WSR 11-12-014

PROPOSED RULES

REDISTRICTING COMMISSION


[ Filed May 20, 2011, 3:36 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-08-077.

Title of Rule and Other Identifying Information: Rules governing the operations of the Washington redistricting commission, specifically WAC 417-01-110, 417-01-125, 417-01-150, 417-01-155, 417-02-100, 417-02-110, 417-02-115, 417-02-125, 417-02-130, 417-02-135, 417-02-140, 417-02-155, 417-06-130, and 417-06-150.

Hearing Location(s): Conference Room, Washington State Redistricting Commission Office, 1063 Capitol Way South, Suite 16, Olympia, WA 98504, on July 6, 2011, at 9:00 a.m.

Date of Intended Adoption: July 6, 2011.

Submit Written Comments to: Bonnie Bunning, Washington Redistricting Commission, 1063 Capitol Way South, Suite 16, P.O. Box 40948, Olympia, WA 98501-0948, e-mail bonnie.bunning@redistricting.wa.gov, fax (360) 586-0433, by July 1, 2011.

Assistance for Persons with Disabilities: Contact Heather Boe, by July 1, 2011, TTY (800) 635-9993 or (360) 786-0047.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Pursuant to Washington Constitution Art. II, Section 43, and RCW 44.05.030, the Washington redistricting commission is required to submit to the state legislature, no later than January 1, 2012, a redistricting plan. The commission's administrative rules encourages members of the public to submit proposed redistricting plans, and encourages early submission of third party plans. In order for the public to be able to participate in a timely and meaningful way in the development of a plan, the procedures applicable to the process must be known to the public immediately. These procedures include such things as a correct address and format for plan submission. As this has changed since the 2001 effort, it is necessary to amend the rules. With normal time periods for permanent rule making, the new procedures would not be known to the public for several months, and would impede the public's participation in the process.

Statutory Authority for Adoption: RCW 44.05.080(2).

Statute Being Implemented: Chapter 44.05 RCW.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Pursuant to Washington Constitution Art. II, Section 43, and RCW 44.05.030, the Washington redistricting commission is required to submit to the state legislature, no later than January 1, 2012, a redistricting plan. The commission's administrative rules encourages members of the public to submit proposed redistricting plans, and encourages early submission of third party plans. In order for the public to be able to participate in a timely and meaningful way in the development of a plan, the procedures applicable to the process must be known to the public immediately. These procedures include such things as a correct address and format for plan submission. As this has changed since the 2001 effort, it is necessary to amend the rules. With normal time periods for permanent rule making, the new procedures would not be known to the public for several months, and would impede the public's participation in the process.

Name of Proponent: Washington state redistricting commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bonnie Bunning, 1063 Capitol Way South, Suite 16, (360) 786-0040.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rule changes update the commission's address; correct statutory citations; and update the electronic means by which third party plans may be submitted. There are no economic impacts from these housekeeping changes.

May 20, 2011

Bonnie Bunning

Executive Director

OTS-3937.2


AMENDATORY SECTION(Amending WSR 01-13-123, filed 6/20/01, effective 7/9/01)

WAC 417-01-110   Commission responsibilities and duties.   Pursuant to article 2, section 43 of the state constitution and chapter 44.05 RCW, the commission's duties are:

(1) To accomplish state legislative and congressional redistricting;

(2) To act as the legislature's recipient of the final redistricting data and maps from the United States Bureau of the Census;

(3) To disclose and preserve public records as specified in chapters 42.17, 42.17A, and 40.14 RCW;

(4) To hold open public meetings pursuant to the Open Public Meetings Act, RCW 42.30;

(5) To prepare and disclose its minutes pursuant to RCW 42.32.030;

(6) To prepare and adopt agency rules pursuant to the Administrative Procedure Act, chapter 34.05 RCW;

(7) To prepare and publish a report with a redistricting plan as provided in RCW 44.05.080(7);

(8) To distribute census data to counties for local redistricting as required by chapter ((29.70)) 29A.76 RCW.

