General Provisions Archives • WSHRC Digest

Ethics & Conflicts of Interest

Under Washington State Human Rights Commission (WSHRC) general provisions regulations, what are the rules concerning ethics and conflicts of interest? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. This article may be a repost from one of our retired blogs. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt guidelines regarding ethics and conflicts of interest. See WAC 162-04-050, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[ ], power[ ], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added). Additional statutory authority is provided by RCW 42.18.250, 49.60.120, and chapter 49.60 RCW. See WAC 162-04-050, WA State Legislature Website (bottom of page body).

ETHICS AND CONFLICTS OF INTEREST

WAC 162-04-050 is the relevant regulation, and it addresses ethics and conflicts of interest as follows:

(1) Purpose. This section is intended to guide the commission‘s staff and commissioners on official ethics, and to carry out the policies and purposes of chapter 42.18 RCW, the Executive Conflict of Interest Act, as provided in RCW 42.18.250.

(2) General rule. It is the duty of all employees of the commission and of all commissioners to maintain the highest standard of ethics in all official actions, and specifically to comply strictly with the requirements of the Executive Conflict of Interest Act, chapter 42.18 RCW.

(3) Specific matters. The following applications of the rule are for guidance on common problems and are to serve as examples for extension by analogy; they are not a complete catalog of applications of the general rule:

(a) Dealing with parties. No commission employee who has duties with respect to a complaint pending before the commission shall deal in any way with the complainant or respondent, on a business or personal basis, except for routine transactions done on the same basis as other members of the public transact business with the party. An employee may continue to deal privately with a public utility or continue to shop at a party’s store, if the employee deals with appropriate customer service representatives or salespersons and does not identify his or her official position or mix official business into the transaction. In circumstances unlike these, employees shall either not deal with parties or shall report the matter to the employee’s supervisor, who shall relieve the employee of responsibility for the case. Commissioners who have nonroutine dealings with parties shall abstain from voting or other action on the matter.

(b) Accepting things of value. No commission employee or commissioner shall accept anything of economic value from a party to a complaint before the commission, or from any other person who is dealing with the commission, except under circumstances permitted in RCW 42.18.190. Permitting another person to pay for an employee’s lunch is within the prohibition of this paragraph, but accepting a cup of coffee under normal office hospitality is not. If the coffee is ordered in a restaurant the prohibition of this section applies.

(c) Honoraria for speaking. If the speaking engagement is within the course of a person’s official duties, acceptance of an honorarium or other compensation is prohibited. RCW 42.18.190. Payment of travel expenses and living expenses while traveling, or reimbursement of the commission for these expenses, is not prohibited, if the trip and payment arrangement have been approved by the employee’s supervisor. It is not necessary for a person who is on the program to pay for a meal that is served, or for the price of admission to the seminar, where the custom is to not charge persons on the program for the meal at which they are speaking, or for admission to the seminar. The prohibitions of this subparagraph do not apply to commissioners, because speaking outside of commission meetings is not a duty of commissioners.

(d) Job offers. No employee of the commission shall make or continue an application or request for employment with a party to a case or other matter before the commission while the employee has official duties with respect to that case or matter. If any employee is assigned a case or matter while he or she has an application pending for employment with a party to the case or matter, the employee shall either withdraw the application or report the facts to his or her supervisor. The executive director shall determine whether to relieve the employee from further responsibility for the case or matter. If any employee receives and considers a job offer from a party to a case or other matter pending before the commission with which the employee has official responsibilities, the employee shall report the facts to his or her supervisor and the supervisor shall relieve the employee from any further responsibility for the case or matter.

(4) Indirect transactions. These rules and the Executive Conflict of Interest Act apply to conflicts of interest and ethical problems whether they come directly or indirectly through members of a person’s family, through corporations of which the employee is an officer, director, trustee, partner, or employee, or through other means.

WAC 162-04-050 (emphasis and hyperlinks added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams; Williams Law Group; or the author of this article. Please see our DISCLAIMER.

–gw

WSHRC Membership Structure

Under Washington State law, what is the membership structure of the Washington State Human Rights Commission (WSHRC)? Here’s my point of view.

The membership structure of the WSHRC is laid out in both the Revised Code of Washington (RCW) and the Washington Administrative Code (WAC).

