REDISTRICTING COMMISSION

[Filed March 10, 2022, 1:18 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 proposed changes address the terms of the consent decree accepted by the Thurston County Superior Court in the case of Washington Coalition for Open Government v. the Washington State Redistricting Commission. It will require all future commissioners and staff to complete open government training within 30 days of hiring or appointment; and it establishes amended procedures for consideration and adoption of the final redistricting plan that will protect against future violations of chapter 42.30 RCW, the Open Public Meetings Act.

Reasons Supporting Proposal: The Superior Court and the parties to the case agree that these changes are important additions to the WAC that provide more detail about the minimum standards for a final redistricting plan and the process by which it is to be considered and adopted in a public forum. The changes also establish an early deadline for gaining, or refreshing, each members' and staffpersons' knowledge of the provisions of the Open Public Meetings Act.

Statutory Authority for Adoption: RCW 44.05.080.

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

Rule is necessary because of 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, 360-701-4113; Implementation and Enforcement: Lisa McLean, 1007 Washington Street S.E., Olympia, WA, 360-522-0373.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This rule revision was discussed and approved by a unanimous vote of the voting commissioners of the redistricting commission at a special meeting held on March 7, 2022.

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

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 terms of the court-accepted consent decree required adoption of amended rules effectuating the requirements of Thurston County Superior Court's judgment by July 1, 2022.

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 360-999-5209, fax 360-524-4390, email Lisa.McLean@redistricting.wa.gov, AND RECEIVED BY May 23, 2022.

WAC 417-01-137Required training.

All commission staff and members shall complete open government training sufficient to comply with the training requirements of RCW 42.30.205 within 30 days of hiring or appointment.

AMENDATORY SECTION(Amending WSR 21-13-142, filed 6/22/21, effective 7/23/21)

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 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 executive director may, without the prior approval of the commission, authorize expenditures not to exceed $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.

(10) The commission may not convene a public meeting and then recess to enable members to deliberate among themselves, except for those matters permitted under RCW 42.30.110 for executive session.

(11) The commission may not vote on the adoption of a final redistricting plan in private. The commission may not negotiate an agreed-upon framework for a final redistricting plan in private.

(12) Before the commission considers any motion to approve a final redistricting plan, the commission shall make publicly available the plan that is the subject of the motion, including of the congressional and legislative district maps that depict the boundaries contemplated by the motion.

(13) Any final redistricting plan approved in conformance with Article II, section 43(6) of the state Constitution shall include, at the time of any vote to approve the plan, completed final maps showing the division of the state into congressional or legislative districts and complete descriptions of each district using official census units such as tracts and blocks.

(14) The commission shall open for comment by members any motion to approve a final redistricting plan prior to voting on the motion.