WSR 02-11-118

PROPOSED RULES

COUNTY ROAD

ADMINISTRATION BOARD

[ Filed May 21, 2002, 11:12 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: Title 136 WAC.

Purpose: Creates chapter 136-50 WAC, Standards of good practice -- Statutory relationship between county engineer and county legislative authority -- Adoption of written policies. Creates a new standard of good practice to identify the statutory relationship between the county engineer and county legislative authority.

Statutory Authority for Adoption: Chapter 36.79 RCW.

Name of Agency Personnel Responsible for Drafting: Chris Mudgett, 2404 Chandler Court S.W., Suite 240, 753-5989; Implementation: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, 753-5989; and Enforcement: Jay Weber, 2404 Chandler Court S.W., Suite 240, 753-5989.

Name of Proponent: County Road Administration Board, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Creates chapter 136-50 WAC, Standards of good practice -- Statutory relationship between county engineer and county legislative authority -- Adoption of written policies. Creates a new standard of good practice to identify the statutory relationship between the county engineer and county legislative authority.

Proposal Changes the Following Existing Rules: Creates chapter 136-50 WAC, Standards of good practice -- Statutory relationship between county engineer and county legislative authority -- Adoption of written policies. Creates a new standard of good practice to identify the statutory relationship between the county engineer and county legislative authority.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: County Road Administration Board, 2404 Chandler Court S.W., Suite 280, Olympia, WA 98504-0913, on July 11, 2002, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Karen Pendleton by July 5, 2002, TDD (800) 833-6384, or (360) 753-5989.

Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, fax (360) 586-0386, by July 5, 2002.

Date of Intended Adoption: July 11, 2002.

May 9, 2002

Jay P. Weber

Executive Director

OTS-5691.1

Chapter 136-50 WAC

STANDARDS OF GOOD PRACTICE -- STATUTORY RELATIONSHIP BETWEEN COUNTY ENGINEER AND COUNTY LEGISLATIVE AUTHORITY -- ADOPTION OF WRITTEN POLICIES


NEW SECTION
WAC 136-50-010   Purpose and authority.   The powers and duties of the county legislative authority in relation to roads and bridges, and the qualifications and duties of the county engineer are detailed in Title 36 RCW. The purpose of these laws is to designate the county engineer as the chief administrative officer of the county road department. This chapter reiterates the formal relationship between the legislative authority and its county engineer and requires that certain written policies be adopted to insure the efficient and productive operation of the road department.

In this chapter and throughout Title 136 WAC, the term "county engineer" shall mean both "county road engineer" and "county engineer," as those terms are used in Title 36 RCW.

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NEW SECTION
WAC 136-50-020   Duties of county legislative authority.   Certain specific powers and duties are set forth in RCW 36.75.040, 36.75.050, 36.80.010, 36.81.121 and 36.81.130. In addition to these specific statutory duties, the county legislative authority shall have the duty to develop written policies regarding county road department operation for the information and guidance of the county engineer.

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NEW SECTION
WAC 136-50-030   Duties of the county engineer.   The various duties and responsibilities of the county engineer are set forth in chapter 36.80 RCW. In addition to these specifically defined duties, the county engineer shall be guided by written policies regarding county road department operation as promulgated by the county legislative authority.

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NEW SECTION
WAC 136-50-035   Charter counties.   In counties that have adopted a home rule charter, as provided for in Article 11 subsection 4 of the state Constitution, the duties and responsibilities of the county engineer set forth in chapter 36.80 RCW may be modified by the county legislative authority as allowed by existing constitutional law, statutory law, and the county's charter.

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NEW SECTION
WAC 136-50-050   Written policy.   In order to implement the requirements of this chapter, the county legislative authority shall develop and by resolution adopt written policy covering any matters relating to road department operation as they may see fit. WAC 136-50-051 through 136-50-055 list the issues that must be covered by such policies.

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NEW SECTION
WAC 136-50-051   Policy regarding organization.   It shall be the duty of the county engineer to organize the road department in accordance with the policies of the county legislative authority, into such departments, divisions, districts, or units as may be necessary to meet statutory requirements and to perform such additional services as may be directed by policy of the legislative authority.

The county legislative authority shall adopt a written policy, including a chart or pictorial representation, designating the interrelationships of all positions in the road department from the county legislative authority through all employees. The chart shall clearly show the complete chain of command throughout the entire organization. Copies of such chart shall be prominently posted in the office of the county engineer and in all road department shops in such a manner that it will be readily available to all road department employees and the general public.

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NEW SECTION
WAC 136-50-052   Policy regarding personnel practices.   The county legislative authority shall adopt a written policy outlining all road department personnel practices. The policy shall address recruitment, appointment, promotion, dismissal, hours of work, overtime, annual leave, sick leave, military leave, holidays, classification, union relationship where applicable, and general work rules, and may also include other topics as desired by the legislative authority. Copies of such policy shall be prominently posted in the office of the county engineer and in all road department shops in such a manner that it will be readily available to all road department employees and prospective employees.

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NEW SECTION
WAC 136-50-053   Policy regarding handling of complaints.   The county legislative authority shall adopt a written policy establishing the method by which complaints from the general public and others related to any road department activity will be handled. The purpose is to assure that each county will have an orderly procedure to insure that citizen complaints receive prompt attention.

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NEW SECTION
WAC 136-50-054   Policy regarding approval of work for other public agencies and county departments.   The county legislative authority shall adopt a written policy regarding approval of work for other public agencies and county departments. The policy shall include, but is not limited to, the following:

(1) Statement of intent indicating whether or not the legislative authority will accept requests for work for other public agencies or other county departments.

(2) Statement indicating procedures to be followed in processing such requests in accordance with applicable statutes.

(3) Statement indicating any delegation of authority in processing such requests.

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NEW SECTION
WAC 136-50-055   Policy regarding accommodation of utilities on county road rights of way.   The county legislative authority shall adopt a written policy outlining the county's administrative, procedural, and technical requirements regarding the installation, replacement, adjustment, relocation, and maintenance of all utilities in, on, or above the county road right of way.

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NEW SECTION
WAC 136-50-070   Submittal of policies to the county road administration board.   Each county legislative authority shall submit to the office of the county road administration board one copy of each policy required in WAC 136-50-051 through 136-50-055, and any subsequent revisions thereto, adopted pursuant to this regulation. The county road administration board shall maintain a current file of all such adopted policies for each county.

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Washington State Code Reviser's Office