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AGO Opinions with Topic: COMPENSATION
AGO 1982 No. 16 >  December 9, 1982
OFFICES AND OFFICERS - COUNTY - COMPENSATION
SALARY INCREASES FOR OFFICERS OF HOME RULE CHARTER COUNTY WHO FIX THEIR OWN COMPENSATION The provisions of Article XI, § 8 (Amendment 57) of the state constitution which prohibit the salaries of those county officers who fix their own compensation from being increased, or diminished, after their election or during their term of office are applicable even in the case of a county which has adopted a home rule charter pursuant to Article XI, § 4 (Amendment 21).
AGO 1991 No. 15 >  March 29, 1991
COMMUNITY COLLEGES - SALARIES AND WAGES - COMPENSATION - AUTOMOBILES - REIMBURSEMENT OF TRANSPORTATION EXPENSES
COMMUNITY COLLEGES ‑- SALARIES AND WAGES ‑- COMPENSATION ‑- AUTOMOBILES ‑- REIMBURSEMENT OF TRANSPORTATION EXPENSES 1.  Prior to its amendment in 1990, RCW 28B.50.140(3) empowered a community college board of trustees to fix the salary and duties of community college presidents.  RCW 28B.50.140(3) only empowered the board to pay salary.  Payments to reimburse a president for the president's transportation expenses did not constitute salary and were not authorized under RCW 28B.50.140(3).    2.  In 1990 RCW 28B.50.140(3) was amended.  Laws of 1990, ch. 135, § 1, p. 926.  Amended RCW 28B.50.140(3) authorizes a community college board of trustees to fix the compensation and duties of community college presidents.  Payments to reimburse a president for the president's transportation expenses are not authorized as compensation since RCW 43.03.060(1) provides the procedure to reimburse state employees for travel expenses.  RCW 28B.50.140(3) does not authorize the board to supplant this reimbursement system.
AGO 1983 No. 6 >  March 29, 1983
DISTRICTS - HOSPITAL - COMMISSIONERS - COMPENSATION
CONSTITUTIONALLY RESTRICTED INCREASE IN COMPENSATION In the event that the currently serving commissioners of a public hospital district by duly adopted resolution raise their own daily rate of compensation from $25 per day to $40 per day in accordance with RCW 70.44.050 as amended by § 14, chapter 84, Laws of 1982, those increases (as to each such commissioner) may not constitutionally take effect until the commencement of his or her next ensuing term of office.
AGO 1976 No. 1 >  January 12, 1976
RETIREMENT - PENSIONS - SALARIES AND WAGES - COMPENSATION - INCLUSION OF TERMINAL LEAVE OR SEVERANCE PAY IN COMPUTING PENSIONS OR RETIREMENT ALLOWANCES
RETIREMENT ‑- PENSIONS ‑- SALARIES AND WAGES ‑- COMPENSATION ‑- INCLUSION OF TERMINAL LEAVE OR SEVERANCE PAY IN COMPUTING PENSIONS OR RETIREMENT ALLOWANCES (1) Terminal leave or severance payments for unused sick leave or vacation leave are not to be included in determining the salary or compensation base upon which retirement allowances or pensions are to be computed under the laws governing the Washington law enforcement officers' and firefighters' retirement system (chapter 41.26 RCW) or either of the two judicial retirement systems (chapters 2.10 and 2.12 RCW); however, such payments are to be included in determining the salary or compensation base upon which retirement allowances or pensions are to be computed under the laws governing the Washington public employees' retirement system (chapter 41.40 RCW), the Washington state teachers' retirement system (chapter 41.32 RCW) and the Washington state patrol retirement system (chapter 43.43 RCW).  (2) Where terminal leave or severance payments for unused sick leave or vacation leave are to be included in determining the salary or compensation base upon which retirement allowances or pensions are to be computed, the only such payments thus to be included are those reflecting such leave actually earned but not taken during the time period being utilized in each case to determine the appropriate salary or compensation base.
AGO 1963 No. 66 >  October 18, 1963
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL DEFENSE DIRECTOR - OFFICES NOT INCOMPATIBLE - COMPENSATION
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- CIVIL DEFENSE DIRECTOR ‑- OFFICES NOT INCOMPATIBLE ‑- COMPENSATION (1) The offices of county sheriff and civil defense director are not incompatible. (2) A sheriff who also holds the office of civil defense director may receive compensation for said office in addition to his regular salary as sheriff.
