WSR 09-09-037

PROPOSED RULES

WASHINGTON CITIZENS' COMMISSION ON

SALARIES FOR ELECTED OFFICIALS

[ Filed April 8, 2009, 9:53 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-05-045.

Title of Rule and Other Identifying Information: TITLE 183 WAC, Operating procedures of the Washington citizens' commission on salaries for elected officials.

Adopt new WAC chapters to clarify and define commission operating policies and procedures, chapters 183-01, 183-02, 183-03, 183-05, 183-07, 183-08, 183-09, 183-10, and 183-11 WAC and repeal chapters 183-04 and 183-06 WAC.

Hearing Location(s): General Administration Building, Room 207, 210 11th Avenue S.W., Olympia, on May 27, 2009, at 10:00 a.m.

Date of Intended Adoption: May 28, 2009.

Submit Written Comments to: Carol Sayer, P.O. Box 43120, Olympia, WA 98504-3120, e-mail csayer@salaries.wa.gov, fax (360) 586-7544, by May 26, 2009.

Assistance for Persons with Disabilities: Contact Carol Sayer by May 20, 2009, (800) 809-8116 (toll free).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adopt WAC chapters to inform the public about the commission's operating policies and procedures. Repealing chapter 183-04 WAC, Public records and chapter 183-06 WAC, Public hearing procedures and incorporate repealed chapters into chapters 183-05 and 183-07 WAC.

Reasons Supporting Proposal: Existing operating policies and procedures are out-of-date or do not exist. Adoption of comprehensive operating policies and procedures will aid the public in understanding the commission's role in state government and inform them how to contact the commission to obtain information and how they can become involved in the salary setting process.

Statutory Authority for Adoption: Chapter 43.03 RCW.

Statute Being Implemented: Chapter 43.03 RCW.

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

Name of Proponent: Washington citizens' commission on salaries for elected officials, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Carol Sayer, 210 11th Avenue S.W., Room 301A, Olympia, (360) 725-5669.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The citizens' commission on salaries for elected officials has determined that the rule is not subject to the Regulatory Fairness Act because the rule is for the purpose of informing the public about the commissions' operating policies and procedures.

A cost-benefit analysis is not required under RCW 34.05.328. The citizens' commission on salaries for elected officials is not an agency listed in RCW 34.05.328 (5)(a)(i).

April 8, 2009

Carol Sayer

Director

OTS-2213.1

Chapter 183-01 WAC

PURPOSE AND AUTHORITY


NEW SECTION
WAC 183-01-010   Purpose.   The purpose of the commission is to set the salaries of the elected officials in the executive, legislative, and judicial branches of state government including:

(1) Governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction, commissioner of public lands, and insurance commissioner;

(2) Members of the legislature; and

(3) Justices of the supreme court and judges of the court of appeals, superior courts, and district courts.

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NEW SECTION
WAC 183-01-020   Authority and duties.   The commission's authority and duties are described in Article 2, section 1 of the state Constitution and in RCW 43.03.310.

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OTS-2214.1

Chapter 183-02 WAC

DEFINITIONS


NEW SECTION
WAC 183-02-010   Definitions.   The definitions in this chapter apply throughout the title unless the context clearly requires otherwise.

(1) "Commission" means the Washington citizens' commission on salaries for elected officials. Where appropriate, the term "commission" also refers to the staff and employees of the commission.

(2) "Agency" means the Washington citizens' commission on salaries for elected officials. Where appropriate, the term "agency" also refers to the staff and employees of the commission.

(3) "Chair" means the chair of the commission.

(4) "Vice-chair" means the vice-chair of the commission.

(5) "Executive director" means the executive director of the commission.

(6) "Members" means the appointed members of the commission.

(7) As used in this chapter:

(a) Citations to state statutes and regulations include such laws as now or hereafter amended.

(b) The singular shall take the plural and either gender, the other, as the context requires.

