REDISTRICTING COMMISSION

[Filed April 15, 2021, 1:51 p.m.]

Title of Rule and Other Identifying Information: Chapter 417-01 WAC, Administrative procedures.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The redistricting commission has reestablished itself since the last redistricting exercise in 2011-12 and its administrative procedures need to be updated. The proposal: (1) Updates the commission's office location and telephone/fax number to remain in effect for 2021-2022; (2) eliminates the need for a commission vote and chair authorization for the payment of necessary expenses of witnesses invited by the commission to testify; and (3) gives the executive director, rather than the chair, the authority to execute contracts and leases and approve expenditures and reimbursements up to $30,000 without the need for prior approval of the commission. The first change will alert the public to the commission's new contact information, while the second and third changes will increase operational efficiencies.

Reasons Supporting Proposal: It is imperative to update the office location and contact information in order for the 2021-22 commission to be accessible to the public. Due to the part-time roles of the chair and the other commissioners, it is in the best interest of the commission to enable the executive director to manage the day-to-day operations of the commission and authorize expenditures up to a certain limit without the need to convoke a special decision-making meeting of the commission. By a majority vote of the commission on April 12, 2021, it was decided to allow the executive director to authorize, without commission approval, expenditures not to exceed $30,000.

Statutory Authority for Adoption: RCW 44.05.080.

Statute Being Implemented: Article II, section 43 of the state Constitution; and chapter 44.05 RCW.

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

Name of Proponent: Washington state redistricting commission, governmental.

Name of Agency Personnel Responsible for Drafting: Maria Garza, 1007 Washington Street S.E., Olympia, WA, 360-524-4390; Implementation: Lisa McLean, 1007 Washington Street S.E., Olympia, WA, 360-522-0373; and Enforcement: Sarah Augustine, 1007 Washington Street S.E., Olympia, WA, 360-524-4390.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This rule revision was discussed and approved by the redistricting commission at a special meeting held on April 12, 2021.

This notice meets the following criteria to use the expedited adoption process for these rules:

Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

Have been the subject of negotiated rule making, pilot rule making, or some other process that involved substantial participation by interested parties before the development of the proposed rule.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The proposed rules correct address and contact information changes, and the commissioners of the redistricting commission deliberated on the spending authorities of the executive director and the commission and voted on the changed authorizations at a meeting of the commission on April 12, 2021.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Lisa McLean, Washington State Redistricting Commission, P.O. Box 40948, Olympia, WA 98504-0948, phone 360-524-4390, fax 360-524-4390, email Lisa.McLean@redistricting.wa.gov, AND RECEIVED BY June 21, 2021.

AMENDATORY SECTION(Amending WSR 11-15-010, filed 7/7/11, effective 8/7/11)

WAC 417-01-125Offices.

(1) The commission office is located at ((1063 Capitol Way South, Suite 16,))1007 Washington Street S.E., Olympia, Washington. The mailing address is: Washington State Redistricting Commission, P.O. Box 40948, Olympia, WA((,)) 98504-0948. Telephone and facsimile number: ((360-786-0770. Facsimile number: 360-586-0433))360-524-4390. Internet address: www.redistricting.wa.gov. Electronic mail address: contact@redistricting.wa.gov. Office hours for the commission shall be from 8 a.m. to 5 p.m. on all normal business days. Office hours for inspection and copying of public records shall be as provided in chapter two hereof.

(2) The commission address and contact information shall remain in effect for the duration of the ((2011-2012))2021-2022 commission. Inquiries after that date shall be directed to the secretary of state.

AMENDATORY SECTION(Amending WSR 91-20-006, filed 9/19/91, effective 10/20/91)

WAC 417-01-140Professional advisors.

The commission may, by majority vote, appoint attorneys, advisors and others to assist it in the conduct of its duties, and they shall have such duties and receive such compensation and reimbursement as the commission may from time to time, by majority vote, determine. ((The chair, upon approval by a majority of the commission's voting members, shall authorize the payment of necessary expenses of a witness incurred in testifying at the invitation of the commission.))

AMENDATORY SECTION(Amending WSR 11-15-010, filed 7/7/11, effective 8/7/11)

WAC 417-01-155Conduct of commission business.

(1) Three voting members of the commission shall constitute a quorum for the conduct of business.

(2) The votes of any three of the commissioners shall be required for any official action of the commission: Provided, That the ((chair))executive director shall have the authority on behalf of the commission to execute contracts and leases, and approve expenditures and reimbursements, related to the business of the commission. The ((chair))executive director may, without the prior approval of the commission, authorize expenditures ((for equipment and supplies)) not to exceed (($15,000))$30,000. Expenditures made pursuant to this section shall be reported as a separate item on the agenda at the next commission meeting.

(3) The chair shall not have a vote at any meeting of the commission.

(4) Commission meetings shall be conducted in accordance with the Open Public Meetings Act (chapter 42.30 RCW).

(5) The commission shall not adopt any redistricting plan, or partial redistricting plan, except at a public meeting, notice of which has been given in accordance with these rules.

(6) The commission shall not take any action by secret ballot.

(7) Motions shall not require a second in order to be placed before the commission for a vote.

(8) All public meetings of the commission shall be electronically recorded. The minutes and tapes thereof shall be available to the public in accordance with the rules regarding access to public records held by the commission. At all meetings of the commission where public testimony regarding redistricting boundaries is a scheduled agenda item, the commission shall provide for the presence of a court reporter to record such testimony. A typewritten transcript of such testimony shall be prepared as soon as possible after such hearings and shall be made available to the public in accordance with the rules regarding access to public records held by the commission. The transcript of a court reporter prepared pursuant to this section shall become part of the official records of the commission.

(9) Except as provided in this section, the chair shall preside at all meetings. In the event of the chair's absence the commission shall select from among the voting members a temporary chair to preside in the chair's absence. The position of temporary chair shall alternate between a member of the two parties represented on the commission.