Under Washington State law, what is the membership structure of the Washington State Human Rights Commission (WSHRC)? Here’s my point of view.
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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and signed by the Governor, or enacted via the initiative process), arranged by topic, with amendments added and repealed laws removed.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).
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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