DEFINITION OF RCW & WAC

According to the WA State Legislature Website, the Revised Code of Washington (RCW) is defined as follows:

[A] collection of Session Laws (enacted by the Legislature, and signed by the Governor, or enacted via the initiative process), arranged by topic, with amendments added and repealed laws removed.

Id. And the Washington Administrative Code (WAC) is defined as follows:

Regulations of executive branch agencies are issued by authority of statutes. Like legislation and the Constitution, regulations are a source of primary law in Washington State. The WAC codifies the regulations and arranges them by subject or agency.

Id.

MEMBERSHIP STRUCTURE PER RCW

Per the RCW:

One of the original members of the WSHRC shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, one for a term of five years, but their successors shall be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom the individual succeeds.

RCW 49.60.060.

Members “shall eligible for reappointment.” Id. Vacancies “in the commission shall be filled within thirty days, the remaining members to exercise all powers of the commission.” Id. (hyperlink added). And “[a]ny member of the commission may be removed by the governor for inefficiency, neglect of duty, misconduct or malfeasance in office, after being given a written statement of the charges and an opportunity to be heard thereon.” Id. (hyperlink added).

Importantly, as will be noted below, the WSHRC shall also have the function, power, and duty “[t]o appoint an executive director and chief examiner, and such investigators, examiners, clerks, and other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.” RCW 49.60.120 (emphasis added and hyperlink added).

MEMBERSHIP STRUCTURE PER WAC

Per the WAC, the WSHRC “consists of five members, one of whom is designated as chairperson, appointed by the governor for staggered five-year terms.” WAC 162-04-020. “The executive director is the chief executive. He or she is responsible for carrying out the commission‘s programs and directing the commission‘s staff.” Id. (emphasis and hyperlinks added).

LEARN MORE

–gw

WSHRC: Definition of Civil Rule or CR

Under Washington State Human Rights Commission (WSHRC) regulations, what is the definition of the term “civil rule” or “CR”? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION OF CIVIL RULE OR CR

WAC 162-04-010 is the relevant regulation, and it defines the term “civil rule” or “CR” as follows:

“Civil rule” or “CR” means the superior court civil rules as now or hereafter amended.

WAC 162-04-010 (emphasis added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams; Williams Law Group; or the author of this article. Please see our DISCLAIMER.

–gw

WSHRC: Computation of Time

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what are the rules concerning computation of time? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

The WSHRC maintains four rules to determine how to compute time:

1. DAY OF ACT, EVENT, OR DEFAULT NOT INCLUDED

“In computing any period of time prescribed or allowed by commission rules, by commission order, or by statute, the day of the act, event, or default after which the designated period of time begins to run shall not be included.” WAC 162-08-031.

2. LAST DAY OF PERIOD INCLUDED

“The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a legal holiday[ ][.]” Id.

3. WHEN LAST DAY IS SATURDAY, SUNDAY OR LEGAL HOLIDAY

If the last day of the period so computed “is a Saturday, Sunday or legal holiday, … the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday.” Id.

4. WHEN PERIOD OF TIME IS LESS THAN SEVEN DAYS

“When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall not be counted.” Id.

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw

Who May Appear and Practice

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, who may appear in a representative capacity before the commission or an administrative law judge for a human rights hearing? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt rules concerning who may appear and practice. See WAC 162-08-021, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[ ], power[ ], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

FOUR CATEGORIES

Accordingly, the WSHRC has adopted a rule mandating that the following persons may appear in a representative capacity before the commission or an administrative law judge for a human rights hearing:

(1) WASHINGTON LAWYER

An attorney at law entitled to practice before the supreme court of the state of Washington;

(2) OTHER LAWYER

An attorney at law entitled to practice before the highest court of record of any other state, if attorneys at law of the state of Washington are permitted to appear in a representative capacity before administrative agencies of such other state, and if not otherwise prohibited by Washington law;

(3) LEGAL INTERN

A legal intern licensed to engage in the practice of law in the state of Washington under admission to practice Rule 9;

(4) OFFICER, ETC.

A bona fide officer, partner, or full time employee of an association, partnership, or corporation appearing for the association, or one of its members for the partnership, or corporation.

WAC 162-08-021.

