WSR 15-23-022
[Filed November 7, 2015, 6:20 p.m.]
Continuance of WSR 15-17-134.
Preproposal statement of inquiry was filed as WSR 13-03-082.
Title of Rule and Other Identifying Information: WAC 390-12-200 Public disclosure commissionExecutive director.
Hearing Location(s): 711 Capitol Way, Room 206, Olympia, WA, on January 28, 2016, at 9:30 a.m.
Date of Intended Adoption: January 28, 2016.
Submit Written Comments to: Lori Anderson, P.O. Box 40908, Olympia, WA 98504-0908 (mail), 711 Capitol Way, Room 206, Olympia, WA (physical), e-mail, fax (360) 753-1112, by January 20, 2016.
Assistance for Persons with Disabilities: Contact Jana Greer by phone (360) 586-0544.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Better clarify the duties delegated to the executive director by the commission. Also authorizes the director to determine when a complaint may be disposed of through an alternative resolution rather than the adjudicative process (see WSR 15-17-133 and 15-21-088).
Reasons Supporting Proposal: The existing rule does not clearly state the duties of the executive director. The proposed amendment better informs the public what the executive director's duties are. Furthermore, authorizing the executive director to determine when a complaint may be resolved through an alternative response instead of enforcement procedures contained in the Administrative Procedure Act is a more efficient use of commission resources and is intended to expedite resolution of the complaints filed with the commission.
Statutory Authority for Adoption: RCW 42.17A.110(1).
Statute Being Implemented: RCW 42.17A.110(2).
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: No increased costs to the agency are expected.
Name of Agency Personnel Responsible for Drafting: Lori Anderson, 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2737; Implementation: Chair, Public Disclosure Commission (PDC), 711 Capitol Way, Room 206, Olympia, WA 98504, (360) 664-2737; and Enforcement: Chair, PDC, 711 Capitol Way, Room 206, Olympia, WA 98504, (306) [(360)] 586-1042.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of these rule amendments has minimal impact on small businesses. The PDC is not subject to the requirement to prepare a school district fiscal impact statement, per RCW 28A.305.135 and 34.05.320.
A cost-benefit analysis is not required under RCW 34.05.328. The PDC is not an agency listed in subsection (5)(a)(i) of RCW 34.05.328. Further, the PDC does not voluntarily make that section applicable to the adoption of these rules pursuant to subsection (5)(a)(ii) and to date, the joint administrative rules review committee has not made the section applicable to the adoption of these rules.
November 7, 2015
Lori Anderson
Communications and
Training Officer
AMENDATORY SECTION (Amending WSR 85-15-020, filed 7/9/85)
WAC 390-12-200 Public disclosure commission—Role of the executive director.
((The commission shall employ and fix the compensation of an executive director who shall perform the following duties under the general authority and supervision of the commission:
(1) Act as records officer and administrative arm of the commission.
(2) Coordinate the policies of the commission and the activities of all commission employees and other persons who perform ministerial functions for the commission.
(3))) The executive director acts as the commission's chief administrative officer and is accountable to the commission for agency administration. In addition, the executive director will:
(1) Act as the appointing authority for agency staff, including the authority to hire, set salaries, promote, assign work, evaluate, take corrective action and, where appropriate, terminate staff.
(2) Exercise such other management oversight, decision-making and administrative action to provide timely and meaningful public access to accurate information about the financing of political campaigns, lobbyist expenditures, and the financial affairs of public officials and candidates, and to ensure compliance with and equitable enforcement of Washington's disclosure and campaign finance laws.
(3) Determine when appropriate and authorize enforcement alternatives set out in chapter 390-37 WAC to resolve complaints filed with the commission.
(4) Act as liaison between the commission and other public agencies.
(5) Research, develop, and draft policy positions, administrative rules, interpretations and advisory options for presentation to the commission.
(6) Enter into contracts and agreements on behalf of the commission.
(7) The executive director may delegate authority to subordinates to act for him or her as needed and appropriate.