decisions including, but not limited to:
(i) The employee or applicant’s background check authorization and disclosure form;
(ii) The employee or applicant’s age at the time of conviction, charge, or disciplinary board final decision;
(iii) The nature and severity of the conviction, charge, or disciplinary board final decision;
(iv) The length of time since the conviction, charge, or disciplinary board final decision;
(v) The nature and number of previous offenses;
(vi) Vulnerability of the child, vulnerable adult, or individual with mental illness or developmental disabilities to which the employee or applicant will or may have unsupervised access; and
(vii) The relationship between the nature of the conviction, pending charge, or disciplinary board final decision and the duties of the employee or applicant.
(5) A permanent employee with a background check disqualification is subject to any of the following actions:
(a) Job restructuring;
(b) Job reassignment;
(c) Movement in accordance with WAC 356-56-205;
(d) Voluntary resignation;
(e) Non-disciplinary separation. The employee shall be separated by the appointing authority after fifteen calendar days written notice unless the employee requests a shorter notice period;
(f) Disciplinary action in accordance with WAC 356-56-500; and/or
(g) Interim measures that may be used while the appointing authority explores the availability of actions (not to exceed 30 calendar days except in cases where there are investigations of pending charges):
(i) Voluntary use of accrued vacation and/or exchange time.
(ii) Authorized leave without pay, if there is no paid leave available, or if the employee chooses not to use paid leave.
(iii) Reassignment to another work location.
(h) When considering the above actions, the agency will consider the least restrictive means necessary to prevent unsupervised access.
(6) The secretary of the department of social and health services shall:
(a) Notify employees and applicants that a background check is required for covered positions;
(b) Develop procedures specifying when employees and applicants may be hired on a conditional basis pending the results of a background check;
(c) Develop policies and procedures pertaining to background checks; and
(d) Notify employees of any general service promotional register rights they may have.
(7) Failure to authorize the secretary of the department of social and health services to conduct a background check disqualifies an employee or applicant from consideration for any covered position including their current covered position.
(8) An applicant for a covered position who is denied employment due to a disqualifying background check may request a review by the appointing authority. Requests for review must be in writing and received by the appointing authority within fifteen calendar days of the postmark date of the notification.
(9) A separation under subsection (5)(e) of this section shall not be considered a disciplinary action as set forth in WAC 356-56-500. A permanent Washington management service employee separated under (5)(e) of this section may appeal to the personnel appeals board in accordance with WAC 356-56-600.
(10) A Washington management service employee who has been separated under subsection (5) of this section, and who has held permanent status in the Washington general service, will be able to apply promotionally for any classes that are at the same salary level or lower than the position from which he/she was separated. Employee’s access to the general service promotional register will be governed by the provisions of WAC 356-26-030 (4)(d)(ii).
(11) Nothing in this rule shall limit the secretary of the department of social and health services’ use of other authorities to conduct background checks.
(12) Information pertaining to background checks is confidential and shall be used solely for the purpose of determining the character, suitability and competence of the applicant and/or employee. Misuse of background check information is a criminal offense and may result in prosecution and/or disciplinary action as provided under WAC 356-56-500.
(13) The department of social and health services will submit a report to the director by January 31, 2002, reporting actions taken under subsection (5) of this rule and placement of employees into other positions within the agency.
[Statutory Authority: RCW 41.06.150. 01-21-051, § 356-56-203, filed 10/15/01, effective 12/1/01.]
WAC 356-56-205 Movement within Washington management service. (1) There is no required promotional preference when recruiting and selecting for Washington management service positions. However, an agency may determine, on an individual position basis, if it is in the organization's best interest to limit the candidate pool to those eligible for agency or service-wide promotion.
(2) A transfer is the movement of an employee from one position to a different position or movement of a position from one section, department, or geographical location to another at the same salary standard and/or same evaluation points.
(a) An employee and the affected agency or agencies may agree to a transfer within Washington management service, within an agency, or between agencies.
(b) An agency or agencies may transfer an employee or a position with an incumbent to meet client or organizational needs if the new location is within a reasonable commute as defined by the agency.
