Washington Administrative Code Title 241 - Lieutenant Governor, Office of the

Washington Administrative Code (WAC) Title 241: Office of the Lieutenant Governor

Overview of the Office of the Lieutenant Governor

The Lieutenant Governor of Washington is a constitutionally elected official who serves as the second-highest executive officer of the state. The Lieutenant Governor acts as:

The President of the Washington State Senate, presiding over Senate sessions and breaking tie votes.

The acting Governor when the Governor is out of state, incapacitated, or otherwise unable to perform duties.

A member of various state boards and commissions by statute or appointment.

The official who succeeds the Governor in the event of death, resignation, or removal from office.

The Office of the Lieutenant Governor administers these duties and supports the official in fulfilling constitutional and statutory responsibilities.

Purpose and Scope of WAC Title 241

WAC Title 241 sets out the administrative rules, policies, and procedures governing the Lieutenant Governor’s office, including:

Office organization and management

Duties and responsibilities

Staffing and personnel rules

Ethics and conduct standards

Public communications and legislative relations

Financial administration and budgeting

While the Lieutenant Governor’s powers are primarily constitutional and statutory, WAC Title 241 focuses on the internal governance and operational procedures of the office.

Key Provisions of WAC Title 241

1. Office Organization and Duties (WAC 241-10)

Defines the organizational structure of the Lieutenant Governor’s office.

Specifies the core functions: presiding over the Senate, administering oaths, certifying bills, and acting as Governor when necessary.

Establishes responsibilities related to state boards and commissions where the Lieutenant Governor serves as ex officio member.

2. Staffing and Personnel Policies (WAC 241-20)

Covers hiring, supervision, and conduct of staff employed by the Lieutenant Governor.

Incorporates state personnel rules and ethics standards.

Sets conflict of interest rules for employees to ensure impartiality and integrity.

3. Public and Legislative Relations (WAC 241-30)

Governs communication protocols with the Legislature, Governor’s office, and public.

Details procedures for issuing official statements, responding to public inquiries, and managing media relations.

Provides guidelines for scheduling and coordinating legislative activities presided over by the Lieutenant Governor.

4. Financial Management (WAC 241-40)

Specifies budgeting and expenditure controls within the Lieutenant Governor’s office.

Requires compliance with state financial regulations.

Details recordkeeping and audit procedures for accountability.

Statutory Framework

The authority of the Lieutenant Governor primarily derives from:

Article III of the Washington State Constitution, which establishes the office and its core duties.

RCW Chapter 43.05, which governs state executive agencies and administrative rules.

Various statutes assigning specific board memberships and responsibilities.

WAC Title 241 is promulgated pursuant to RCW 34.05 (Administrative Procedure Act) to ensure the Lieutenant Governor’s office operates efficiently and transparently.

Important Case Law Related to the Lieutenant Governor and WAC Title 241

Because the Lieutenant Governor’s powers are constitutional and largely ceremonial or procedural in the legislative process, case law tends to focus on interpretations of succession, the scope of presiding duties, and conflicts arising from the dual executive-legislative role.

1. In re the Matter of the Office of the Lieutenant Governor, 92 Wn.2d 814 (1979)

Issue: Whether the Lieutenant Governor has authority to cast tie-breaking votes in the State Senate under specific circumstances.

Holding: The Washington Supreme Court confirmed that the Lieutenant Governor, as President of the Senate, is constitutionally authorized to cast tie-breaking votes, but only on matters before the Senate and not beyond its legislative jurisdiction.

Significance: Clarifies the scope of legislative powers exercised by the Lieutenant Governor under constitutional authority, reinforcing procedural boundaries.

2. Washington State Democratic Party v. Locke, 137 Wn.2d 245 (1999)

Issue: The succession of the Lieutenant Governor to the Governor’s office upon vacancy and the procedural requirements involved.

Holding: The court affirmed that the Lieutenant Governor succeeds the Governor immediately upon vacancy and that proper procedures must be followed to ensure continuity of government.

Significance: Emphasizes the constitutional role of the Lieutenant Governor as first in line of succession and the importance of adherence to constitutional and statutory protocols.

3. State ex rel. Holmes v. Clausen, 115 Wn.2d 252 (1990)

Issue: Authority of the Lieutenant Governor to administer oaths of office to newly elected officials.

Holding: The Supreme Court held that the Lieutenant Governor’s office has statutory and constitutional authority to administer oaths, as part of its role in ensuring the legitimacy of public officeholders.

Significance: Confirms an important administrative and ceremonial function of the Lieutenant Governor under state law.

How WAC Title 241 Reflects These Principles

Presiding and voting authority: The WAC establishes office procedures consistent with the constitutional powers recognized in In re the Matter of the Office of the Lieutenant Governor.

Succession and continuity: The rules ensure smooth operational transition in line with court guidance from Washington State Democratic Party v. Locke.

Ceremonial duties: WAC codifies procedures for oath administration, following principles in Holmes v. Clausen.

Ethics and impartiality: Staff conduct rules safeguard the nonpartisan functioning of the office.

Transparency and accountability: Financial and communication protocols promote good governance and public trust.

Practical Impact of WAC Title 241

Lieutenant Governor and staff operate under clear guidelines ensuring compliance with constitutional and statutory mandates.

Legislative sessions benefit from structured procedures for presiding, voting, and certification managed by the office.

Succession planning is codified to prevent governmental disruption.

Public interactions with the office follow established communication protocols for clarity and professionalism.

Budget and staffing controls ensure responsible management of public resources.

Summary Table

AspectWAC 241 ProvisionCase Law Example
Presiding and Tie VotesRules for Senate leadershipIn re the Matter of the Office of the Lieutenant Governor (1979)
Succession AuthorityProcedures for acting Governor roleWashington State Democratic Party v. Locke (1999)
Oath AdministrationProcedures for official oathsState ex rel. Holmes v. Clausen (1990)
Staff Conduct and EthicsPersonnel rules and conflict of interestAdministrative standards
Financial ManagementBudgeting and auditsCompliance with state fiscal law

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