Navigation Top
AGO Logo Graphic
AGO Header Image
File a Complaint
Contact the AGO
AGO Opinions with Topic: COUNTY
AGO 1970 No. 19 >  August 10, 1970
OFFICES AND OFFICERS - COUNTY - CORONERS - ELECTIONS
ELIGIBILITY FOR OFFICE WHERE OWNER OR EMPLOYEE OF FUNERAL HOME OR MORTUARY (1) The provisions of chapter 259, Laws of 1969, Ex. Sess.(RCW 36.24.175) do not operate so as presently to divest incumbent county coroners of their offices if they are owners or employees of a funeral home or mortuary.(2) Those county coroners presently holding office who are subject to the provisions of § 3, chapter 259, Laws of 1969, Ex. Sess. (RCW 36.24.175) will not be eligible to commence new terms of office in January, 1971, if they are owners or employees of a funeral home or mortuary at that time.(3) An owner or employee of a funeral home or mortuary, including an incumbent coroner, is eligible to file and run at the forthcoming 1970 election for the office of coroner in one of the counties affected by § 3, chapter 259, Laws of 1969, Ex. Sess.
AGO 1971 No. 11 >  March 3, 1971
OFFICES AND OFFICERS - COUNTY - RECALL
NUMBER OF SIGNATURES NECESSARY FOR RECALL OF COUNTY OFFICER The percentage of the total number of votes cast for all candidates for a certain King county office which is determinative of the number of voters who must sign a petition to recall the person holding such office is twenty-five percent, as provided for in RCW 29.82.060 (1).
AGO 1971 No. 19 >  July 1, 1971
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - PARTICIPATION IN MENTAL ILLNESS HEARINGS
OFFICES AND OFFICERS ‑- COUNTY ‑- PROSECUTING ATTORNEY ‑- PARTICIPATION IN MENTAL ILLNESS HEARINGS A county prosecuting attorney has the legal obligation to appear and participate in mental illness hearings in support of an application for commitment of a person alleged to be a "mentally ill" person, based upon his endorsement of the application as provided for in RCW 71.02.090.
AGO 1980 No. 15 >  June 20, 1980
OFFICES AND OFFICERS - COUNTY - CORONER - DEATH
ISSUANCE OF PRESUMPTIVE DEATH CERTIFICATE Under the applicable state statutes relating to the issuance of death certificates (RCW 70.58.160-70.58.180) a county coroner does not have the authority to issue a presumptive death certificate based on circumstantial evidence where no body has been found
AGO 1980 No. 20 >  October 10, 1980
OFFICES AND OFFICERS - CITY - POLICE - COUNTY - SHERIFF - LAW ENFORCEMENT - COMMUNICATIONS
RECORDING OF EMERGENCY PHONE CALLS TO A POLICE AGENCY (1) Under the provisions of chapter 9.73 RCW, the "incoming phone calls" exception in RCW 9.73.090(1)(a) does permit a police agency to record those incoming calls which are not of an "emergency" nature(2) Assuming the foregoing, however, care must be taken in applying the "incoming phone calls" exception in RCW 9.73.090(1)(a) where the call is received by a police agent who has deliberately induced a criminal suspect, not yet arrested or formally charged, to make an incoming call to the police agency; there, wherever the spirit or the letter of the statute dictates taped mutual consent or judicial authorization prior to recording a telephone conversation with a criminal suspect, the "incoming calls" exception could well be held inapplicable even if single party consent is present.(3) The several statutory exceptions to the Privacy Act set forth in RCW 9.73.030(2), RCW 9.73.090(1)(a), RCW 9.73.090(1)(b) and RCW 9.73.090(2) do not overlap each other in such a way as to render any such exception(s) totally duplicative of another and therefore unnecessary and superfluous.
AGO 1971 No. 28 >  September 7, 1971
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - CITY COUNCILMAN - INCOMPATIBILITY OF OFFICES AND PROSECUTING ATTORNEY AND CITY COUNCILMAN
OFFICES AND OFFICERS ‑- COUNTY ‑- PROSECUTING ATTORNEY ‑- CITY COUNCILMAN ‑- INCOMPATIBILITY OF OFFICES AND PROSECUTING ATTORNEY AND CITY COUNCILMAN The prosecuting attorney of a fourth class county may simultaneously serve as a member of the city council of a third class city located in such county.
AGO 1971 No. 30 >  October 5, 1971
OFFICES AND OFFICERS - COUNTY - DEPUTY SHERIFF - PARTICIPATION IN RETIREMENT SYSTEM - ELIGIBILITY
OFFICES AND OFFICERS ‑- COUNTY ‑- DEPUTY SHERIFF ‑- PARTICIPATION IN RETIREMENT SYSTEM ‑- ELIGIBILITY (1) Section 3, chapter 257, Laws of 1971, 1st Ex. Sess., does not prohibit a person who cannot meet the minimum medical and health standards necessary for membership in the Washington law enforcement officers' and fire fighters' retirement system from serving as a county deputy sheriff or from retaining his civil service position or rank under chapter 41.14 RCW.(2) A county deputy sheriff who cannot meet the minimum medical and health standards necessary for membership in the Washington law enforcement officers' and fire fighters' retirement system is, if otherwise eligible under RCW 41.40.120, thereby required to participate in the Washington public employees' retirement system if the county by which he is employed is an employer under that system.
AGO 1961 No. 3 >  January 20, 1961
OFFICES AND OFFICERS - COUNTY
BOARD OF COUNTY COMMISSIONERS AUTHORITY TO CONSTRUCT AND OPERATE A SPORTS STADIUM OR ARENA AND TO PURCHASE A MAJOR LEAGUE PROFESSIONAL SPORTS FRANCHISE The board of county commissioners is not granted authority by RCW 36.32.120 or 67.20.010 to construct and operate a sports stadium or arena or to purchase on behalf of the county a major league professional sports franchise including but not limited to baseball and football.
AGO 1961 No. 5 >  January 30, 1961
OFFICES AND OFFICERS - COUNTY - SHERIFF
AUTHORITY TO RECEIVE A REWARD FROM THE UNITED STATES POST OFFICE DEPARTMENT A county sheriff is prohibited by RCW 42.22.040 (2) from receiving a reward from the United States Post Office Department for the performance of services instrumental to the solution of a crime relating to the postal service, unless the matter for which the reward is offered is in no way connected with or related to his services as county sheriff.
AGO 1961 No. 25 >  April 28, 1961
OFFICES AND OFFICERS - COUNTY - SHERIFF - AUTHORITY TO INVESTIGATE FELONY CASES IN THIRD AND FOURTH CLASS CITIES
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- AUTHORITY TO INVESTIGATE FELONY CASES IN THIRD AND FOURTH CLASS CITIES A sheriff, as chief law enforcement officer of a county, has the authority to investigate upon his own initiative all felony cases which occur within cities of the third and fourth class in his county.
AGO 1961 No. 26 >  May 2, 1961
OFFICES AND OFFICERS - COUNTY - SHERIFF - ROAD PATROLMAN AS SUBJECT TO CIVIL SERVICE
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- ROAD PATROLMAN AS SUBJECT TO CIVIL SERVICE A road patrolman employed in a dual capacity by the county commissioners and the county sheriff and who was appointed deputy sheriff prior to the effective date of Initiative No. 23 is covered by the provisions of chapter 41.14 RCW, the civil service act for sheriffs.
AGO 1961 No. 29 >  May 18, 1961
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - CHARGING OF INTEREST - DURATION OF LOAN - AUTHORITY TO TRANSFER FUNDS ON A TEMPORARY LOAN BASIS FROM ONE SOLVENT FUND TO ANOTHER SOLVENT FUND
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- AUTHORITY TO TRANSFER FUNDS ON A TEMPORARY LOAN BASIS FROM ONE SOLVENT FUND TO ANOTHER SOLVENT FUND ‑- DURATION OF LOAN ‑- CHARGING OF INTEREST (1) County funds which are neither transferable without limitation nor not transferable at all may be loaned on a temporary basis to a solvent fund.(2) The responsibility for making the loan is that of the Board of County Commissioners rather than the County Treasurer.(3) Insolvency of the borrowing fund, in the sense of no assured income within the control of the governmental body to which the fund belongs, would preclude the loan being legally made.(4) The permissive duration of a loan from one county operating fund to another may extend beyond the county fiscal period but must not be a permanent transfer.(5) The County Commissioners must charge a stated interest rate per annum to the borrowing or benefited fund.
AGO 1961 No. 31 >  May 26, 1961
OFFICES AND OFFICERS - COUNTY - COUNTY COMMISSIONERS - AUTHORITY UNDER CHAPTER 209, LAWS OF 1961, TO CONTRIBUTE TOWARD APPROACH TO ASTORIA-MEGLER BRIDGE - DEBT LIMITATION
OFFICES AND OFFICERS ‑- COUNTY ‑- COUNTY COMMISSIONERS ‑- AUTHORITY UNDER CHAPTER 209, LAWS OF 1961, TO CONTRIBUTE TOWARD APPROACH TO ASTORIA-MEGLER BRIDGE ‑- DEBT LIMITATION The board of county commissioners of Pacific county is legally authorized to contribute toward the cost of construction of a Washington approach to the proposed Astoria-Megler bridge, within the debt limit requirements.
AGO 1971 No. 35 >  November 17, 1971
OFFICES AND OFFICERS - COUNTY - ASSESSOR - QUALIFICATIONS FOR OFFICE OF COUNTY ASSESSOR
OFFICES AND OFFICERS ‑- COUNTY ‑- ASSESSOR ‑- QUALIFICATIONS FOR OFFICE OF COUNTY ASSESSOR The provisions of § 17, chapter 288, Laws of 1971, 1st Ex. Sess., establishing certain qualifications to be met by persons having the responsibility of valuing real property for purposes of taxation, although applicable to the assistants or deputies to a county assessor, do not apply to the county assessor himself regardless of whether he holds office by election or by appointment to fill a vacancy.
AGO 1961 No. 39 >  June 21, 1961
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - ORDINANCE - AUTHORITY TO CONTROL INSTALLATION OF ELECTRICAL WIRES, ETC
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- ORDINANCE ‑- AUTHORITY TO CONTROL INSTALLATION OF ELECTRICAL WIRES, ETC Under the provisions of chapter 27, Laws of 1961, boards of county commissioners may adopt such provisions of chapter 19.28 RCW as are necessary for the regulation and control of the installation of electrical wires, equipment, apparatus or appliances, including any rules or regulations relating to such installation as are presently promulgated by the department of labor and industries.
AGO 1972 No. 1 >  January 10, 1972
OFFICES AND OFFICERS - COUNTY - CORONER - PROSECUTING ATTORNEY - APPOINTMENT OF DEPUTY CORONERS IN CERTAIN COUNTIES
OFFICES AND OFFICERS ‑- COUNTY ‑- CORONER ‑- PROSECUTING ATTORNEY ‑- APPOINTMENT OF DEPUTY CORONERS IN CERTAIN COUNTIES (1) A prosecuting attorney of a fourth through ninth class county, in his separate capacity as county coroner under RCW 36.16.030, may appoint one or more deputy coroners with the consent of his board of county commissioners.(2) The compensation of any persons so appointed as deputy coroners is to be fixed by the board of county commissioners.(3) There is no legal requirement that a person appointed to serve as a deputy county coroner in a fourth class county be admitted to the practice of law in this state.
AGO 1972 No. 12 >  June 13, 1972
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE - LIQUOR - AGE REQUIREMENT FOR CERTAIN CIVIL SERVICE EMPLOYEES
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- CIVIL SERVICE ‑- LIQUOR ‑- AGE REQUIREMENT FOR CERTAIN CIVIL SERVICE EMPLOYEES A county civil service commission for sheriff's office employees, organized and operating under the provisions of chapter 41.14 RCW, may not promulgate a blanket regulation excluding persons otherwise qualified under RCW 41.14.100 from making application for any civil service position in a sheriff's department, regardless of its duties, on the basis of their being less than twenty-one years of age and thus not legally able to enter a tavern for law enforcement purposes; however, in those selected classes of positions which require the employee to enter taverns for these purposes, a requirement that the applicant be at least twenty-one years of age, and thus legally able to enter a tavern, would be valid.
AGO 1982 No. 8 >  June 17, 1982
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - EMPLOYEES - CIVIL SERVICE
ADOPTION AND IMPLEMENTATION OF COUNTY PERSONNEL SYSTEM There is no authority, under existing state law, for the adoption and implementation, by the board of county commissioners of a noncharter county, of a county personnel system covering the employment, compensation, subsequent promotion, suspension or discharge of all county employees‑-including those appointed by other, independent, county elected officials; there are, however, certain limited actions which may be taken in this area pursuant to a joint agreement between all affected county offices.
AGO 1982 No. 10 >  July 20, 1982
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - COMMISSIONERS - SALARIES - ELECTIONS
ESTABLISHMENT OF FULL-TIME PROSECUTOR'S OFFICE IN FIFTH THROUGH NINTH CLASS COUNTY The board of county commissioners of a fifth through ninth class county may not, simply by making a public announcement to that effect prior to the period for candidates' filings, cause the office of county prosecuting attorney to become a full-time office so as to prohibit the candidate then duly elected to that office from thereafter engaging in the private practice of law.
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 1983 No. 19 >  September 30, 1983
OFFICES AND OFFICERS - COUNTY - TREASURER - FUNDS - BANKS AND BANKING - DEPOSITARIES
DEPOSIT OF CERTAIN MUNICIPAL FUNDS IN SAVINGS AND LOAN ASSOCIATIONS (1) A county treasurer continues to be authorized to invest funds under his/her control within the provisions of RCW 36.29.020 in savings or time accounts in mutual savings banks or savings and loan associations up to the insurance limits afforded such accounts by the Federal Savings and Loan Insurance Corporation even though the particular institution has not also been approved as a qualified depositary under chapter 66, Laws of 1983‑-except to the extent that specific statutes which were repealed or amended by chapter 66 might come into play. (2) Consideration, and identification, of certain specific municipal funds which, by virtue of the enactment of chapter 66, Laws of 1983, may no longer be invested or deposited with thrift institutions which have not been approved as qualified public depositaries.
AGO 1973 No. 16 >  July 17, 1973
OFFICES AND OFFICERS - COUNTY - BOARD OF EQUALIZATION - TAXATION - JURISDICTION OF COUNTY BOARD OF EQUALIZATION TO INCREASE PROPERTY TAX VALUATION WITHOUT NOTICE
OFFICES AND OFFICERS ‑- COUNTY ‑- BOARD OF EQUALIZATION ‑- TAXATION ‑- JURISDICTION OF COUNTY BOARD OF EQUALIZATION TO INCREASE PROPERTY TAX VALUATION WITHOUT NOTICE A voluntary appearance by a taxpayer before a county board of equalization, when made pursuant to RCW 84.48.010 for the sole purpose of seeking a reduction in the assessed valuation of a certain parcel of real property, does not give the board jurisdiction to increase the valuation of the subject property without advance notice.
AGO 1961 No. 60 >  August 31, 1961
OFFICES AND OFFICERS - COUNTY - BOARD OF COUNTY COMMISSIONERS - PLANNING ENABLING ACT - ZONING RESOLUTIONS - ELECTIONS
OFFICES AND OFFICERS ‑- COUNTY ‑- BOARD OF COUNTY COMMISSIONERS ‑- PLANNING ENABLING ACT ‑- ZONING RESOLUTIONS ‑- ELECTIONS There is no provision under the planning enabling act (chapter 36.70 RCW) for holding an election on the acceptance or rejection of a zoning resolution and land use map.
AGO 1961 No. 62 >  September 14, 1961
OFFICES AND OFFICERS - COUNTY - BOARD OF COUNTY COMMISSIONERS
OFFICES AND OFFICERS ‑- COUNTY ‑- BOARD OF COUNTY COMMISSIONERS ‑- AUTHORITY TO ABOLISH OR REGULATE THE USE OF GASOLINE AND/OR ELECTRIC MOTORS ON LAKES IN KING COUNTY ‑- ACQUISITION OF LAND BY... (1) and (2) The board of county commissioners does not have the authority to prohibit the use of motorboats upon nonnavigable lakes but may enact ordinances which reasonably regulates the speed and other activities of such motorboats so long as such ordinances are consistent with state regulations embodied in RCW 88.12.010. (3) The board of county commissioners should follow the provisions of RCW 36.32.120 (7) in establishing such regulations. (4) The ownership by the state or a county of property abutting a nonnavigable lake does not affect the authority of the board of county commissioners to regulate the use of motor-powered watercraft on such waters.
AGO 1974 No. 1 >  January 16, 1974
OFFICES AND OFFICERS - COUNTY - CITY - CRIMES - RECORDS
OFFICES AND OFFICERS ‑- COUNTY ‑- CITY ‑- CRIMES ‑- RECORDS The provisions of § 4 (1), chapter 202, Laws of 1973, 1st Ex. Sess., do not prohibit persons obtaining specific investigative information regarding organized crime activities by reason of their public employment with the state of Washington or its political subdivisions from divulging that information to nonlaw enforcement agencies such as mayors, city councils, licensing departments, legislative committees or other regulatory bodies when called upon to do so in the performance of their official functions and duties.