[Statutory Authority: RCW 44.05.080(1). 01-13-123, 417-01-110, filed 6/20/01, effective 7/9/01; 91-20-006, 417-01-110, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 01-13-123, filed 6/20/01, effective 7/9/01)

WAC 417-01-125   Offices.   (1) The commission office is located at ((505 East Union Avenue, Suite 350)) 1063 Capitol Way South, Suite 16, Olympia, Washington. The mailing address is: Washington State Redistricting Commission, P.O. Box 40948, Olympia, WA, 98504-0948. Telephone number: (((360) 586-9000)) 360-786-0770. Facsimile number: (((360) 586-8995)) 360-586-0433. Internet address: www.redistricting.wa.gov. Electronic mail address: contact@redistricting.wa.gov. Office hours for the commission shall be from 8 a.m. to 5 p.m. on all normal business days. Office hours for inspection and copying of public records shall be as provided in chapter two hereof.

(2) The commission address and contact information shall remain in effect for the duration of the ((2001-2002)) 2011-2012 commission. Inquiries after that date shall be directed to the secretary of state.

[Statutory Authority: RCW 44.05.080(1). 01-13-123, 417-01-125, filed 6/20/01, effective 7/9/01; 91-20-006, 417-01-125, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 01-13-123, filed 6/20/01, effective 7/9/01)

WAC 417-01-150   Meetings.   (1) Regular meetings: The commission shall meet regularly during the months of April through December in each year ending in one, at the commission's offices, or other suitable location, in Olympia, as published in the Washington State Register.

(2) Special meetings: The commission shall meet at other times and places, at the call of the chair or of a majority of the commissioners. Notice of special meetings shall be given at least twenty-four hours before the time of such meeting as specified in the notice, to the media and to all others who have requested notice of commission meetings.

(3) Agenda: The chair, or the commission majority calling a special meeting, shall propose an agenda for the meeting, which shall be distributed to commissioners, to the media, and to others who have requested notice, at the earliest practical date prior to the meeting.

[Statutory Authority: RCW 44.05.080(1). 01-13-123, 417-01-150, filed 6/20/01, effective 7/9/01; 91-20-006, 417-01-150, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 01-13-123, filed 6/20/01, effective 7/9/01)

WAC 417-01-155   Conduct of commission business.   (1) Three voting members of the commission shall constitute a quorum for the conduct of business.

(2) The votes of any three of the commissioners shall be required for any official action of the commission: Provided, That the chair shall have the authority on behalf of the commission to execute contracts and leases, and approve expenditures and reimbursements, related to the business of the commission. The chair may, without the prior approval of the commission, authorize expenditures for equipment and supplies not to exceed $15,000. Expenditures made pursuant to this section shall be reported as a separate item on the agenda at the next commission meeting.

(3) The chair shall not have a vote at any meeting of the commission.

(4) Commission meetings shall be conducted in accordance with the Open Public Meetings Act (chapter 42.30 RCW).

(5) The commission shall not adopt any redistricting plan, or partial redistricting plan, except at a public meeting, notice of which has been given in accordance with these rules.

(6) The commission shall not take any action by secret ballot.

(7) ((When not inconsistent with the state constitution, statute, or these rules, parliamentary matters before the commission shall be governed by Robert's Rules of Order, Tenth Edition.

(8))) Motions shall not require a second in order to be placed before the commission for a vote.

(((9))) (8) All public meetings of the commission shall be electronically recorded. The minutes and tapes thereof shall be available to the public in accordance with the rules regarding access to public records held by the commission. At all meetings of the commission where public testimony regarding redistricting boundaries is a scheduled agenda item, the commission shall provide for the presence of a court reporter to record such testimony. A typewritten transcript of such testimony shall be prepared as soon as possible after such hearings and shall be made available to the public in accordance with the rules regarding access to public records held by the commission. The transcript of a court reporter prepared pursuant to this section shall become part of the official records of the commission.

(((10))) (9) Except as provided in this section, the chair shall preside at all meetings. In the event of the chair's absence the commission shall select from among the voting members a temporary chair to preside in the chair's absence. The position of temporary chair shall alternate between a member of the two parties represented on the commission.

[Statutory Authority: RCW 44.05.080(1). 01-13-123, 417-01-155, filed 6/20/01, effective 7/9/01; 91-20-006, 417-01-155, filed 9/19/91, effective 10/20/91.]

