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AGO Opinions with Topic: DISTRICTS
AGO 2006 No. 1 >  January 12, 2006
MUNICIPAL CORPORATIONS - DISTRICTS - ELECTIONS
Authority of governing boards of special purpose districts to pass resolutions endorsing or opposing ballot propositions The governing bodies of special purpose districts lack authority to adopt motions or resolutions supporting or opposing ballot propositions. The Legislature has not granted such districts the authority to support or oppose ballot measures and, absent such authority, doing so would not constitute “normal and regular conduct.”
AGO 1970 No. 28 >  December 22, 1970
LEGISLATURE - DISTRICTS - ONE MAN ONE VOTE - REFERENDUM - GUIDELINES FOR CONGRESSIONAL AND LEGISLATIVE REDISTRICTING
LEGISLATURE - DISTRICTS - ONE MAN ONE VOTE - REFERENDUM - GUIDELINES FOR CONGRESSIONAL AND LEGISLATIVE REDISTRICTING Congressional and legislative redistricting plans to be completed prior to 1972 general election; may be enacted by referendum bill; continuation of 99 member house of representatives may be justified; some house districts may be multi-member while others are single member, where rational pattern is followed; population deviations not allowable on a "de minimis" basis; burden upon legislature to justify population variations; the ability of the legislature to draw lines which adhere to county boundaries appears to be very limited; redistricting of military bases related to registered voters.
AGO 1971 No. 1 >  January 5, 1971
DISTRICTS - SCHOOLS - PENSIONS - PUBLIC WORKS
PENSION PROGRAM FOR NONCERTIFICATED SCHOOL DISTRICT EMPLOYEES (1) RCW 41.40.410, as amended by § 1, chapter 84, Laws of 1965, requires all public school districts to provide coverage in the Washington public employees' retirement system for their eligible noncertificated employees even though such employees may be members of a craft or trade union which has its own union pension trust plan; the fact of membership in such a craft or trade union does not constitute a basis for personal ineligibility for membership in the public employees' retirement system under the provisions of RCW 41.40.120.(2) Chapter 39.12 RCW, providing for payment of the "prevailing rate of wage" (including pension benefits, where applicable) on public works projects does not apply when a school district directly hires noncertificated craft or trade union members on a regular basis to perform work on school district property under the supervision of the school district administrators.(3) A school district which is covering its noncertificated employees under the Washington public employees' retirement system is not authorized to make additional pension contributions to a union pension trust fund set up by a craft or trade union to which these employees belong.
AGO 1971 No. 13 >  March 18, 1971
DISTRICTS - PUBLIC UTILITIES - BONDS - OFFICERS AND EMPLOYEES
SALE OF PUBLIC UTILITY REVENUE OBLIGATIONS TO DISTRICT EMPLOYEES (1) A public utility district is authorized by RCW 54.24.060 to sell its utility revenue obligations in such manner as the board of commissioners shall deem for the best interest of the district; under this statute, based upon an appropriate finding to this effect, utility revenue obligations may be sold privately as an alternative to a public sale following competitive bidding. (2) A public utility district may, pursuant to an appropriate resolution based on findings of benefit to the district, sell a portion of a particular issue of its revenue obligations to its employees by private sale at a rate of interest less than that offered to nonemployee purchasers so long as the employee purchasers are not officers of the district by, through, or under whose supervision the utility revenue obligations in question may have been issued.
AGO 1990 No. 6 >  June 12, 1990
COUNTY COMMISSIONERS - COUNTIES - OFFICES AND OFFICERS - DISTRICTS - ELECTIONS
COUNTY COMMISSIONERS ‑- COUNTIES ‑- OFFICES AND OFFICERS ‑- DISTRICTS ‑- ELECTIONS 1.  In Board of Estimate v. Morris the United States Supreme Court struck down a voting system in which borough presidents, who were voting members of the Board of Estimates, were elected by the voters of each borough and the boroughs varied greatly in population.  2. In San Juan County commissioners reside in commissioner districts that vary in population, however, the primary and general elections are conducted among voters of the county at large, not merely among the voters of the commissioner district.  The United States Supreme Court has approved such at large voting systems, even where the candidates were required to reside in districts that varied in population.  Board of Estimate v. Morris does not cast doubt on the validity of these decision. 3.  The United States Supreme Court has struck down at large voting systems on grounds that they impermissible diluted the electoral strength of racial or other political minorities in the at large district.  This is a factual question.  At present we are unaware of any facts tending to show this to be the case in San Juan County.