AGO 1974 No. 6 >  February 13, 1974
OFFICES AND OFFICERS - COUNTY - ASSESSOR - TAXATION - REAL PROPERTY - EXEMPTIONS
OFFICES AND OFFICERS ‑- COUNTY ‑- ASSESSOR ‑- TAXATION ‑- REAL PROPERTY ‑- EXEMPTIONS (1) The substantive provisions of §§ 1 through 7 of chapter 40, Laws of 1973, 2nd Ex. Sess., redefining the standards to be applied in determining the eligibility of certain property for an exemption from property taxation, apply to assessments made in 1973 for taxes due and payable in 1974. (2) The procedural requirements of §§ 9 through 19 of chapter 40, Laws of 1973, 2nd Ex. Sess., under which the function of determining the eligibility of property for a tax exemption is, henceforth, to be performed by the state department of revenue instead of the various county assessors and boards of equalization, do not apply in the case of assessments made in 1973 for taxes due and payable in 1974. (3) The remedies available under existing law for taxpayers who, during 1974, received tax statements covering properties which qualify for an exemption under §§ 1 through 7, chapter 40, Laws of 1973, 2nd Ex. Sess., include a request for cancellation of the assessment as provided for in RCW 84.56.400, a suit for a refund pursuant to chapter 84.68 RCW, or an injunction under RCW 84.68.010 (2). (4) The provisions of § 21, chapter 40, Laws of 1973, 2nd Ex. Sess., making a general fund appropriation to the department of revenue to administer the provisions of this new property tax exemption law, do not authorize that department to reimburse the counties for their costs incurred in determining property tax exemptions during the 1973 assessment year.
AGO 1974 No. 20 >  September 20, 1974
OFFICES AND OFFICERS - COUNTY - TREASURER - MUNICIPALITIES - FUNDS - INVESTMENT OF SURPLUS FUNDS
OFFICES AND OFFICERS ‑- COUNTY ‑- TREASURER ‑- MUNICIPALITIES ‑- FUNDS ‑- INVESTMENT OF SURPLUS FUNDS (1) The governing body of a municipal corporation whose funds are in the custody of a county treasurer may not authorize such treasurer, by a single blanket resolution, to invest all of its present and future surplus funds in a certain specified way or ways, and thus avoid having those funds invested as county residual funds under the second paragraph of RCW 36.29.020. (2) The governing body of a municipal corporation may enact a blanket ordinance or resolution permitting either a single member of that body or some other officer or employee thereof to authorize the county treasurer having custody of its funds to invest those funds as and when indicated, provided that the ordinance or resolution contains sufficient standards to guide that officer or employee in the exercise of the power thus delegated.
AGO 1975 No. 3 >  February 10, 1975
OFFICES AND OFFICERS - COUNTY - JUDGES - COURTS - SALARY - AUTHORITY OF SUPERIOR COURT JUDGES
OFFICES AND OFFICERS ‑- COUNTY ‑- JUDGES ‑- COURTS ‑- SALARY ‑- AUTHORITY OF SUPERIOR COURT JUDGES (1) Where the salary of a superior court aide is fixed by statute, or by the county commissioners or other legislative authority pursuant thereto, a judge of the court is without power to set a higher salary by a directive or order in a nonjudicial proceeding; the court may, however, entertain an action for a writ of mandamus to require the salary fixing authority to raise the salaries of its personnel, but it will only be justified in granting the writ if, applying recognized judicial standards, it finds that the legislative authority involved has acted arbitrarily or capriciously.  (2) Under RCW 2.28.139 it is the obligation of each county (acting through its county commissioners) to furnish the courtroom and related necessary facilities for the conduct of the superior court; if the county fails to do so, the court may order the sheriff to provide the requisite facilities at county expense or, if this administrative remedy fails, the court may compel the commissioners to comply with the requirement of the statute by issuance of a writ of mandamus in a judicial proceeding ‑ subject to a right of appeal and all other procedural requisites of a regular court case.
AGO 1975 No. 6 >  April 3, 1975
TAXATION - COUNTY - REAL ESTATE EXCISE TAX - APPLICABILITY TO CERTAIN BANK DIVESTITURE TRANSACTIONS
TAXATION ‑- COUNTY ‑- REAL ESTATE EXCISE TAX ‑- APPLICABILITY TO CERTAIN BANK DIVESTITURE TRANSACTIONS (1) The conveyance by a national bank of certain of its banking premises constitutes a "sale" within the meaning of RCW 28A.45.010 under the following circumstances:  (a) the purpose for the conveyance is compliance with a directive from the Comptroller of the Currency pursuant to 12 U.S.C.371d; (b) simultaneously with the conveyance the new owner of the property leases it back to the bank under a lease agreement which allows the bank to repurchase the premises at any time during the term of the lease; and (c) the bank is required, under the same lease agreement, to repurchase the premises in any event upon expiration of the term of the lease.  (2) Under these same circumstances, the agreement for a lease‑back with option to purchase is also a "sale" within the meaning of RCW 28A.45.010.
AGO 1962 No. 139 >  May 23, 1962
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - AUTHORITY TO LOAN ROAD FUNDS TO CURRENT EXPENSE FUND - DURATION OF LOAN - CHARGING OF INTEREST
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- AUTHORITY TO LOAN ROAD FUNDS TO CURRENT EXPENSE FUND ‑- DURATION OF LOAN ‑- CHARGING OF INTEREST A board of county commissioners may authorize a loan of surplus (nonappropriated) amounts in the county road fund to a solvent county expense fund on a temporary basis provided interest on the loan is charged.
AGO 1979 No. 13 >  May 25, 1979
OFFICES AND OFFICERS - COUNTY - CORONER - JURISDICTION OVER CERTAIN BODIES
OFFICES AND OFFICERS ‑- COUNTY ‑- CORONER ‑- JURISDICTION OVER CERTAIN BODIES The jurisdiction of a county coroner under the first clause of RCW 68.08.010 extends to the body of a deceased person who, although not physically seen by a physician or other medical practitioner within the 36 hours preceding death, was generally under a physician's care for a number of years prior to his death and died ". . . under circumstances which the family physician considers consistent with the serious medical condition with which the deceased had been previously treated for a number of years."
AGO 1962 No. 158 >  August 29, 1962
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - ASSESSOR PLAT - CHAPTER 262, LAWS OF 1961
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- ASSESSOR PLAT ‑- CHAPTER 262, LAWS OF 1961 The various subsections of § 1, chapter 262, Laws of 1961 (RCW 58.18.010), became operative only where the requisite maps are maintained by the assessor and he has, with the permission of the county commissioners, filed an assessor's plat.
AGO 1962 No. 161 >  September 5, 1962
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - FUNDS - FEDERAL FOREST RESERVE - DISTRIBUTION - JOINT SCHOOL DISTRICT
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- FUNDS ‑- FEDERAL FOREST RESERVE ‑- DISTRIBUTION ‑- JOINT SCHOOL DISTRICT ‑- CONSTRUCTION OF FACILITIES The board of county commissioners of a county in which part of a joint school district is located may not expend federal forest funds for improvement or addition to school buildings situated in another county, where the joint district belongs to such other county under RCW 28.57.250.
AGO 1975 No. 13 >  June 10, 1975
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - FUNDS - DISTRICTS - SCHOOLS - DISTRIBUTION OF FEDERAL FOREST FUNDS TO JOINT SCHOOL DISTRICTS
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- FUNDS ‑- DISTRICTS ‑- SCHOOLS ‑- DISTRIBUTION OF FEDERAL FOREST FUNDS TO JOINT SCHOOL DISTRICTS A board of county commissioners receiving federal forest funds under RCW 36.33.110 is not authorized or directed by that or any other statute to distribute any portion of those funds to a joint school district belonging to another county but lying partially within the county receiving the funds.
AGO 1962 No. 175 >  October 25, 1962
OFFICES AND OFFICERS - COUNTY - CORONER - AUTOPSY - TRANSPLANTING OF ORGANS FROM DECEASED PERSONS
OFFICES AND OFFICERS ‑- COUNTY ‑- CORONER ‑- AUTOPSY ‑- TRANSPLANTING OF ORGANS FROM DECEASED PERSONS (1) Only the decedent and persons who have the right to control the disposition of the decedent's remains may authorize the transplanting of organs to a living person. (2) Authorization for transplanting of the organs of a deceased person to a living person must be in writing. (3) Authorization to perform an autopsy is required to be in writing in certain instances.  As a practical matter written authorization may be required in all cases. (4) Medical personnel appointed by the coroner to perform autopsies need not be deputized by him.
AGO 1975 No. 19 >  August 22, 1975
OFFICES AND OFFICERS - COUNTY - SHERIFF - RESIDENCE REQUIREMENT FOR DEPUTY SHERIFF
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- RESIDENCE REQUIREMENT FOR DEPUTY SHERIFF In view of the amendment of RCW 42.14.100 by § 3, chapter 95, Laws of 1963, a deputy county sheriff is not required by state law to be a resident of the county which he serves.
AGO 1963 No. 19 >  April 22, 1963
OFFICES AND OFFICERS - COUNTY - TREASURER - DUTY TO CHECK TAX ROLLS AT REQUEST OF MORTGAGEE AND TO PREPARE AND SIGN STATEMENT OF TAX OWING - FEE - LIABILITY
OFFICES AND OFFICERS - COUNTY ‑- TREASURER ‑- DUTY TO CHECK TAX ROLLS AT REQUEST OF MORTGAGEE AND TO PREPARE AND SIGN STATEMENT OF TAX OWING ‑- FEE ‑- LIABILITY (1) It is the duty of the county treasurer to check the tax rolls upon the request of mortgagees and to give a statement as to what real property taxes, if any, are owing on property in which the mortgagee has an interest. (2) Same :  The treasurer may not charge any fee for such service. (3) Same :  The treasurer would be subject to liability if he fails to exercise reasonable care in making a search. (4) Same :  There is no duty upon the treasurer to sign the report he prepares, but because liability may arise as the result of negligently prepared reports, it may be advisable to sign the report for authentication purposes.
AGO 1963 No. 21 >  May 7, 1963
OFFICES AND OFFICERS - COUNTY - CIVIL DEFENSE AND HEALTH OFFICES - LOCATION
OFFICES AND OFFICERS ‑- COUNTY ‑- CIVIL DEFENSE AND HEALTH OFFICES ‑- LOCATION The civil defense office and the health office of Lincoln county may be located at a place other than the county seat.
AGO 1963 No. 27 >  May 29, 1963
OFFICES AND OFFICERS - COUNTY - SUPERINTENDENT - SALARY - INCREASES GRANTED BY 1963 LEGISLATURE - CONSTITUTIONAL PROHIBITION AGAINST INCREASING OR DECREASING SALARY OF COUNTY OFFICIAL AFTER ELECTION OR DURING TERM
OFFICES AND OFFICERS - COUNTY ‑- SUPERINTENDENT ‑- SALARY ‑- INCREASES GRANTED BY 1963 LEGISLATURE ‑- CONSTITUTIONAL PROHIBITION AGAINST INCREASING OR DECREASING SALARY OF COUNTY OFFICIAL AFTER… County superintendents of schools elected in November, 1962, to take office in September, 1963, may not receive the raise in salary granted by the 1963 legislature because of Article XI, § 8, of the State Constitution which prohibits increasing or decreasing the salary of a county officer after his election or during his term.
AGO 1984 No. 9 >  March 6, 1984
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - SHERIFF - SALARIES OR COMPENSATION
AUTHORITY TO FIX SALARIES OF DEPUTY SHERIFFS RCW 41.14.140 does not authorize, or empower, a county sheriff to fix the compensation of his deputies without regard to what the board of county commissioners might have determined.
AGO 1963 No. 39 >  July 24, 1963
OFFICES AND OFFICERS - COUNTY - BOARD OF COUNTY COMMISSIONERS - AUTHORITY TO RENT ROAD EQUIPMENT TO LOCAL CIVIL DEFENSE ORGANIZATION
OFFICES AND OFFICERS ‑- COUNTY ‑- BOARD OF COUNTY COMMISSIONERS ‑- AUTHORITY TO RENT ROAD EQUIPMENT TO LOCAL CIVIL DEFENSE ORGANIZATION A board of county commissioners has the authority to rent county road equipment to local civil defense organizations of the political subdivisions of this state for civil defense purposes.
AGO 1984 No. 16 >  June 28, 1984
OFFICES AND OFFICERS - COUNTY - SHERIFF - FUNDS
RETENTION BY COUNTY SHERIFF OF LOST OR ABANDONED MONEY A county sheriff, who officially comes into possession of "lost and found" money, may not keep and retain that money for his office's own use under any of the applicable provisions of chapter 63.40 RCW.
AGO 1984 No. 24 >  September 21, 1984
OFFICES AND OFFICERS - COUNTY - SHERIFF - ARREST - FEES
FEE UPON UNSUCCESSFUL ATTEMPT TO SERVE ARREST WARRANT Where a county sheriff makes one or more unsuccessful attempts to serve (or execute) an arrest warrant which is later cancelled or expires without having been successfully executed, and the sheriff makes a return of "not found" in order to show his efforts to execute the warrant, the sheriff is then entitled to a fee of five dollars "for making a return" plus a mileage fee, as provided for in RCW 36.18.040.
AGO 1976 No. 16 >  September 22, 1976
OFFICES AND OFFICERS - COUNTY - TREASURER - TAXATION - FUNDING COSTS OF PROPERTY TAX FORECLOSURES
OFFICES AND OFFICERS ‑- COUNTY ‑- TREASURER ‑- TAXATION ‑- FUNDING COSTS OF PROPERTY TAX FORECLOSURES All reasonably necessary costs of foreclosure, distraint and sale of property for delinquent taxes that can be traced by a reliable accounting method to the particular taxpayer and property involved may be (1) charged against the revolving fund created by RCW 82.56.020 and (2) recovered as costs of foreclosure or costs of distraint against the taxpayer or other party against whom that statute authorizes the charging of "costs."
AGO 1963 No. 53 >  September 4, 1963
OFFICES AND OFFICERS - COUNTY - ASSESSOR - EMPLOYMENT OF PRIVATE EXPERT APPRAISERS - ASSESSMENT OF FORESTRY LAND AND TIMBER - COST OF APPRAISAL - COUNTY, SCHOOLS AND JUNIOR TAXING DISTRICTS
OFFICES AND OFFICERS ‑- COUNTY ‑- ASSESSOR ‑- EMPLOYMENT OF PRIVATE EXPERT APPRAISERS ‑- ASSESSMENT OF FORESTRY LAND AND TIMBER ‑- COST OF APPRAISAL ‑- COUNTY, SCHOOLS AND JUNIOR TAXING DISTRICTS If a private forestry firm appraises, pursuant to a contract, the forestry land and timber in a county for tax assessment purposes, the cost must be paid from the assessor's budget and cannot be paid by the schools and junior taxing district on some theory of anticipated benefit.
AGO 1963 No. 64 >  October 10, 1963
OFFICES AND OFFICERS - COUNTY - AUDITOR - DEDUCTIONS FROM SALARY OF MARRIED EMPLOYEE NOT AMOUNTING TO ASSIGNMENT - AUTHORIZATION
OFFICES AND OFFICERS ‑- COUNTY ‑- AUDITOR ‑- DEDUCTIONS FROM SALARY OF MARRIED EMPLOYEE NOT AMOUNTING TO ASSIGNMENT ‑- AUTHORIZATION When requested by a married county employee to make payroll deductions for the payment of insurance premiums under RCW 41.04.020, or for contributions to the "United Fund" under RCW 41.04.036, or for the purposes set forth in § 3, chapter 164, Laws of 1963 (pledges to the United Good Neighbor or a successor, to a credit union, or monthly dues to a labor union), the county auditor is authorized to make such deduction since RCW 49.48.100 is not applicable.
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. 81 >  January 28, 1964
OFFICES AND OFFICERS - COUNTY - AUTHORITY TO PAY EXTRA COMPENSATION TO A SALARIED EMPLOYEE FOR OVERTIME WORK
OFFICES AND OFFICERS ‑- COUNTY ‑- AUTHORITY TO PAY EXTRA COMPENSATION TO A SALARIED EMPLOYEE FOR OVERTIME WORK A county official may pay extra compensation to a salaried employee for overtime work provided there has been compliance with the budgetary procedures which must be followed as a prerequisite to payment of any overtime compensation.
AGO 1964 No. 82 >  January 30, 1964
OFFICES AND OFFICERS - COUNTY - AUDITOR - DUTY TO ACCEPT FOR FILING PLATS SHOWING ESTABLISHED FARM UNITS UNDER RCW 89.12.040
OFFICES AND OFFICERS ‑- COUNTY ‑- AUDITOR ‑- DUTY TO ACCEPT FOR FILING PLATS SHOWING ESTABLISHED FARM UNITS UNDER RCW 89.12.040 Under RCW 89.12.040, as amended by chapter 3, Laws of 1963, the county auditor is not required to accept for filing any plats submitted by the Secretary of the Interior, other than those plats showing farm units established by the secretary.
AGO 1977 No. 6 >  February 17, 1977
OFFICES AND OFFICERS - COUNTY - PUBLIC DEFENDER - ESTABLISHMENT OF PUBLIC DEFENDER'S OFFICE UNDER CHAPTER 36.26 RCW