OTS-3938.1


AMENDATORY SECTION(Amending WSR 01-17-078, filed 8/16/01, effective 9/4/01)

WAC 417-02-100   Purpose.   The purpose of this chapter is to establish methods by which the commission will comply with the provisions of chapter ((42.17)) 42.56 RCW dealing with public records.

[Statutory Authority: RCW 44.05.080(1). 01-17-078, 417-02-100, filed 8/16/01, effective 9/4/01.]


AMENDATORY SECTION(Amending WSR 01-17-078, filed 8/16/01, effective 9/4/01)

WAC 417-02-105   Definitions.   As used in this chapter:

(1) All words and phrases defined in chapter one of this title (WAC 417-01-120) and RCW 44.05.020 shall have the same meaning for the purposes of this chapter.

(2) "Public records" shall have the same meaning as defined in RCW ((42.17.020)) 42.56.010.

[Statutory Authority: RCW 44.05.080(1). 01-17-078, 417-02-105, filed 8/16/01, effective 9/4/01.]


AMENDATORY SECTION(Amending WSR 01-17-078, filed 8/16/01, effective 9/4/01)

WAC 417-02-110   Public records available.   All public records of the commission are available for public inspection and copying pursuant to these rules except as otherwise provided in RCW ((42.17.310)) 42.56.010 or other law.

[Statutory Authority: RCW 44.05.080(1). 01-17-078, 417-02-110, filed 8/16/01, effective 9/4/01.]


AMENDATORY SECTION(Amending WSR 01-17-078, filed 8/16/01, effective 9/4/01)

WAC 417-02-115   Public records officer.   The commission's public records shall be in the charge of the public records officer, who shall be the executive director of the commission. The public records officer shall be responsible for: Implementation of commission policy as to release of public records; authorizing release of records, which authorization shall be in writing; and ensuring staff compliance with the requirements of these rules and the requirements of chapter ((42.17)) 42.56 RCW. The public records officer may designate in writing an assistant public records officer to perform the duties of public records officer when he or she is absent or unavailable.

[Statutory Authority: RCW 44.05.080(1). 01-17-078, 417-02-115, filed 8/16/01, effective 9/4/01.]


AMENDATORY SECTION(Amending WSR 01-17-078, filed 8/16/01, effective 9/4/01)

WAC 417-02-125   Requests of public records.   In accordance with chapter ((42.17)) 42.56 RCW that agencies provide full public access to public records, prevent unreasonable invasion of privacy, protect public records from damage or disorganization and prevent excessive interference with essential functions of the agency, public records may be inspected or copied, or copies of such records may be obtained by members of the public upon compliance with the following procedure:

(1) A request to inspect or copy public records shall be made in writing or upon a form prescribed herein which shall be available at the commission's office. The written request or form shall be presented to the public records officer or designated assistant during the office hours established in this chapter. The written request or form shall include the following information:

(a) The name of the person requesting the record;

(b) The time and date on which the request was made;

(c) A specific identification or description of each requested record;

(d) If the matter requested is referenced within the current index maintained by the commission, a reference to the requested record as it is described in such current index; and

(e) If the requested matter is not identifiable by reference to the current index, an appropriate description of the record requested.

(2) The public records officer or designated assistant will ascertain whether the information requested is exempt from public inspection and copying as defined in RCW ((42.17.310)) 42.56.210 or other law.

(3) Only after a determination has been made that all or such portion of a public record as is not deleted may be inspected, shall such public record or portion thereof be made available for inspection by a member of the public.

(4) In all cases, it shall be the obligation of the public records officer or designated assistant to:

(a) Locate the specific document(s) requested by the member of the public in the most timely manner possible;

(b) Assist the member of the public in appropriately identifying the public record requested;

(c) Protect and otherwise prevent damage to the public record being inspected and copied;

(d) Prevent the disorganization of file folders or document containers; and

(e) Prevent excessive interference with the other essential functions of the commission.

(5) Only the staff and commissioners may open files to gain access to commission records.

(6) Original copies of public records of the commission may not be taken from the premises of the commission by a member of the public without being accompanied by staff or a commissioner.

(7) Public inspection and copying of commission records shall be done only in such locations as are approved by the public records officer or designated assistant at locations that must provide an opportunity for staff to ensure that no public record of the commission is damaged, destroyed, unreasonably disorganized, or removed from its proper location or order by a member of the public.