AGO 1980 No. 19 >  September 24, 1980
DISTRICTS - SCHOOLS - FUNDS - INTERSCHOLASTIC ATHLETICS
LEGAL STATUS OF STATE TOURNAMENT REVENUES (1) Revenues, such as the receipts from the sale of admission tickets and paid advertisements, which are realized from the conduct of state athletic tournaments by the Washington Interscholastic Activities Association constitute private funds of the association and not public funds of the participating school districts and/or their student bodies.(2) The expenditure of public funds by a school district to pay travel, lodging, salary and other expenses incurred by the district as a result of the district's participation in a state athletic tournament conducted by the Washington Interscholastic Activities Association does not constitute a gift of public money or property to the association in violation of Article VIII, § 7 of the Washington Constitution.
AGO 1990 No. 8 >  September 12, 1990
SCHOOLS - DISTRICTS - MORTGAGES - REAL PROPERTY
SCHOOLS--DISTRICTS--MORTGAGES--REAL PROPERTY An individual school district cannot finance the acquisition of real property for school district purposes by borrowing funds from an institutional lender and securing payment of the obligation with a mortgage on the property acquired with the loan proceeds.
AGO 1980 No. 22 >  November 19, 1980
DISTRICTS - SCHOOLS - TEACHERS
LIMITATION ON COMPENSATED LEAVE FOR SCHOOL DISTRICT EMPLOYEES  (1) As amended by § 4, chapter 182, Laws of 1980, RCW 28A.58.100(2) prohibits a school district from granting as well as accumulating annual leave for illness, injury, and emergencies in excess of twelve days per year.  (2) As thus amended, however, RCW 28A.58.100(2) does not prohibit a school district from granting emergency leave separate from leave for illness and injury; nor is a school district prohibited from limiting the number of days of leave for emergencies to a specific number less than ten of the required ten days of leave for illness, injury, and emergencies for a full-time employee. (3) Any such emergency leave must, however, be so limited that it, together with leave for illness and injury, does not exceed twelve days per year.
AGO 1990 No. 12 >  October 20, 1990
DISTRICTS - SCHOOLS - ATHLETIC PROGRAMS - EQUAL RIGHTS AMENDMENT - SUPERINTENDENT OF PUBLIC INSTRUCTION - REGULATIONS
DISTRICTS--SCHOOLS--ATHLETIC PROGRAMS--EQUAL RIGHTS AMENDMENT--SUPERINTENDENT OF PUBLIC INSTRUCTION--REGULATIONS 1.  RCW 28A.85.020 and .030 provide that the Superintendent of Public Instruction shall develop regulations to eliminate sex discrimination in the public schools, but RCW 28A.85.020(3) provides that school districts may offer separate but equal athletic teams for each sex.  The Superintendent thus is not authorized to adopt the portions of WAC 392-190-025 and -035 that limit school districts' ability to provide or sponsor separate but equal athletic teams for males and females.  To have separate but equal athletic teams, however, school districts must comply also with constitutional restrictions.   2.  RCW 28A.85.020 and .030 provide that the Superintendent of Public Instruction shall develop regulations to eliminate sex discrimination in the public schools, but RCW 28A.85.020(4) provides that separation is permitted within physical education classes.  The Superintendent thus is not authorized to adopt the portions of WAC 392-190-050 that limit school districts' ability to provide separate but equal physical education classes for males and females.  To have separate but equal physical education classes, however, school districts must comply also with constitutional restrictions.    3.  RCW 28A.85.020 and .030 and WAC 392-190 may apply to the use of school district playing fields by private sports leagues.  The application of these statutes and administrative rules depends on the nature of the relationship between the school district and the private sports league.
AGO 1961 No. 12 >  February 20, 1961
DISTRICTS - PORT - EMPLOYEES - CONTRACT FOR ADDITIONAL PENSION PROGRAM
DISTRICTS ‑- PORT ‑- EMPLOYEES ‑- CONTRACT FOR ADDITIONAL PENSION PROGRAM Under the provisions of RCW 53.08.170 a port district may contribute to an additional pension program established by contract between a trade association acting as collective bargaining agent for various employers including a port district and a labor union representing, among others, certain employees of the port district even though the eligible employees of said port district are members of the Washington State Employees' Retirement System.
