WSR 00-19-099

PROPOSED RULES

PARKS AND RECREATION

COMMISSION

[ Filed September 20, 2000, 11:14 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-12-096.

Title of Rule: Chapter 352-04 WAC, Policy -- Meetings and delegation, this chapter defines the commission's officers, their duties, and their practices for scheduling and conducting meetings of the state Parks and Recreation Commission.

Purpose: The commission intends to amend chapter 352-04 WAC to update the manner in which the commission votes and establishes a quorum for the purposes of conducting business transactions. The commission also intends to establish its practice for conducting adjudicative proceedings and to provide commission members with appropriate conduct for avoiding conflicts of interest.

Statutory Authority for Adoption: RCW 79A.05.025, 79A.05.030, and 79A.05.070.

Summary: The commission intends to improve the public's access to information on its new or updated business practices for scheduling meetings, conducting adjudicative hearings and for avoiding conflicts on interest. The commission intends to formally adopt these practices in administrative rule.

Reasons Supporting Proposal: The proposed amendments to chapter 352-04 WAC will clarify and improve public access to the commission's business practices and annual meeting schedule.

Name of Agency Personnel Responsible for Drafting: Barbara Herman, 1125 Washington Street, Olympia, WA 98504-0100, (360) 586-4034; Implementation and Enforcement: Cleve Pinnix, 7150 Cleanwater Lane, Olympia, WA 98504-2650, (360) 902-8501.

Name of Proponent: Cleve Pinnix, Director of the Washington State Parks and Recreation Commission, public.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This chapter of administrative rule establishes the state Parks and Recreation Commission's business practices for meetings and delegation of authority. The commission intends to update its business practices for scheduling meetings and establishing a quorum for the purposes of conducting business transactions. The commission also intends to formally adopt new practices for conducting adjudicative hearings and for avoiding conflicts of interest. These amendments are intended to clarify and improve public access and participation in the commission's business meetings and to clarify the commission's practices for conducting adjudicative proceedings.

Proposal Changes the Following Existing Rules: The proposed amendments would accomplish the following: Amending WAC 352-04-010 provides greater flexibility in scheduling public meetings as needed to conduct business, provides for an earlier decision on the annual meeting schedule for the subsequent year and provides an updated method for determining the voting quorum; adopting new section WAC 352-04-040 establishes the conduct for adjudicative proceedings; and adopting new section WAC 352-04-050 establishes the manner through which the commission members may avoid conflicts of interest.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This chapter of administrative rule does not regulate or have economic impact through regulations on small business. There are no compliance costs to small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Significant legislative rule-making requirements are not imposed on the state Parks and Recreation Commission, nor has the commission voluntarily applied those requirements.

Hearing Location: Best Western Tower Inn, 1515 George Washington Way, Richland, WA 99350, on November 3, 2000, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Eastern Region Office at (509) 662-0420, by October 13, 2000, (509) 663-9754.

Submit Written Comments to: Georgia R. Pacana, Washington State Parks, P.O. Box 42650, Olympia, WA 98504-2650, fax (360) 664-2106, by October 6, 2000.

Date of Intended Adoption: November 3, 2000.

September 20, 2000

Jim French

Senior Policy Advisor

OTS-4386.2


AMENDATORY SECTION(Amending Order 102, filed 11/24/87)

WAC 352-04-010
Duties of chairperson and conduct of meetings.

(1) The chairperson shall call and preside at all regular or special meetings.

(2) The duties of the vice-chairperson shall be to preside at all regular or special meetings in the absence of the chairperson. In addition, the vice-chairperson shall serve as chairperson upon the resignation, death, or incapacitation for any reason of the chairperson, and shall so serve until the next regular election, or until the chairperson is again able to serve, whichever shall first occur.

(3) The secretary shall cause minutes to be taken and recorded of all regular or special meetings, and shall sign such minutes when transcribed and approved by the commission. In addition, the secretary shall succeed to the offices of vice-chairperson or chairperson in the same manner and under the same conditions as set forth above for the vice-chairperson.

(4) ((Eight)) Regular meetings shall be held each calendar year, on the dates, times, and locations published in the ((January publication of the)) Washington State Register, unless otherwise called by the chairperson or a majority of the commissioners. An annual schedule of the months in which meetings are to be held, and their locations, will be adopted by the commission ((during the last regular meeting of each calendar year,)) and will be published ((each January)) on or before January of each year in the Washington State Register, in accordance with RCW 42.30.075.