OFFICES AND OFFICERS ‑- COUNTY ‑- PUBLIC DEFENDER ‑- ESTABLISHMENT OF PUBLIC DEFENDER'S OFFICE UNDER CHAPTER 36.26 RCW (1) A county may establish a public defender's office without forming a public defender district pursuant to chapter 36.26 RCW.  (2) If a public defender district is formed pursuant to chapter 36.26 RCW, the public defender and other lawyers appointed thereunder will be county employees and not independent contractors.  (3) Because chapter 36.26 RCW contains no provision for the removal of a public defender appointed thereunder during his term of office, it is unclear whether he can be so removed; accordingly, clarifying legislation is recommended.  (4) A public defender district created pursuant to chapter 36.26 RCW may be terminated at any time by the process of repealing the county ordinances or resolutions by which the district was created.
AGO 1964 No. 107 >  June 16, 1964
OFFICES AND OFFICERS - COUNTY - ASSESSOR - STANDARDS FOR ASSESSMENT FOR PROPERTY TAX PURPOSES - CLASSIFICATION OR ZONING AS TO USE UNDER PLANNING ENABLING ACT
OFFICES AND OFFICERS ‑- COUNTY ‑- ASSESSOR ‑- STANDARDS FOR ASSESSMENT FOR PROPERTY TAX PURPOSES ‑- CLASSIFICATION OR ZONING AS TO USE UNDER PLANNING ENABLING ACT Where land has been classified or zoned as to its use under the provisions of chapter 36.70 RCW, the county assessor should take into consideration this fact but he is not bound thereby in exercising his judgment as to the best uses to which the property can be put.
AGO 1977 No. 12 >  June 2, 1977
OFFICES AND OFFICERS - COUNTY - SHERIFF-LABOR - APPLICABILITY OF STATE MINIMUM WAGE ACT TO DEPUTY SHERIFFS
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF-LABOR ‑- APPLICABILITY OF STATE MINIMUM WAGE ACT TO DEPUTY SHERIFFS Deputy county sheriffs appointed pursuant to RCW 36.16.070 and chapter 41.14 RCW are exempt from the state minimum wage act (chapter 49.46 RCW) by reason of so much of RCW 49.46.010(5)(k) as excludes any individual ". . . who holds a public . . . appointive office of . . ." the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof.
AGO 1977 No. 15 >  July 11, 1977
OFFICES AND OFFICERS - STATE - LEGISLATOR - COUNTY - ELECTIONS - NECESSITY OF ELECTION TO FILL VACANCY IN PARTISAN COUNTY OR LEGISLATIVE OFFICES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- COUNTY ‑- ELECTIONS ‑- NECESSITY OF ELECTION TO FILL VACANCY IN PARTISAN COUNTY OR LEGISLATIVE OFFICES (1) If a vacancy occurs in a partisan county or legislative office prior to the state general election which is to be held on November 8, 1977, an election will then be required for the remainder of the unexpired term regardless of whether or not the vacancy is initially filled by appointment.  (2) If such a vacancy occurs on or before the last Friday in July of 1977, filings should be accepted pursuant to RCW 29.18.030 and the election should be conducted accordingly in the usual manner.  (3) If such a vacancy occurs after the last Friday in July of 1977, but on or before the first Friday in August, nominations and filings may be made by the political parties under RCW 29.18.150.  (4) If, however, the vacancy does not occur until after the first Friday in August, 1977, the only method for conducting the election will be on a write‑in basis since RCW 29.21.350-29.21.410 only pertain to elections for nonpartisan offices.
AGO 1977 No. 22 >  November 10, 1977
OFFICES AND OFFICERS - COUNTY - CORONER - TREASURER - DECEDENTS - ESCHEAT - PROBATE OF CERTAIN DECEDENTS' ESTATES
OFFICES AND OFFICERS ‑- COUNTY ‑- CORONER ‑- TREASURER ‑- DECEDENTS ‑- ESCHEAT ‑- PROBATE OF CERTAIN DECEDENTS' ESTATES The provisions of RCW 36.24.130 and 36.24.140 do not authorize a county to probate the estate of the person who has died without heirs or to place to the credit of the county other assets of the decedent except ". . . money or other property which may be found upon the dead body . . ." 
AGO 1986 No. 12 >  October 27, 1986
COUNTY - EMPLOYMENT - RETIREMENT - MEDICAL BENEFITS
LIABILITY FOR COSTS OF NURSING HOME CARE FOR RETIRED LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS RCW 41.26.150 makes the counties responsible for the costs of nursing home care for those individuals retired from county employment under the Law Enforcement Officers' and Fire Fighters' Act for so long as nursing home confinement is required. The county may reduce the amount paid monthly to a retiree by the amount currently received from another source as reimbursement for medical services but not for those monies received by the retiree for other purposes such as a general retirement allowance.
AGO 1977 No. 2 >  January 10, 1977
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - SALARIES - INCREASE IN SALARIES OF COUNTY COMMISSIONERS UPON RECLASSIFICATION OF COUNTY
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- SALARIES ‑- INCREASE IN SALARIES OF COUNTY COMMISSIONERS UPON RECLASSIFICATION OF COUNTY Under present state constitutional provisions, it is now permissible for county commissioners to receive a legislatively granted mid-term salary increase resulting from an upward reclassification of their county and the commissioners may, constitutionally, adopt appropriate budgetary amendments to fund such salary increases.
AGO 1965 No. 4 >  January 18, 1965
OFFICES AND OFFICERS - COUNTY - ASSESSOR - TAX ROLLS - LISTING OF PROPERTY - AUTHORITY TO CORRECT POSSIBLE ERROR
OFFICES AND OFFICERS ‑- COUNTY ‑- ASSESSOR ‑- TAX ROLLS ‑- LISTING OF PROPERTY ‑- AUTHORITY TO CORRECT POSSIBLE ERROR If an assessor has good reason to believe that there may be an error in the tax rolls which would result in certain property being assessed at other than its true and fair value, he has the authority and a duty to determine whether an error does exist, and if so, to take whatever corrective measures that are necessary.
AGO 1965 No. 7 >  February 9, 1965
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - SCHOOL BOARD MEMBER - INCOMPATIBLE OFFICES
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- SCHOOL BOARD MEMBER ‑- INCOMPATIBLE OFFICES In a county in which federal forest funds or public utility district funds are disbursed to the school districts of the county, the offices of county commissioner and school district director are incompatible.
AGO 1965 No. 20 >  May 26, 1965
OFFICES AND OFFICERS - COUNTY - AUDITOR - VACANCY IN OFFICE - APPOINTMENT BY COUNTY COMMISSIONERS - COMMISSIONER NOT ELIGIBLE FOR APPOINTMENT - RESIGNATION
OFFICES AND OFFICERS ‑- COUNTY ‑- AUDITOR ‑- VACANCY IN OFFICE ‑- APPOINTMENT BY COUNTY COMMISSIONERS ‑- COMMISSIONER NOT ELIGIBLE FOR APPOINTMENT ‑- RESIGNATION ‑- EFFECT (1) A board of county commissioners may not appoint one of its members to fill a vacancy in the office of county auditor. (2) Same: If a county commissioner were to resign his office for the sole purpose of accepting an appointment as the county auditor under a prior agreement to that effect with the board of which he was a member, the member would still be ineligible for the appointment notwithstanding his resignation.
AGO 1965 No. 31 >  August 12, 1965
OFFICES AND OFFICERS - COUNTY - ASSESSORS - TAXATION - REAL PROPERTY - MAXIMUM LEVEL OF ASSESSMENT
BLANKET PERCENTAGE INCREASE WITHOUT PHYSICAL INSPECTION OF PROPERTY (1) A county assessor may, within the limits prescribed by RCW 84.40.030 and Article VII, § 2, Amendment 17, Washington State Constitution (assessment of property at fifty percent of its true and fair value in money) increase the level of assessment on all property in his county on a uniform basis although it may not be possible to make a physical inspection or reappraisement of all the property in the county during a single year. (2) A county assessor whose records do not specifically list the 100% market value of properties in the county, but simply the assessed value, may nevertheless make the contemplated adjustment in the level of assessment since full true and fair market value is ascertainable from the information available in his office.
AGO 1978 No. 17 >  May 11, 1978
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - PROPERTY - HOUSING AUTHORITIES - SALE OF PROPERTY BY COUNTY COMMISSIONER TO COUNTY HOUSING AUTHORITY
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- PROPERTY ‑- HOUSING AUTHORITIES ‑- SALE OF PROPERTY BY COUNTY COMMISSIONER TO COUNTY HOUSING AUTHORITY Except under certain special circumstances whereby the normal relationship between a board of county commissioners and a county housing authority is modified, as further indicated herein, the sale of real property by a county commissioner to a county housing authority within the same county does not violate any statutory provision concerning conflicts of interest.
AGO 1965 No. 38 >  September 15, 1965
FUNDS - COUNTY - TREASURER - FINANCE COMMITTEE - AUTHORITY TO DESIGNATE DEPOSITARY OF COUNTY FUNDS OR AMOUNTS THEREOF IN PARTICULAR DEPOSITARIES
FUNDS ‑- COUNTY ‑- TREASURER ‑- FINANCE COMMITTEE ‑- AUTHORITY TO DESIGNATE DEPOSITARY OF COUNTY FUNDS OR AMOUNTS THEREOF IN PARTICULAR DEPOSITARIES A county finance committee does not have the authority to direct which of several eligible banks shall be designated by the county treasurer as depositary of county funds or to determine the amount of funds to be placed in a particular depositary.
AGO 1987 No. 15 >  May 5, 1987
COUNTY - POLYGRAPH EXAMINATIONS - LAW ENFORCEMENT AGENCY
COUNTY ‑- LAW ENFORCEMENT AGENCY ‑- POLYGRAPH EXAMINATIONS ‑- AUTHORITY TO ADMINISTER POLYGRAPH EXAMINATION TO NEW EMPLOYEES The security committee of the Grant County dispatch center, consisting of the representatives of the law enforcement agencies of Grant County, has the authority under RCW 49.44.120 to require polygraph examinations of those current employees of the dispatch center who have never been under the control of a law enforcement agency prior to commencing employment at the dispatch center.
AGO 1966 No. 66 >  January 10, 1966
OFFICES AND OFFICERS - STATE - COUNTY - ELIGIBILITY OF CANDIDATE - CONVICTION OF FELONY OR GROSS MISDEMEANOR - DISMISSAL OF PROCEEDINGS UNDER RCW 9.95.240
OFFICES AND OFFICERS ‑- STATE ‑- COUNTY ‑- ELIGIBILITY OF CANDIDATE ‑- CONVICTION OF FELONY OR GROSS MISDEMEANOR ‑- DISMISSAL OF PROCEEDINGS UNDER RCW 9.95.240 Assuming a person is otherwise qualified for a particular public office, he may file for and hold, if elected, a state or county office even though he had previously entered a plea or was found guilty of a felony (an infamous crime in this state resulting in a loss of the elective franchise) where his sentence was deferred; he was placed on probation and at the expiration thereof the superior court dismissed the proceedings under RCW 9.95.240, releasing him "from all penalties and disabilities resulting from the offense or crime of which he was convicted."
AGO 1966 No. 68 >  January 17, 1966
OFFICES AND OFFICERS - COUNTY - TREASURER - SCHOOL DISTRICT OR OTHER MUNICIPAL FUNDS - REFUNDING BOND ISSUE - PROCEEDS IN CUSTODY OF TREASURER - INVESTMENT FEE
OFFICES AND OFFICERS ‑- COUNTY ‑- TREASURER ‑- SCHOOL DISTRICT OR OTHER MUNICIPAL FUNDS ‑- REFUNDING BOND ISSUE ‑- PROCEEDS IN CUSTODY OF TREASURER ‑- INVESTMENT FEE Where a school district or other municipal corporation issues and sells refunding bonds pursuant to chapter 138, Laws of 1965, Ex. Sess., and places the proceeds in the custody of its county treasurer for investment pending ultimate application to the purpose for which the bonds have been issued, the investment service fee provided by RCW 28.58.440 or RCW 39.29.020 is to be charged.
AGO 1966 No. 70 >  January 21, 1966
OFFICES AND OFFICERS - COUNTY - AUDITOR - ISSUANCE OF MARRIAGE LICENSE - THREE‑DAY WAITING PERIOD - DELIVERY OF LICENSE
OFFICES AND OFFICERS ‑- COUNTY ‑- AUDITOR ‑- ISSUANCE OF MARRIAGE LICENSE ‑- THREE‑DAY WAITING PERIOD ‑- DELIVERY OF LICENSE (1) In computing the three‑day waiting period for issuance of a marriage license a county auditor may count days on which his office is closed. (2) If the third day falls on a day on which a county auditor's office is closed, the auditor may authorize a qualified person in the sheriff's office to deliver the marriage license to the applicant at the sheriff's office on such date provided (1) the person who actually delivers the license has been appointed as a deputy county auditor under RCW 36.16.070; and (2) the county commissioners by resolution have authorized such activity.
AGO 1966 No. 110 >  October 5, 1966
OFFICES AND OFFICERS - COUNTY - AUDITOR - MICROFILMING OF LEGAL INSTRUMENTS
OFFICES AND OFFICERS ‑- COUNTY ‑- AUDITOR ‑- MICROFILMING OF LEGAL INSTRUMENTS A county auditor is not authorized by RCW 65.04.040, as amended by § 1, chapter 254, Laws of 1959, to microfilm recordings of legal instruments recorded in his office prior to the statutory amendment and then to destroy the original recordings under RCW 40.14.070.
AGO 1966 No. 115 >  October 20, 1966
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEYS - POWER OF COUNTY COMMISSIONERS TO PROHIBIT PRIVATE LAW PRACTICE BY PROSECUTING ATTORNEYS - SAME AS TO FIXING SALARIES
OFFICES AND OFFICERS ‑- COUNTY ‑- PROSECUTING ATTORNEYS ‑- POWER OF COUNTY COMMISSIONERS TO PROHIBIT PRIVATE LAW PRACTICE BY PROSECUTING ATTORNEYS ‑- SAME AS TO FIXING SALARIES (1) The county commissioners of a second (or lower) class county may not make a law prohibiting their prosecuting attorney from engaging in the private practice of law where the legislature has enacted a statute which permits such practice. (2) A county may not pay its prosecuting attorney a salary greater than that fixed by RCW 36.17.020, as consideration for his agreement not to engage in private practice.
AGO 1967 No. 23 >  June 20, 1967
OFFICES AND OFFICERS - COUNTY - TREASURER - INVESTMENT OF MUNICIPAL FUNDS BY COUNTY TREASURERS UNDER § 1, CHAPTER 173, LAWS OF 1967
OFFICES AND OFFICERS - COUNTY - TREASURER - INVESTMENT OF MUNICIPAL FUNDS BY COUNTY TREASURERS UNDER § 1, CHAPTER 173, LAWS OF 1967 (1) When the governing body of a municipal corporation has directed the investment of less than all of its surplus funds which are in the custody of the county treasurer, and thereafter the treasurer, pursuant to § 1, chapter 173, Laws of 1967, invests all such surplus as part of the county's residual treasury cash balance ". . . to the maximum prudent extent . . . in United States government securities . . ." such investment does not affect the individual fund balances of the respective municipal corporations in his custody, and each municipal corporation retains the power to expend or invest its funds according to the respective fund balances shown in its accounts. (2) A proposed accounting regulation of the state auditor requiring county treasurers to account uniformly for their investments made under the provisions of chapter 173, Laws of 1967, as investments of residual cash in the county treasury would be consistent with the provisions and intent of the act. (3) It is the responsibility of the county finance committee, rather than that of the treasurer, to ascertain both the availability of surplus municipal funds for investment under the provisions of chapter 173, Laws of 1967, and the "maximum prudent extent" to which they may be invested, taking into account both the anticipated expenditure and investment requirements of each municipal corporation whose funds are in the custody of the county treasurer.
AGO 1968 No. 9 >  February 20, 1968
OFFICES AND OFFICERS - COUNTY - SHERIFF - MOTOR VEHICLES - LIENS - RECOVERY AND DISPOSITION OF STOLEN VEHICLES
OFFICES AND OFFICERS - COUNTY - SHERIFF - MOTOR VEHICLES - LIENS - RECOVERY AND DISPOSITION OF STOLEN VEHICLES (1) Where a sheriff finds a reported stolen vehicle abandoned on a public highway or at some other place in his county, he may, in the absence of available public equipment and facilities for such purposes, employ the operator of a private towing and storage service to tow and store such vehicle until the owner appears and claims it. (2) In such a case, the private towing and storage operator who has been thus employed may assert a lien in the vehicle against the owner for payment of such towing and storage charges as are due at the time the owner appears to claim the vehicle.
AGO 1968 No. 35 >  November 20, 1968
OFFICES AND OFFICERS - COUNTY - CORONER - AUTOPSIES - SUBMISSION OF BLOOD SAMPLES TO STATE TOXICOLOGIST BY CORONERS IN CASE OF ALL TRAFFIC FATALITIES
OFFICES AND OFFICERS - COUNTY - CORONER - AUTOPSIES - SUBMISSION OF BLOOD SAMPLES TO STATE TOXICOLOGIST BY CORONERS IN CASE OF ALL TRAFFIC FATALITIES A county coroner may take a blood sample from a person killed in a traffic accident and submit this sample to the state toxicologist for examination without violating RCW 68.08.105, relating to the confidentiality of reports and records of autopsies or post mortems; however, the state toxicologist has no authority to require any such blood sample to be submitted to him.
AGO 1969 No. 7 >  March 4, 1969
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - JUVENILE COURTS - INCOMPATIBLE OFFICES