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OTS-2215.1

Chapter 183-03 WAC

OPERATION


NEW SECTION
WAC 183-03-010   Organization.   The commission is a state agency authorized by Article 28, section 1 of the state Constitution and chapter 43.03 RCW. The commission shall be solely responsible for its own organization, operation, and action as described in RCW 43.03.310(2).

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NEW SECTION
WAC 183-03-020   Delegation of duties.   The commission may delegate certain duties to the executive director but remains responsible for the official acts of its employees.

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NEW SECTION
WAC 183-03-030   Operation and office location.   The public can find out the commission's hours of operation by contacting the commission at its general mailing address, toll free telephone number, fax, or e-mail as follows:

(1) Contact information.


P.O. Box 43120, Olympia, WA 98504-3120

866-809-8116 (toll free)

360-586-7544 (fax)


(2) E-mail requests shall be sent to the commission by accessing the commission's web site at www.salaries.wa.gov and following the contact instructions.

(3) Office. The commission's office is located in the General Administration Building in Olympia, Washington, 210 11th Avenue S.W., Room 301A.

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NEW SECTION
WAC 183-03-040   Information.   Information about the commission and its operation, meetings, and actions may be obtained on the commission's web site at www.salaries.wa.gov or by contacting the commission at its general mailing address, toll free telephone number, fax, or e-mail as follows:

(1) Contact information.


P.O. Box 43120, Olympia, WA 98504-3120

866-809-8116 (toll free)

360-586-7544 (fax)


(2) E-mail requests shall be sent to the commission by accessing the commission's web site at www.salaries.wa.gov and following the contact instructions.

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OTS-2216.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 183-04-010 Purpose.
WAC 183-04-020 Definitions.
WAC 183-04-030 Description of organization, operations, and procedures.
WAC 183-04-040 Where and when public records may be obtained.
WAC 183-04-050 Public records available.
WAC 183-04-060 Public records officer.
WAC 183-04-070 Requests for public records.
WAC 183-04-080 Copying and fees.
WAC 183-04-090 Disclosure procedure.
WAC 183-04-100 Review of denials of requests for public records.
WAC 183-04-110 Records index.

OTS-2217.1

Chapter 183-05 WAC

PUBLIC RECORDS


NEW SECTION
WAC 183-05-010   Purpose.   The purpose of this chapter is to implement the public records provisions of chapter 42.56 RCW.

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NEW SECTION
WAC 183-05-020   Where and when public records may be obtained.    The public may obtain public records by contacting the commission at its general mailing address, e-mail, fax, or in person. Requests may not be made by telephone.

(1) Mail. Requests by mail shall be addressed to the commission's mailing address: The Washington Citizens' Commission on Salaries for Elected Officials, c/o Public Records Officer, P.O. Box 43120, Olympia, WA 98504-3120. The front of the envelope shall conspicuously state: "Public Records Request."

(2) E-mail. The commission will accept public disclosure requests by e-mail. E-mail requests shall be sent to the commission by accessing the commission's web site at www.salaries.wa.gov and following the contact instructions for e-mail. E-mail requests shall contain the subject line "Public Records Request."

(3) Fax. The commission will accept public disclosure requests by fax. Fax requests shall be addressed to "The Washington Citizens' Commission on Salaries for Elected Officials, c/o Public Records Officer" with the subject line "Public Records Request" and sent to 360-586-7544.

(4) In person. The public can find out the commission's hours of operation by contacting the commission as described in WAC 183-03-030. Requests may be made in person at the commission's office at the address identified in WAC 183-03-030(3).

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NEW SECTION
WAC 183-05-030   Public records available.   (1) The public may obtain public records of the commission under this chapter, in accordance with chapter 42.56 RCW, except as otherwise provided by law.

(2) Public records are available for inspection and copying by contacting the commission at its general mailing address, toll free number, fax, or e-mail as identified in WAC 183-03-030.

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NEW SECTION
WAC 183-05-040   Public records officer.   The executive director shall serve as the commission's public records officer and shall have charge of its public records. The executive director officer shall be responsible for implementing the commission's public disclosure rules and for coordinating staff and employees in this regard. The executive director may choose such designees as may be appropriate.

