WSR 06-22-072

PROPOSED RULES

UNIVERSITY OF WASHINGTON


[ Filed October 31, 2006, 9:08 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-17-061.

Title of Rule and Other Identifying Information: Chapter 478-04 WAC, Organization.

Hearing Location(s): Room 310, Husky Union Building (HUB), University of Washington, Seattle Campus, Box 352230, Seattle, WA 98195, on December 6, 2006, at 1:00 p.m.

Date of Intended Adoption: January 18, 2007.

Submit Written Comments to: Rebecca Goodwin Deardorff, Director of Rules Coordination, University of Washington, Box 355509, Seattle, WA 98195, e-mail rules@u.washington.edu, fax (206) 221-6917, by December 6, 2006.

Assistance for Persons with Disabilities: Contact UW Disability Services Office by November 22, 2006, TTY (206) 543-6452 or (206) 543-6450.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify the meeting practices of the University of Washington's board of regents and other UW governing boards with respect to the Open Public Meetings Act.

Statutory Authority for Adoption: RCW 28B.20.130.

Statute Being Implemented: RCW 28B.20.130 and chapter 42.30 RCW.

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

Name of Proponent: University of Washington, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Michele Sams, Secretary of the University of Washington Board of Regents, 139 Gerberding Hall, Box 351264, Seattle, WA 98195-1264, (206) 543-1633.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendments to chapter 478-04 WAC do not impose a disproportionate impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. The proposed amendments to chapter 478-04 WAC are not considered to be a significant legislative rule by the University of Washington.

October 30, 2006

Rebecca Goodwin Deardorff

UW Director of Rules Coordination

OTS-9295.2


AMENDATORY SECTION(Amending WSR 05-21-133, filed 10/19/05, effective 11/19/05)

WAC 478-04-030   Meetings of the board of regents.   (1) Public meetings. Regular and special meetings of the board of regents and committees thereof as required by applicable law shall be open to the public, except for executive sessions which may be held as permitted by applicable law. Board members may appear at any meeting through any means that permits communications with all other persons at the meeting. Persons wishing to appear before the board to make a presentation shall comply with the procedures as specified in subsection (8) of this section.

(2) Regular meetings. Regular meetings of the board shall be held pursuant to a schedule and at locations established yearly by resolution of the board and published periodically in the Washington State Register. The president of the board, with the concurrence of a majority of the members of the board, may cancel any regular meeting. All such regular meetings will be conducted in conformance with the laws of the state of Washington governing such meetings.

((The board shall give no less than twenty-four hours notice of cancellation of a regular meeting.

(2))) (3) Special meeting. The president of the university, the president of the board, or any six members of the board may call a special meeting at any time. Not less than twenty-four hours before any special meeting, the secretary shall have notified each member of the board by written notice of the time, place, and the business to be transacted at the meeting. Such notice shall be distributed ((and posted)) in accordance with the laws of the state governing such meetings. The presence of a regent at the meeting or the regent's written waiver of notice filed with the secretary shall constitute a waiver of receiving written notice of the meeting. When the meeting is called to deal with an emergency involving injury or damage, or the likelihood of injury or damage, to persons or property, and the time requirements for notice provided for above would be impractical and increase the likelihood of such injury or damage, such required notice may be dispensed with and the secretary shall notify each member of the board by the best means possible under the circumstances.

(((3) Notice of agenda for regular meeting. Not less than four days before any regular meeting, the secretary shall mail to each member of the board a reminder of the regular meeting and a preliminary agenda setting forth the matters which are to be considered at the meeting.))

(4) Addenda to the agenda at regular or special meetings. Addenda to the agenda of either a regular or a special meeting may be permitted at the commencement of or during such meeting, except that final disposition shall not be taken on addenda to the agenda of a special meeting unless notice as required by applicable law has been given.

(5) Quorum. A majority of the entire board shall be necessary to constitute a quorum at all regular meetings and special meetings.

(6) ((Order of business. The following shall be the order of business at each regular meeting of the board:

Report of the president of the board;

Report of the president of the university;

Consent agenda (including approval of minutes);

Reports of standing committees of the board;

Reports of special committees of the board; and

Any other business that may properly come before the board.

The following shall be the order of business at each special meeting of the board:

Reading of notice of meeting;

The special business for which the meeting was called; and

Any other business that may properly come before the board.

The order of business of the board may be changed or suspended at any meeting by a majority of the regents present. An item shall be removed from the consent agenda by request of any regent.

