AN ACT Relating to public transit; amending RCW 36.57.050; adding a new section to chapter 36.57 RCW; and adding new sections to chapter 36.57A RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The authority shall appoint a general manager, establish the manager's salary, and determine what expenses will be allowed to the manager. The authority shall choose the general manager solely on the basis of executive and administrative qualifications with special reference to actual experience in, or knowledge of, accepted practice in respect to the duties of the office. No person serving on the authority is eligible for appointment as general manager until one year has elapsed after the expiration of the term for which the member was selected.

NEW SECTION. Sec. 2. The general manager has the following powers and duties:

(1) General supervision over the administrative affairs of the authority;

(2) Appoint and remove at any time department heads, officers, and employees of the authority, except members of the authority. However, the authority may provide for the appointment of advisory citizens' committees, and other committees advisory to the authority;

(3) Attend all meetings of the authority at which the general manager's attendance may be required by that body;

(4) See that all laws, resolutions, and ordinances are faithfully executed;

(5) Recommend for adoption by the authority such measures as may be considered necessary or expedient;

(6) Prepare and submit to the authority such reports as may be required by that body or as may be considered advisable to submit;

(7) Keep the authority fully advised of its financial condition and future needs;

(8) Prepare and submit to the authority a tentative budget for the fiscal year; and

(9) Perform such other duties as the authority may determine by ordinance or resolution.

NEW SECTION. Sec. 3. On recommendation of the general manager, the authority may create such departments, offices, and employments as may be found necessary and may determine the powers and duties of each department or office.

NEW SECTION. Sec. 4. The general manager may authorize the head of a department or office to appoint and remove subordinates in the department or office. Any officer or employee who may be appointed by the general manager, or by the head of a department or office, may be removed by the general manager or other such appointing officer at any time.

Appointments made by or under the authority of the general manager shall be on the basis of executive and administrative ability and of training and experience of the appointee in the work which is to be performed. All such appointments shall be without a definite term.

NEW SECTION. Sec. 5. Neither the authority nor any of its committees or members may direct or request the appointment of any person to or removal from an office by the general manager or any of the subordinates of the general manager. Except for the purpose of inquiry, the authority and its members shall deal with the administrative service solely through the general manager, and neither the authority nor any committee or member thereof may give orders to any subordinate of the general manager, either publicly or privately. However, nothing in this section prohibits the authority, while in open session, from fully and freely discussing with the general manager anything pertaining to appointments and removals of authority officers and employees and authority affairs.

NEW SECTION. Sec. 6. (1) The authority shall appoint the general manager for an indefinite term and may remove the manager by a majority vote of the authority.

At least thirty days before the effective date of removal, the authority shall furnish the general manager with a formal statement in the form of a resolution passed by a majority vote of the authority stating the authority's intention to remove the general manager and the reasons for removal. Upon passage of the resolution stating the authority's intention to remove the general manager, the authority by a similar vote may suspend the general manager from duty, but compensation shall continue until the removal becomes effective.

The general manager may, within thirty days after receiving a notice of removal, reply in writing to the resolution stating the authority's intention of removal. If no reply is timely filed, the termination resolution takes effect upon the thirty-first day from the date of such issuance. If a reply is timely filed with the authority, the authority shall fix a time for a public hearing upon the question of the general manager's removal, and a final resolution removing the general manager shall not be adopted until a public hearing has been held. The action of the authority in removing the general manager is final.

(2) The authority, in lieu of the process prescribed in subsection (1) of this section may enter into a contract for the services of a general manager for a specified period of time and subject to other contract conditions.

NEW SECTION. Sec. 7. The authority may designate a qualified administrative officer to carry out the duties of the general manager:

(1) Upon the termination of the services of a general manager, pending the selection and appointment of a new general manager; or

(2) During the absence, disability, or suspension of the manager.

NEW SECTION. Sec. 8. At the meeting of the authority in February each year, the members of the authority shall elect a chairman from among their number. In addition to the duties conferred upon a person as chairman, the chairman shall continue to have all the rights, privileges, and immunities of a member of the authority. If a vacancy occurs in the office of the chairman, the members of the authority at their next regular meeting shall elect a chairman from among their number for the unexpired term.

The chairman shall preside at the meetings of the authority, and be recognized as the head of the authority for all ceremonial purposes. In case of the chairman's absence, a chairman pro tempore selected by the members of the authority from among their number shall act as chairman during the continuance of the absence.

NEW SECTION. Sec. 9. The laws applicable to code cities under RCW 35A.40.200 and 35A.40.210 shall apply to the authority based upon the population residing within the boundaries of the public transportation benefit area, and the law applicable to state agencies under chapter 39.29 RCW shall apply to the authority.

Sec. 10. Section 5, chapter 167, Laws of 1974 ex. sess. and RCW 36.57.050 are each amended to read as follows:

The authority shall elect a chairman((,)) and appoint a general manager ((who shall be experienced in administration, and who shall act as executive secretary to, and administrative officer for the authority. He shall also be empowered to employ such technical and other personnel as approved by the authority. The general manager shall be paid such salary and allowed such expenses as shall be determined by the authority. The general manager shall hold office at the pleasure of the authority, and shall not be removed until after notice is given him, and an opportunity for a hearing before the authority as to the reason for his removal)). The chairman and general manager shall be elected and appointed in the same manner, have the same powers and duties, and are subject to the same procedures as provided in sections 1 through 9 of this act. Sections 1 through 9 of this act apply to the authority under this chapter as if fully set forth in this chapter.

NEW SECTION. Sec. 11. A new section is added to chapter 36.57 RCW to read as follows:

The laws applicable to code cities under RCW 35A.40.200 and 35A.40.210 apply to the authority based upon the population residing within the boundaries of the county transportation authority, and the law applicable to state agencies under chapter 39.29 RCW applies to the authority.

NEW SECTION. Sec. 12. Sections 1 through 9 of this act are each added to chapter 36.57A RCW.