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - JUVENILE COURTS - INCOMPATIBLE OFFICES (1) The supreme court's adoption of the new juvenile court rules does constitute a "nondebatable" emergency so as to justify the expenditure of those county funds which are necessary to implement, and comply with, the rules, under authority of RCW 36.40.180. (2) The duties which are imposed upon a prosecuting attorney by the new juvenile court rules are such as to render his office and that of the county juvenile probation officer incompatible, to the end that the two positions may not simultaneously be held by the same person.
AGO 1969 No. 20 >  October 16, 1969
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEYS - SALARIES - PAYMENT OF ONE HALF BY STATE - FRINGE BENEFITS
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEYS - SALARIES - PAYMENT OF ONE HALF BY STATE - FRINGE BENEFITS The requirement in RCW 36.17.020, as amended by § 1, chapter 226, Laws of 1969, Ex. Sess., that "one half the salary of each prosecuting attorney shall be paid by the state" does not impose an obligation upon the state to make one half of the employer's required payments for state retirement and social security coverage for such prosecuting attorneys as are participating in these retirement programs.
AGO 1959 No. 3 >  January 21, 1959
OFFICES AND OFFICERS - COUNTY - HEALTH OFFICER - FEE FOR EXAMINATION OF MENTALLY ILL PERSONS
OFFICES AND OFFICERS ‑- COUNTY ‑- HEALTH OFFICER ‑- FEE FOR EXAMINATION OF MENTALLY ILL PERSONS. A county health officer may be paid a fee for examination of persons suspected of being mentally ill but not be paid per diem for his attendance and testimony on the mental illness complaint.
AGO 1959 No. 8 >  February 11, 1959
ELECTIONS - COUNTY - FILLING OF VACANCY OF COUNTY TREASURER
ELECTIONS ‑- COUNTY ‑- FILLING OF VACANCY OF COUNTY TREASURER. Where an incumbent county treasurer is re‑elected [[reelected]] and dies before the commencement of the new term an appointee filling the vacancy holds office from the date of appointment until the next general election and until a successor is elected and qualified.
AGO 1959 No. 14 >  February 19, 1959
OFFICES AND OFFICERS - COUNTY - TREASURER - AUTHORITY TO REFUSE TO ACCEPT DELINQUENT IRRIGATION OR DRAINAGE DISTRICT ASSESSMENTS
OFFICES AND OFFICERS ‑- COUNTY ‑- TREASURER ‑- AUTHORITY TO REFUSE TO ACCEPT DELINQUENT IRRIGATION OR DRAINAGE DISTRICT ASSESSMENTS The county treasurer cannot refuse to accept the first half of either irrigation or drainage district assessments after such first half assessments are delinquent but before the second half are delinquent and require the assessment to be paid in full.
AGO 1959 No. 16 >  February 24, 1959
OFFICES AND OFFICERS - COUNTY - SHERIFF - DUTIES WITH REGARD TO ABANDONED MOTOR VEHICLES
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- DUTIES WITH REGARD TO ABANDONED MOTOR VEHICLES Motor vehicles left in storage by other than registered owner in excess of fifteen days is abandoned and must be turned over to the sheriff.  Garage owner failing to do so is guilty of a misdemeanor under RCW 46.64.050 and forfeits his claim for storage.
AGO 1959 No. 28 >  April 6, 1959
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE COMMISSION - DISMISSAL OF PROBATIONER BY APPOINTING AUTHORITY
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE COMMISSION - DISMISSAL OF PROBATIONER BY APPOINTING AUTHORITY (1)  The sheriff as appointing authority under Initiative No. 23 who dismisses a probationer is not required to notify the civil service commission of the basis for the dismissal. (2)  A probationer who has been dismissed does not have the right to have his dismissal reviewed by the civil service commission.
AGO 1959 No. 29 >  April 16, 1959
OFFICES AND OFFICERS - COUNTY - SHERIFF - AUTHORITY TO BE APPOINTED DEPUTY SHERIFF IN AN ADJOINING COUNTY AND RECEIVE COMPENSATION FOR HIS WORK WHILE STILL SHERIFF - RESIDENCE REQUIREMENT OF DEPUTY SHERIFF
OFFICES AND OFFICERS - COUNTY - SHERIFF - AUTHORITY TO BE APPOINTED DEPUTY SHERIFF IN AN ADJOINING COUNTY AND RECEIVE COMPENSATION FOR HIS WORK WHILE STILL SHERIFF - RESIDENCE REQUIREMENT OF DEPUTY... (1)  A deputy sheriff with a regular commission must be a resident of the county in which he holds such commission. (2)  An elected sheriff may not be appointed a regular deputy sheriff in another county; if he is so appointed he is a de facto officer and is not entitled to compensation from the appointing authority.
AGO 1959 No. 30 >  April 27, 1959
OFFICES AND OFFICERS - COUNTY - SHERIFF - APPLICABILITY OF VETERANS PREFERENCE ACTS TO INITIATIVE NO. 23, SHERIFFS' EMPLOYEES' CIVIL SERVICE
OFFICES AND OFFICERS - COUNTY - SHERIFF - APPLICABILITY OF VETERANS PREFERENCE ACTS TO INITIATIVE NO. 23, SHERIFFS' EMPLOYEES' CIVIL SERVICE 1.  RCW 73.16.010, which provides that veterans shall be preferred for appointment and employment in every public department is not applicable to positions covered by Initiative No. 23. 2.  RCW 41.04.010, which provides that veterans shall be given a preference in all competitive examinations for public office, position or employment is applicable to position covered by Initiative No. 23. 3.  Either a "newspaper article" or a "paid legal publication" is sufficient to meet one of the requirements of public notice of civil service examination contained in proposed civil service Rule V, § 1.
AGO 1959 No. 44 >  June 5, 1959
OFFICES AND OFFICERS - COUNTY - SHERIFF - LIABILITY FOR ACTS OF HIS DEPUTIES UNDER INITIATIVE 23
OFFICES AND OFFICERS - COUNTY - SHERIFF - LIABILITY FOR ACTS OF HIS DEPUTIES UNDER INITIATIVE 23 A county sheriff is no longer liable for the acts of his deputies who are in the classified service since the enactment of Initiative 23; but he is liable for acts of his deputies who are not in the classified service.
AGO 1959 No. 46 >  June 24, 1959
OFFICES AND OFFICERS - COUNTY - WARRANTS - EFFECT OF STATUTE AUTHORIZING BIMONTHLY PAYMENT TO COUNTY EMPLOYEES UPON STATUTE REQUIRING TEN DAYS BEFORE COUNTY WARRANT IS TO ISSUE, AFTER ITS APPROVAL
OFFICES AND OFFICERS - COUNTY - WARRANTS - EFFECT OF STATUTE AUTHORIZING BIMONTHLY PAYMENT TO COUNTY EMPLOYEES UPON STATUTE REQUIRING TEN DAYS BEFORE COUNTY WARRANT IS TO ISSUE, AFTER ITS APPROVAL RCW 36.17.040, authorizing the payment of salaries bimonthly to county employees, as amended by chapter 300, Laws of 1959, supersedes RCW 36.22.050, restricting the issuance of warrants for ten days after the date of allowance.
AGO 1959 No. 48 >  June 25, 1959
OFFICES AND OFFICERS - COUNTY - SUPERINTENDENT OF SCHOOLS - SPECIAL SERVICE FUND
OFFICES AND OFFICERS - COUNTY - SUPERINTENDENT OF SCHOOLS - SPECIAL SERVICE FUND (1)  Money left from the state allocation of funds to the county superintendent for the 1958-59 school year should be transferred to the new county superintendent's special service fund by order or resolution of the board of county commissioners. (2)  Any state funds received under the allocation for the year 1958-59 that will be unexpended on July 1, 1959, must be considered in computing the amount of state funds to be allocated for the year 1959-60. (3)  Money remaining in the special service fund December 31, 1959, will remain in the fund and will not lapse; and in expending funds from the special service allotments, the calendar year prescribed for county budgets must be followed.  (4)  The county board of education cannot by resolution give authority to the county superintendent of schools to sign vouchers drawn upon such fund.
AGO 1959 No. 59 >  August 20, 1959
OFFICES AND OFFICERS - COUNTY - PLANNING COMMISSION - AUTHORITY TO CONTROL USE OF INDIAN ALLOTMENT LANDS LEASED TO A NON-INDIAN
OFFICES AND OFFICERS - COUNTY - PLANNING COMMISSION - AUTHORITY TO CONTROL USE OF INDIAN ALLOTMENT LANDS LEASED TO A NON-INDIAN A county planning commission has no authority to control the use of Indian allotment lands which are leased to a non-Indian.
AGO 1959 No. 87 >  November 25, 1959
COUNTY - ROADS - WITH THE RIGHT OF WAY ACQUIRED BY COUNTY UNDER RCW 36.75.070 AND 36.75.080
COUNTY - ROADS - WITH THE RIGHT OF WAY ACQUIRED BY COUNTY UNDER RCW 36.75.070 AND 36.75.080 The width of the right of way which a county is entitled to rely upon for maintenance and improvement on highways acquired by the county under RCW 36.75.070 and 36.75.080 is such width as is reasonably necessary for public travel.
AGO 1960 No. 109 >  March 31, 1960
OFFICES AND OFFICERS - COUNTY - COUNTY COMMISSIONERS - AUTHORITY TO GRANT A FRANCHISE OVER COUNTY LANDS
OFFICES AND OFFICERS - COUNTY - COUNTY COMMISSIONERS - AUTHORITY TO GRANT A FRANCHISE OVER COUNTY LANDS The board of county commissioners does not have legal authority to grant a perpetual franchise over county lands to the Bonneville Power Administration for a power line.
AGO 1960 No. 112 >  March 18, 1960
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - AUTHORITY TO ENACT AN ORDINANCE ALLOWING EMPLOYEES OF THE COUNTY TO COLLECT ACCRUED VACATION UPON TERMINATION OF EMPLOYMENT
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - AUTHORITY TO ENACT AN ORDINANCE ALLOWING EMPLOYEES OF THE COUNTY TO COLLECT ACCRUED VACATION UPON TERMINATION OF EMPLOYMENT The board of county commissioners has the authority to adopt for the county an ordinance containing provisions similar to those of RCW 43.01.041 allowing payment to be made to employees for accrued vacation upon termination of employment.
AGO 1957 No. 90 >  July 2, 1957
INCOMPATIBLE OFFICES - OFFICES AND OFFICERS - CITY - COUNTY - CITIES AND TOWNS - COUNTIES - COUNTY COMMISSIONERS
INCOMPATIBLE OFFICES -- OFFICES AND OFFICERS ‑- CITY ‑- COUNTY -- CITIES AND TOWNS -- COUNTIES -- COUNTY COMMISSIONERS The offices of county commissioner and mayor of a third class city are incompatible.
AGO 1960 No. 125 >  June 22, 1960
OFFICES AND OFFICERS - COUNTY - CLERK - AUTHORITY TO DESTROY OLD COURT RECORDS
OFFICES AND OFFICERS - COUNTY - CLERK - AUTHORITY TO DESTROY OLD COURT RECORDS 1.  County clerks are legally authorized to destroy old court records filed in their offices pursuant to RCW 36.23.065 and 36.23.070.  Destruction of other county records is controlled by chapter 40.14 RCW. 2.  Such records may not be destroyed without photo stating after they are more than ten years old.
AGO 1960 No. 144 >  September 26, 1960
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - AUTHORITY TO COMPEL PORT TO DEFRAY ADMINISTRATIVE COSTS OF REFUNDING TAXES ILLEGALLY ASSESSED AND COLLECTED
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - AUTHORITY TO COMPEL PORT TO DEFRAY ADMINISTRATIVE COSTS OF REFUNDING TAXES ILLEGALLY ASSESSED AND COLLECTED King County may not legally compel the Port of Seattle to defray the administrative costs of refunding taxes illegally assessed and collected for the Duwamish Industrial Survey.
AGO 1960 No. 146 >  September 28, 1960
OFFICES AND OFFICERS - COUNTY - SHERIFF - DISPOSAL OF STOLEN PROPERTY
OFFICES AND OFFICERS - COUNTY - SHERIFF - DISPOSAL OF STOLEN PROPERTY There is no legal procedure for the disposition of stolen tangible property which has come into the county sheriff's possession in the course of his official duties.
AGO 1960 No. 170 >  December 27, 1960
OFFICES AND OFFICERS - COUNTY - SHERIFF - FEE SCHEDULE
OFFICES AND OFFICERS - COUNTY - SHERIFF -FEE SCHEDULE (1) A sheriff may charge ten cents per mile in serving a summons and complaint where service is not obtained until the fifth trip.(2)  A $2.00 fee is applicable to returns of execution, personal and real, attachments, personal and real, and order of sale, personal and real.(3)  Under RCW 36.18.040 the fee for serving or executing any other writ or process in a civil action or proceeding not specifically covered by other provisions of the act is $2.00 and mileage; and for the execution of any process requiring or commanding something to be done in a criminal action the fee is $4.00. (4)  The sheriff may charge $3.00 for levying each writ of attachment or execution and $2.00 for filing the same with the auditor.(5)  In computing mileage traveled the sheriff may round off the mileage traveled at the nearest mile.(6)  The fees to be charged for processing of a sale under order of sale and execution are set forth in the opinion.(7)  Under RCW 6.16.020 (3) a television set may be included in the exemption from execution allowed a household.
AGO 1958 No. 219 >  September 30, 1958
HOSPITALS - COUNTY HOSPITAL - AUTHORITY OF BOARD OF TRUSTEES TO PROVIDE FOR A DEPARTMENT FOR CARE AND TREATMENT OF TUBERCULAR PERSONS - OFFICES AND OFFICERS - COUNTY - AUTHORITY OF BOARD OF TRUSTEES TO CREATE A DEPARTMENT IN COUNTY GENERAL HOSPITAL TO CARE FOR T.B. [[TB]]PATIENTS
HOSPITALS‑-COUNTY HOSPITAL‑-AUTHORITY OF BOARD OF TRUSTEES TO PROVIDE FOR A DEPARTMENT FOR CARE AND TREATMENT OF TUBERCULAR PERSONS‑-OFFICES AND OFFICERS‑-COUNTY‑-AUTHORITY OF BOARD OF TRUSTEES TO... In counties where no county tuberculosis hospitals exist, the board of trustees of the county general hospital may provide for a department therein to care for tubercular patients.
AGO 1958 No. 220 >  September 30, 1958
OFFICES AND OFFICERS - COUNTY - AUTHORITY OF COUNTY COMMISSIONERS TO CONTRACT FOR HEALTH CARE SERVICE FOR COUNTY ELECTED OFFICERS
OFFICES AND OFFICERS ‑- COUNTY ‑- AUTHORITY OF COUNTY COMMISSIONERS TO CONTRACT FOR HEALTH CARE SERVICE FOR COUNTY ELECTED OFFICERS Board of county commissioners has no statutory authority to pay the premium of a group health plan for elected county officers.
AGO 1958 No. 228 >  November 19, 1958
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - AUTHORITY TO ENTER INTO UNION SHOP AGREEMENT
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- AUTHORITY TO ENTER INTO UNION SHOP AGREEMENT The board of county commissioners has the authority under state law to enter into a so-called union shop agreement with a union covering road department employees.
AGO 1956 No. 184 >  January 13, 1956
SALARIES - OFFICES AND OFFICERS - CITY - COUNTY - STATE
SALARIES ‑- OFFICES AND OFFICERS -- CITY -- COUNTY -- STATE A mayor's salary may not be increased after his election.  The salary may be increased after the close of time for filing or the primary election.
AGO 1954 No. 348 >  December 1, 1954
OFFICERS - COUNTY - IRRIGATION DISTRICT DIRECTOR - DISQUALIFICATION DURING INCUMBENCY - REMOVAL OF SUCH DISQUALIFICATION - VACANCY - NONAUTOMATIC
OFFICERS ‑- COUNTY ‑- IRRIGATION DISTRICT DIRECTOR ‑- DISQUALIFICATION DURING INCUMBENCY ‑- REMOVAL OF SUCH DISQUALIFICATION ‑- VACANCY ‑- NONAUTOMATIC Statutory qualifications for irrigation director are continuing during incumbency and disqualification of director subjects such office to declaration of vacancy by proper authorities unless disqualification be removed prior to such declaration.
AGO 1955 No. 16 >  January 26, 1955
HOUSING AUTHORITY - COUNTY - OPERATION OF COMMERCIAL BUILDING
HOUSING AUTHORITY ‑- COUNTY ‑- OPERATION OF COMMERCIAL BUILDING. A housing authority as authorized to operate an existing commercial building embraced within its limits.
AGO 1954 No. 336 >  October 22, 1954
HOSPITALS - COUNTY - BUDGET - SALARY AND WAGES - POWER TO FIX - COUNTY COMMISSIONERS
HOSPITALS ‑- COUNTY ‑- BUDGET ‑- SALARY AND WAGES ‑- POWER TO FIX ‑- COUNTY COMMISSIONERS County commissioners have the power to fix the budget of the county hospitals.  The board of trustees of a county hospital, through the general superintendent, has the power to hire and classify employees, but the county commissioners fix the budgetary allocation for salaries for each classification.
AGO 1953 No. 134 >  September 17, 1953
COUNTIES - OFFICERS - DIRECTOR OF HEALTH - FUNDS - COUNTY
TRANSFER OF FUNDS WITHIN THE BUDGET The county director of health may not legally transfer funds from one general class of his budget to another.
AGLO 1982 No. 19 >  July 30, 1982
OFFICES AND OFFICERS - COUNTY - CLERK - FEES - JUDGMENTS
IMPOSITION OF ADDITIONAL FILING FEE UPON COMMENCEMENT OF SUPPLEMENTAL PROCEEDINGS A county clerk is not authorized to impose an additional filing fee, pursuant to RCW 36.18.020 when a judgment creditor, after filing the abstract of judgment (and paying the fee which is then required) commences supplemental proceedings.
AGLO 1982 No. 25 >  November 10, 1982
OFFICES AND OFFICERS - COUNTY - SHERIFF - JAILS
ACCEPTANCE OF PRISONERS IN EXCESS OF JAIL CAPACITY A county sheriff or director of a county department of corrections is not authorized to refuse to accept custody of persons ordered by a court of competent jurisdiction to be confined in a county jail, or to release other prisoners to make room for such persons, for the sole purpose of avoiding overcrowding in violation of State Jail Commission custodial care standards.
AGLO 1981 No. 5 >  March 9, 1981
OFFICES AND OFFICERS - COUNTY - CLERK - FUNDS
INTEREST ON INVESTMENT OF CLERK'S TRUST FUND