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw

Service and Filing of Papers

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) Practice-and-Procedure Regulations, what is the rule for service and filing of papers? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt rules concerning service and filing of papers. See WAC 162-08-211, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[ ], power[ ], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

THE SEVEN GUIDELINES

The WSHRC has adopted the following rules for filing and service of process:

1. HOW SERVED

Service of papers may be made personally or by first-class mail, registered or certified mail, or telegraph, or by leaving a copy at the principal office or place of business of the person to be served.

2. WHO SERVES

The commission shall cause to be served all orders, notices and other papers issued by it, together with any other papers which it is required by law to serve. Every other paper shall be caused to be served by the party filing it.

3. UPON WHOM SERVED

All papers served by the commission or any party shall be served at the time of filing upon all counsel of record and upon parties not represented by counsel or upon their agents designated by them or by law. Any counsel entering an appearance subsequent to the initiation of the proceeding shall notify all other counsel then of record and all parties not represented by counsel of such fact.

4. SERVICE ON COMMISSION

In a matter pending before the commission or an administrative law judge in which the commission is being represented by the attorney general or a staff person other than the clerk, service on the commission shall be made by serving the attorney or staff person who is acting for the commission. In such matters, filing a paper with the clerk is not service on the commission. Service of a petition for judicial review under the Administrative Procedure Act, chapter 34.05 RCW, is governed by RCW 34.05.542 and not by these rules.

5. SERVICE BY MAIL

If service is made by mail, the papers shall be deposited in the post office addressed to the person on whom they are being served, with the postage prepaid. Unless earlier receipt is shown, service by mail shall be deemed complete upon the third day following the day upon which the papers are placed in the mail, unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday or legal holiday following the third day.

6. FILING, GENERALLY

Papers required to be filed with the commission shall be deemed filed on actual receipt at the commission’s Olympia or Seattle office, or other place previously specified, accompanied by proof of service on any parties required to be served.

7. FILING WITH ADMINISTRATIVE LAW JUDGE

Papers required to be filed with an administrative law judge shall be filed with the clerk, 402 Evergreen Plaza, Mailstop FJ-41, Olympia, WA 98504, unless otherwise directed. They must be accompanied by proof of service on all parties required to be served. The original of each paper shall be filed, accompanied by two copies.

WAC 162-08-041 (emphasis and hyperlinks added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw

WSHRC: Term-Usage Guidelines

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations, what are the term-usage guidelines for the Practice-and-Procedure Chapter? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

WSHRC TERM-USAGE GUIDELINES: SHALL, MAY, WILL, MUST

Under the Practice-and-Procedure Chapter, the terms “Shall,” “May,” “Will,” and “Must” have special meaning as follows:

“Shall” expresses a command.
“May” expresses permission.
“Will” expresses the future occurrence of an event.
“Must” expresses a requirement that has to be met only if a person chooses to do something which the person is free to do or not to do. Example: “A respondent who wishes to raise any matter constituting an avoidance or affirmative defense … must plead the matter as an affirmative defense…”

WAC 162-08-017 (emphasis added). Within this Chapter, the terms are used in the senses expressed, unless the context indicates otherwise. Id.

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw

WSHRC Definition of Commission

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations (general provisions), what is the definition of the term “commission”? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

DEFINITION

WAC 162-04-010 is the relevant regulation, and it defines the term as follows:

“Commission” means the Washington state human rights commission.

WAC 162-04-010 (emphasis and hyperlink added). The term is further defined within the context of chapter 162-08 WAC–Practice and Procedure–as follows:

“Commission” means the Washington state human rights commission as an institution, whether acting through the commissioners, an administrative law judge, the executive director or staff, its legal counsel, or others, except where the context indicates one of the narrower meanings.

WAC 162-08-017. In any event, the term is used with the meaning given, unless the context clearly indicates another meaning. See WAC 162-04-010; WAC 162-08.

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw

WSHRC Definition of Executive Director

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) regulations (general provisions), what is the definition of the term “executive director”? Here’s my point of view. (NOTE: please read our DISCLAIMER before proceeding).

WSHRC DEFINITION

WAC 162-04-010 is the relevant regulation, and it defines the term as follows:

“Executive director” means the executive director of the commission appointed pursuant to RCW 49.60.120(1).

WAC 162-04-010 (emphasis and hyperlink added). The term is used with the meaning given, unless the context clearly indicates another meaning. Id.

