WSR 02-06-127



[ Filed March 6, 2002, 11:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-02 (1/16/02) [WSR 02-02-079, on 12/31/01].

Title of Rule: Meetings of the board of trustees -- Delegation of board responsibility, chapter 132G-104 WAC.

Purpose: To revise two rules, WAC 132G-104-010 (last revised June 6, 1979) and WAC 132G-104-020 (last revised January 1, 1973), and to repeal WAC 132G-104-030, which will be reenacted in accordance with RCW 28B.10.528 by resolution of the college's board of trustees.

Statutory Authority for Adoption: RCW 28B.50.140(13).

Statute Being Implemented: RCW 42.30.070.

Summary: These rules have not been updated since June 6, 1979 (WAC 132G-104-010); January 1, 1973 (WAC 132G-104-020) and January 1, 1973 (WAC 132G-104-030), respectively. The board has initiated a change to their meeting day, date and time (WAC 132G-104-010); has grammatical changes to WAC 132G-104-020; and wishes to repeal WAC 132G-104-030 Delegation to college president, in order to revise and update this section as an internal college policy only. The college board of trustees wishes to delegate its authority to the president of the college by resolution in accordance with RCW 28B.10.528, rather than by administrative rule.

Reasons Supporting Proposal: The board of trustees wish to change their meeting date and time to be more accessible to faculty and staff at Shoreline Community College. The statute states that board meeting day, date and time must be included in the WAC. The board, further, wishes to retain the delegation of authority as an internal policy, where it is more accessible.

Name of Agency Personnel Responsible for Drafting: Michele Foley, Secretary to Board, 16101 Greenwood Avenue North, Shoreline Community College, Seattle, (206) 546-4552; Implementation and Enforcement: Board of Trustees, 16101 Greenwood Avenue North, Shoreline Community College, Seattle, (206) 546-4552.

Name of Proponent: Shoreline Community College, board of trustees.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rules change the college board of trustee meeting times and dates, correct grammar, and repeal the board's codified delegation of authority to the college president. The change in meeting times will make the college board meetings more accessible to the college community. The board is considering what changes it will make, if any, to its delegation of authority to the college president.

Proposal Changes the Following Existing Rules: The proposed rules change the board meeting dates and times and rescinds the board's delegation of authority to the college president.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule changes do not impact small business.

RCW 34.05.328 does not apply to this rule adoption. The proposed rule changes are not subject to RCW 34.05.328.

Hearing Location: Central Conference Room, Building 1000, Shoreline Community College, 16101 Greenwood Avenue North, Seattle, WA 98133, on April 9, 2002, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Paulette Fleming by April 2, 2002, TDD (206) 546-4520, or (206) 546-4694.

Submit Written Comments to: Michele Foley, Secretary to the Board of Trustees, fax (206) 546-7857, by April 9, 2002.

Date of Intended Adoption: April 24, 2002.

March 5, 2002

Holly L. Moore



AMENDATORY SECTION(Amending Order 12-10:79, filed 6/6/79)

WAC 132G-104-010   Time and place of board meetings.   The board of trustees shall hold one regular meeting on the ((third Friday)) fourth Wednesday of each month at ((8:00 a.m.)) 4:00 p.m. and such special meetings as may be requested by the ((chairman)) chair of the board or by a majority of the members of the board and announced in accordance with law.

All regular and special meetings of the board of trustees shall be held at 16101 Greenwood Avenue North, ((Seattle)) Shoreline, unless scheduled elsewhere, and shall be open to the general public, except for lawful executive sessions.

No official business shall be conducted by the board of trustees except during a regular or special meeting.

[Statutory Authority: RCW 28B.50.130 and 28B.50.140. 79-06-106 (Order 12-10:79), 132G-104-010, filed 6/6/79; Order 2-10:74, 132G-104-010, filed 4/26/74; Order 1-35:72, 132G-104-010, filed 11/29/72, effective 1/1/73.]

AMENDATORY SECTION(Amending Order 9-26:76, filed 6/30/76)

WAC 132G-104-020   Request for items to be placed on board agenda.   Anyone, other than a board member or a representative of the president's office wishing an item placed on the agenda of a board meeting, must have a written request in the office of the board secretary no later than twelve o'clock noon five business days before the next scheduled meeting of the board. The secretary will relate the request to the college president and the ((chairman)) chair of the board as soon as feasible. The ((chairman)) chair will determine whether the item is to be placed on the agenda. The ((chairman)) chair or his/her designee will notify the individual initiating the request as to whether or not the item will be placed on the agenda.

[Order 9-26:76, 132G-104-020, filed 6/30/76; Order 1-35:72, 132G-104-020, filed 11/29/72, effective 1/1/73.]


     The following section of the Washington Administrative Code is repealed:
WAC 132G-104-030 Delegation to college president.

Washington State Code Reviser's Office