Where monies totalling $2,000 or more have been placed in trust with a superior court clerk in connection with a particular matter in litigation, and a litigant in the matter has filed a written request that investment be made of such funds and the income be paid to the beneficiary, all income from such investment is to be paid to the beneficiary with the exception of five percent thereof which the statute allows the clerk to deduct as an investment service fee.

AGLO 1981 No. 28 >  October 27, 1981
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE
INSPECTION OF SHERIFF'S OFFICE BY CIVIL SERVICE COMMISSION A county sheriff may not legally adopt and enforce an administrative rule under which no civil service commission member or members would be allowed on the sheriff's department's premises during the course of an inspection or investigation conducted under RCW 41.14.060(3) unless accompanied by a member of the sheriff's staff.
AGLO 1980 No. 2 >  January 11, 1980
OFFICES AND OFFICERS - COUNTY - CLERK - BONDS - ELECTIONS
FAILURE OF ELECTED COUNTY CLERK TO EXECUTE OFFICIAL BOND The failure of a newly elected county clerk to execute and furnish an official bond pursuant to RCW 36.16.050 does not cause a vacancy in the office to exist pursuant to RCW 42.12.010; instead, such omission merely bars the newly elected clerk from qualifying and, thus, continues the term of his or her predecessor who, however, may, by resigning or refusing to serve, cause a vacancy to come into existence.
AGLO 1980 No. 13 >  March 18, 1980
OFFICES AND OFFICERS - COUNTY - SHERIFF
CLOTHING ALLOWANCE FOR CIVILIAN CLOTHING As amended by § 1, chapter 132, Laws of 1979, RCW 36.28.180 does authorize the expenditure of county money for civilian clothing for nonuniformed sheriff deputies such as detectives, but only to the extent that the civilian clothing in question has been determined to be necessary for the performance of their official duties.
AGLO 1980 No. 19 >  April 30, 1980
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - JUVENILE - SCHOOLS
RELEASE OF JUVENILE RECORDS TO SCHOOL DISTRICTS A prosecuting attorney who is in possession of records or other documentary evidence relating to an alleged offense by a juvenile to which chapter 13.50 RCW applies may not, on that basis, release those records or documents to an attorney representing the local school district, one of whose schools the juvenile in question is attending.
AGLO 1980 No. 22 >  June 23, 1980
OFFICES AND OFFICERS - COUNTY - CORONER - ELECTIONS
ELECTION OF COUNTY CORONER ON THE BASIS OF AN ANTICIPATED CHANGE IN COUNTY CLASSIFICATION (1) The Island County auditor may not accept filings for the office of coroner to be placed on the 1980 primary and general election ballot solely on the basis of an assumption or anticipation that Island County will be reclassified as a third class county following completion of the 1980 federal census. (2) In the absence of reclassification of Island County on the basis of the federal census prior to the candidates' filing period set forth in RCW 29.18.030, it would be a prerequisite to placing the office of coroner on the ballot that the county commissioners first do what is contemplated by RCW 36.13.020, et seq., in order to cause Island County to become a third, instead of a fourth, class county.
AGLO 1980 No. 25 >  July 22, 1980
OFFICES AND OFFICERS - COUNTY - ASSESSORS - TAXATION - PROPERTY
NECESSITY FOR PHYSICAL INSPECTION Except as permitted by RCW 84.41.041 based on appropriate statistical data, no revaluation of property for tax purposes can take place without a physical inspection.
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 1980 No. 31 >  November 3, 1980
OFFICES AND OFFICERS - COUNTY - AUDITOR - PLATS AND SUBDIVISIONS - LAND SURVEYS
PROCESSING AND RECORDING OF LAND SURVEYS