(c) An agency may transfer a position at any time. However, if the transfer results in an unreasonable commute for the incumbent, and the incumbent does not agree to transfer with the position, the rules on reduction in force as provided in WAC 356-56-550 shall apply.
[Statutory Authority: RCW 41.06.500. 97-17-041, § 356-56-205, filed 8/14/97, effective 9/15/97. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-12-055, § 356-56-205, filed 5/27/94, effective 7/1/94; 94-01-126, § 356-56-205, filed 12/17/93, effective 1/18/94.]
WAC 356-56-210 Movement between Washington management service and Washington general 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.
(3) Permanent employees may transfer from Washington general service to Washington management service positions if their salary is within the management band 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 level than their current permanent position.
(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) Permanent employees who promote or voluntarily demote from the Washington management service to the Washington general service and who are either voluntarily or involuntarily reverted during the trial service period may have reversion rights or may be placed in the reduction-in-force transition pool as provided in WAC 356-30-320 and 356-30-331.
[Statutory Authority: RCW 41.06.150. 01-03-003, § 356-56-210, filed 1/4/01, effective 5/1/01. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-12-055, § 356-56-210, filed 5/27/94, effective 7/1/94; 94-01-126, § 356-56-210, filed 12/17/93, effective 1/18/94.]
WAC 356-56-215 Acting appointments. An agency may make acting, nonpermanent appointments when necessary to meet organizational needs. Prior to the appointment, the appointing authority will communicate in writing to the employee the length, intent, salary, and other conditions of the appointment. Permanent employees will have the right to resume their previous or similar position at the conclusion of the acting appointment. However, an employee shall not be forced to accept an acting appointment that results in an increase or decrease in salary.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-215, filed 12/17/93, effective 1/18/94.]
WAC 356-56-220 Review period--Attaining permanent status. (1) The review period for an appointee to a position within the Washington management service is a period of time to allow the employer to ensure the appointee meets the performance and other requirements of the position.
(2) Based on the nature of the job and the skills of the appointee, the review period will be between twelve and eighteen months as determined by the appointing authority. The appointing authority will inform the appointee in writing at the time of appointment of the length of the review period.
(3) Appointees from outside state service and promotional appointees will attain permanent status in the position upon successful completion of the review period.
(4) An appointing authority may require an employee who transfers or voluntarily demotes to serve a review period. The employer may extend the review period by the number of work hours in excess of 174 hours that the employee is on sick leave, leave used in lieu of sick leave, and leave without pay. The granting of leave shall be in compliance with chapter 356-18 WAC and the Fair Labor Standards Act.
(5) An employee who is promoted to a different Washington management service position in the same agency during the review period, will begin a new review period for the new position. The employee will concurrently serve both the original and the new review period and will attain permanent status as a state employee in the original position when the original review period elapses.
(6) An employee who is promoted to a different Washington management service position in a different agency during the review period will begin a new review period for the new position. The employee will not attain permanent status in the original position in the former agency unless agreed to in writing by the appointing authorities in both agencies.
(7) An employee who is appointed to a Washington management service position from a Washington general service position in the same agency while serving a probationary or trial service period in the same or similar occupational field will serve the trial service or probationary period concurrently with the review period. The employee will attain permanent status in the previous job classification once the original probationary or trial service period elapses.
(8) An employee who is appointed to a Washington management service position from a Washington general service position in a different agency while serving in a probationary or trial service period will not attain permanent status in the original position in the former agency unless agreed to in writing by the appointing authorities in both agencies.
(9) The agency may require a review period when the employee remains in the same position and receives a promotion.
[Statutory Authority: RCW 41.06.150. 01-03-003, § 356-56-220, filed 1/4/01, effective 5/1/01. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-12-055, § 356-56-220, filed 5/27/94, effective 7/1/94; 94-01-126, § 356-56-220, filed 12/17/93, effective 1/18/94.]
WAC 356-56-230 Reversion. (1) During the review period, the appointing authority may separate or revert the employee from the position with written notification of the effective date.
