WSR 03-21-084

EXPEDITED RULES

COMMUNITY COLLEGES

OF SPOKANE

[ Filed October 16, 2003, 3:04 p.m. ]

     Title of Rule: WAC 132Q-01-006, 132Q-01-010, 132Q-01-020, 132Q-01-040, 132Q-01-050, 132Q-113-010, 132Q-136-030, 132Q-136-040, 132Q-276-020, 132Q-276-030, 132Q-276-040, 132Q-276-090, and 132Q-276-110.

     Purpose: Housekeeping changes; amending WAC 132Q-01-006 Organization and operation, 132Q-01-010 Bylaws of the board of trustees, 132Q-01-020 Regular meetings of the board of trustees, 132Q-01-040 Office of the board of trustees, 132Q-01-050 Correspondence for the board of trustees, 132Q-113-010 Designation of legislative liaisons, 132Q-136-030 Users, 132Q-136-040 Limitations, 132Q-276-020 Definitions, 132Q-276-030 Central and field organization, 132Q-276-040 Operations and procedures, 132Q-276-090 Copying, and 132Q-276-110 Appeal of decisions.

     Statutory Authority for Adoption: RCW 28B.50.140.

     Statute Being Implemented: None.

     Summary: To update district policies with current addresses, wording etc.

     Reasons Supporting Proposal: To improve district efficiency.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Linda McDermott, 501 North Riverpoint Boulevard, P.O. Box 6000, Spokane, WA 99217-6000, (509) 434-5190.

     Name of Proponent: Community Colleges of Spokane, public.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposed changes primarily are for housekeeping purposes.

     Proposal does not change existing rules. The proposed changes do not affect any current rule in a substantive manner. Changes are primarily for housekeeping purposes and clarification.

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 Linda McDermott, Community Colleges of Spokane, 501 North Riverpoint Boulevard, P.O. Box 6000, Mailstop 1006, Spokane, WA 99217-6000 , AND RECEIVED BY December 22, 2003.


Linda McDermott

Chief Financial Officer


AMENDATORY SECTION(Amending WSR 90-21-014, filed 11/8/90 [10/8/90])

WAC 132Q-01-006   Organization and operation.   (1) Organization: Washington State Community College District 17, (((the community colleges)) Community Colleges of Spokane((,)) including Spokane Community College, Spokane Falls Community College and ((The)) the Institute for Extended Learning(())), is established in Title 28B RCW as a public institution of higher education. ((The institution)) District 17 is governed by a five-member board of trustees, appointed by the governor. The board employs a chancellor/chief executive officer who establishes the structure of the administration.

     (2) Operation: The administrative office is located at ((N. 2000 Greene Street)) 501 North Riverpoint Boulevard, P.O. Box 6000, Spokane, Washington ((99207-5499)) 99217-6000. Spokane Community College is located at ((N. 1810)) 2000 North Greene Street, Spokane, Washington ((99207-5399)) 99217-5499; Spokane Falls Community College is located at ((W.)) 3410 West Fort George Wright Drive, Spokane, Washington ((99204-5288)) 99224-5288; ((The)) the Institute for Extended Learning is located at ((W.)) 3305 West Fort George Wright Drive, Spokane, Washington ((99204-5228)) 99224-5228. The office hours are 8:00 a.m. to 5:00 ((4:30)) p.m. Monday through Friday, except for legal holidays. During ((the)) summer months, ((the)) sections of the district may operate on an alternate schedule and throughout the year, evening services are provided. Specific information is available through each campus. ((the office of communications)).

     (3) Additional and detailed information concerning the educational offerings may be obtained from the college catalog, available at various locations including ((the)) college libraries, ((or for purchase at the college bookstores.)) cashier's offices and district website.

[Statutory Authority: RCW 28B.50.140. 90-21-014, § 132Q-01-006, filed 10/8/90, effective 11/8/90.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 86-04-010, filed 1/24/86)

WAC 132Q-01-010   Bylaws of the board of trustees.   The bylaws of the board of trustees of Washington State Community College District 17 are contained in chapter 1 of the board policy manual.

[Statutory Authority: RCW 28B.50.140. 86-04-010 (Resolution No. 25), § 132Q-01-010, filed 1/24/86.]