(1) A county auditor is legally authorized to reject records of survey which do not meet the requirements set forth in chapter 332-130 WAC, chapter 58.09 RCW and chapter 58.17 RCW.(2) A county auditor is required by RCW 58.17.190‑-prior to approval by the appropriate local legislative body‑-to refuse to accept for recordation any maps or representations which in fact constitute a "plat" of a "subdivision" required to be filed under chapter 58.17 RCW, and which otherwise contain a survey of such a subdivision.

AGO 1975 No. 23 >  November 14, 1975
OFFICES AND OFFICERS - STATE - COUNTY - CITY - GOVERNOR - LEGISLATOR - COUNTY COMMISSIONERS
USE OF OFFICE FACILITIES TO PROMOTE PASSAGE OR DEFEAT OF BALLOT PROPOSITIONS.

(1) Although a state legislator may, at public expense, inform his constituents on matters pending, proposed, enacted or defeated by the legislature (including the legislator's own views and/or voting record on such matters), such a legislator is prohibited by RCW 42.17.130 from using the facilities of his office or expending funds appropriated for legislative purposes to persuade or attempt to persuade his constituents or other persons to vote one way or another on a statewide ballot proposition; the question of whether a particular communication is or is not in violation of this statute will depend upon all of the facts of each case including, particularly, the timing thereof as related to the time of the election at which the measure or measures are to be voted upon.  (2) The governor, because of his constitutional responsibility to communicate with the legislature in order to ". . . recommend such measures as he shall deem expedient for their action," may use the facilities of his office to explain, or even, to some extent, to advocate, his official position on a statewide ballot measure pending before the people in their legislative capacity; in the case of other officers of the executive branch of the government, however, the legality of such action will depend upon the constitutional or statutory authority of the particular officer and the relationship of the ballot measure involved to the functions and duties of the office in question.  (3) These same principles also apply, with certain qualifications,21,, to officers of the legislative or executive branches of counties, cities and towns, with respect to comparable local ballot measures.