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw

Public Access To Records

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) general provisions regulations, what are the rules concerning public access to records? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt regulations regarding public access to records . See WAC 162-04-030, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

PUBLIC ACCESS TO RECORDS

WAC 162-04-030 is the relevant regulation, and it addresses public access to records as follows:

(1) Records available.

(a) General rule and exceptions. All public records as defined by chapter 42.17 RCW (this includes photographs, tapes, and other materials as well as written documents) prepared, owned, used or retained by the Washington state human rights commission shall be available for public inspection and copying during normal office hours in the office where they are located, except for the following:

(i) Personal information in files maintained for the commission‘s employees or members to the extent that disclosure would violate their right to privacy.

(ii) The file, except for the complaint, compiled in investigating a complaint filed under RCW 49.60.230, during the time until a finding as provided by RCW 49.60.240 or settlement is adopted by the commission or the case is referred to the attorney general for preparation for public hearing. Specific records in the file may be kept sealed and not made available after this time if the executive director has issued a protective order which states the general nature of the records and the reason why they are not open to inspection, and the records are exempt from public inspection under RCW 42.17.310.

(iii) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended, except that a specific record shall not be exempt when publicly cited by the commission or another agency in connection with any agency action.

(iv) Records which are relevant to a controversy to which the commission is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

(v) Any other information which is exempt from public inspection under RCW 42.17.310 and where disclosure would violate personal privacy or vital government interest.

(b) Conditions which override the exceptions. Even where it comes within one of the above exceptions to public access, a particular record shall nevertheless be available for inspection and copying if:

(i) Its disclosure would not violate personal privacy or impair a vital governmental interest;

(ii) The information which would violate personal privacy or impair a vital governmental interest can be deleted from the record; or

(iii) The record contains statistical information not descriptive of any readily identifiable person or persons.

(2) Copying. Persons may copy any record which may be inspected. In offices where a copying machine is kept by the commission, machine copies shall be made available to a person on request. No charge shall be made for up to ten sheets in connection with a single request, but ten cents a sheet shall be charged for each sheet beyond ten. Copying facilities may be denied when making them available would unreasonably disrupt the operation of the office, because of the volume of copying or other valid reasons. The absence or unavailability of agency copying facilities shall be given weight in determining whether there are special circumstances justifying removal of a record from the office as provided in subsection (3) of this section.

(3) Protection of records. No record shall be allowed to be removed from a commission office by anyone other than a staff member or other officially authorized person unless special circumstances make the removal necessary or desirable, and protection of the record is reasonably assured. Before such removal is allowed a receipt itemizing the contents of the record and giving the address and telephone number of the place where it will be kept shall be signed by the person taking the record and approved in writing by the person in charge of the office or division responsible for the record.

(4) Personnel records. Requests for inspection of materials in the personnel files of commission employees or members shall be referred to the executive director, or in his or her absence, the deputy director, and promptly acted upon by him or her. When inspection is denied, it shall be the responsibility of the person making that decision to issue within twenty-four hours the written statement required by RCW 42.17.310(4) and 42.17.320 identifying RCW 42.17.310 (1)(b) as the exemption authorizing withholding of the record, and explaining how inspection of the record would violate the employee’s or commissioner’s right of privacy. The decision of the executive director or deputy director shall be final agency action for purposes of judicial review.

(5) Other records; review of denial. Requests for inspection of records not in the personnel files of commission employees or members (that is, not covered by subsection (4) of this section) shall be acted upon immediately by the staff person who has charge of the record at the time the request is made. When that person believes that a request to inspect a record must be denied, he or she shall immediately contact his or her supervisor by telephone and obtain concurrence from the supervisor before denying inspection. The supervisor shall then issue, or cause to be issued, the written statement required by RCW 42.17.310(4) and chapter 42.17 RCW identifying the specific exemption authorizing the withholding of the record (or part) and briefly explaining how the exemption applies to the record withheld. A copy of the statement shall be immediately delivered or mailed to the deputy director.

(6) Interpretation. It is the policy of the Washington state human rights commission to carry out the spirit as well as the letter of chapter 42.17 RCW, and thus to afford the public maximum access to its records, subject to necessary respect for the right of individuals to privacy and the need for efficient administration of government. This regulation shall be interpreted in light of that spirit and this policy.