AMENDATORY SECTION(Amending WSR 86-04-010, filed 1/24/86)

WAC 132Q-01-020   Regular meetings of the board of trustees.   The board of trustees of Washington State Community College District 17 (Community Colleges of Spokane) shall hold regular monthly meetings according to a schedule including place, time and date filed with the Washington state code reviser on or before January 1 of each year for publication in the Washington State Register. Notice of any change from such meeting schedule shall be published in the Washington State Register at least twenty days prior to the rescheduled meeting date.

     All regular meetings of the board of trustees shall be held at 2000 North Greene Street, Spokane, Washington, 99217-5499, unless otherwise announced. Information about specific meeting places and times may be obtained from the office of the board.

[Statutory Authority: RCW 28B.50.140. 86-04-010 (Resolution No. 25), § 132Q-01-020, filed 1/24/86.]


AMENDATORY SECTION(Amending WSR 86-04-010, filed 1/24/86)

WAC 132Q-01-040   Office of the board of trustees.   The board of trustees of Washington State Community College District 17 shall maintain an office at ((North 2000 Greene Street)) 501 North Riverpoint Boulevard, P.O. Box 6000, MS 1001, Spokane, Washington, ((99207)) 99217-6000.((, where all regular meetings shall be held unless otherwise announced, and all)) All records, minutes and the official district seal shall be kept in the board office. This office shall be open during all normal working hours.

[Statutory Authority: RCW 28B.50.140. 86-04-010 (Resolution No. 25), § 132Q-01-040, filed 1/24/86.]


AMENDATORY SECTION(Amending WSR 86-04-010, filed 1/24/86)

WAC 132Q-01-050   Correspondence for the board of trustees.   Correspondence or other business for the board of trustees of Washington State Community College District 17 shall be sent to the secretary of the board at the office of the board, 501 North Riverpoint Boulevard, P.O. Box 6000, MS 1001, Spokane, Washington 99217-6000.

[Statutory Authority: RCW 28B.50.140. 86-04-010 (Resolution No. 25), § 132Q-01-050, filed 1/24/86.]


AMENDATORY SECTION(Amending WSR 92-14-040, filed 6/24/92)

WAC 132Q-113-010   Designation of legislative liaisons.   As required by RCW 42.17.190, those persons holding the following positions within Washington State Community College District ((No.)) 17 are designated legislative liaisons for Washington State Community College District ((No.)) 17 and those community colleges contained within ((such community college district)) Community Colleges of Spokane:

     (1) Members of the board of trustees;

     (2) Chancellor/chief executive officer;

     (3) College presidents((;)), executive vice president;

     (4) District ((vice-presidents)) management services officers; and

     (5) All those persons designated in writing by the chancellor/chief executive officer of Washington State Community College District ((No.)) 17, which writing shall be made available among the records maintained by the office of the chancellor/chief executive officer of Washington State Community College District ((No.)) 17.

[Statutory Authority: RCW 28B.50.140. 92-14-040, § 132Q-113-010, filed 6/24/92, effective 7/25/92; Order 73-3, § 132Q-113-010, filed 2/23/73.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 84-19-028, filed 9/14/84)

WAC 132Q-136-030   Users.   (1) ((Faculty, college)) staff College personnel, and official student organizations of Washington State Community College District 17 may use district facilities to hold events for ((faculty, staff)) college personnel and students provided such use complies with the general policy on the use of district facilities pursuant to WAC 132Q-136-010 and that all events are scheduled pursuant to WAC 132Q-136-050. Such use does not require either academic or administrative unit sponsorship nor does such use require approval by the chancellor/chief executive officer or other designated staff.

     (2) ((Faculty, staff)) College personnel((,)) and official student organizations may use district facilities to hold events to which the general public is invited when the event has academic or administrative unit sponsorship and the approval of the chancellor/chief executive officer or other designated staff.

     (3) Organizations or persons other than district ((faculty, staff)) personnel((,)) or official student organizations may use district facilities to hold events for members of that organization provided such use complies with the general policy of the use of district facilities. Such use does not require either academic or administrative unit sponsorship, but does require the approval of the chancellor/chief executive officer or ((designated staff)) designee.

     (4) Organizations or persons other than district ((faculty, staff)) personnel((,)) or official student organizations may use district facilities to hold events to which the general public is invited when the event has academic or administrative unit sponsorship and the approval of the chancellor/chief executive officer or ((designated staff)) designee.