AGO 1961 No. 18 >  March 21, 1961
DISTRICTS - FIRE PROTECTION
AUTHORITY TO PAY PREMIUMS FOR GROUP LIFE INSURANCE The board of commissioners of a fire protection district is not legally authorized to pay part or all of the premiums of group life insurance for the nonpaid volunteer firemen or the paid fire chief and secretary of the district, covering them both on and off duty.
AGO 1961 No. 19 >  March 22, 1961
DISTRICTS - FIRE PROTECTION - GENERAL OBLIGATION BONDS - AUTHORIZED PURPOSES AND METHOD OF ISSUANCE AND SALE
DISTRICTS ‑- FIRE PROTECTION ‑- GENERAL OBLIGATION BONDS ‑- AUTHORIZED PURPOSES AND METHOD OF ISSUANCE AND SALE (1) A fire protection district authorized by the electors to issue general obligation bonds to finance replacement of equipment on a need basis may issue only a portion of the authorized bonds and delay the issuance of the remainder for a reasonable period of time until the need for replacement of additional equipment actually arises. (2) The general obligation bonds so authorized may be sold privately without a public offering at the discretion of the board of fire commissioners if it determines that such a private sale would be in the best interest of the district.
AGO 1961 No. 20 >  March 30, 1961
DISTRICTS - SCHOOL - ATTENDANCE OF NONRESIDENT PUPILS IN HIGH SCHOOL DISTRICTS
DISTRICTS ‑- SCHOOL ‑- ATTENDANCE OF NONRESIDENT PUPILS IN HIGH SCHOOL DISTRICTS In the absence of an agreement, a high school district may charge the parents of elementary or secondary students of another high school district, either adjoining or nonadjoining, a reasonable tuition for attending school in its district.
AGO 1961 No. 23 >  April 19, 1961
DISTRICTS - FIRE PROTECTION - PARTICIPATION IN DISTRIBUTION OF FUNDS FROM TAXES ON FIRE INSURANCE PREMIUMS
DISTRICTS ‑- FIRE PROTECTION ‑- PARTICIPATION IN DISTRIBUTION OF FUNDS FROM TAXES ON FIRE INSURANCE PREMIUMS 1.   School districts have broad powers over curricula and instructional materials.  Pursuant to this authority, a school district may select and use educational television programming even though that programming contains advertising so long as the primary and predominant purpose of the program is educational and the advertising content is incidental.  2.   School districts have broad authority over the selection of instructional materials and the acquisition of school equipment and supplies.  Pursuant to this authority, a school district may select school materials, supplies and equipment that contain advertising.
AGO 1961 No. 24 >  April 25, 1961
DISTRICTS - SCHOOL - CONTRACTS - USE OF TRADE NAME, BRAND NAME, ETC. IN CONTRACTS UNDER CHAPTER 224, LAWS OF 1961
DISTRICTS ‑- SCHOOL ‑- CONTRACTS ‑- USE OF TRADE NAME, BRAND NAME, ETC. IN CONTRACTS UNDER CHAPTER 224, LAWS OF 1961 A school district calling for bids prior to letting a contract can specify an item by brand name or name of manufacturer without an additional clause inviting bids on similar items of equal quality and serviceability if the public officials have not drafted the specifications arbitrarily and capriciously and are acting in good faith.
AGO 1961 No. 33 >  June 5, 1961
DISTRICTS - SCHOOLS - APPORTIONMENT OF STATE FUNDS FOR ATTENDANCE IN JUNIOR HIGH SCHOOLS
DISTRICTS ‑- SCHOOLS ‑- APPORTIONMENT OF STATE FUNDS FOR ATTENDANCE IN JUNIOR HIGH SCHOOLS Under the constitution and statutes of this state the retained bonded indebtedness of school districts which consolidate must be considered in computing the bonding capacity of the new (consolidated) district.
AGO 1961 No. 34 >  June 5, 1961
DISTRICTS - SCHOOL - APPROPRIATION FOR INCREASES IN TEACHERS' SALARIES
DISTRICTS ‑- SCHOOL ‑- APPROPRIATION FOR INCREASES IN TEACHERS' SALARIES (1) The proviso in the appropriation bill (Engrossed S. B. 1) relating to salary increases for certificated classroom teaching personnel is not limited to merely raising the salary of "returning or recontracted teachers" but the board of directors may exercise discretion in determining the employees within the class described whose salaries are to be increased.(2) The phrase "at the average rate" as used in the appropriation act, in so far as it relates to teachers' salary increases, must be determined on the basis of the average salary in individual districts during the school year 1960-61.(3) The additional increase described in the proviso for the second year of the biennium 1962-63 is to be based upon a figure $283 above the 1960-61 average or $616 above the 1960-61 average.