(8) Public records of the commission may be copied only on the copying machine of the commission unless the public records officer or designated assistant authorizes other arrangements.

[Statutory Authority: RCW 44.05.080(1). 01-17-078, 417-02-125, filed 8/16/01, effective 9/4/01.]


AMENDATORY SECTION(Amending WSR 01-17-078, filed 8/16/01, effective 9/4/01)

WAC 417-02-130   Copying.   No fee shall be charged for the inspection of public records. The commission shall charge for copies of public records and the use of commission copy equipment such amount as is necessary to reimburse the commission for its actual cost incident to such copying. The commission shall charge a fee of fifteen cents per page for copying 8.5" x 11" documents as established in RCW ((42.17.300)) 42.56.120. The executive director shall establish other charges based upon actual costs for copying public records. Charges will not be assessed if the total cost involved in a particular request is less than one dollar. If the public records officer or designated assistant deems it more efficient to have copying done outside the office of the commission, the charges will be based on the actual cost of such outside copying service.

[Statutory Authority: RCW 44.05.080(1). 01-17-078, 417-02-130, filed 8/16/01, effective 9/4/01.]


AMENDATORY SECTION(Amending WSR 01-17-078, filed 8/16/01, effective 9/4/01)

WAC 417-02-135   Exemptions.   (1) The public records officer or designated assistant shall delete information from any record prior to permitting public inspection or copying if the information is exempt from disclosure pursuant to RCW ((42.17.310)) 42.56.210 or other law. After such information is deleted, the remainder of the record shall be made available.

(2) To the extent allowed by law, the commission reserves the right to allow the public to inspect but not copy certain public records where there is reason to believe that the ability to copy such records would be a violation of copyright agreements, contracts, or census bureau or other governmental requirements.

(3) Pursuant to RCW ((42.17.260)) 42.56.070, the commission reserves the right to delete identifying details when it makes available or publishes any public record in any cases where there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter ((42.17)) 42.56 RCW. The public records officer or designated assistant will justify such deletion in writing.

(4) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record or information and a brief explanation of how the exemption applies to the records or information withheld.

[Statutory Authority: RCW 44.05.080(1). 01-17-078, 417-02-135, filed 8/16/01, effective 9/4/01.]


AMENDATORY SECTION(Amending WSR 01-17-078, filed 8/16/01, effective 9/4/01)

WAC 417-02-140   Review of denials of public records requests.   (1) Any person who objects to the denial of a request for a public record may petition the commission chair for prompt review of such decisions by rendering a written request for review. The written request shall specifically refer to the written statement by the public records officer or designated assistant, which constituted or accompanied the denial.

(2) Immediately after receiving a written request or review of a decision denying a public record, the public records officer or designated assistant denying the request shall refer it to the commission chair. The chair shall immediately consider the matter and either affirm or reverse, in whole or in part, such denial or call a special meeting of the commission as soon as legally possible to review the denial. In any case, the request shall be returned with a final decision from the chair or commission within two business days following the original denial, in accordance with RCW ((42.17.320)) 42.56.520.

(3) Administrative remedies shall not be considered exhausted until the chair, or in the event of a special meeting scheduled to address the denial, the commission has returned the petition with a decision within two business days of the denial, or until the close of the second business day following the denial, whichever occurs first.

[Statutory Authority: RCW 44.05.080(1). 01-17-078, 417-02-140, filed 8/16/01, effective 9/4/01.]


AMENDATORY SECTION(Amending WSR 01-17-078, filed 8/16/01, effective 9/4/01)

WAC 417-02-155   Records index.   (1) The commission shall implement a records index for the identification and location of official agency records. Those records which are considered exempt for the purposes of this chapter, RCW ((42.17.310)) 42.56.210 and other law shall be noted on the index.

(2) The index shall be available for inspection and copying according to the provisions of WAC 417-02-120.

(3) The index shall be updated quarterly in those months when the commission is convened.

[Statutory Authority: RCW 44.05.080(1). 01-17-078, 417-02-155, filed 8/16/01, effective 9/4/01.]