     (5) Use of facilities for religious purposes is permitted on the same basis as for nonreligious purposes as long as use ((of)) for religious purposes does not dominate access to facilities pursuant to WAC 132Q-136-040.

[Statutory Authority: RCW 28B.50.140. 84-19-028 (Resolution No. 22), § 132Q-136-030, filed 9/14/84.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 84-19-028, filed 9/14/84)

WAC 132Q-136-040   Limitations.   (1) District facilities of Washington State Community College District 17 may not be used in ways ((which)) that substantially obstruct or disrupt educational activities or freedom of movement or other lawful activities on or in district facilities.

     (2) District facilities may not be used by groups, including informal groups, which discriminate in their membership or limit participation in activities on the basis of race, creed, color, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap.

     (3) ((Faculty, staff,)) College personnel or official student organizations may use district facilities to present educational forums regarding ballot propositions and/or candidates who have filed for public office as long as the audience is limited to ((faculty, staff)) college personnel and students. However, pursuant to RCW 42.17.130 "the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition" is prohibited.

     (4) District facilities may not be used for private or commercial purposes such as sales, advertising, or promotional activities unless such activities are in conjunction with authorized use of facilities by outside groups, fund raising activities directly benefiting the district, or activities fulfilling an educational or service need of the students((,)) or college personnel. ((faculty or staff.)) The sale of any item, the use of any advertising material, or operation of any promotional activity is subject to prior approval of the chancellor/chief executive officer or designee. ((designated staff. Any such sales, advertising, or promotional activities judged not to be in the best interest of the district shall not be allowed.))

     (5) The distribution of handbills, leaflets, pamphlets and similar materials is not permitted in or on those facilities to which access by the general public is restricted or where such distribution would significantly impinge upon the primary business being conducted.

     (6) Charitable solicitation is not permitted in or on those facilities to which access by the general public is restricted or where such solicitation would significantly impinge upon the primary business being conducted.

     (7) District facilities may be used by other public or private educational institutions or public agencies only insofar as the intended use of the facilities meets a community need not being fulfilled by District 17 and where such activities do not interfere with the educational programs being offered by District 17 or with the maintenance and repair programs of the district. A user fee, if any, for such use shall be determined by the chancellor/chief executive officer or designee. ((designated staff.))

     (8) Organizations or persons other than district ((faculty, staff,)) personnel or official student organizations may use district facilities only after the procedures pursuant to WAC 132Q-136-050 are completed and appropriate user fees have been paid in full or satisfactory payment arrangements completed.

     (9) District 17 reserves the right to require that the district be represented at any use of facilities where the presence of a representative is in the best interest of the district.

     (10) District equipment shall be used only when authorized and shall not be removed from any facility unless written authorization for such removal has been obtained prior to use.

     (11) No decorations or other application of material to walls, ceiling or floors of any facility shall be permitted if such application will in any way mar, deface or injure the facility. Users shall be responsible for the removal or disposal of any decorations, materials, equipment, furnishings or rubbish ((which)) that remain in or on any facility following use of the facility. Failure of any user to meet this obligation ((which)) that results in additional cost to the district shall subject the user to additional charges for such costs.

     (((12) The district reserves the right to reject any application for the use of district facilities when such use, pursuant to WAC 132Q-136-010(1), is determined not to be in the best interest of the district.))

[Statutory Authority: RCW 28B.50.140. 84-19-028 (Resolution No. 22), § 132Q-136-040, filed 9/14/84.]


AMENDATORY SECTION(Amending WSR 83-10-004, filed 4/22/83)

WAC 132Q-276-020   Definitions.   (1) ((Public records.)) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.

     (2) ((Writing.)) "Writing" means handwriting, typewriting, printing, ((photostating)) photocopying, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof; and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents.

     (3) ((Washington community college district 17.)) "Washington State Community College District 17" is a state agency created and organized by statute pursuant to RCW 28B.50.040, and shall hereinafter be referred to as the "district." Where appropriate, the term "district" shall also refer to ((the staff)) college personnel and board of trustees of the district.

     (4) "District facilities" of Washington State Community College District 17 include any or all real property owned, operated or maintained by the board of trustees of Community Colleges of Spokane, and shall include all buildings and appurtenances affixed thereon or attached thereto.

