WSR 05-16-022

PROPOSED RULES

EXECUTIVE ETHICS BOARD


[ Filed July 25, 2005, 2:20 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-12-046.

Title of Rule and Other Identifying Information: WAC 292-100-007 Definitions and 292-130-030 Operations and procedures.

Hearing Location(s): 2425 Bristol Court, Conference Room 148, Olympia, WA 98504, on September 9, 2005, at approximately 9:00.

Date of Intended Adoption: September 9, 2005.

Submit Written Comments to: Susan Harris, P.O. Box 40149, Olympia, WA 98504-0149, e-mail susanh4@atg.wa.gov, fax (360) 586-3955, by September 1, 2005.

Assistance for Persons with Disabilities: Contact Ruthann Bryant by September 7, 2005.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend WAC 292-100-007, this rule adds a definition of lobbying, and clarifies that written communications are not considered lobbying for purposes of chapter 42.52 RCW.

Amend WAC 292-130-030, this amendment is "housekeeping" only, to set out the date, time and place board meetings are held.

Reasons Supporting Proposal: WAC 292-100-007, gives the board the ability to send written communications to officials in matters directly relating to board interests.

WAC 292-130-030 complies with the Open Public Meetings Act.

Statutory Authority for Adoption: RCW 42.52.360 (2)(b).

Statute Being Implemented: Chapter 42.52 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Executive Ethics Board, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Susan Harris, 2425 Bristol Court, Olympia, 664-0871.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These changes have no impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. There is no cost/fiscal impact to the state.

July 20, 2005

Susan Harris

Executive Director

OTS-8226.1


AMENDATORY SECTION(Amending WSR 01-13-033, filed 6/13/01, effective 7/14/01)

WAC 292-100-007   Definitions.   Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board staff" shall include the executive director, the investigator, attorneys who bring cases before the board, and the training and information specialist.

(2) "Complainant" means a person who has filed a complaint with the board.

(3) "Employing agency" means the former or current state agency of the respondent during the time the alleged violation occurred.

(4) "Lobbying," for the purposes of RCW 42.52.380, does not include written communication by the board to members of the state legislature or to any other government official on matters pertaining directly to the Ethics in Public Service Act.

(5) "Party" includes the board staff and the respondent. The respondent may be represented in any matter filed under chapter 42.52 RCW by an attorney or an exclusive bargaining representative. If the respondent is represented by a person who is not an attorney, the representation shall conform to the standards of ethical conduct required of attorneys before the courts of the state of Washington.

(((5))) (6) "Preliminary investigation" refers to the confidential fact-finding investigation that occurs before the board's determination of reasonable cause.

(((6))) (7) "Presiding officer" refers to the board chair, vice chair, a board member designated as presiding officer by the chair or vice chair, or an administrative law judge.

(((7))) (8) "Respondent" means a current or former state officer or state employee alleged to have violated chapter 42.52 RCW by a complainant.

[Statutory Authority: RCW 42.52.360 (2)(b) and 42.52.425. 01-13-033, 292-100-007, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW 42.52.360 (2)(b). 99-06-073, 292-100-007, filed 3/2/99, effective 4/2/99.]

OTS-8227.1


AMENDATORY SECTION(Amending WSR 01-13-033, filed 6/13/01, effective 7/14/01)

WAC 292-130-030   Operations and procedures.   The board holds regular scheduled meetings ((in accordance with a schedule filed with the code reviser's office and published in the Washington State Register)) on the second Friday of each month at 9:00 a.m. unless a different time is noted on the agenda, except August and December when no meetings are held. The meetings are held at 2425 Bristol Court, Conference Room 148, unless circumstances require relocating to another site as designated by the executive director of the board.

All meetings are conducted in accordance with the Open Public Meetings Act (chapter 42.30 RCW). Three members of the board constitute a quorum. Any matter coming before the board may be decided by a majority vote of those members present and voting. Minutes shall be taken at all meetings.

The board issues advisory opinions; develops education and training materials; investigates, hears, and determines complaints; reviews and approves agency ethics policies; and, reviews, approves, or denies contracts between state officers and employees and state agencies.

Written communications intended for board consideration or action shall be filed with the administrative office.

[Statutory Authority: RCW 42.52.360 (2)(b) and 42.52.425. 01-13-033, 292-130-030, filed 6/13/01, effective 7/14/01. Statutory Authority: RCW 42.52.360 (2)(b). 98-22-072, 292-130-030, filed 11/3/98, effective 12/4/98.]

Washington State Code Reviser's Office