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NEW SECTION
WAC 183-05-050   Requests for public records.   Chapter 42.56 RCW requires the commission to prevent invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions and unreasonable disruptions of operations. Accordingly, the public may inspect, copy, or obtain copies of public records upon compliance with the following procedures:

(1) A member of the public who seeks a public record shall make a written request. No particular form of writing is required so long as the request complies with WAC 183-05-020 and contains the following additional information:

(a) The name, mailing address, and telephone number of the person requesting the record.

(b) The calendar date on which the request is made.

(c) Identification of the record requested with sufficient particularity that the commission can identify the requested record and make it available. Such identifying information might include the title, subject matter, and date of the record.

(d) A signed statement that the records will not be used for commercial purposes if a list of individuals is being requested, or for any other use prohibited by law.

(2) To facilitate processing the request, the person requesting the record may also include:

(a) Either a fax number or an e-mail address, or both.

(b) A reference to the record as it is described in the current public record index maintained by the commission.

(3) The public may make written public records requests to the commission by mail, telephone, fax, or e-mail in accordance with WAC 183-05-020. Members of the public making public records requests in person who have not reduced their request to writing shall be asked to complete a short form with the needed information. The purpose of requiring written requests is to assist the commission in tracking, managing, and responding to requests in a timely and orderly fashion.

(4) The commission shall assist persons making public records requests to appropriately identify the public records being sought. The commission may ask the requesting party to clarify what information is being sought.

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NEW SECTION
WAC 183-05-060   Copying and fees.   (1) Copying.

(a) The commission shall make copies on the commission's copy equipment when doing so will not unreasonably disrupt the operations of the commission or cause excessive interference with other essential functions or organizations with which the commission may share office space.

(b) Persons requesting public records may use their own copying equipment and paper without charge when the use of such equipment does not cause damage or disorganization to the public records, unreasonably impede the operations of the commission or cause excessive interference with other essential functions. The commission may supervise such copying at all times.

(2) Fees.

(a) The commission shall not charge a fee for locating documents, for making them available, or for inspection of public records by the public.

(b) The commission may impose a reasonable fee for providing copies of public records, for use of the commission's equipment, and for mailing costs, postage, delivery costs, and other costs directly incident to copying the records. The commission shall not charge fees that exceed the amount necessary to reimburse the commission for its actual costs.

(c) The commission shall not provide copies to requesting parties unless associated fees have been paid in full by cash, check, or money order. To ensure that copies requested and made are actually paid for, the commission may require payment prior to making the copies.

(d) The commission may agree to provide copies without fee to federal, state, local, or tribal governments, or to others, when doing so is in the best interest of the commission.

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NEW SECTION
WAC 183-05-070   Disclosure procedure.   (1) The commission shall review the requested public records prior to disclosure.

(2) If the records do not contain materials exempt from public disclosure, the commission shall disclose the records.

(3) If the records contain materials exempt from public disclosure, the commission shall deny disclosure of the exempt materials and disclose any remaining, nonexempt materials. At the time of the denial, the commission shall clearly specify in writing the reasons for the denial, including a statement of the specific exemptions or reason for denial of disclosure.

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NEW SECTION
WAC 183-05-080   Review of denials of requests for public records.   For the purpose of judicial review, final agency action is deemed to have occurred at the end of the second business day after the requesting party receives notification of a denial of inspection.

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NEW SECTION
WAC 183-05-090   Records index.   (1) Availability. The commission shall maintain and make available for public inspection and copying an index that provides identifying information for public records falling within the requirements of chapter 42.56 RCW.

(2) Form and content. The index shall be maintained in electronic form with copies available on paper. The index shall contain topic and subtopic headings.

(3) Location and availability. The index shall be available to the public under the same rules and on the same conditions as are applied to other public records.

(4) Schedule for revisions and updates. The commission will revise and update the index biennially.

