[Lcta] [EXTERNAL] RE: HB 2669

[Hamam, Monia]

Thanks so much for sharing, Janice!

Monia


From: LCTA <lcta-bounces at lists.ctc.edu> On Behalf Of Taylor, Janice (Tutoring Services) via LCTA
Sent: Thursday, May 19, 2022 2:14 PM
To: 'lcta at lists.ctc.edu' <lcta at lists.ctc.edu>
Subject: [Lcta] FW: [EXTERNAL] RE: HB 2669

Hello,

Below is my inquiry and the response from OFM regarding the 1050 Rule we discussed at our last LCTA meeting.  I have followed up with my HR and been told that as long as we do not exceed the hourly rules of PEBB or DRS those benefits will not kick in but that beginning July 1st any employee that exceeds 1,050 hours or 12 months of employment, whichever comes first will become a permanent employee and be part of the civil service.

Some examples include:

  *   Paid leave, holiday pay
  *   Employment rights
  *   Disciplinary process in CBA applies
  *   Layoff procedures

I looked up the Civil Service WAC, https://ofm.wa.gov/state-human-resources/civil-service-rules/civil-service-rules-wac-357<https://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fofm.wa.gov%2Fstate-human-resources%2Fcivil-service-rules%2Fcivil-service-rules-wac-357&data=05%7C01%7C%7Ce42e36c881c04a15932608da3a72bf6f%7C02d8ff38d7114e31a9156cb5cff788df%7C0%7C0%7C637886561803222564%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=RRAcqysvD2JxOO6nksHHXhhQmnQpGB6tcGlCjCnxNyA%3D&reserved=0>.  You can review the information too.  Based on this I see that they will receive additional rights and some additional leave but it does not appear to have great cost impacts, I still have not gotten my HR to confirm this fact.  However, I still feel like it may be prudent to continue the route of requesting exemption for the original reasons set forth in the original presentation.

I have sent the following request to my HR office:

“Brandy at OFM said I would need to work with you and Brad specifically to file for an exception to RCW 41.06.070 but in reviewing the HB 2269 and accompanying Senate Bill I really don’t think we need to file for an exception, I think our program IS an exception and I would really like for you to help me with getting this figured out with OFM on Clark’s behalf.

House Bill 2669 also has an accompanying Senate Bill 6184, which amends RCW 41.06.070 on Page 4, lines 15-22 it specifically states the following:

[cid:image002.png at 01D86C50.6F12DBC0]

Tutoring Services at Clark College, and Tutoring and Learning Centers in general across WA state fit this exception because we are a unique program that does provide continuing education activities and counseling of students.  Tutoring personnel provide so much more than assisting students with coursework, they provide counsel, model success behaviors, mentorship, and showcase to students moving on to the next step beyond community college.  Furthermore we have extremely specialized training, in our case we even have internationally recognized certified training.  Many of our desk staff and tutors do not come to us until their time as a student is almost done here as we are only a 2 year institution, therefore it is imperative that Clark College Tutoring Services (and Tutoring & Learning Centers in general) be exempted from HB 2669 so that we can retain these employees past their time here as a student- as temporary employee exempt from civil service laws.

Based in this, aren’t we already considered a program that would fit an exemption or will you need to file an official request?”

I encourage everyone to determine your best next steps 😊

Let me know if you have any questions.

Thanks,

Janice

From: Chinn, Brandy (OFM) <brandy.chinn at ofm.wa.gov<mailto:brandy.chinn at ofm.wa.gov>>
Sent: Wednesday, May 18, 2022 3:10 PM
To: Taylor, Janice (Tutoring Services) <jltaylor at clark.edu<mailto:jltaylor at clark.edu>>
Cc: OFM mi Rules <rules at ofm.wa.gov<mailto:rules at ofm.wa.gov>>
Subject: [EXTERNAL] RE: HB 2669

CAUTION: This email originated from outside Clark College. Do not click links or open attachments unless you validate the sender and know the content is safe. If you suspect this is phishing forward to phishing at clark.edu<mailto:phishing at clark.edu> or contact the helpdesk at x2425 or email helpdesk at clark.edu<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fhelpdesk%40clark.edu%2F&data=05%7C01%7C%7Ce42e36c881c04a15932608da3a72bf6f%7C02d8ff38d7114e31a9156cb5cff788df%7C0%7C0%7C637886561803222564%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=xRDlqfU%2B67uJTbfXuTJ6FmfPjlXenHeIUJsNN8HCcRI%3D&reserved=0>.
Hello Janice, thank you so much for your email. Please see below for our response in red text.