OTS-3939.2


AMENDATORY SECTION(Amending WSR 01-13-123, filed 6/20/01, effective 7/9/01)

WAC 417-06-130   Format for formal plans.   (1) Any formal plan submitted to the commission shall be submitted in ((one of)) the following approved formats:

(a) ((Paper map submissions: The commission will have available for public purchase paper maps, created using current geographic data provided by the U.S. Bureau of the Census. The maps will be sold for an amount (to be established by the executive director) sufficient to cover the cost to the commission of producing the map copies. Map scale may vary, depending on the population density in the area covered. Maps may be purchased singly or in sets. Formal plan paper map submissions from individuals and groups shall be made on the maps provided by the commission, or on full-size copies thereof. Explanations of the commission's maps, and instructions to users for submission of formal plans, shall be made available free of charge from the commission.

(b))) Electronic submissions: Formal plan electronic submissions from individuals and groups are encouraged, and shall be made on ((3.5-inch floppy disks or on)) either:

(i) CD-ROMs containing a table of equivalencies file giving the census block to district assignments as assignment files in ((dBase, INFO,)) Excel or Access; or

(ii) Text file format containing polygon identification and polygon district assignment columns; or

(iii) As district files containing a district identification number; or

(iv) As a shape file or geodatabase; or

(v) In a format approved by the U.S. Department of Justice.

(b) Paper map submissions: The commission will have available for public purchase paper maps, created using current geographic data provided by the U.S. Bureau of the Census. The maps will be sold for an amount (to be established by the executive director) sufficient to cover the cost to the commission of producing the map copies. Map scale may vary, depending on the population density in the area covered. Maps may be purchased singly or in sets. Formal plan paper map submissions from individuals and groups shall be made on the maps provided by the commission, or on full-size copies thereof. Explanations of the commission's maps, and instructions to users for submission of formal plans, shall be made available free of charge from the commission.

Materials explaining ((this)) these format(s) shall be posted on the commission web site (www.redistricting.wa.gov), and made available free of charge from the commission. The commission shall ((make electronic information available which shall include)) post census and geographic data on the commission web site (www.redistricting.wa.gov). ((The electronic information will be made)) Such data will also be available on CD-ROM at a charge (to be established by the executive director) sufficient to cover the cost to the commission of producing CD-ROM copies of the electronic files.

Each electronic formal plan submission shall be based upon current and official Bureau of the Census geography and Public Law 94-171 file unique block identity code of state, county, tract, and block, and shall be accompanied by a full description of its contents, including an identification by name and/or location of each data file that is contained, a detailed record layout for each such file, a record count for each such file, and a full description of the format.

(2) Individuals and groups submitting formal plans shall supplement their paper map or electronic submissions with the following information: Name, address and telephone number of a contact person; a submission cover letter; the total number of plans submitted; a narrative explanation of the plan's compliance with the constitutional and statutory requirements identified in WAC 417-06-120; and a description of the original source materials and data used for the submission. They may also include with the formal plan such other supporting materials and data as they deem appropriate.

[Statutory Authority: RCW 44.05.080(1). 01-13-123, 417-06-130, filed 6/20/01, effective 7/9/01; 91-20-006, 417-06-130, filed 9/19/91, effective 10/20/91.]


AMENDATORY SECTION(Amending WSR 01-13-123, filed 6/20/01, effective 7/9/01)

WAC 417-06-150   Time and place of submissions.   Early submission of third party plans is encouraged. All submissions and supporting materials should be mailed or delivered to the commission's office (not to a commissioner) in Olympia, or they may be presented to commission staff at any public hearing held by the commission. Submissions may be electronically mailed to the commission's address identified in WAC 417-01-125 ((only if the U.S. Postal Service or other carrier delivers a physical copy of all submission and supporting materials to the commission offices)), or made directly to the commission through any redistricting mapping tool on its web site. The date of the electronically mailed submission shall be the date the delivered materials are received by the commission. The submission envelope, cover letter and all other submission materials should be clearly marked: "Redistricting Plan Submission." The person or organization submitting the plan bears the responsibility and accepts the risk to ensure timely delivery of the plan to the commission. The commission has no responsibility to review untimely or improperly submitted plans.

[Statutory Authority: RCW 44.05.080(1). 01-13-123, 417-06-150, filed 6/20/01, effective 7/9/01; 91-20-006, 417-06-150, filed 9/19/91, effective 10/20/91.]

Washington State Code Reviser's Office