(5) An annual election shall be conducted for the offices of chairperson, vice-chairperson, and secretary, at the first regular meeting of every year. The election shall be conducted by written ballot upon request of any member of the commission.

(6) The order of business at all regular meetings shall be:

(a) The call of the roll.

(b) Minutes of the previous meeting.

(c) Acceptance of agenda.

(d) Business of the day.

(e) Date and location of next meeting.

(f) Adjournment.

(7) The chairperson shall be a voting member of the commission. A majority of the authorized commission membership shall constitute a quorum for the transaction of business at all regular and special meetings. A majority vote of the commissioners present shall be sufficient to pass or defeat each measure brought to a vote, unless ((otherwise)) a unanimous vote of commissioners present is required by law. ((When a unanimous vote of the authorized membership of the commission is required by law to pass any measure brought to a vote, the vote of any absent commissioner may be registered by mail, or by telephone: Provided, That any mailed ballot shall be opened and read, or any telephoned vote shall be communicated during the meeting at which such measure is being considered: And provided further, That the chairperson shall identify the absent commissioner or commissioners so voting, and that such identification shall be incorporated into the minutes of the meeting.))

[Statutory Authority: RCW 46.10.040, 43.51.040 and 43.51.060. 87-24-032 (Order 102), 352-04-010, filed 11/24/87. Statutory Authority: RCW 42.30.070 and 43.51.060. 84-04-035 (Order 75), 352-04-010, filed 1/26/84. Statutory Authority: RCW 42.30.070. 83-01-113 (Order 64), 352-04-010, filed 12/21/82. Statutory Authority: RCW 43.51.060 and 42.30.070. 82-07-077 (Order 57), 352-04-010, filed 3/23/82. Statutory Authority: RCW 43.51.030. 80-14-010 (Order 47), 352-04-010, filed 9/22/80; Order 12, 352-04-010, filed 1/28/72; Order 7, 352-04-010, filed 4/1/70.]


NEW SECTION
WAC 352-04-040
Adjudicative proceedings.

Adjudicative proceedings conducted under Title 79A RCW, Public recreational lands, shall be held in accordance with the Administrative Procedure Act, chapter 34.05 RCW, and the rules published in chapter 10-08 WAC. The director shall appoint the hearing officer if the hearing is to be presided over by officials of the agency or request appointment of an administrative law judge from the office of administrative hearings. The commission shall review the initial order issued by the hearing officer or administrative law judge and shall issue a final order.

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NEW SECTION
WAC 352-04-050
Conflict of interest.

(1) A member of the commission shall comply with subsection (2) of this section when the following circumstances apply or it is reasonably foreseeable that they will apply:

(a) The member is beneficially interested, directly or indirectly, in a contract, sale, lease, purchase or grant that may be made by, through, or under the supervision of the commission, in whole or in part, or when the member accepts, directly or indirectly, any compensation, gratuity, or reward from any other person beneficially interested in such contract, lease, purchase or grant; or

(b) The member is an officer, agent, employee or member of an entity which is engaged in a transaction involving the commission.

(2) If required by subsection (1) of this section, the member or employee shall:

(a) Recuse him or herself from the commission discussion regarding the specific contract, sale, lease, purchase or grant;

(b) Recuse him or herself from the commission vote on the specific contract, sale, lease, purchase or grant; and

(c) Refrain from attempting to influence the remaining commission members in their discussion and vote regarding the specific contract, sale, lease, purchase or grant.

(3) The prohibition against discussion set forth in subsection (2)(a) through (c) of this section shall not prohibit the member of the commission from using his or her general expertise to educate and provide general information on the subject area to other members.

(4) Under subsection (1) of this section, "any other person" has a beneficial interest in a contract, sale, lease, purchase or grant when the other person bids or otherwise seeks to be awarded the contract, sale, lease, purchase or grant.

(5) A member who would otherwise be disqualified under subsection (2)(a) through (c) of this section may participate fully in the proceedings if a quorum cannot be achieved because of a conflict of interest, and the participation of the board member is required for official action, as long as the member discloses the basis for disqualification prior to participating and voting.

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Washington State Code Reviser's Office