(2) If a Washington management service permanent employee is appointed to a Washington management service position in the same agency, and reverted during the review period, the agency will place the employee in a vacant funded Washington management service position for which the employee is qualified, and that is comparable to the employee's position and salary prior to the last Washington management service appointment. If no vacant funded positions are available, the agency shall place the employee in a position for which the employee is qualified in the Washington management service similar to the employee's previous position and salary.
(3) If a Washington management service permanent employee is appointed to a Washington management service position in a different agency, and is reverted during the review period, the hiring agency will place the employee in a vacant funded Washington management service position for which the employee is qualified, and that is comparable to the employee's position and salary prior to the last Washington management service appointment. If no vacant funded positions are available, the hiring agency shall place the employee in a position for which the employee is qualified, in the Washington management service similar to the employee's previous position and salary.
(4) If a permanent Washington general service employee is appointed to a Washington management service position in the same agency and is reverted during the review period, the employee will retain reversion rights to and be placed in a position in the Washington general service class in which the employee held permanent status prior to the Washington management service appointment as provided in WAC 356-30-315.
(5) If a permanent Washington general service employee is appointed to a Washington management service position in a different agency and is reverted during the review period, the hiring agency will place the employee in a vacant funded position for which the employee is qualified, and that is comparable to the employee's position and salary prior to the last Washington management service appointment. If no funded vacancies are available, the employee is separated and may request to be placed on the reversion registers for the Washington general service class in which the employee held status prior to the Washington management service appointment as provided in WAC 356-30-315.
(6) Within the first six months of any review period, an employee may voluntarily revert to the Washington general service position, if vacant and funded, held prior to the employee's first Washington management service appointment or to a similar funded vacant position at the same salary range. If no funded vacancies are available, the employee may request to be placed on the reversion registers for the Washington general service class in which the employee held status prior to the first Washington management service appointment.
(7) Nothing in this section shall preclude agencies and the reverted employee from reaching mutual agreement on placement of a reverted employee within the Washington management service or within the Washington general service if permitted by the respective rules.
(8) If reversion of a permanent employee appointed to or within the Washington management service results in fewer funded positions than employees entitled to the positions, and the agency consequently conducts a reduction in force, the provisions of WAC 356-56-550 will apply.
(9) An appointee to a Washington management service position from outside state service who is separated prior to completion of the review period will not attain permanent status, nor have reversion rights to any position within the Washington management service or within the Washington general service.
(10) Employees may not appeal reversion or separation from the review period.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-09-012, § 356-56-230, filed 4/12/94, effective 5/14/94; 94-01-126, § 356-56-230, filed 12/17/93, effective 1/18/94.]
WAC 356-56-255 Return from exempt service. Return from an exempt appointment will be accomplished as provided in WAC 356-06-055.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-255, filed 12/17/93, effective 1/18/94.]
WAC 356-56-400 Training and development. (1) The responsibility for training and development is a collaborative effort among state agencies, managers, and the department of personnel.
(a) Each state agency shall provide development and training opportunities specifically designed to refine and broaden managerial knowledge, skills, and abilities. Diversity and education about the civil service system will be part of this training.
(b) Managers shall be responsible for seeking out and fully participating in opportunities to enhance their knowledge, skills, and abilities.
(2) The department of personnel shall assist state agencies by providing a quality training program and consultative and technical assistance to help agencies address the development needs of their managers.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-400, filed 12/17/93, effective 1/18/94.]
WAC 356-56-410 Tuition reimbursement and educational leave. Each agency shall develop policies for managerial development and training opportunities and criteria for providing textbooks, materials, registration fees, and other training and educational expenses, tuition reimbursement, and educational leave.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-410, filed 12/17/93, effective 1/18/94.]
WAC 356-56-420 Human resource development plan. Each agency shall ensure that the development needs of managers are incorporated into the agency's human resource development plan. Each agency is responsible for periodic evaluations of its plan.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-420, filed 12/17/93, effective 1/18/94.]
WAC 356-56-440 Performance evaluation. (1) Each agency shall evaluate the performance of its managers during their review periods and at least annually thereafter.