 

AGO 1980 No. 1 >  January 3, 1980
OFFICES AND OFFICERS - COUNTY - ASSESSOR - PUBLIC RECORDS - TAXATION
PUBLIC ACCESS TO PROPERTY TAX ASSESSMENT ROLLS

(1) Except where prohibited by RCW 42.17.260(5), inspection and copying of an assessor's property tax assessment roll and supporting materials must be allowed unless the specific exemptions covering taxpayer information, as set forth in RCW 42.17.310(1)(c) and RCW 84.40.020, are applicable in a given case.  (2) Real property assessment rolls prepared pursuant to RCW 84.40.020 and 84.40.160 are lists of taxable property and not individuals and, therefore, their disclosure is not prohibited by RCW 42.17.260(5) even for a commercial purpose; whether this is also true of personal property assessment rolls will depend upon their actual form.

AGLO 1979 No. 5 >  January 18, 1979
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE
DISMISSAL OR SUSPENSION OF DEPUTY SHERIFFS The provisions of chapter 41.14 RCW constitute the exclusive means of removing, suspending, demoting or otherwise taking action adverse to the employment status of a deputy sheriff whose employment is covered by that law, any provisions contained in a collective bargaining agreement to the contrary not withstanding.
AGLO 1979 No. 8 >  February 2, 1979
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS
CONSTITUTIONALITY OF PROPOSED LEGISLATION House Bill No. 75, currently pending before the legislature, which (if enacted) would permit the voters of any noncharter county to increase the composition of their board of county commissioners from three to five members, would in all probability be unconstitutional in view of Article XI, §§ 4 and 5 of the Washington Constitution as heretofore
AGLO 1977 No. 44 >  October 20, 1977
OFFICES AND OFFICERS - COUNTY - AUDITOR - MOTOR VEHICLES
RESPONSIBILITIES OF COUNTY AUDITOR IN LICENSING MOTOR VEHICLES When appointed pursuant to RCW 46.01.130-46.01.140, a county auditor serves as statutory agent for the state Department of Licensing in connection with the licensing of motor vehicles. The resulting relationship may not be unilaterally terminated by the county auditor even in the event of a work stoppage or strike, or other emergency situation; however, the state director of licensing retains the ultimate responsibility for implementation of the state motor vehicle licensing system together with full authority to exercise requisite control and supervision over county auditors as statutory agents.
AGLO 1976 No. 16 >  February 25, 1976
OFFICES AND OFFICERS - COUNTY - CITY
DURATION OF TERM OF MAYOR SERVING ON COUNTY TRANSPORTATION AUTHORITY A mayor who has been appointed to a county transportation authority under RCW 36.57.030(3) or (4) may continue to serve on the authority so long as he remains a qualified mayor.
AGLO 1976 No. 30 >  April 23, 1976
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - CORONER
SERVICE BY PROSECUTOR AS CORONER IN FOURTH CLASS COUNTY (1) Notwithstanding § 1, chapter 86, Laws of 1973, Ex. Sess., the prosecuting attorney of a fourth class county is still required to serve as ex officio county coroner. (2) Such prosecuting attorney is authorized to appear and defend the county in an action involving alleged misconduct by the coroner or his deputies.
AGLO 1975 No. 7 >  January 28, 1975
OFFICES AND OFFICERS - COUNTY
SALARIES OF COUNTY ELECTIVE OFFICIALS Under certain described factual circumstances the correct salaries currently to be paid to the various county elective officials in Grays Harbor county, except for the county commissioners themselves, are those which were provided for in the 1975 county budget adopted on December 6, 1974.
AGLO 1975 No. 8 >  January 31, 1975
OFFICES AND OFFICERS - COUNTY - SHERIFF - CORONER
VACANCY IN OFFICE (1) A vacancy in the office of county sheriff created by a resignation does not constitute an "incapacity" within the meaning of RCW 36.24.010 so as to require the county coroner to perform the duties of the sheriff until the vacancy is filled by the county commissioners. (2) If, upon the occurrence of a vacancy in the office of county sheriff, the superior court of the county were to appoint an acting sheriff under the provisions of RCW 36.28.090, its action would be entitled to a presumption of validity and even if ultimately established to be invalid, it would nevertheless establish the appointee as the defacto county sheriff.
AGLO 1975 No. 57 >  June 5, 1975
OFFICES AND OFFICERS - COUNTY - TREASURER - DISTRICT - SCHOOLS
REGISTRATION OF SCHOOL DISTRICT WARRANTS A discussion of circumstances under which a school district warrant is to be registered so as to draw interest because of insufficient money in the fund upon which the warrant was drawn.
AGLO 1979 No. 24 >  June 7, 1979
OFFICES AND OFFICERS - COUNTY - ASSESSOR - TAXATION - REAL PROPERTY - APPLICABILITY OF RETIRED PERSONS' PROPERTY TAX EXEMPTION TO CERTAIN LEASEHOLD INTERESTS
OFFICES AND OFFICERS ‑- COUNTY ‑- ASSESSOR ‑- TAXATION ‑- REAL PROPERTY ‑- APPLICABILITY OF RETIRED PERSONS' PROPERTY TAX EXEMPTION TO CERTAIN LEASEHOLD INTERESTS Neither Article VII, § 10 of the Washington Constitution nor such implementing legislation as is contained in RCW 84.36.381 et seq., qualify an individual for a property tax exemption with respect to a ". . . residence occupied by a share owner under a cooperative housing association agreement [which] is not owned by the association, but is leased by the association from a third party pursuant to a long term lease."
AGLO 1979 No. 34 >  October 10, 1979
OFFICES AND OFFICERS - COUNTY - CLERK - JUDGMENTS - TIMELINESS OF APPLICATION FOR WRIT OF EXECUTION
OFFICES AND OFFICERS ‑- COUNTY ‑- CLERK ‑- JUDGMENTS ‑- TIMELINESS OF APPLICATION FOR WRIT OF EXECUTION RCW 4.56.210, as amended by § 1, chapter 236, Laws of 1979, 1st Ex. Sess., does not authorize a superior court clerk to issue a writ of execution on a civil judgment more than six years, but less than ten years, after the rendition thereof; instead, that issue remains governed by the provisions of RCW 6.04.010.
AGLO 1979 No. 35 >  October 10, 1979
OFFICES AND OFFICERS - COUNTY - TREASURER - TAXATION - SPECIAL ASSESSMENTS - IMPOSITION FEES FOR SERVICES BY COUNTY TREASURER
OFFICES AND OFFICERS ‑- COUNTY ‑- TREASURER ‑- TAXATION ‑- SPECIAL ASSESSMENTS ‑- IMPOSITION FEES FOR SERVICES BY COUNTY TREASURER The provisions of RCW 36.29.180 only authorize a county treasurer to charge and collect a fee for his services in handling, collecting, disbursing and accounting for funds collected pursuant to the assessment rolls of a political subdivision as distinguished from the county's own assessment rolls for ad valorem property tax purposes.
AGLO 1979 No. 37 >  October 16, 1979
OFFICES AND OFFICERS - COUNTY - AUDITOR - ADVISORY POPULARITY POLL OF PRESIDENTIAL CANDIDATES
OFFICES AND OFFICERS ‑- COUNTY ‑- AUDITOR ‑- ADVISORY POPULARITY POLL OF PRESIDENTIAL CANDIDATES Legal ability of a county auditor, with or without the approval of his board of county commissioners and at either county or his own expense, in conjunction with a state or county general election, ". . . to have ballots prepared for the general election which include an advisory popularity poll of ten 'candidates' for the Presidency."
AGLO 1978 No. 8 >  March 14, 1978
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE - HIGH SCHOOL LIBRARIAN AS CIVIL SERVICE COMMISSIONER
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- CIVIL SERVICE ‑- HIGH SCHOOL LIBRARIAN AS CIVIL SERVICE COMMISSIONER


