WSR 11-19-024

PERMANENT RULES

WASHINGTON CITIZENS' COMMISSION ON

SALARIES FOR ELECTED OFFICIALS

[ Filed September 9, 2011, 10:21 a.m. , effective October 10, 2011 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Revise chapters 183-01, 183-05, and 183-07 WAC to better inform the public about the commission's operating policies and procedures and revise chapter 183-08 WAC to reflect changes made to RCW 43.03.305 by the 2011 legislature.

Citation of Existing Rules Affected by this Order: Amending chapters 183-01, 183-05, 183-07, and 183-08 WAC.

Statutory Authority for Adoption: RCW 43.03.305 through [43.03].310.

Adopted under notice filed as WSR 11-15-056 on July 18, 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 4, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: September 1, 2011.

Teri Wright

Director

OTS-4090.1


AMENDATORY SECTION(Amending WSR 09-19-112, filed 9/22/09, effective 10/23/09)

WAC 183-01-020   Authority and duties.   The ((commission's authority and duties are described)) commission has sole authority for setting the salaries of the elected officials in the executive, legislative, and judicial branches of Washington state government as described in Article 28, section 1 of the state Constitution and in RCW 43.03.310.

[Statutory Authority: RCW 43.03.300 through 43.03.310. 09-19-112, 183-01-020, filed 9/22/09, effective 10/23/09; 09-12-077, 183-01-020, filed 6/1/09, effective 7/2/09.]


NEW SECTION
WAC 183-01-030   Schedule of salaries adopted by the commission.   The biennial salaries adopted by the commission can be found on the commission's web site at www.salaries.wa.gov or in RCW 43.03.011 (executive branch), 43.03.012 (judicial branch), and 43.03.013 (legislative branch).

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OTS-4091.1


AMENDATORY SECTION(Amending WSR 09-12-077, filed 6/1/09, effective 7/2/09)

WAC 183-05-010   Purpose.   The purpose of this chapter is to:

(1) Implement the public records provisions of chapter 42.56 RCW.

(2) Establish processes and procedures for both requestors and commission staff to follow that will assist members of the public to obtain full access to the commission's public records.

[Statutory Authority: RCW 43.03.300 through [43.03].310. 09-12-077, 183-05-010, filed 6/1/09, effective 7/2/09.]

OTS-4092.1


AMENDATORY SECTION(Amending WSR 09-12-077, filed 6/1/09, effective 7/2/09)

WAC 183-07-010   Meetings.   The commission conducts its meetings in compliance with the Open Public Meetings Act, chapter 42.30 RCW.

(1) Other than executive sessions, the commission's regular meetings, special meetings, and emergency meetings are open to the general public.

(2) Regular meetings. In conformance with the requirement of RCW 43.03.310(6) that the commission schedule at least four public hearings to take public testimony on its proposed salary schedule, the commission shall schedule such hearings by majority vote. The public hearings so scheduled shall be "regular meetings" as defined by RCW 42.30.075. The commission shall fix the time and place of these public hearings and publish a schedule in the Washington State Register, in accordance with chapter 42.30 RCW, the Open Public Meetings Act.

(3) Special meetings. The chair, presiding officer, or a majority of commission members may call a special meeting at any time in accordance with RCW 42.30.080. In addition, the time and place of special meetings that are scheduled at the same time that the regular meetings described in subsection (1) of this section are scheduled will also be published in the Washington State Register.

(4) Regular meetings and special meetings may be adjourned prior to the published end time if all business has been conducted.

(5) Executive sessions. The chair, presiding officer, or a majority of commission members may call an executive session at any time in accordance with RCW 42.30.110. Executive sessions are not open to the public. Commission staff will attend any executive sessions called except the chair or presiding officer will excuse staff when the purpose of the executive session is to discuss personnel matters.

(6) The presence of at least one-half of the members of the commission shall constitute a quorum.

(7) The affirmative vote of at least nine members of the commission is required to set a schedule of salaries as defined in RCW 43.03.310(4).

(8) The commission shall maintain records of meeting proceedings as minutes; duly recorded, and maintained at the commission's office.

[Statutory Authority: RCW 43.03.300 through [43.03].310. 09-12-077, 183-07-010, filed 6/1/09, effective 7/2/09.]


AMENDATORY SECTION(Amending WSR 09-12-077, filed 6/1/09, effective 7/2/09)

WAC 183-07-020   Conduct of meetings and order of business.   (1) All commission meeting business shall be transacted by motion. Motions may be made by any commission member and shall require a second.

(2) Voting on all motions shall be by voice vote unless a record of the vote is called for in which case the executive director shall call the roll in alphabetical order and record the vote of each member present, "yea" or "nay."

(3) The chair and vice-chair are voting members of the commission.

(4) The order of commission meeting business shall be conducted as prescribed by the agenda.

(5) The executive director shall prepare each meeting's agenda in consultation with the chair.

(6) The commission shall approve the minutes of the preceding meeting as the first act of each meeting.

(7) The chair or ((any commission member)) presiding officer may modify ((a meeting's)) the agenda ((by motion)) of a meeting if deemed necessary or beneficial.

[Statutory Authority: RCW 43.03.300 through [43.03].310. 09-12-077, 183-07-020, filed 6/1/09, effective 7/2/09.]

OTS-4093.2

Chapter 183-08 WAC

COMMISSION MEMBERSHIP, APPOINTMENTS, AND VACANCIES


AMENDATORY SECTION(Amending WSR 09-12-077, filed 6/1/09, effective 7/2/09)

WAC 183-08-010   Membership.   Membership on the commission is as defined in RCW 43.03.305.

(1) One member from each congressional district is selected randomly by the secretary of state from the rolls of registered voters.