(7))) Minutes. The minutes of all regular and special meetings of the board shall be kept by the secretary. Such minutes, following approval, shall be open to public inspection in the office of the secretary of the board of regents during regular university business hours.

(((8) Public meetings. Regular and special meetings of the board of regents and committees thereof as required by applicable law shall be open to the public, except for executive sessions which may be held as permitted by applicable law. Board members may appear at any meeting through a telephone or video-conferencing device that permits communications with all other persons at the meeting. Persons wishing to appear before the board to make a presentation shall comply with the procedures as specified in subsection (11) of this section.

(9))) (7) Committee of the whole meetings. Meetings of the board as a committee of the whole may be held before regular or special meetings of the board or at such time and such place as the president of the board may direct from time to time.

(((10) Executive sessions. During any regular or special meeting of the board or committee, the board or committee may hold an executive session to discuss matters as permitted in applicable laws of the state of Washington.

(11))) (8) Communications to and appearance before the board. Any persons who wish to communicate to the board or appear before the board shall do so as follows:

(a) Communications to the board. Any person who wishes to bring a matter to the attention of the board may do so by submitting such communication in writing to the secretary of the board of regents. The secretary shall bring such written communications to the attention of the president of the board and the president of the university for direction as to response and/or transmittal to the board.

(b) Appearance before the board. The meetings of the board of regents are intended for presentation of agenda items by the chairs of the respective standing committees and by the president of the university for discussion and action by the members of the board. Public testimony on agenda items, or on other relevant items which any person may wish to call to the attention of the board, may be taken by the appropriate standing committee or by the committee of the whole. The chair of each committee shall have the discretion to limit the time and order of appearances as deemed desirable for a fair presentation of views consistent with the other business before the committee. In an unusual case, this subsection may be waived by the president of the board or by any other six members of the board.

(c) Petition to board for promulgation, amendment, or repeal of rule. Persons having an interest in the promulgation, amendment, or repeal of a "rule" as defined in RCW 34.05.010 may submit a written petition to the university's rules coordination office. Any petition so submitted shall contain the name and address of the petitioner or petitioners, a description of the persons on whose behalf the petition is presented if it is presented in a representative capacity, a statement of the interest of the petitioner and/or the persons on whose behalf it is presented, and a statement of the reasons supporting the petition. If the petition is for the promulgation of a rule, it shall contain the proposed rule. If the petition is for an amendment of an existing rule, it shall contain the rule with the proposed deletions lined out and proposed additions underlined or italicized. If the petition is for the repeal of a rule, it shall contain a copy of the rule proposed to be repealed. The petition shall be considered by the board at the first regular meeting held not less than thirty days after the date the petition was submitted to the rules coordination office, provided that the board may consider the petition at any earlier regular or special meeting of the board.

Within sixty days after submission of a petition to the rules coordination office that is for the promulgation, amendment, or repeal of a "rule," as defined in RCW 34.05.010, the board shall either deny the petition in writing or initiate rule-making procedures in accordance with RCW 34.05.330.

(((12))) (9) Rules of procedure. Robert's Rules of Order, latest revised edition, shall govern all meetings of the board and its committees except where such rules of order are superseded by the bylaws of the board of regents or standing orders of the board. Any member of the board may make a motion which need not be seconded in order to bring the subject of the motion before the board for action.

[Statutory Authority: RCW 28B.20.130, 34.05.330 and University of Washington Board of Regent's Standing Orders, Chapter 1, Section 2. 05-21-133, 478-04-030, filed 10/19/05, effective 11/19/05. Statutory Authority: RCW 28B.20.130 and 34.05.330. 05-08-064, 478-04-030, filed 3/31/05, effective 5/1/05. Statutory Authority: RCW 28B.20.130, 34.05.330 and chapter 42.30 RCW. 03-24-046, 478-04-030, filed 11/26/03, effective 12/27/03. Statutory Authority: RCW 28B.20.130 and 42.30.075. 92-02-038, 478-04-030, filed 12/24/91, effective 1/24/92.]


NEW SECTION
WAC 478-04-035   Meetings of other university governing boards.   Regular meetings of university governing boards shall be held pursuant to schedules and at locations published periodically in the Washington State Register. All such regular meetings will be conducted in conformance with the laws of the state of Washington and policies of the board of regents governing such meetings.

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Washington State Code Reviser's Office