5050-S AAS 3/16/93
SSB 5050 - S Amd - 000046
BySenator West
ADOPTED 3/16/93
On page 20, line 10, after "planning." insert the following:
"NEW SECTION. Sec. 31. A new section is added to chapter 36.100 RCW to read as follows:
The board of directors of the district shall adopt a resolution to establish methods and amounts of reimbursement payable to such district officials and employees for travel and other business expenses incurred on behalf of the district. The resolution shall, among other things, establish procedures for approving such expenses; the form of the travel and expense voucher; and requirements governing the use of credit cards issued in the name of the district. Such resolution may also establish procedures for payment of per diem to board members. The state auditor shall, as provided by general law, cooperate with the district in establishing adequate procedures for regulating and auditing the reimbursement of all such expenses.
NEW SECTION. Sec. 32. A new section is added to chapter 36.100 RCW to read as follows:
The board of directors may authorize payment of actual and necessary expenses of officers and employees for lodging, meals, and travel-related costs incurred when attending meetings or conferences on behalf of the district and strictly in the public interest and for public purposes. Officers and employees may be advanced sufficient sums to cover their anticipated expenses in accordance with rules and regulations promulgated by the state auditor and which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210.
NEW SECTION. Sec. 33. A new section is added to chapter 36.100 RCW to read as follows:
Each member of the board of directors of the district may receive compensation of sixty-six dollars per day for attending meetings or conferences on behalf of the district, not to exceed three thousand dollars per year, if the district board of directors has authorized by board resolution, at a regularly scheduled meeting, the provision of such compensation. Any director may waive all or any portion of his or her compensation under this section as to any month or months during his or her term of office, by a written waiver filed with the district. The compensation provided in this section shall be in addition to any reimbursement for expenses paid to such directors by the district.
NEW SECTION. Sec. 34. A new section is added to chapter 36.100 RCW to read as follows:
The board of directors of the district may purchase liability insurance with such limits as they may deem reasonable for the purpose of protecting and holding personally harmless district officers and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.
NEW SECTION. Sec. 35. A new section is added to chapter 36.100 RCW to read as follows:
Whenever any action, claim or proceeding is instituted against any person who is or was an officer or employee of the district arising out of the performance of duties for or employment with the district, the district may grant a request by such person that the attorney of the district's choosing be authorized to defend said claim, suit or proceeding, and the costs of defense, attorney's fees, and any obligation for payments arising from such action may be paid from the district's funds: PROVIDED, That costs of defense and/or judgment or settlement against such person shall not be paid in any case where the court has found that such person was not acting in good faith or within the scope of employment with or duties for the district.
NEW SECTION. Sec. 36. A new section is added to chapter 36.100 RCW to read as follows:
The district shall have authority to create and fill positions, to fix wages, salaries and bonds therefor, to pay costs involved in securing or arranging to secure employees, and to establish such benefits for employees, including holiday pay, vacations or vacation pay, retirement benefits, medical, life, accident, or health disability insurance, as approved by the board. District board members, at their own expense, shall be entitled to medical, life, accident or health disability insurance: PROVIDED, That said insurance for employees and board members shall not be considered compensation. District coverage for the board is not to exceed that provided district employees.
Renumber the remaining sections accordingly.
SSB 5050 - S Amd - 000047
BySenator West
ADOPTED 3/16/93
On page 1, line 13 of the title, after "35.63 RCW;" strike "and" and after "36.17 RCW" insert "; and adding new sections to chapter 36.100 RCW"
SSB 5050 - S AMD - 000019
By Senator Pelz
ADOPTED 3/16/93
On page 20, after line 36, insert the following:
"Sec. 32. RCW 43.52.374 and 1983 1st ex.s. c 3 s 3 are each amended to read as follows:
(1) With the exception of the powers and duties of the board of directors described in RCW 43.52.370(2), the management and control of an operating agency constructing, operating, terminating, or decommissioning a nuclear power plant under a site certification agreement under chapter 80.50 RCW is vested in an executive board established under this subsection and consisting of eleven members.
(a) Five members of the
executive board shall be elected to four-year terms by the board of directors
from among the members of the board of directors. The board of directors may
provide by rule for the composition of the five members of the executive board
elected from among the members of the board of directors so as to reflect the
member public utility districts' and cities' participation in the joint
operating agency's projects. Members elected to the executive board from the
board of directors are ineligible for continued membership on the executive
board if they cease to be members of the board of directors. The board of
directors may also provide by rule for the removal of a member of the executive
board, except for the outside directors. Members of the board of directors may
be elected to serve successive terms on the executive board. Members elected
to the executive board from the board of directors shall receive a salary of
one thousand eighty-five dollars per month from the operating agency ((at
a rate set by the board of directors)). Members of the executive board
are entitled to reimbursement for reasonable expenses actually incurred in
connection with official business, including subsistence and lodging while away
from each member's place of residence, and mileage for use of a privately owned
vehicle, in accordance with chapter 42.24 RCW. Due to the additional
responsibilities of the chairperson of the executive board, the chairperson shall
be entitled to twice the salary and compensation available to other board
members.