(2) Seven commissioners are selected jointly by the speaker of the house of representatives and the president of the senate. Of these seven members, one is selected from each of the following five sectors: Private institutions of higher education, business, professional personnel management, legal profession, and organized labor. Of the remaining two members, one is recommended to the speaker of the house of representatives and the president of the senate by the chair of the Washington personnel resources board and one is recommended by majority vote of the presidents of the state's four-year institutions of higher education.

[Statutory Authority: RCW 43.03.300 through [43.03].310. 09-12-077, 183-08-010, filed 6/1/09, effective 7/2/09.]


NEW SECTION
WAC 183-08-015   Eligibility criteria.   (1) No state official, lobbyist, or public employee, or immediate family member of the state official, lobbyist, or public employee is eligible for membership on the commission.

Definitions:

(a) "Immediate family" means:

(i) The parents, spouse or domestic partner, siblings, children, or dependent relative of the state official or lobbyist whether or not they live in the home of the state official or lobbyist;

(ii) The parents, spouse or domestic partner, siblings, children, or dependent relative of the public employee who live in the home of the employee; and

(iii) Any person who is dependent, in whole or in part, for his or her support upon the earnings of a state employee.

(b) "Lobbyist" means any person required to be registered as a lobbyist in the state of Washington under the provisions of chapters 42.17 and 42.17A RCW.

(c) "Public employee" means any person who, at the time of selection, is an officer or employee of any governmental body or political subdivision located in the state of Washington including, but not limited to, the agencies of the federal, state, or county government or any other municipal corporation operating under federal or state law or local ordinance. Generally, this means any person whose salary is paid by public or tax dollars.

(d) "State official" means the elected officials in the executive, legislative, and judicial branches of Washington state government.

(2) Any person selected from a congressional district must be a registered voter and, at the time of selection, be eligible to vote in the congressional district from which he or she was selected.

(3) Any person selected jointly by the speaker of the house of representatives and the president of the senate must be a resident of Washington and have had experience in personnel management.

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AMENDATORY SECTION(Amending WSR 09-12-077, filed 6/1/09, effective 7/2/09)

WAC 183-08-020   Appointments.   ((The secretary of state and the speaker of the house of representatives and the president of the senate shall forward the names of the persons selected as described in RCW 43.03.305(3) and WAC 434-209-080 to the governor for appointment.)) (1) The secretary of state will forward the names of the persons selected as described in WAC 183-08-010(1) and chapter 434-209 WAC to the governor for appointment not later than the first day of July, every two years.

(2) The speaker of the house of representatives and the president of the senate will forward the names of the persons jointly selected by them as described in WAC 183-08-010(2) to the governor for appointment not later than the first day of July, every two years.

(3) The governor will appoint to the commission those persons whose names have been submitted by the secretary of state and the speaker of the house of representatives and the president of the senate.

[Statutory Authority: RCW 43.03.300 through [43.03].310. 09-12-077, 183-08-020, filed 6/1/09, effective 7/2/09.]


AMENDATORY SECTION(Amending WSR 09-12-077, filed 6/1/09, effective 7/2/09)

WAC 183-08-030   Term of office.   (1) The governor shall appoint the individuals selected ((under RCW 43.03.305 to the commission for a four-year term.)) by the secretary of state and the speaker of the house of representatives and the president of the senate to the commission for a four-year term that begins on July 1st and ends on June 30th.

(2) No person may serve more than two terms.

(3) When an individual is appointed to fill an unexpired term, that term constitutes his or her first term. The term of office is from the date of appointment until the end of the unexpired term of the position being vacated.

[Statutory Authority: RCW 43.03.300 through [43.03].310. 09-12-077, 183-08-030, filed 6/1/09, effective 7/2/09.]


AMENDATORY SECTION(Amending WSR 09-12-077, filed 6/1/09, effective 7/2/09)

WAC 183-08-040   ((Vacancy.)) Vacancies.   (1) Upon a vacancy in any position on the commission, ((a successor shall be selected and appointed to fill the unexpired term of the previous member in accordance with RCW 43.03.305(6) and WAC 434-209-090 if the vacancy is in a congressional district.)) due to a resignation or the member becoming ineligible to serve, a successor will be selected and appointed to fill the unexpired term of the previous member within thirty days of the date the position became vacant. The selection must be done in the same manner as the original appointment.

(a) The selection and appointment to fill a vacancy in a congressional district will be conducted in accordance with WAC 183-08-010(1), 183-08-020 (1) and (3), and 434-209-090.

(b) The selection and appointment to fill a vacancy in a position recommended jointly by the speaker of the house of representatives and the president of the senate shall be conducted in accordance with WAC 183-08-010(2) and 183-08-020 (2) and (3).

(2) Upon a vacancy in any position on the commission due to a commissioner having two unexcused absences as defined in RCW 43.03.305(4), the executive director will send a letter to that commissioner informing him or her of the relinquishment of his or her position on the commission. The ((selection and appointment to fill the vacancy shall be conducted in accordance with RCW 43.03.305(6) and WAC 434-209-090 if the vacancy is in a congressional district.)) position will be filled under the provisions of WAC 183-08-040(1).

(3) The initial member from a newly created congressional district will be selected and appointed within ninety days of the creation of the district and in the manner described in WAC 183-08-010(1) and 183-08-020(3).

[Statutory Authority: RCW 43.03.300 through [43.03].310. 09-12-077, 183-08-040, filed 6/1/09, effective 7/2/09.]


NEW SECTION
WAC 183-08-050   Removal of a member for cause.   (1) No member of the commission may be removed by the governor during his or her term of office unless for cause of incapacity, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change of residence.

(2) A disqualifying change of residence would occur if:

(a) A member moves out of the state of Washington; or

(b) A member selected from a congressional district moves out of the boundaries of his or her district.

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Washington State Code Reviser's Office