(2) The department of personnel shall provide a performance evaluation system which shall be used by each state agency for evaluation of its managers. Agencies may tailor the managerial evaluation system to fulfill agency-unique needs, provided the emphasis be placed on:
(a) Collaboration and communication between the supervisor and managerial employee during the performance planning and evaluation process;
(b) Planning for and assessment of results;
(c) Preparation of a management development plan; and,
(d) Assessment of those knowledge, skills, and abilities that are critical to effective managerial performance.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-440, filed 12/17/93, effective 1/18/94.]
WAC 356-56-500 Disciplinary action. Appointing authorities may demote, suspend, reduce in salary, or dismiss a permanent Washington management service employee for cause. The disciplinary process shall be administered in accordance with WAC 356-34-020 through 356-34-070. However, these actions must be in conformance with the Fair Labor Standards Act.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-500, filed 12/17/93, effective 1/18/94.]
WAC 356-56-550 Reduction in force--Agency procedure--Bump options. (1) Washington management service employees may be separated due to reduction in force in accordance with the statutes and the agency's reduction in force procedures after at least fifteen calendar days' notice in writing, without prejudice, because of lack of funds or curtailment of work, or good faith reorganization for efficiency purposes, ineligibility to continue in a position which has been reallocated to the Washington general service, or when there are fewer positions than there are employees entitled to such positions either by statute or within other provisions of these rules.
(2) When exempt employees have statutory rights to return to the Washington management service, such employees first shall be returned to the position selected. If such return causes the total number of employees to exceed the total number of positions to be filled, the least senior person in the position shall have the reduction in force rights prescribed in this section.
(3) Each agency shall develop a reduction in force procedure that is consistent with the following:
(a) For purposes of reduction in force, seniority shall be determined by the definition in WAC 356-05-390. Ties in seniority will be broken by first measuring the employees last continuous time within their current position; if the tie still exists, by measuring the employees last continuous time in their current agency; and if the tie still exists, by lot.
(b) Layoff units will be clearly defined, either geographically or by administrative units or both, so as to limit the disruption of an agency's total operation; but not to unduly restrict the options available to employees with greater seniority. The definition of layoff units may be a series of progressively larger units within an agency when a valid option in lieu of separation cannot be offered to respective employees within a smaller unit.
(c) Options in lieu of separation by reduction in force may be offered by an agency only when such options are in accordance with the agency's reduction in force procedure.
(d) Appointment to vacancies and "bumping" shall occur in accordance with the following:
(i) Appointing authorities will seek within the agency a funded vacant Washington management service position for which the employee has the required job skills, and that is at the same salary standard and/or same evaluation points. If no funded vacancies exist, then the appointing authority shall seek a funded position within the agency at the same or lower salary standard and/or at the same or lower evaluation points for which the separated employee has greater seniority, applicable personal work history, and the required job skills. The appointing authority will first look within the current management band for equivalent funded positions at the same salary standard and/or the same evaluation points, and if none are found, then progressively to positions with a lower salary standard and/or lower evaluation points. The appointing authority may consider vacant positions within the agency at higher evaluation points.
(ii) Appointing authorities will consider appropriate 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, prior to considering appropriate Washington management service positions within the agency which have a lower salary standard and/or lower evaluation points and salary.
(iii) Permanent Washington management service employees who have no options for the same or similar positions in the Washington management service, and who have held permanent status in the Washington general service, will be afforded reduction in force rights as provided in chapter 356-30 WAC.
(e) The right to actually "bump" shall be exercised only after the employee to be "bumped" has received at least fifteen calendar days' notice of the scheduled action.
(f) Options of full-time positions will be offered first to full-time employees before part-time positions are offered. For the purpose of these offers, employees who previously accepted part-time positions due to a reduction in force action or to lessen the impact of a reduction in force shall be considered full-time employees.
(g) Seniority for part-time employees will be computed using the same percentage the part-time schedule bears to a full-time schedule. When part-time employees become full-time employees, their payroll hours will be integrated on a comparable time basis as full-time employees.
(h) No permanent employee shall be separated through reduction in force without being offered acting positions for which the agency determines the employee is qualified.