AGO 1961 No. 43 >  June 28, 1961
DISTRICTS - FIRE PROTECTION
AUTHORITY TO PURCHASE BUILDINGS AND REAL ESTATE WITHIN A FOURTH-CLASS MUNICIPALITY FOR FIRE STATION A fire protection district which completely surrounds a fourth-class municipality which has by chapter 237, Laws of 1959, been withdrawn from the fire protection district may expend money for the purchase of buildings and real estate within such fourth-class municipality to be used for a fire station.
AGO 1981 No. 5 >  April 20, 1981
DISTRICTS - SCHOOLS - TEACHERS - INITIATIVE NO. 62
FUNDING COSTS OF SICK LEAVE CASH OUT ‑- ENFORCEMENT OF INITIATIVE NO. 62 (1) School districts are not entitled to be reimbursed by the state under the provisions of Initiative No. 62, § 6 (1) for the additional costs resulting from the sick leave cash out provided for by RCW 28A.58.097.(2) The added costs resulting from the aforesaid sick leave cash out program are subject to the "full funding" requirement for basic education (K-12) imposed by Washington Const., Article IX, § 1; however, this does not necessarily mean that the total amount paid by a school district to its eligible employees pursuant to RCW 28A.58.097 will have to be covered by the amount which the legislature is constitutionally required to appropriate for basic education.(3) Because Initiative No. 62 is not a constitutional amendment, it does not have the effect of voiding legislation imposing additional costs on local taxing districts without compliance with § 6(1) thereof; rather, the legal effect of enacting such legislation would be the incurrence of a potential state liability for reimbursement to the extent, and in the manner, thus required.
AGO 1981 No. 8 >  July 21, 1981
DISTRICTS - SCHOOL - EMPLOYEES - INSURANCE - COLLECTIVE - BARGAINING
CONTINUATION OF PREVIOUS RATE FOR EMPLOYEES' INSURANCE BENEFITS RCW 43.63.040 [46.63.040] does not vest a municipal or police court with jurisdiction over a traffic infraction based on an alleged violation of state law‑-as distinguished from one involving a local, municipal ordinance; therefore, such a court does not have exclusive, or even concurrent, jurisdiction over a traffic infraction case which is so based, even in the absence of a contract with the county to have those traffic infractions committed within the city or town adjudicated by a district court.
AGO 1961 No. 48 >  July 21, 1961
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - AUTHORITY TO WITHHOLD TRANSMISSION OF STUDENT'S TRANSCRIPT
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- AUTHORITY TO WITHHOLD TRANSMISSION OF STUDENT'S TRANSCRIPT The board of directors of a school district is not legally authorized to withhold transmission of a student's transcript to another public school in the state of Washington because of the failure of the student to pay his obligations for fines, lost books, etc., before withdrawal.
AGO 1990 No. 13 >  November 1, 1990
DISTRICTS - SCHOOLS - EDUCATION
DISTRICTS ‑- SCHOOLS ‑- EDUCATION 1.   School districts have broad powers over curricula and instructional materials.  Pursuant to this authority, a school district may select and use educational television programming even though that programming contains advertising so long as the primary and predominant purpose of the program is educational and the advertising content is incidental.  2.   School districts have broad authority over the selection of instructional materials and the acquisition of school equipment and supplies.  Pursuant to this authority, a school district may select school materials, supplies and equipment that contain advertising.
AGO 1961 No. 49 >  July 26, 1961
DISTRICTS - SCHOOLS - BOARDS OF DIRECTORS - POWERS AND DUTIES - AUTHORITY GRANTED BY 1961 COMMUNITY COLLEGE ACT
DISTRICTS ‑- SCHOOLS ‑- BOARDS OF DIRECTORS ‑- POWERS AND DUTIES ‑- AUTHORITY GRANTED BY 1961 COMMUNITY COLLEGE ACT None of the provisions of chapter 198, Laws of 1961, and chapter 20, Laws of 1961, Ex. Sess., authorizing "community colleges" applies to any school district presently operating an extended secondary program (so-called junior colleges) which does not elect to bring its program within the new legislation.