Brandy Chinn  |  Rules and Legislative Relations Manager
State Human Resources | Office of Financial Management
(C) 360.878.2901
She/her



From: Taylor, Janice (Tutoring Services) <jltaylor at clark.edu<mailto:jltaylor at clark.edu>>
Sent: Friday, May 13, 2022 10:53 AM
To: OFM mi Rules <rules at ofm.wa.gov<mailto:rules at ofm.wa.gov>>
Subject: HB 2669


External Email
Hello Brandy Chinn

I am writing regarding HB 2669 and the effective date and implementation of said HB.  My understanding of this bill is that it is in a holding pattern due to the pandemic and set to go into effect in July 22.  However, when it goes into effect it will have serious effect on educational programs such as ours.  There is great confusion across all Washington State educational institutions as to what the ramifications of this bill will be on our small programs and how the bill will be implemented.  We are receiving inconsistent direction from our Human Resource offices and from OFM.  We apologize regarding the confusion and inconsistent information. Are you able to provide more details regarding the inconsistent direction from your HR Office and OFM to give us the opportunity to address your specific concerns?

Can you please provide me direction on if this bill will be extended again or if there is any possibility it can be omitted completely?  Any further extension or omission would require the legislature to pass another bill.  This bill passed during the 2018 legislative session with June 7, 2018 effective date. However, due to the complex nature of this legislation and the impacts of COVID-19 pandemic over the past two years, the implementation of this new legislation took longer than expected. The OFM worked with both higher education employers and union organizations to implement these changes for non-represented classified employees by amending Title 357 WAC to redefine temporary higher education appointments and expand the current general government nonpermanent appointments to higher education employers.

If it is going to go into effect, is there any way to receive direction on how our higher education institutions are to implement this rule? Since 2018, OFM has been working closely with higher education employers with the implementation on the rule changes stemming from HB 2669. These rules have been adopted permanently and will go into effect on July 1, 2022.

Also, I have a question regarding this section of the bill:

"Page 4, Lines 15-22: (b) The governing board of each institution, and related boards, may also exempt from this chapter classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training as determined by the board: PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the board under this provision."

I would like to know how to apply for an exemption for our Program as I do believe that we would fit this exemption for continuing education activities.  The Tutoring Program provides continued educational opportunities and employment for students as they continue their educational career beyond the community college experience.  It is vital that we be allowed to retain student employees beyond their student employment (especially at a 2 year college as by the time they attain higher level classes to be able to tutor them, they are ready to graduate!)  If we hire and train them to tutor as students and then move them to 1050's when they move on to their four year college experience we allow them to continue their education and continue part-time work and share their knowledge & model educational and academic activities for other students beginning their college experience.

A decision was made based on feedback received from higher education employers that a Tutor classification was no longer needed because typically students perform these duties. Student employees remain exempt from civil service. Those tutors who are not students would be placed into a job classification under the Instruction & Classroom Support Tech series. Nothing in HB 2669, or in the new rules that will take effect in July, would prevent your former student employees from continuing to work in your program after they move on to a four year college.

Can you guide me on how I would apply for this exemption for Tutoring Services at Clark College? We recommend that you connect with you Human Resources Office (Gerald Gabbard (ggabbard at clark.edu<mailto:ggabbard at clark.edu>) and Brad Avakian (BAvakian at clark.edu<mailto:BAvakian at clark.edu>)) to determine which exemptions would fall under RCW 41.06.070.

Thank you,

Janice L. Taylor
Program Manager, Clark College Tutoring Services

**I am currently working a hybrid schedule - email is the best way to reach me at this time​​**
Office: FHL 202, Mail Stop: FHL 222
Direct Line: (360)992-2773
Email: jltaylor at clark.edu<mailto:jltaylor at clark.edu>

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