(i) The salary of an employee who accepts a position with lower evaluation points shall be determined by the agency.
[Statutory Authority: RCW 41.06.500. 97-17-041, § 356-56-550, filed 8/14/97, effective 9/15/97. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-12-055, § 356-56-550, filed 5/27/94, effective 7/1/94; 94-01-126, § 356-56-550, filed 12/17/93, effective 1/18/94.]
WAC 356-56-600 Appeals. (1) Only disciplinary action as defined in WAC 356-56-500, transfer that is alleged to be an unreasonable commute, disability separation, nondisciplinary separation made under the provisions of WAC 356-56-203 (5)(e) of these rules, or reduction in force action directly affecting a permanent Washington management service employee may be appealable to the personnel appeals board as provided in Title 358 WAC.
(2) Decisions on which Washington management service positions shall be eliminated under reduction in force actions shall not be appealable to the personnel appeals board.
[Statutory Authority: RCW 41.06.150. 01-21-051, § 356-56-600, filed 10/15/01, effective 12/1/01. Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-600, filed 12/17/93, effective 1/18/94.]
WAC 356-56-610 Reviews. (1) Each agency will develop policies and procedures for conducting an informal review of certain actions with which the affected employee disagrees (except as described in WAC 356-56-600). In developing and administering these policies, the agency will adhere to the following:
(a) The informal review shall be limited to a maximum of three levels of review within the agency.
(b) Informal reviews may be limited to a review of documentation and other relevant information. Review decisions should be prompt.
(c) Except as provided in WAC 356-56-610 (3)(c), the informal review will be conducted by the agency director or designee.
(2) Employee requests for review must be in writing and requested within fifteen calendar days of the action or notification or awareness (whichever was first) of the action to be reviewed.
(3) An agency shall conduct an informal review, at the employee's request, for the following actions:
(a) Salary adjustment (or lack thereof) when the responsibilities of the permanent employee's position have been changed.
(b) Placement actions following reversion of a permanent employee.
(c) Decisions about if a position is included in the Washington management service.
(i) The final agency-internal review shall be conducted by the agency director or designee.
(ii) If the incumbent disagrees with the agency director/designee's decision, he/she may request a review by the director of the department of personnel, provided that such request is made within fifteen calendar days of notification of the decision. Such review will be limited to relevant documents and information and will be final.
(4) Each agency is responsible for identifying and acting upon patterns or trends that signal problems or training needs among its managers.
(5) Each agency shall maintain a record of the number, nature, and outcome of informal reviews.
(6) The director of personnel retains the right to review any review decision rendered by agency heads or designees or any actions taken under the Washington management service.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-610, filed 12/17/93, effective 1/18/94.]
WAC 356-56-630 Resignation. Washington management service employees may resign following the provisions of WAC 356-30-250 (1) through (4).
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-630, filed 12/17/93, effective 1/18/94.]
WAC 356-56-650 Record keeping. Each agency will maintain records of employees in the Washington management service. The records will identify employees as members of the Washington management service, including position numbers and position titles, and track all personnel actions related to them. Agencies will be responsible for reporting statistical information to the department of personnel regarding diversity, applicant flow, and appointments following each selection.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-650, filed 12/17/93, effective 1/18/94.]
WAC 356-56-660 Administrative procedures--Rule making. (1) The director of personnel will adopt rules as necessary and appropriate pursuant to RCW 41.06.500 and chapter 356-56 WAC. The director will hold a formal, public meeting to receive comments and a record of proceedings will be maintained.
(2) The meetings in which the director of personnel receives comments on rule proposals shall be conducted in a facility and manner that reasonably accommodates the needs of persons with disabilities.
(3) Interested parties may participate in the formulation of rules or amendments thereto by offering proposals for the director's consideration. As necessary, informal meetings of interested parties and department of personnel staff may be called prior to presenting rule proposals to the director.
[Statutory Authority: Chapter 41.06 RCW and RCW 41.06.500. 94-01-126, § 356-56-660, filed 12/17/93, effective 1/18/94.]