WAC 162-04-030 (emphasis added) (hyperlinks added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw

State Environmental Policy Act

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) general provisions regulations, what are the rules concerning the State Environmental Policy Act? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt regulations regarding the State Environmental Policy Act. See WAC 162-04-040, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

STATE ENVIRONMENTAL POLICY ACT

WAC 162-04-040 is the relevant regulation, and it addresses the State Environmental Policy Act as follows:

Pursuant to RCW 43.21C.120 and the SEPA guidelines, chapter 197-11 WAC, the commission has reviewed its authorized activities and has found them all to be exempt under the provisions of chapter 197-11 WAC.

WAC 162-04-040 (emphasis added) (hyperlinks added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw

Protective Orders to Seal Produced Documents

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) general provisions regulations, what are the rules concerning protective orders to seal produced documents? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt regulations regarding protective orders to seal produced documents. See WAC 162-04-035, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added).

PROTECTIVE ORDERS TO SEAL PRODUCED DOCUMENTS

WAC 162-04-035 is the relevant regulation, and it addresses protective orders to seal produced documents as follows:

(1) May be requested. Any person who is asked or compelled to produce records may request a protective order to have a particular document or part of document that has been produced or will be produced kept confidential for official use only, without public access.

(2) To whom addressed. Prior to notice of hearing, a request for a protective order shall be made to the chairperson of the commission pursuant to the procedures established in WAC 162-08-020. After notice of hearing, a request for a protective order shall be made by motion to the administrative law judge, as provided in WAC 162-08-263(3).

(3) Form of request. Requests for a protective order shall be in written affidavit form and shall state the requestor’s reasons why a protective order should be issued for the documents covered.

(4) Grounds for issuance. A protective order may be made only upon findings that:

(a) The document or part of document is exempt from public disclosure under RCW 42.17.260 and 42.17.310 (Initiative 276) and the commission‘s implementing regulation, WAC 162-04-030, and;

(b) The requestor has shown legitimate need for confidentiality of the document or part of document.

(5) Form of order. The protective order shall be in writing and shall bear the caption of the case, date of entry of the order, and signature of the executive director or other authorized staff person or the administrative law judge. The text of the order shall contain:

(a) A description in general terms of each document covered by the order. Example: “Report dated . . . . . . . . of Dr. . . . . . . . . to respondent on results of physical examination of the complainant, two pages.”

(b) A statement of the specific exemption from the disclosure provisions of chapter 42.17 RCW authorizing the withholding of the record or part of record and a brief explanation of how the exemption applies to what is withheld. See RCW 42.17.310(4).

(c) A statement of why there is need for confidentiality of the document or part of document.

(6) Filing of order. The protective order shall be affixed to a sealed envelope containing the protected document and both shall be kept in the case file, or, alternatively, the original order and protected document may be kept at another place and a copy of the protective order placed in the case file along with a notation as to where the original order and protected document are kept.

(7) Effect of order. Except as may be provided in the protective order, documents covered by the protective order shall not be revealed to anyone other than commissioners, members of the commission‘s staff, and the commission‘s legal counsel for official purposes and shall not become public when the rest of the file becomes public as provided in WAC 162-04-030 (1)(a)(ii), but:

(a) Nothing shall prevent the use of a protected document in an administrative hearing or court case, including admission of the document into the public record of the hearing or case, and;

(b) Nothing herein is intended to prevent a court from ordering production of a protected document under RCW 42.17.310(3) or other authority.

(8) Other protective orders. Issuance of other kinds of protective orders concerning discovery is governed by WAC 162-08-096.

WAC 162-04-035 (emphasis added) (hyperlinks added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw

Clerk

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) general provisions regulations, what are the rules concerning clerks? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 49.60.120(3) is the statutory authority enabling the WSHRC to adopt regulations regarding clerks. See WAC 162-04-026, WA State Legislature Website (bottom of page body). The statute declares that the WSHRC has “the function[], power[], and dut[y] … [t]o adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.” RCW 49.60.120(3) (hyperlinks added). Additional statutory authority is provided by RCW 42.18.250, 49.60.120, and chapter 49.60 RCW. See WAC 162-04-026, WA State Legislature Website (bottom of page body).

CLERK

WAC 162-04-026 is the relevant regulation, and it addresses clerks as follows:

(1) Designation. The executive director with the advice and consent of the chairperson shall designate a staff member to serve as clerk of the commission.

