WSR 02-13-093

EXPEDITED RULES

TOBACCO SETTLEMENT AUTHORITY


[ Filed June 18, 2002, 2:01 p.m. ]

Title of Rule: Public meetings policy -- Rules of procedure.

Purpose: The proposed rule adopts public meeting procedures for the authority.

Statutory Authority for Adoption: Section 6(H), chapter 365, Laws of 2002.

Statute Being Implemented: Chapter 365, Laws of 2002.

Summary: The proposed rule adopts public meeting procedures for the authority in conformance with the state's Open Public Meeting Act.

Reasons Supporting Proposal: The proposed rule will assist the authority in conducting business at open public meetings, in providing notice of such meetings to interested persons, in fostering public comment on authority operations, and in setting forth reasonable procedures for taking public testimony.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Paul Edwards, Deputy Director, 1000 Second Avenue, Suite 2700, Seattle, WA 98104-1046, (206) 464-7139.

Name of Proponent: Tobacco Settlement Authority, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule adopts public meeting procedures for the authority in conformance with the state's Open Public Meetings Act. The proposed rule states that, other than executive sessions, the authority's meetings are open to the general public. The proposed rule provides that meetings of the authority shall be "special meetings" as defined in chapter 42.30 RCW. The proposed rule provides procedures for the provision of notice of meetings to interested parties. In addition, the proposed rule sets forth procedures to govern the conduct of authority meetings and public hearings. The procedures are designed to foster public comment on authority operations. The proposed rule is designed to, whenever possible, allow any person an opportunity to present written or oral testimony at authority public hearings, upon compliance with reasonable procedures.

The anticipated effect of the proposed rule will be to assist the authority in conducting its business at open public meetings, in providing notice of such meetings to interested persons, in fostering public comment on authority operations, and in setting forth reasonable procedures for taking public testimony on authority operations.

Proposal does not change existing rules.

NOTICE

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 THE USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Paul Edwards, Deputy Director, Tobacco Settlement Authority, 1000 Second Avenue, Suite 2700, Seattle, WA 98104-1046 , AND RECEIVED BY August 19, 2002.


June 17, 2002

Richard S. Swanson

Chair

Chapter 465-20 WAC

Public meetings policy -- Rules of procedure
NEW SECTION
WAC 465-20-010   Definitions.   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Chair" means the chair of the authority.

(2) "Authority" means the Tobacco Settlement Authority established pursuant to chapter 365, Laws of 2002. Where appropriate, the term "authority" also refers to the staff and employees of the authority.

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NEW SECTION
WAC 465-20-020   Meetings.   (1) Other than executive sessions, the authority's meetings are open to the general public.

(2) Meetings. The meetings of the authority shall be "special meetings" as defined in chapter 42.30 RCW, the Open Public Meetings Act.

(3) Notice of meetings. The chair or a majority of Authority board members may call a special meeting at any time in accordance with RCW 42.30.080. The authority shall maintain a public notice mailing list and provide notice of its meetings by mail to those parties on such list. Any party may have its name placed on such list by request to the authority in writing, delivered by mail or fax.

(4) Executive sessions. The chair or a majority of Authority board members may call an executive session at any time in accordance with RCW 42.30.110.

(5) Meetings of the authority board may be held at any location within or out of the state, and members of the authority board may participate in a meeting of the board by means of a conference telephone or similar communication equipment under RCW 23B.08.200.

(6) The authority shall maintain records of proceedings as minutes of the meetings, duly recorded, and maintained at the authority's office.

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NEW SECTION
WAC 465-20-030   Conduct of meetings and order of business.   (1) All authority meeting business shall be transacted by motion. Motions may be made by any authority board member and shall require a second.

(2) Voting on all motions shall be by voice vote unless a division is called for in which case the executive director shall call the roll in alphabetical order and record the vote of each member present, "yea" or "nay."

(3) The order of authority board meeting business shall be conducted as prescribed by the agenda.

(4) The executive director shall prepare each meeting's agenda in consultation with the chair.

(5) The authority board shall approve the minutes of the preceding meeting as the first act of each meeting.

(6) The chair or any authority board member may modify a meeting's agenda by motion.

(7) Public hearings. The authority seeks to foster public comment on its operations through its public hearing process. The authority will, whenever possible, allow any person an opportunity to present written or oral testimony at its public hearings, upon compliance with reasonable procedures. Such procedures include, but may not be limited to, the following:

(a) Those wishing to present oral testimony shall sign the public testimony roster. The authority will call for public comments in the order appearing on the roster. Elected officials and expert witnesses may be scheduled first because their testimony may help answer pending questions from the public.

(b) To ensure that everyone attending the hearing can hear all oral testimony and questions, commenters shall speak using the microphone, if any, provided for the public, after being recognized by the presiding member of the authority board. The presiding member of the authority board is generally the chair.

(c) Oral testimony and questions should be addressed to the presiding member of the authority board.

(d) Because the authority wants to hear from as many people as possible, the authority board may place reasonable limits on the time allowed for oral testimony. Time for testimony is generally limited to five minutes per person. Answers to questions from the authority board is generally limited to three minutes.

(e) Persons testifying, whether orally or in writing, shall state their name and identify whether they represent an organization. If they represent an organization, they shall identify the organization. At their option, they may also state their address.

(f) Commenters shall briefly describe the identity and nature of any documents referenced in their comments, and indicating where the document can be reviewed or obtained.

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Washington State Code Reviser's Office