AGO 1961 No. 50 >  August 1, 1961
DISTRICTS - SCHOOLS - BONDS - ISSUANCE BY CONSOLIDATED DISTRICT - RETAINED BONDED INDEBTEDNESS OF COMPONENT DISTRICTS
DISTRICTS ‑- SCHOOLS ‑- BONDS ‑- ISSUANCE BY CONSOLIDATED DISTRICT ‑- RETAINED BONDED INDEBTEDNESS OF COMPONENT DISTRICTS Under the constitution and statutes of this state the retained bonded indebtedness of school districts which consolidate must be considered in computing the bonding capacity of the new (consolidated) district.
AGO 1972 No. 4 >  February 2, 1972
DISTRICTS - CEMETERY - TAXATION - FEE DIFFERENTIAL BASED UPON RESIDENCE OR PROPERTY OWNERSHIP
DISTRICTS ‑- CEMETERY ‑- TAXATION ‑- FEE DIFFERENTIAL BASED UPON RESIDENCE OR PROPERTY OWNERSHIP (1) A cemetery district created pursuant to chapter 68.16 RCW is thereby empowered to sell cemetery plots and render other customary cemetery services to persons who neither reside within nor own taxable property located within the district.(2) A cemetery district created pursuant to chapter 68.16 RCW may impose higher fees for cemetery plots and other customary services provided to persons not residing or owning taxable property within the district than it charges to residents and property owners so long as this fee differential is reasonable in relation to the criteria upon which it is based.
AGO 1981 No. 11 >  August 11, 1981
DISTRICTS - PORT - TAXATION - BUDGET
TIMING OF CERTAIN PORT DISTRICT PROPERTY TAX LEVIES None of the provisions of chapter 198, Laws of 1961, and chapter 20, Laws of 1961, Ex. Sess., authorizing "community colleges" applies to any school district presently operating an extended secondary program (so-called junior colleges) which does not elect to bring its program within the new legislation.
AGO 1972 No. 5 >  December 7, 1972
DISTRICTS - SCHOOLS - INSURANCE - HEALTH - CONTRACTS
DISTRICTS ‑- SCHOOLS ‑- INSURANCE ‑- HEALTH ‑- CONTRACTS (1) RCW 28A.58.420, as amended by § 2, chapter 269, Laws of 1971, 1st Ex. Sess., permits but does not require all school districts to make available to their employees an insurance program which would include medical or health care coverage entitling the beneficiaries to utilize the services of those practitioners who are licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57 and 18.71 RCW.(2) If an insurance contract procured by a school district for its employees under RCW 28A.58.420, as amended, does include medical coverage relating to services which can be rendered by more than one of the above enumerated classes of licensees, the contract must then entitle the beneficiaries to choose between the services of each of those categories of licensees which are authorized to treat the particular covered illness or injury in question.(3) Where the board of directors of a school district is providing medical or health care insurance coverage for its employees under RCW 28A.58.420, as amended, it is not necessary that the contract for insurance or protection allow its beneficiaries to utilize the services of any practitioners in this state licensed pursuant to the enumerated RCW chapters; instead, it is permissible for the insurance contract to afford to those beneficiaries only the services of a designated list of named licensees practicing in a particular geographical area.
AGO 1981 No. 16 >  October 23, 1981
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - SALARIES
LIMITATION ON SALARY INCREASES UNDER 1981 LEGISLATION Although a reduction (from 183 to 180) in the number of days in the current (1981-82) school year during which the certificated employees of a certain school district will be required to work, when coupled with a continuation of the same annual salaries as were paid during the previous (1980-81) school year, will result in a "salary increase" in the literal sense as that term is used in § 1, chapter 16, Laws of 1981, such a salary increase would not, by and of itself, trigger the restrictive provisions of the subject legislation.
AGO 1981 No. 20 >  November 24, 1981
DISTRICTS - SCHOOLS - STUDENTS - STATE FUNDING
EARLY RELEASE OF GRADUATING SENIORS (1) RCW 28A.58.754(5), as amended by § 1, chapter 250, Laws of 1979, 1st Ex. Sess., permits a school district to conduct its graduation exercises five days prior to the end of the normal 180-day school year and then release the graduating seniors from any further school attendance requirement.(2) Even if a school district elects not actually to conduct graduation exercises five days prior to the end of the 180-day school year, the district may nevertheless simply release all of its graduating seniors from any further requirement of class attendance during the five‑day period and is not, instead, required to operate some form of noninstructional program (for students wishing to participate) for which attendance records are to be maintained.
