BP BHEAD INT S [atlas:bill]

AN ACT Relating to community and technical colleges; adding a new section to chapter 44.04 RCW; adding a new chapter to Title 43 RCW; creating a new section; and providing expiration dates.

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

NEW SECTION. Sec. 1. (1) The joint legislative audit and review committee shall review the personnel management systems of the community and technical colleges. The review shall be completed by November 15, 2000. Results of the review shall be reported to the legislature by December 1, 2000. In conducting the review, the joint legislative audit and review committee shall review the following issues including but not limited to:

(a) Practices for employing part-time rather than full-time faculty;

(b) Practices for recruiting, hiring, terminating, and promoting part-time faculty;

(d) Benefits for part-time and full-time faculty;

(e) Policies on sick leave and vacation time;

(f) Access to facilities and support services for part-time faculty; and

(g) Teaching assignments for part-time faculty.

(2) This section expires December 31, 2000.

NEW SECTION. Sec. 2. There is hereby created an office of part-time community and technical college faculty liaison within the office of the governor for the purpose of promoting a quality education at the community and technical colleges through fair employment practices for full-time and part-time faculty, identifying system issues and responses for the governor and the legislature to act upon, and monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to full-time and part-time community college faculty. The liaison shall report directly to the governor and shall exercise his or her powers and duties independently of the secretary.

NEW SECTION. Sec. 3. (1) Subject to confirmation by the senate, the governor shall appoint a liaison who shall be a person of recognized judgment, independence, objectivity, and integrity, and shall be qualified by training or experience, or both, in higher education and employment law and policy. Before the appointment, the governor shall consult, and may receive recommendations, regarding the selection of the liaison.

(2) The person appointed liaison shall hold office for a term of three years and shall continue to hold office until reappointed or until his or her successor is appointed. The governor may remove the liaison only for neglect of duty, misconduct, or inability to perform duties. Any vacancy shall be filled by similar appointment for the remainder of the unexpired term.

NEW SECTION. Sec. 4. The liaison shall perform the following duties:

(1) Provide information as appropriate on the rights and responsibilities of full-time and part-time employees of community and technical colleges;

(2) Investigate, upon his or her own initiative or upon receipt of a complaint, an administrative act alleged to be contrary to law, rule, or policy, imposed without an adequate statement of reason, or based on irrelevant, immaterial, or erroneous grounds; however, the liaison may decline to investigate any complaint as provided by rules adopted under this chapter;

(3) Monitor the employment practices for part-time faculty at the community and technical colleges;

(4) Review employment practices for part-time community college faculty in other states;

(5) Recommend changes in the procedures for addressing the employment of part-time faculty;

(6) Submit annually to the governor by November 1st a report analyzing the work of the office including recommendations; and

(7) Adopt rules necessary to implement this chapter.

NEW SECTION. Sec. 5. The part-time faculty liaison shall treat all matters under investigation, including the identities of complainants and individuals from whom information is acquired, as confidential, except as far as disclosures may be necessary to enable the liaison to perform the duties of the office and to support any recommendations resulting from an investigation. Upon receipt of information that by law is confidential or privileged, the liaison shall maintain the confidentiality of such information and shall not further disclose or disseminate the information except as provided by applicable state or federal law. Investigative records of the office of the liaison are confidential and are exempt from public disclosure under chapter 42.17 RCW.

NEW SECTION. Sec. 6. Neither the liaison nor the liaison's staff may be compelled, in any judicial or administrative proceeding, to testify or to produce evidence regarding the exercise of the official duties of the liaison or of the liaison's staff. All related memoranda, work product, notes, and case files of the liaison's office are confidential, are not subject to discovery, judicial or administrative subpoena, or other method of legal compulsion, and are not admissible in evidence in a judicial or administrative proceeding.

NEW SECTION. Sec. 7. Identifying information about complainants or witnesses shall not be subject to any method of legal compulsion, nor shall such information be revealed to the legislature or the governor except under the following circumstances: (1) The complainant or witness waives confidentiality; (2) under a legislative subpoena when there is a legislative investigation for neglect of duty or misconduct by the liaison or liaison's office when the identifying information is necessary to the investigation of the liaison's acts; or (3) under an investigation or inquiry by the governor as to neglect of duty or misconduct by the liaison or liaison's office when the identifying information is necessary to the investigation of the liaison's acts.

For the purposes of this section, "identifying information" includes the complainant's or witness's name, location, telephone number, likeness, social security number or other identification number, or identification of immediate family members.

NEW SECTION. Sec. 8. The privilege described in section 6 of this act does not apply when:

(1) The liaison or the liaison's staff member has direct knowledge of an alleged crime, and the testimony, evidence, or discovery sought is relevant to that allegation;

(2) The liaison or a member of the liaison's staff has received a threat of, or becomes aware of a risk of, imminent serious harm to any person, and the testimony, evidence, or discovery sought is relevant to that threat or risk; or

(3) The liaison has been asked to provide general information regarding the general operation of, or the general processes employed at, the liaison's office.

NEW SECTION. Sec. 9. (1) An employee of the office of part-time community and technical college faculty liaison is not liable for good faith performance of responsibilities under this chapter.

(2) No discriminatory, disciplinary, or retaliatory action may be taken against an employee of a community or technical college, an employee of a contracting agency of the state board for community and technical colleges, or a student at a community or technical college or information given or disclosed, to aid the office of the liaison in carrying out its responsibilities, unless the communication or information is made, given, or disclosed maliciously or without good faith. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.

(3) All communications by the liaison, if reasonably related to the requirements of that individual's responsibilities under this chapter and done in good faith, are privileged under RCW 9.58.070 and that privilege shall serve as a defense in any action in libel or slander.

NEW SECTION. Sec. 10. When the liaison or liaison's staff member has reasonable cause to believe that any public official, employee, or other person has acted in a manner warranting criminal or disciplinary proceedings, the liaison or liaison's staff member shall report the matter, or cause a report to be made, to the appropriate authorities.

NEW SECTION. Sec. 11. A new section is added to chapter 44.04 RCW to read as follows:

(1) The legislative part-time community and technical college faculty oversight committee is created for the purpose of monitoring and ensuring compliance with administrative acts, relevant statutes, rules, and policies pertaining to part-time community and technical college faculty. The committee shall consist of three senators and three representatives from the legislature. The senate members of the committee shall be appointed by the president of the senate. The house members of the committee shall be appointed by the speaker of the house. Not more than two members from each chamber shall be from the same political party. Members shall be appointed before the close of each regular session of the legislature during an odd-numbered year.

(2) The committee shall have the following powers:

(a) Selection of its officers and adoption of rules for orderly procedure;

(b) To request investigations by the part-time community and technical college faculty liaison of administrative acts by the community and technical colleges;

(d)(i) To obtain access to all relevant records in the possession of the liaison, except as prohibited by law; and (ii) to make recommendations to all branches of government;

(e) To request legislation; and

(f) To conduct hearings into such matters as it deems necessary.

(3) Upon receipt of records from the liaison, the committee is subject to the same confidentiality restrictions as the liaison under section 5 of this act.

NEW SECTION. Sec. 12. Sections 2 through 10 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 13. Sections 2 through 11 of this act expire December 31, 2005.