AGO 1964 No. 78 >  January 21, 1964
COURTS - JUSTICE COURT ACT OF 1961 - PART-TIME JUSTICE OF THE PEACE - APPOINTMENT OF JUSTICE PRO TEMPORE - COMPENSATION
COURTS ‑- JUSTICE COURT ACT OF 1961 ‑- PART-TIME JUSTICE OF THE PEACE ‑- APPOINTMENT OF JUSTICE PRO TEMPORE ‑- COMPENSATION (1) Under the 1961 justice court act a justice court presided over by a part-time justice of the peace may pursuant to RCW 3.34.130 designate a justice of the peace pro tempore to serve on his behalf. (2) The compensation of a pro tempore justice who takes the place of a part-time justice is based on the amount provided for a full-time justice under RCW 3.58.010 according to the formula appearing in RCW 3.34.130.
AGO 1992 No. 8 >  June 1, 1992
DISTRICTS - WATER - COMMISSIONERS - OFFICES AND OFFICERS - COMPENSATION - INSURANCE
Applicability of RCW 41.04.190 to Insurance Benefits Provided to Water District Commissioners Pursuant to RCW 57.04.190 RCW 41.04.190 provides that insurance benefits are not additional compensation for county elected officials.  RCW 41.04.190 does not apply to insurance benefits provided to water district commissioners pursuant to RCW 57.08.100.
AGO 1965 No. 15 >  March 25, 1965
OFFICES AND OFFICERS - STATE - MILITIA - ADJUTANT GENERAL - ASSISTANT ADJUTANTS GENERAL - COMPENSATION
OFFICES AND OFFICERS ‑- STATE ‑- MILITIA ‑- ADJUTANT GENERAL ‑- ASSISTANT ADJUTANTS GENERAL ‑- COMPENSATION The adjutant general and the two assistant adjutants general of the state of Washington while on active duty as such officers should each receive pay and allowances prescribed for his military rank by the current federal laws and regulations for an officer of his grade and years of service.
AGO 1965 No. 30 >  August 12, 1965
OFFICES AND OFFICERS - STATE - COLLEGES - BOARDS OF TRUSTEES - COMPENSATION - REIMBURSEMENT FOR EXPENSES
OFFICES AND OFFICERS ‑- STATE ‑- COLLEGES ‑- BOARDS OF TRUSTEES ‑- COMPENSATION ‑- REIMBURSEMENT FOR EXPENSES Members of the boards of trustees of the state colleges are entitled to reimbursement for expenses incurred in attending board meetings (RCW 43.03.050, RCW 43.03.060); however, the legislature has not authorized the board to establish in addition thereto, payment of compensation to board members for attendance at board meetings.
AGO 1988 No. 29 >  December 1, 1988
JUDGES - COUNTIES - OFFICES AND OFFICERS - COMPENSATION
JUDGES ‑- COMPENSATION ‑- OFFICES AND OFFICERS ‑- COUNTIES 1.A county may lawfully eliminate its provision of medical, dental, and life insurance benefits to its superior court judges when the judges, who are also state officers, receive similar benefits from the state.2.Where superior court judges as state officers are receiving health and life insurance benefits from the state, a county is not legally required to provide superior court judges with the same type of benefits, whether or not the state benefits are as comprehensive as those offered by the county to its other officers and employees.
AGO 1995 No. 2 >  February 24, 1995
SALARY - COMPENSATION - COLLEGES AND UNIVERSITIES - STATE BUDGET - WHETHER INCREASED VACATION LEAVE AMOUNTS TO INCREASED SALARY
SALARY - COMPENSATION - COLLEGES AND UNIVERSITIES - STATE BUDGET -WHETHER INCREASED VACATION LEAVE AMOUNTS TO INCREASED SALARY A college may increase the vacation leave of its employees without thereby increasing their "salaries" for purposes of interpreting salary increase limits contained in the 1993-95 state operating budget.
AGO 1995 No. 7 >  May 19, 1995
OFFICES AND OFFICERS - PUBLIC UTILITY DISTRICTS - COMMISSIONERS - DISTRICTS - SALARIES AND WAGES - COMPENSATION
Authority of public utility district commissioners to receive additional compensation for service as president or secretary of the board of commissioners A public utility district commissioner is entitled to receive only the compensation specified for the position in RCW 54.12.080, and is not entitled to any additional compensation for serving as president or secretary of the board of commissioners.