AGO 1982 No. 11 >  August 13, 1982
DISTRICTS - PORT - ELECTIONS
ELECTION OF ADDITIONAL PORT COMMISSIONERS UNDER CHAPTER 219, LAWS OF 1982(1) Although additional port commissioners may be elected under RCW 53.12.120 as amended by § 1, chapter 219, Laws of 1982 at a special election conducted in November of 1982 (rather than waiting for the next port district general election in November of 1983), the terms of those additional commissioners, if they are so elected, will, nevertheless, not commence until January 1, 1984 since that is ". . . the date provided by law for port commissioners to next commence their terms of office"; in turn, their successors will then be elected in November of 1987 and 1989, respectively, at the same time as other port commissioners, generally, are elected.
AGO 1972 No. 16 >  July 26, 1972
DISTRICTS - SEWER - AUTHORITY TO LEVY SPECIAL ASSESSMENTS ON COUNTY OWNED LANDS - PROCEDURES FOR PROTEST
DISTRICTS ‑- SEWER ‑- AUTHORITY TO LEVY SPECIAL ASSESSMENTS ON COUNTY OWNED LANDS ‑- PROCEDURES FOR PROTEST (1) A sewer district may levy special assessments for local improvements against county-owned real property which is specially benefited by the improvements. (2) A county whose property has been placed on a sewer district's special assessment rolls is precluded from objecting to the inclusion of such property on the basis of an asserted lack of special benefit where it has failed to comply with the procedures set forth in chapter 56.20 RCW for raising this issue, notwithstanding its nonreceipt of actual notice of the contents of the assessment roll, where the notice required by RCW 56.20.040 was properly given by the district.
AGO 1982 No. 17 >  December 30, 1982
DISTRICTS - SCHOOLS - EMPLOYEES - SALARIES
LEGISLATIVE RESTRICTION ON SCHOOL EMPLOYEE SALARY INCREASE FOR 1982-1983 In view of restrictions contained in the 1981-83 appropriations act, as last reflected in chapter 50, Laws of 1982, 1st Ex. Sess., school districts are not legally permitted to grant salary increases (other than as permitted by RCW 28A.58.095(3)) for the 1982-83 school year prior to June 30, 1983, except in the case of those employees who are covered by contracts entered into prior to April 20, 1982 which entitle the subject employees to salary increases during the 1982-83 school year prior to June 30, 1983.
AGO 1972 No. 21 >  September 14, 1972
DISTRICTS - PORTS - INVESTMENT OF SURPLUS FUNDS
DISTRICTS ‑- PORTS ‑- INVESTMENT OF SURPLUS FUNDS In authorizing its county treasurer to invest surplus port district funds in qualified investments under RCW 36.29.020, the board of commissioners of a port district has the authority to designate the specific qualified financial institution or institutions in which such funds are to be invested.
AGO 1972 No. 27 >  December 5, 1972
DISTRICTS - PUBLIC UTILITY - COMMISSIONERS - REALIGNMENT OF COMMISSIONER DISTRICT BOUNDARIES - VOLUNTARY CHANGE OF RESIDENCE - VACATION OF OFFICE
DISTRICTS ‑- PUBLIC UTILITY ‑- COMMISSIONERS ‑- REALIGNMENT OF COMMISSIONER DISTRICT BOUNDARIES ‑- VOLUNTARY CHANGE OF RESIDENCE ‑- VACATION OF OFFICE (1) Where a public utility district commissioner ceases to be a resident and qualified voter of the commissioner district in which he resided and voted at the time of his election as a consequence of his voluntary removal of his place of residence from one such commissioner district to another, his office is not deemed to have been vacated. (2) Where, as a consequence of the realignment of public utility district commissioner district boundaries under RCW 54.12.010, a duly elected commissioner of a public utility district ceases to be a resident and qualified voter of the commissioner district in which he resided and voted at the time of his election, his office is not deemed to have become vacant.
AGO 1973 No. 3 >  January 15, 1973
DISTRICTS - SCHOOLS - EMPLOYEES - CONTRACTS
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- CONTRACTS A school district, as a condition of reemployment of its certificated teachers for a new school year, may require such teachers to sign and return their formal written employment contracts within a specified, reasonable period of time after the mailing of these contracts to the teachers.