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OTS-2218.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 183-06-010 Definitions.
WAC 183-06-020 Meetings.
WAC 183-06-030 Conduct of meetings and order of business.

OTS-2219.2

Chapter 183-07 WAC

MEETINGS


NEW SECTION
WAC 183-07-010   Meetings.   The commission conducts its meetings in compliance with the Open Public Meetings Act, chapter 42.30 RCW.

(1) Other than executive sessions, the commission's regular meetings, special meetings, and emergency meetings are open to the general public.

(2) Regular meetings. In conformance with the requirement of RCW 43.03.310(6) that the commission schedule at least four public hearings to take public testimony on its proposed salary schedule, the commission shall schedule such hearings by majority vote. The public hearings so scheduled shall be "regular meetings" as defined by RCW 42.30.075. The commission shall fix the time and place of these public hearings and publish a schedule in the Washington State Register, in accordance with chapter 42.30 RCW, the Open Public Meetings Act.

(3) Special meetings. The chair or a majority of commission members may call a special meeting at any time in accordance with RCW 42.30.080. In addition, the time and place of special meetings scheduled at the same time that the regular meetings described in subsection (1) of this section are scheduled will also be published in the Washington State Register.

(4) Regular meetings and special meetings may be adjourned prior to the published end time if all business has been conducted.

(5) Executive sessions. The chair or a majority of commission members may call an executive session at any time in accordance with RCW 42.30.110.

(6) The presence of at least one-half of the members of the commission shall constitute a quorum.

(7) The affirmative vote of at least nine members of the commission is required to set a schedule of salaries as defined in RCW 43.03.310(4).

(8) The commission shall maintain records of meeting proceedings as minutes; duly recorded, and maintained at the commission's office.

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NEW SECTION
WAC 183-07-020   Conduct of meetings and order of business.   (1) All commission meeting business shall be transacted by motion. Motions may be made by any commission member and shall require a second.

(2) Voting on all motions shall be by voice vote unless a record of the vote is called for in which case the executive director shall call the roll in alphabetical order and record the vote of each member present, "yea" or "nay."

(3) The chair is a voting member of the commission.

(4) The order of commission meeting business shall be conducted as prescribed by the agenda.

(5) The executive director shall prepare each meeting's agenda in consultation with the chair.

(6) The commission shall approve the minutes of the preceding meeting as the first act of each meeting.

(7) The chair or any commission member may modify a meeting's agenda by motion.

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NEW SECTION
WAC 183-07-030   Public hearing procedures.   The commission seeks to foster public comment on proposed salary schedules through its public hearing process. The commission will, whenever possible, allow any person an opportunity to present written or oral testimony at its public hearings, upon compliance with reasonable procedures. Such procedures include, but may not be limited to the following:

(1) Those wishing to present oral testimony shall sign the public testimony roster. The commission will generally call for public comments in the order appearing on the public testimony roster but reserves the right to take testimony out of order if deemed necessary or beneficial. Elected officials and expert witnesses may be scheduled first because their testimony may help answer pending questions from the public.

(2) The commission's sign-in form does not ask persons attending any commission meeting to provide personal information such as a home address, e-mail address, or telephone number. Persons providing personal information are advised that such information becomes a public record and may be subject to public inspection and copying if not protected by federal or state law.

(3) To ensure that everyone attending the hearing can hear all oral testimony and questions, speakers shall address the commission after being recognized by the presiding member of the commission.

(4) Oral testimony and questions should be addressed to the presiding member of the commission.

(5) Because the commission wants to hear from as many people as possible, the commission may place reasonable limits on the time allowed for oral testimony. Time for testimony is generally limited to five minutes per person. Answers to questions from the commission are generally limited to three minutes. These time limits may be reduced if deemed necessary by the presiding member of the commission to accommodate all speakers.

(6) Persons testifying, whether orally or in writing, shall state their name and identify whether they represent an organization. If they represent an organization, they shall identify the organization.