(b) Six members of the executive board shall be outside directors. Three shall be selected and appointed by the board of directors, and three shall be selected and appointed by the governor and confirmed by the senate. All outside directors shall:
(i) Serve four-year terms on the executive board. However, of the initial members of the executive board, the board of directors and the governor shall each appoint one outside director to serve a two-year term, one outside director to serve a three-year term, and one outside director to serve a four-year term. Thereafter, all outside directors shall be appointed for four-year terms. All outside directors are eligible for reappointment;
(ii) Receive travel
expenses on the same basis as the five members elected from the board of
directors. The outside directors shall also receive a salary from the
operating agency ((as fixed by the governor)) of one thousand
eighty-five dollars per month;
(iii) Not be an officer or employee of, or in any way affiliated with, the Bonneville power administration or any electric utility conducting business in the states of Washington, Oregon, Idaho, or Montana;
(iv) Not be involved in the financial affairs of the operating agency as an underwriter or financial adviser of the operating agency or any of its members or any of the participants in any of the operating agency's plants; and
(v) Be representative of policy makers in business, finance, or science, or have expertise in the construction or management of such facilities as the operating agency is constructing or operating, or have expertise in the termination, disposition, or liquidation of corporate assets.
(c) The governor may remove outside directors from the executive board for incompetency, misconduct, or malfeasance in office in the same manner as state appointive officers under chapter 43.06 RCW. For purposes of this subsection, misconduct shall include, but not be limited to, nonfeasance and misfeasance.
(2) In addition to salary, the board of directors of the operating agency may provide by resolution for the payment of per diem compensation to each member of the executive board at a rate of sixty-six dollars for each day or major part thereof devoted to the business of the operating agency and days upon which he or she attends meetings on behalf of the operating agency, but such compensation paid during any one year to a member of the executive board shall not exceed nine thousand nine hundred dollars.
(3) Nothing in this chapter shall be construed to mean that an operating agency is in any manner an agency of the state. Nothing in this chapter alters or destroys the status of an operating agency as a separate municipal corporation or makes the state liable in any way or to any extent for any preexisting or future debt of the operating agency or any present or future claim against the agency.
(((3))) (4)
The eleven members of the executive board shall be selected with the objective
of establishing an executive board which has the resources to effectively carry
out its responsibilities. All members of the executive board shall conduct
their business in a manner which in their judgment is in the interest of all
ratepayers affected by the joint operating agency and its projects.
(((4))) (5)
The executive board shall elect from its members a chairman, vice chairman, and
secretary, who shall serve at the pleasure of the executive board. The
executive board shall adopt rules for the conduct of its meetings and the
carrying out of its business. All proceedings shall be by motion or resolution
and shall be recorded in the minute book, which shall be a public record. A
majority of the executive board shall constitute a quorum for the transaction
of business.
(((5))) (6)
With respect to any operating agency existing on April 20, 1982, to which the
provisions of this section are applicable:
(a) The board of directors shall elect five members to the executive board no later than sixty days after April 20, 1982; and
(b) The board of directors and the governor shall select and appoint the initial outside directors and the executive board shall hold its organizational meeting no later than sixty days after April 20, 1982, and the powers and duties prescribed in this chapter shall devolve upon the executive board at that time.
(((6))) (7)
The executive board shall select and employ a managing director of the
operating agency and may delegate to the managing director such authority for
the management and control of the operating agency as the executive board deems
appropriate. The managing director's employment is terminable at the will of
the executive board.
(((7))) (8)
Members of the executive board shall be immune from civil liability for
mistakes and errors of judgment in the good faith performance of acts within
the scope of their official duties involving the exercise of judgment and
discretion. This grant of immunity shall not be construed as modifying the
liability of the operating agency.
The operating agency shall undertake the defense of and indemnify each executive board member made a party to any civil proceeding including any threatened, pending, or completed action, suit, or proceeding, whether civil, administrative, or investigative, by reason of the fact he or she is or was a member of the executive board, against judgments, penalties, fines, settlements, and reasonable expenses, actually incurred by him or her in connection with such proceeding if he or she had conducted himself or herself in good faith and reasonably believed his or her conduct to be in the best interest of the operating agency.
In addition members of the executive board who are utility employees shall not be fired, forced to resign, or demoted from their utility jobs for decisions they make while carrying out their duties as members of the executive board involving the exercise of judgment and discretion."
Renumber the remaining sections consecutively and correct any internal references accordingly.
SSB 5050 - S AMD
By Senator Pelz
ADOPTED 3/16/93
On page 1, line 5 of the title, after "41.04.180," insert "43.52.374,"
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