AGO 1989 No. 5 >  February 23, 1989
SCHOOL DISTRICTS - STATE CONSTITUTION - COMPENSATION - OFFICES AND OFFICERS
SCHOOL DISTRICTS ‑- OFFICES AND OFFICERS ‑- COMPENSATION ‑- STATE CONSTITUTION 1.  Currently serving school directors may lawfully adopt a resolution to receive compensation of fifty dollars or less per day as authorized by RCW 28A.57.327, but they may not constitutionally receive the compensation authorized until the beginning of their next respective terms of office. 2.  If RCW 28A.57.327 were amended to make school director compensation automatic, with no discretionary act of the local board of directors involved, there would be no constitutional bar to the receipt of such compensation on a midterm basis.
AGO 1992 No. 21 >  September 9, 1992
PUBLIC UTILITY DISTRICTS - COMMISSIONERS - DISTRICTS - OFFICES AND OFFICERS - SALARIES AND WAGES - COMPENSATION - INSURANCE
Insurance as Compensation for Public Utility District Commissioners and Manager 1.  RCW 54.12.080(4) provides that any public utility district providing group insurance for its employees may provide its commissioners with the same insurance coverage.  In this circumstance, public utility district commissioners may receive insurance as part of their compensation. 2.  Article 2, section 25 (amend. 35) of the Washington Constitution provides that the compensation of a public officer shall not be increased during his or her term of office.  Article 30, section 1 of the Washington Constitution permits mid-term compensation increases only for public officers who do not fix their own compensation. Accordingly, public utility districts may decide to purchase life insurance policies for their commissioners, but may not actually provide the policies until the next terms of the respective commissioners' offices begin.
AGO 1989 No. 15 >  July 21, 1989
COMPENSATION - INCENTIVE PAYMENTS - TEACHERS - SCHOOL DISTRICTS
COMPENSATION ‑- SCHOOL DISTRICTS ‑- TEACHERS ‑- INCENTIVE PAYMENTS  1.In order to be lawful, "incentive payments" made to certificated school district personnel under the authority of RCW 28A.58.0951(4) must be related to some identifiable, measurable "incentive" defined in a district policy or contract and amounting to more than the performance of duties and functions defined by statute as "basic education". 2.A school district must retain documentation of eligibility for payments made under RCW 28A.58.0951(4), but the exact form of the documentation depends on the nature of the payments and the policy choices of the State Auditor under RCW 43.09.200.
AGO 1995 No. 13 >  November 27, 1995
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - PUBLIC EMPLOYEES - COMPENSATION - AUTHORITY OF CITIES AND TOWNS TO ESTABLISH EMPLOYEE INCENTIVE PROGRAMS
CITIES AND TOWNS - MUNICIPAL CORPORATIONS - PUBLIC EMPLOYEES - COMPENSATION - AUTHORITY OF CITIES AND TOWNS TO ESTABLISH EMPLOYEE INCENTIVE PROGRAMS Cities and towns of all classes have authority to establish and administer employee incentive programs for their employees, so long as the program and appropriately definite performance standards are established before the period covered by the program.
AGO 1998 No. 12 >  October 28, 1998
COLLEGES AND UNIVERSITIES - STATE EMPLOYEES - SALARIES AND WAGES - COMPENSATION - BUDGET AND APPROPRIATION ACTS - APPROPRIATIONS
Extent to which a university may vary individual salary increases given language in operating budget appropriation funds for an “average” increase Under the language of the 1997-99 operating budget, a university may grant individual salary increases larger or smaller than the average 3.0 percent increase funded by legislative appropriation. A university may use its 1997-99 budget appropriation in part to remedy salary disparities discovered by the university through studies or other means. Under the 1997-99 budget act, a university may honor increases previously agreed to in collective bargaining agreements, using “local” or non-appropriated funds for any portion of the increase which the Legislature has declined to fund with its biennial appropriation. If the Legislature fails to appropriate funds for a salary increase for university employees, the extent to which the university may fund such increases with non-appropriated funds depends on the language of the budget act covering the period in question.
AGO 1999 No. 1 >  January 13, 1999
OFFICES AND OFFICERS - CITIES AND TOWNS - COMPENSATION - ELECTIONS
Application of prohibition on midterm increases in compensation to city councilmember elected to unexpired term 1.  A person who is elected to an unexpired term on a city council may not constitutionally receive, during the unexpired term, any changes in compensation previously enacted by the council during that term.
