WSR 15-09-099

PROPOSED RULES

PUBLIC DISCLOSURE COMMISSION

[Filed April 20, 2015, 11:48 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 15-06-066.

Title of Rule and Other Identifying Information: WAC 390-37-020 Enforcement procedures—Initiation of a complaint and 390-37-040 Enforcement procedures—Procedures for filing complaints with the commission.

Hearing Location(s): 711 Capitol Way, Room 206, Olympia, WA, on May 28, 2015, at 9:30 a.m.

Date of Intended Adoption: May 28, 2015.

Submit Written Comments to: Lori Anderson, mail P.O. Box 40908, Olympia, WA 98504-0908, physical 711 Capitol Way, Room 206, Olympia, WA, e-mail lori.anderson@pdc.wa.gov, fax (360) 753-1112, by May 26, 2015.

Assistance for Persons with Disabilities: Contact Jana Greer by phone (360) 586-0544.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 390-37-040 currently requires a complaint filed with the commission to be signed by the complainant/member of the public under oath, if the complaint relates to an elected official or a candidate for elective office. The proposed amendments would (1) require that all complaints, regardless of the subject, filed with the commission be signed by the complainant/member of the public under oath and (2) clarify what information should be included with the complaint. These amendments attempt to (1) improve the efficiency of the complaint process by establishing more standardized procedures for filing complaints and (2) encourage more complete complaints.

Reasons Supporting Proposal: The commission believes these amendments will ultimately reduce the time needed to process complaints and make the preliminary analysis more efficient.

Statutory Authority for Adoption: RCW 42.17A.110(1).

Statute Being Implemented: RCW 42.17A.345.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: No increased costs to the agency are expected.

Name of Proponent: Public disclosure commission (PDC), governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA, (360) 664-2737; and Enforcement: Philip Stutzman, 711 Capitol Way, Room 206, Olympia, WA, (360) 664-8853.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of these rule amendments has minimal impact on small businesses. The PDC is not subject to the requirement to prepare a school district fiscal impact statement, per RCW 28A.305.135 and 34.05.320.

A cost-benefit analysis is not required under RCW 34.05.328. The PDC is not an agency listed in subsection (5)(a)(i) of RCW 34.05.328. Further, the PDC does not voluntarily make that section applicable to the adoption of these rules pursuant to subsection (5)(a)(ii) and to date, the joint administrative rules review committee has not made the section applicable to the adoption of these rules.

April 20, 2015

Lori Anderson

Communications and

Training Officer

AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)

WAC 390-37-020 Enforcement procedures—((Initiation of complaint)) Alleging a violation.

(((1) A complaint alleging a)) Alleged violations of chapter 42.17A RCW may be brought to the attention of the commission staff by:

(((a))) (1) A member of the public;

(((b))) (2) The commission staff;

(((c))) (3) A commission member, who shall then be disqualified from participating in the decision of an enforcement ((hearing)) matter that may arise from ((the)) a complaint regarding the alleged violation(s);

(((d))) (4) Referral from the office of the attorney general or any other law enforcement agency; or

(((e))) (5) A state agency, local agency or member of a state or local agency.

(((2) The person or entity against whom a complaint is filed shall be known as the respondent.))

AMENDATORY SECTION (Amending WSR 12-03-002, filed 1/4/12, effective 2/4/12)

WAC 390-37-040 Enforcement procedures—Procedures for filing complaints with the commission.

(1) A complaint filed with the commission((, relating to an elected official or a candidate for elective office, shall)) must be in writing ((and signed by the complainant under oath)). Complainants are encouraged to use the complaint form provided by the commission on its web site.

(2) ((A complaint filed with the commission, other than a complaint specified in subsection (1) of this section, shall be made in writing.

(3))) A complaint ((filed under the provisions of either subsection (1) or (2) of this section shall)) must include:

(a) A statement of the nature of the alleged violation or violations, date, time and place of each occurrence and name of person or persons responsible;

(b) All available documentation and other evidence which the complainant is able to supply ((to demonstrate a reason for believing that a violation of the sections of chapter 42.17A RCW that are enforced by the commission has occurred; and)) that supports the allegations made in the complaint. Information about where documents or evidence can be obtained should be included for any items that cannot be supplied with the complaint;

(c) The names and telephone numbers, e-mail addresses, and U.S. mail address, if known, of any witnesses or other persons who have knowledge of facts that support the complaint;

(d) The complainant's name, e-mail address, U.S. mail address, and telephone number((, and other contact information for the complainant.)); and

(e) The signature of the complainant certifying under penalty of perjury under the laws of the state of Washington that the information provided with the complaint is true and correct to the best of his or her knowledge and belief.

(3) The person or entity against whom a complaint is filed is known as the respondent.