Effective Date of Rule: Thirty-one days after filing.
Purpose: Amend WAC 390-12-170 to eliminate the office of secretary from the public disclosure commission's (PDC) organizational structure.
Amend WAC 390-24-160 to (1) change the date by which the PDC annually receives names of professional staff from the governor, senate, and house of representatives for the purpose of enforcing RCW 42.17A.700 and (2) describe the procedures the commission will follow to make the information available to the public.
Citation of Existing Rules Affected by this Order: Amending WAC 390-12-170 and 390-24-160.
Statutory Authority for Adoption: RCW 42.17A.110.
Adopted under notice filed as WSR 13-07-011 on March 8, 2013.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: April 25, 2013.
AMENDATORY SECTION(Amending WSR 93-19-034, filed 9/7/93, effective 10/8/93)
WAC 390-12-170 Public disclosure commission -- Organization and structure -- Officers -- Terms. The officers of the public disclosure commission for administrative purposes shall be chair((
,)) and vice-chair
(( and secretary)). Their terms shall be one year or until a
successor is elected.
[Statutory Authority: RCW 42.17.370. 93-19-034, § 390-12-170, filed 9/7/93, effective 10/8/93. Statutory Authority: RCW 42.17.370(1). 85-15-020 (Order 85-03), § 390-12-170, filed 7/9/85; Order 62, § 390-12-170, filed 8/26/75; Order 14, § 390-12-170, filed 7/31/73.]
AMENDATORY SECTION(Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)
WAC 390-24-160 Definition -- Professional staff member. (1) A professional staff member of the office of the governor and of the legislature includes all individuals retained on a full or part-time basis whose primary responsibilities require the exercise of judgment and discretion in policy related matters, including, but not limited to, such individuals who are involved in the development of legislation. A professional staff member does not include individuals retained primarily for clerical, ministerial, or internal accounting and bookkeeping purposes.
To insure that the provisions of Referendum 36 and
this rule are properly and fairly administered and to provide
guidance to affected individuals, the commission, through its
chair and executive director, shall confer annually in
December with the governor, the secretary of the senate and
the clerk of the house regarding the specific professional
staff members believed to fall within the criteria set forth
in subsection (1) of this section. The executive director
shall submit a report of those conferences to the commission
at its December meeting for approval, disapproval or
modification, or other determination. Each determination
shall be based on an annual review of the positions and
personnel to be retained by the affected governmental bodies
during the ensuing year and shall constitute the commission's
administrative interpretation of the term "professional staff
member" in RCW 42.17A.705 (2) and (3) and its application to
such positions and personnel.)) The commission needs a
complete and accurate list of professional staff members of
the governor, the senate, and the house of representatives, in
order to properly and fairly administer the personal financial
affairs disclosure requirements applicable to executive state
officers as defined in RCW 42.17A.705. Each December, the
executive director shall ask the governor, the secretary of
the senate, and the clerk of the house to provide the
commission by January 15th, the names and positions of the
professional staff members meeting the criteria set forth in
subsection (1) of this section, who are expected to be
retained during the ensuing year, and to provide periodic
updates throughout the year as necessary to reflect changes in
professional staff. The executive director will present to
the commission the lists of professional staff members
received from the governor, senate, and house of
representatives and post the lists on the commission's web
[Statutory Authority: RCW 42.17A.110. 12-03-002, § 390-24-160, filed 1/4/12, effective 2/4/12. Statutory Authority: RCW 42.17.390. 94-05-010, § 390-24-160, filed 2/3/94, effective 3/6/94. Statutory Authority: RCW 42.17.370(1). 86-08-030 (Order 86-02), § 390-24-160, filed 3/26/86; Order 88, § 390-24-160, filed 12/29/76.]