RCW 41.14.030 does not prohibit a person from simultaneously serving as a county civil service commissioner and as a high school librarian.

 

AGLO 1978 No. 20 >  June 22, 1978
OFFICES AND OFFICERS - COUNTY - SHERIFF - POLITICAL ACTIVITIES OF DEPUTY SHERIFFS
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- POLITICAL ACTIVITIES OF DEPUTY SHERIFFS Neither the fact that RCW 41.14.190 is a special statute relating only to deputy county sheriffs and related personnel nor the further fact that this law was originally adopted as part of an initiative to the people is sufficient to cause the statute (prohibiting political activities by deputy sheriffs) to remain fully enforceable and unaffected by the later enactment of § 1, chapter 136, Laws of 1974, 1st Ex.Sess., whereby the legislature granted the right to participate in designated political activities to all state and local governmental employees.
AGLO 1974 No. 9 >  January 21, 1974
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY-CORONER-SHERIFF
SALARY OR FEES In a fourth class county, where the prosecuting attorney serves as ex officio coroner, and where, due to a vacancy in the office of sheriff, the said prosecuting attorney in his capacity as coroner has also performed temporarily the duties of the sheriff by reason of RCW 36.24.010, the prosecuting attorney/coroner is not entitled to the sheriff's salary or fees for the period in which he performed the sheriff's duties.
AGLO 1974 No. 15 >  February 1, 1974
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - COUNTY COMMISSIONERS - SUPERIOR COURT JUDGES
EMPLOYMENT OF ATTORNEY A board of county commissioners acting pursuant to RCW 36.32.200 may, with the approval of a majority of the county superior court judges, employ an attorney to advise the board on general matters of its concern; such employment contract, however, may not extend beyond the term of the board.
AGLO 1977 No. 21 >  May 25, 1977
OFFICES AND OFFICERS - COUNTY - ASSESSOR - TAXATION - PROPERTY - PUBLIC RECORDS - ACCESS TO COMPARABLE LEASES
OFFICES AND OFFICERS ‑- COUNTY ‑- ASSESSOR ‑- TAXATION ‑- PROPERTY ‑- PUBLIC RECORDS ‑- ACCESS TO COMPARABLE LEASES

(1) In the event that a county assessor has utilized one or more leases of comparable lands to establish the "net cash rental" for certain farm and agricultural land under RCW 84.34.065, those leases (or copies), if retained in his custody, constitute "public records" under the public disclosure law (chapter 42.17 RCW); accordingly, the owner of such land will be governed by the provisions of that law in seeking to require the assessor to permit inspection of the contents of those documents.

(2) If, however a petition for review under chapter 84.48 RCW has been filed, such a landowner may utilize the provisions of RCW 84.48.150 to obtain the same material or information from the assessor.

AGLO 1977 No. 32 >  July 25, 1977
OFFICES AND OFFICERS - COUNTY - SHERIFF - CONDUCT OF SEARCH AND RESCUE OPERATIONS
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- CONDUCT OF SEARCH AND RESCUE OPERATIONS Even though the statutes relating to duties of a county sheriff do not, themselves, expressly require him to conduct search and rescue operations he may well have a duty to do so either because of his involvement in the county emergency services organization or because a criminal investigation may be called for under the facts of a given case.
AGLO 1973 No. 42 >  March 28, 1973
OFFICES AND OFFICERS - COUNTY - CLERKS - PUBLIC DEPOSITS - COUNTY CLERKS' TRUST FUNDS - QUALIFIED PUBLIC DEPOSITARY
OFFICES AND OFFICERS ‑- COUNTY ‑- CLERKS ‑- PUBLIC DEPOSITS ‑- COUNTY CLERKS' TRUST FUNDS ‑- QUALIFIED PUBLIC DEPOSITARY Funds held in trust for litigants by a county clerk under RCW 36.48.080, when deposited with a "qualified public depositary" under chapter 193, Laws of 1969, Ex. Sess., are encompassed within the definition of "public deposits" is § 1 (1) of this 1969 act, as recently amended by § 8, chapter 126, Laws of 1973.
AGLO 1973 No. 59 >  May 31, 1973
OFFICES AND OFFICERS - COUNTY - SHERIFF - CONCEALED WEAPONS - ISSUANCE OF PERMIT
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- CONCEALED WEAPONS ‑- ISSUANCE OF PERMIT A county sheriff may not refuse to issue a permit to carry a concealed weapon under RCW 9.41.070 solely on the ground that the person applying for such permit is not a resident of his particular county.
AGLO 1973 No. 69 >  June 25, 1973
ELECTIONS - COUNTY - AUDITOR - RESIGNATION
ELECTIONS ‑- COUNTY ‑- AUDITOR ‑- RESIGNATION Where an incumbent county auditor elected in November of 1970, for a four-year term commencing in January of 1971, retired from that office on January 31, 1973, and was succeeded by a person appointed by the board of county commissioners in accordance with Article II, § 15 (Amendment 52) to the state Constitution, an election for the remainder of the unexpired term will be required on November 6, 1973, in accordance with § 1, chapter 4, Laws of 1973.
AGLO 1974 No. 45 >  April 15, 1974
COUNTY - CITIES AND TOWNS - BUILDING PERMITS
FEES (1) In providing for a state building code for cities and towns, chapter 96, Laws of 1974, 1st Ex. Sess., imposes a standard fee schedule in connection with the administration of such code in place of such local fee schedules in effect on January 1, 1975. (2) Chapter 96, supra, does not permit local governments to treat the fees set forth in the state building code as a minimum schedule and to fix higher fees independently of further legislation.
AGLO 1974 No. 55 >  May 10, 1974
OFFICES AND OFFICERS - COUNTY - ELECTIONS
TIME WHEN QUALIFICATION FOR ELECTIVE OFFICES MUST EXIST (1) In order to be a qualified "elector" in a county within the meaning of RCW 36.27.020, a person must have resided therein for 30 days and be otherwise eligible to be a registered voter, but he could not have actually registered to vote. (2) Under RCW 29.18.030, a person must possess all of the qualifications required by law for the office he is seeking at the time he files his declaration of candidacy.
AGLO 1974 No. 62 >  June 28, 1974
TAXATION - RETAIL SALES - OFFICES AND OFFICERS - COUNTY - SHERIFF
APPLICABILITY OF RETAIL SALES TAX TO SALES OF UNCLAIMED PERSONAL PROPERTY The provisions of chapter 82.08 RCW (retail sales tax) are not applicable to sales by a county sheriff of unclaimed personal property pursuant to chapter 63.40 RCW unless the county is for some reason required to be registered for purposes of the business and occupation tax or the public utility tax by reason of its engagement in activities other than the sale of unclaimed personal property.
AGLO 1974 No. 63 >  July 1, 1974
DISTRICTS - SCHOOLS - INTERMEDIATE - FUNDS - OFFICES AND OFFICERS - COUNTY - TREASURER
INVESTMENT OF STATE FUNDS The board of directors of an intermediate school district does not have the authority to invest or to authorize its county treasurer to invest funds which it receives from the state for distribution to local school districts under RCW 28A.48.010.
AGLO 1974 No. 69 >  July 17, 1974
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEYS
DUTY TO REPRESENT COUNTY TRANSPORTATION AUTHORITY County prosecuting attorneys are required to provide legal counsel and representation to county transportation authorities created pursuant to chapter 167, Laws of 1974, 1st Ex. Sess.
AGLO 1973 No. 86 >  August 1, 1973
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - REQUIREMENT OF SERVICES UNDER MARRIAGE DISSOLUTION ACT
OFFICES AND OFFICERS ‑- COUNTY ‑- PROSECUTING ATTORNEY ‑- REQUIREMENT OF SERVICES UNDER MARRIAGE DISSOLUTION ACT While a prosecuting attorney who is authorized to have a private law practice may serve, in his private capacity, as legal counsel to represent the interests of a minor or dependent child in marriage dissolution proceedings under chapter 157, Laws of 1973, Ex. Sess., he may not be required by the court as prosecuting attorney to serve in this capacity.
AGLO 1973 No. 96 >  September 27, 1973
OFFICES AND OFFICERS - COUNTY - AUDITOR - PURCHASE OF ELECTION SUPPLIES - COMPETITIVE BIDS
OFFICES AND OFFICERS ‑- COUNTY ‑- AUDITOR ‑- PURCHASE OF ELECTION SUPPLIES ‑- COMPETITIVE BIDS In any county which has, pursuant to RCW 36.32.240, established a county purchasing department, that department is to purchase all election supplies for the county auditor; such purchases may be made only after a call for competitive bids to the extent required by RCW 36.32.240 and 36.32.250.
AGLO 1974 No. 92 >  November 8, 1974
OFFICES AND OFFICERS - COUNTY - BOARDS OF COUNTY COMMISSIONERS - EXPENSES
REIMBURSEMENT FOR INTRA-COUNTY TRAVEL EXPENSES The entitlement of a member of a board of county commissioners to be reimbursed for his expenses for meals and travel while engaged in official county business within his own county is dependent upon the terms of such county's ordinance as has been promulgated under RCW 42.24.090.
AGLO 1973 No. 112 >  December 10, 1973
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - HIGHWAYS
CONTRACTS(3) Where a board of county commissioners makes a consolidated publication covering all day labor projects of more than $2,500 for the preceding year, as provided for in WAC 136-16-060, this publication will not constitute compliance by the board with the statutory requirements of RCW 36.77.070.
Content Bottom Graphic
AGO Logo