(2) Qualifications. The person designated as clerk shall not have any duties involving the investigation or conciliation of complaints or the prosecution of administrative hearings. If the clerk has been actively involved in the investigation or conciliation of a case or the prosecution of an administrative hearing in any capacity other than as clerk, he or she shall not thereafter serve as clerk for that case, and a substitute clerk shall be designated. The purpose of this subsection is to ensure compliance with chapter 34.05 RCW, restricting consultation with hearing officers, and RCW 49.60.250(2).

(3) Duties. The clerk shall have the duty and power to:

(a) Attend commission meetings and provide aid and services to the chairperson and commissioners as requested by the executive director.

(b) Assist the chairperson of the commission in requesting appointment of an administrative law judge, issuing notices of hearing and carrying out all other duties of the chairperson under RCW 49.60.250.

(c) Keep custody of the minutes of commission meetings, declaratory rulings, rule-making orders, and the commission‘s order register, and other records of action by the commissioners.

(d) Keep custody of the file of complaints after they are referred to the commission for action or report of no reasonable cause at a meeting, or upon certification of the file to the chairperson under RCW 49.60.250(1). The clerk shall deliver the investigator’s file of cases ready for hearing to the commission‘s chief counsel at the onset of the contested case process and shall obtain return of the file when litigation is completed.

(e) Respond to requests for information on actions by the commissioners or administrative law judge and furnish copies of records and files in the clerk‘s possession pursuant to WAC 162-04-030, Public access to records.

(f) Have custody of the commission‘s seal.

(g) Certify copies of commission records under the commission‘s seal.

(h) Serve as clerk of administrative hearings. In this capacity, the clerk, subject to the direction of the administrative law judge, shall keep custody of the official file of the administrative hearing, date stamp and file all papers filed in the proceeding when the hearing is not convened, serve all notices and papers required to be served by the administrative law judge, make the physical arrangements for hearings, provide for making and preserving the record of hearings, respond to inquiries about administrative practices and procedures, and generally do all things necessary and appropriate for the clerk of a judicial body to do.

(i) Serve as personal advisor to the chairperson of the commission and administrative law judge on matters relating to the hearing process.

(j) Perform such other duties as the chairperson of the commission or the administrative law judge shall assign from time to time, consistent with their duties.

(4) Upon direction from the chairperson of the commission, the administrative law judge, or the executive director, whichever is the appropriate authority, the clerk may enter upon his or her own signature, procedural orders, notices of hearing, orders appointing administrative law judges, notices of rule making, and similar items.

(5) Independence. The clerk when assisting the chairperson of the commission to carry out the chairperson‘s duties under RCW 49.60.250 and when serving as clerk of an administrative hearing shall be free from supervision of the executive director and other staff members of the commission to the extent necessary to ensure that the chairperson of the commission and the administrative law judges are free from influence from staff persons having a prosecutorial function.

WAC 162-04-026 (emphasis added) (hyperlinks added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw

Chairperson Pro Tem

by Gregory Williams, Esq. | Under Washington State Human Rights Commission (WSHRC) general provisions regulations, what are the rules concerning chairpersons pro tem? Here’s my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE STATUTORY AUTHORITY (RCW)

RCW 42.18.250, 49.60.120, and chapter 49.60 RCW is the statutory authority enabling the WSHRC to adopt regulations regarding chairpersons pro tem. See WAC 162-04-024, WA State Legislature Website (bottom of page body).

CHAIRPERSON PRO TEM

WAC 162-04-024 is the relevant regulation, and it addresses chairpersons pro tem as follows:

(1) The commission may designate one of its members as chairperson pro tem for a particular time or for an indefinite time, to serve at the will of the commission. If the commission has not designated a chairperson pro tem and the chairperson is absent from the state, ill, or otherwise unable to carry out the duties of chairperson, then the most senior member of the commission other than the chairperson shall serve as chairperson pro tem until the chairperson is again able to carry out the duties of chairperson.

(2) The chairperson pro tem may exercise all of the powers of the chairperson during the time when the chairperson is absent, ill, or otherwise unable to carry out the duties of chairperson.

WAC 162-04-024 (emphasis added) (hyperlinks added).

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with Law Office of Gregory A. Williams, P.S., Inc.; Williams Law Group, PS; or the author of this article. Please see our DISCLAIMER.

–gw