AGO 1956 No. 191 >  January 25, 1956
HEALTH OFFICERS - COMPENSATION - AUTHORITY OF COUNTY COMMISSIONERS TO FIX - CHANGE IN COMPENSATION - EFFECTIVE DATE
HEALTH OFFICERS, COMPENSATION, AUTHORITY OF COUNTY COMMISSIONERS TO FIX, CHANGE IN COMPENSATION, EFFECTIVE DATE A board of county commissioners has the power and authority to fix the compensation of the county health officer.  Any change made in the county health officer's remuneration shall only become effective at the commencement of his next term of office.
AGO 1955 No. 132 >  September 1, 1955
OFFICERS - COMPENSATION - INCREASE DURING TERM
OFFICERS ‑- COMPENSATION ‑- INCREASE DURING TERM 1. Compensation of members of Public Service and Tax Commissions and Boards of Prison Terms and Paroles and Industrial Insurance Appeals cannot be increased during terms.2. Chairmen of the above departments cannot receive additional compensation during term for duties incident to chairmanships.
AGO 1954 No. 287 >  July 22, 1954
COUNTIES - EMPLOYEES - COMPENSATION - PAYMENT FOR SICK LEAVE
COUNTIES ‑- EMPLOYEES ‑- COMPENSATION ‑- PAYMENT FOR SICK LEAVE A county may pay its employees under its rules relating to sick leave for the first three days following an injury while engaged in county work.
AGO 1953 No. 493 >  March 11, 1953
CITIES - VOLUNTEER FIREMEN - COMPENSATION - DISTRIBUTION OF UNEXPENDED SUM ON BASIS OF POINT SYSTEM
CITIES ‑- VOLUNTEER FIREMEN ‑- COMPENSATION ‑- DISTRIBUTION OF UNEXPENDED SUM ON BASIS OF POINT SYSTEM A plan whereby a city of the third class compensates its volunteer firemen at the end of the budget period by dividing the unexpended surplus remaining in the fire department fund among the firemen on the basis of a point system is valid.
AGO 1953 No. 137 >  September 22, 1953
PUBLIC OFFICERS - COMPENSATION
INCREASE OR DECREASE DURING TERM City Ordinance No. 348 of the city of Longview, establishing a department of revenue and authorizing the city clerk or other officer to be the head thereof, and fixing additional salary for performing the duties, could not have the effect of increasing the salary of any officer serving a fixed term, until the commencement of a term of his regular office.
AGO 1950 No. 407 >  December 27, 1950
WATER DISTRICTS - COMMISSIONERS - COMPENSATION
WATER DISTRICTS -- COMMISSIONERS -- COMPENSATION The provision for compensation of water district commissioners relates only to reimbursement for the time spent and reasonable expenses incurred in carrying out their governmental or administrative functions as commissioners, and does not provide a wage for labor performed as employees of the district.
AGLO 1980 No. 11 >  March 12, 1980
RETIREMENT - PENSIONS - SALARIES AND WAGES - COMPENSATION
INCLUSION OF TERMINAL LEAVE OR SEVERANCE PAY IN COMPUTING PENSIONS OR RETIREMENT ALLOWANCES

(1) In the case of a Plan I member of the Washington Public Employees' Retirement System (PERS), terminal leave or severance payments for unused sick leave or vacation leave may not be included in determining the member's "average final compensation" for the purpose of computing his or her service or disability retirement allowance to the extent that, in a given case, the payments are made for unused sick leave or vacation leave actually earned by the retiree during a period of service other than the two-year period being utilized to determine average final compensation in that case.

AGLO 1980 No. 30 >  October 27, 1980
OFFICES AND OFFICERS - COUNTY - TRANSPORTATION AUTHORITY - COMPENSATION
COMPENSATION OF MEMBERS OF GRAYS HARBOR TRANSPORTATION AUTHORITY

(1) A county transportation authority established pursuant to chapter 36.57 RCW may not fix a rate of compensation for its members which is less than that fixed by RCW 36.57.030.(2) Consideration of several related questions arising from previous resolutions relating to the compensation payable to members of the Grays Harbor County Transportation Authority.

AGLO 1977 No. 47 >  October 26, 1977
CRIMES - COMPENSATION - STATUTORY COMPENSATION FOR VICTIMS OF CERTAIN CRIMES
PENALTY ASSESSMENT (1) The term "victim," for purposes of the state crime victims compensation act, does not include those persons who have sustained only property losses as a result of a felony or gross misdemeanor. (2) Under the provisions of § 10(1), chapter 302, Laws of 1977, 1st Ex. Sess., the court is to impose a $25 penalty assessment after conviction of a felony or gross misdemeanor involving a "victim" even if the punishment for the crime involves only incarceration.
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