Preproposal statement of inquiry was filed as WSR 97-21-012.

Title of Rule: Employee participation in political activities.

Statutory Authority for Adoption: Chapter 28B.50 RCW.

Statute Being Implemented: Governor's Executive Order 97-02 RE: Regulatory reform (updating of WACs).

Summary: See Title of Rule above.

Name of Agency Personnel Responsible for Drafting and Implementation: Sandy Wall, State Board for Community and Technical Colleges, 319 7th Avenue, Olympia, WA, (360) 586-2157; and Enforcement: Howard Fischer, Senior Assistant Attorney General, Education Division, (360) 586-2789.

Name of Proponent: State Board for Community and Technical Colleges, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Title of Rule above.

Proposal Changes the Following Existing Rules: Minor changes to reflect current practice.

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: Yakima Valley College, 16th and Nob Hill, Yakima, WA, on June 18, 1998, at 10 a.m.

Assistance for Persons with Disabilities: Contact C. Krueger by June 1, 1998, FAX (360) 586-6440.

Submit Written Comments to: C. Krueger, State Board for Community and Technical Colleges, P.O. Box 42495, Olympia, WA 98504, FAX (360) 586-6440, by June 1, 1998.

Date of Intended Adoption: June 18, 1998.

May 6, 1998

Claire C. Krueger

Executive Assistant and

Agency Rules Coordinator

AMENDATORY SECTION (Amending Order 32, filed 12/13/74)

WAC 131-40-010  Political activities of state board staff. In the belief that citizen involvement in public affairs is basic to the effective functioning of government at all levels, it shall be the general policy of the state board for community and technical colleges ((education)) to encourage the participation of employees of the office of the state board in public affairs and the full exercise of their privileges and duties as citizens.

The purpose of the following provisions is to provide guidance to employees of the state board so that they may engage in political activity in a manner consistent with the policies of other state agencies, the laws of the state of Washington, and the United States code sections covering political activity of state employees engaged in activities funded in whole or in part by federal funds. Both classified and exempt employees shall be governed by these provisions.

(1) Solicitation for any partisan political purpose or any compulsory assessment or involuntary contribution is prohibited on state property.

(2) Employees shall have the right to vote and to express their opinions on all political subjects and candidates.

(3) Nothing in this section shall prohibit appointment, nomination or election or part-time public office in a political subdivision of the state when the holding of such office is not incompatible with, nor substantially interferes with, the discharge of official duties in state employment.

(4) Nothing in this section shall prohibit appointment, nomination or election to public office at the federal level, provided that upon such appointment or election to a full-time position the employee shall resign his state board position without claim of reinstatement and provided further that the requirements of the Hatch Act are met.

(5) The rules and regulations of the United States Civil Service Commission that pertain to political activities shall apply to any person employed through or otherwise engaged in the administration or operation of federal grant programs.

[Order 32, § 131-40-010, filed 12/13/74; Order 20, § 131-40-010, filed 12/4/73.]