(7) Speakers should focus their testimony on the relationship between elected officials' salaries and the duties of their position (RCW 43.03.300 and 43.03.310(1)). Testimony should not focus on elected officials' job performance. Consideration of job performance is the responsibility of the voters, not the commission.

(8) Speakers shall briefly describe the identity and nature of any documents referenced in their comments, and indicate where the document can be reviewed or obtained.

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OTS-2220.1

Chapter 183-08 WAC

APPOINTMENTS


NEW SECTION
WAC 183-08-010   Membership.   Membership on the commission is as defined in RCW 43.03.305.

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NEW SECTION
WAC 183-08-020   Appointment.   The secretary of state and the speaker of the house of representatives and the president of the senate shall forward the names of the persons selected as described in RCW 43.03.305(3) and WAC 434-209-080 to the governor for appointment.

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NEW SECTION
WAC 183-08-030   Term of office.   The governor shall appoint the individuals selected under RCW 43.03.305 to the commission for a four-year term.

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NEW SECTION
WAC 183-08-040   Vacancy.   (1) Upon a vacancy in any position on the commission, a successor shall be selected and appointed to fill the unexpired term of the previous member in accordance with RCW 43.03.305(6) and WAC 434-209-090 if the vacancy is in a congressional district.

(2) Upon a vacancy in any position on the commission due to a commissioner having two unexcused absences as defined in RCW 43.03.305(4), the executive director will send a letter to that commissioner informing him or her of the relinquishment of his or her position on the commission. The selection and appointment to fill the vacancy shall be conducted in accordance with RCW 43.03.305(6) and WAC 434-209-090 if the vacancy is in a congressional district.

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OTS-2221.1

Chapter 183-09 WAC

OFFICERS


NEW SECTION
WAC 183-09-010   Election of chair and vice-chair.   (1) The members of the commission shall elect a chair and vice-chair from among their membership as described in RCW 43.03.310(4). Generally, the election of a chair and vice-chair will occur at the commission's fall planning meeting.

(2) There is no set term of office for the chair or the vice-chair.

(3) Upon election, the chair and vice-chair will immediately assume their duties.

(4) The chair and vice-chair may be replaced by majority vote of the commission members at any time.

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NEW SECTION
WAC 183-09-020   Duties and responsibilities of chair duties and responsibilities.   The chair is the presiding officer and shall conduct the meetings of the commission and perform other such duties as necessary.

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NEW SECTION
WAC 183-09-030   Duties and responsibilities of vice-chair.   In the absence of the chair, the vice-chair shall assume the duties of the chair.

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NEW SECTION
WAC 183-09-040   Temporary presiding officer.   In the absence of the chair and the vice-chair from a meeting, a temporary presiding officer may be designated as acting chair by a majority vote of the commission members present at the meeting.

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OTS-2222.1

Chapter 183-10 WAC

MEMBERS


NEW SECTION
WAC 183-10-010   Commission member duties and responsibilities.   Members of the commission are considered to be officers of the state and are required to follow the laws, rules, and regulations of the state of Washington. Commissioners are also required to follow the governing statutes and operating rules, policies, and procedures of the commission.

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OTS-2223.1

Chapter 183-11 WAC

EXECUTIVE DIRECTOR


NEW SECTION
WAC 183-11-010   Powers and duties.   (1) The executive director shall be responsible to the commission for the administration of the commission and its business.

(2) The executive director shall act as the chief administrative officer of the commission and is delegated authority over all matters affecting the operation of the commission.

(3) The executive director shall report to the chair.

(4) In consultation with the chair, the executive director shall appoint such employees as may be appropriate and necessary to the function of the commission and shall set the salary of such employees.

(5) The executive director may delegate authority to employees to act for him or her as needed and appropriate.

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NEW SECTION
WAC 183-11-020   Appointment.   The chair shall appoint and set the salary of the executive director.

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NEW SECTION
WAC 183-11-030   Removal.   The executive director may be discharged by majority vote of the commission.

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Washington State Code Reviser's Office