[Statutory Authority: RCW 42.17.250. 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-020, filed 4/22/83.]


AMENDATORY SECTION(Amending WSR 83-10-004, filed 4/22/83)

WAC 132Q-276-030   Central and field organization.   Washington State Community College District 17 ((The district)) is a community college district organized under RCW 28B.50.040. The administrative office of the district and its staff is located at ((North 2000 Greene)) 501 North Riverpoint Boulevard, P.O. Box 6000, Spokane, Washington, ((99207)) 99217-6000. The district operates two colleges, Spokane Community College, located at ((North 1810)) 2000 North Greene Street, Spokane, Washington, ((99207)) 99217-5499;((,)) and Spokane Falls Community College, located at ((West)) 3410 West Fort George Wright Drive, Spokane, Washington, ((99204)) 99224-5288. The district also ((operates extension and continuing education programs)) delivers instructional programming through the Institute for Extended Learning in the counties of Ferry, Lincoln (except Consolidated School District 105-157-166J and the Lincoln County portion of Common School District 167-202), Pend Oreille ((Orielle)), Spokane, Stevens, and Whitman. The administrative offices of the Institute for Extended Learning are located at 3305 West Fort George Wright Drive, Spokane, Washington 99224-5228.

[Statutory Authority: RCW 42.17.250. 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-030, filed 4/22/83.]


AMENDATORY SECTION(Amending WSR 83-10-004, filed 4/22/83)

WAC 132Q-276-040   Operations and procedures.   ((The district)) Washington State Community College District 17 is established under RCW 28B.50.040 to implement the educational purposes established by RCW 28B.50.020. ((The district)) District 17 is operated under the supervision and control of a board of trustees appointed by the governor as provided in RCW 28B.50.100((130)). The chief administrative officer of the district is the ((district president)) chancellor/chief executive officer, who also serves as secretary to the board of trustees. The day-to-day operation of the district, pursuant to policy established and approved by the board of trustees, is implemented through the office of the ((district president)) chancellor/chief executive officer or ((the president's)) designee.

     The board of trustees meets the ((second)) third Tuesday of each month at ((1:30 p.m.)) 8:30 a.m. in the board room of the Spokane Community College administrative offices ((district offices)) located at ((North)) 2000 North Greene Street, Spokane, Washington, ((99207)) 99217-5499, unless public notice is given of a special meeting. At such time, the trustees exercise the powers and duties granted to the board by RCW 28B.50.140.

[Statutory Authority: RCW 42.17.250. 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-040, filed 4/22/83.]


AMENDATORY SECTION(Amending WSR 83-10-004, filed 4/22/83)

WAC 132Q-276-090   Copying.   No fee shall be charged for the inspection of public records of Washington State Community College District 17. The district may charge a fee per page ((of copy)) for providing copies of public records, for use of the district's copy equipment((,)) and postage. ((and labor costs.)) This charge shall be an amount necessary to reimburse the district for its actual costs directly incident to such copying.

[Statutory Authority: RCW 42.17.250. 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-090, filed 4/22/83.]


AMENDATORY SECTION(Amending WSR 83-10-004, filed 4/22/83)

WAC 132Q-276-110   Appeal of denials.   (1) Any person who objects to the denial of a request for a public record of Washington State Community College District 17 may appeal such decision by tendering a written request for appeal. The written request shall specifically refer to the written statement by the public records officer or other staff member ((which)) that constituted or accompanied the denial.

     (2) Immediately after receiving a written request for appeal of a decision denying a public record of District 17, the public records officer or other administrative staff member denying the request shall refer the written request to the ((district president)) chancellor/chief executive officer or ((the president's)) designee. The ((district president)) chancellor/chief executive officer or ((the)) designee shall immediately consider the matter, may consult with the office of the attorney general, and either affirm or reverse such denial of access to a public record. In any case, the request shall be returned with a final decision within two business days following the filing of the written request for review.

     (3) Administrative remedies shall not be considered exhausted until the district has returned the petition with a decision or until the close of the second business day following a request for appeal, whichever occurs first.

[Statutory Authority: RCW 42.17.250. 83-10-004 (Order 83-29, Resolution No. 21), § 132Q-276-110, filed 4/22/83.]

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