AGO 1973 No. 4 >  January 19, 1973
DISTRICTS - SCHOOL - PUBLIC RECORDS - SALARY - ACCESS TO SCHOOL DISTRICT PAYROLL RECORDS
DISTRICTS ‑‑ SCHOOL ‑‑ PUBLIC RECORDS ‑‑ SALARY ‑‑ ACCESS TO SCHOOL DISTRICT PAYROLL RECORDS (1) Under the provisions of Initiative No. 276, all records of a school district pertaining to the salaries of its employees and their payroll deductions must be made available for inspection and copying at the request of any person unless disclosure of particular information in such records would violate a right of privacy of the subject employee and this information cannot be deleted from the record without destroying it. (2) The question of whether disclosure of any particular information in a school district's salary or payroll records would violate an employee's right of privacy is to be decided on a case‑by‑case basis in the courts in accordance with procedures set forth in §§ 31, 33 and 34 of Initiative No. 276.
AGO 1973 No. 9 >  March 30, 1973
DISTRICTS - SCHOOLS - EMPLOYEES - CONTRACTS - RETIREMENT - INSURANCE
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- CONTRACTS ‑- RETIREMENT ‑- INSURANCE (1) An agreement by a school district in reducing its force of certificated teachers for financial reasons to grant those teachers whose contracts are not to be renewed an unpaid leave of absence coupled with a right to return at some future date, if and when future teaching vacancies occur within the district for which they are qualified, will be enforceable by a separated teacher only if it is supported by an adequate legal consideration. (2) Such an agreement must be in writing in order to satisfy the requirements of RCW 28A.67.070, and of RCW 19.36.020 as well if the rights thereby granted are intended to be enforceable for more than one year beyond the date of its execution. (3) Considerable doubt must be expressed as to the enforceability of such a leave of absence coupled with a right of return if the term of leave exceeds one year in duration. (4) During the period of an unpaid leave of absence a teacher will not be eligible for active participation in the state teachers' retirement system as an employee of the district granting the leave. (5) Whether during the period of an unpaid leave of absence a teacher will be eligible to continue participating at his own expense in a medical insurance program provided for by the school district under RCW 28A.58.420 or RCW 41.04.180 will depend upon the terms of the particular insurance contract involved.
AGO 1973 No. 10 >  April 16, 1973
DISTRICTS - SCHOOLS - PUBLIC RECORDS - STUDENTS - PARENTAL ACCESS TO SCHOOL DISTRICT RECORDS RELATING TO STUDENTS
DISTRICTS ‑- SCHOOLS ‑- PUBLIC RECORDS ‑- STUDENTS ‑- PARENTAL ACCESS TO SCHOOL DISTRICT RECORDS RELATING TO STUDENTS (1) Under the provisions of Initiative No. 276, a public school district may allow the parents of a student enrolled therein to inspect the district's records pertaining to that student in those instances where the student is 18 years of age or older unless to do so will violate a right of privacy of the student who is the subject of the particular record and this information cannot be deleted from the record without destroying it. (2) The question of whether disclosure of any particular information in a school district's records respecting its students would violate the student's right of privacy is to be decided on a case‑by-case basis in the courts in accordance with the procedures set forth in §§ 31, 33 and 34 of Initiative No. 276 (chapter 1, Laws of 1973).
AGO 1983 No. 5 >  March 23, 1983
DISTRICTS - SCHOOL - EMPLOYEES - RETIREMENT - PENSIONS - SOCIAL SECURITY
WITHDRAWAL BY INDIVIDUAL DISTRICTS Because of the necessity for a legally sufficient description in connection with an offer to sell, or sale of, real property an offer to sell a portion of a larger tract of land, or the execution of a purchase and sale agreement covering such a tract of land, constitutes a "division" of the land under the definition of a "short subdivision" contained in RCW 58.17.020(6) or (7) so as to render applicable the various provisions of chapter 58.17 RCW relating to short plats and short subdivisions.
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 1983 No. 9 >  May 17, 1983
DISTRICTS - PUBLIC UTILITY - RECORDS
ACCESS TO CERTAIN RECORDS OF PUBLIC UTILITY DISTRICTS UNDER STATE PUBLIC DISCLOSURE LAW (1) The records of a public utility district concerning the names and addresses of individual customers are public records which such a district is required to furnish for public inspection and copying pursuant to the state public disclosure law (chapter 42.17 RCW). (2) An individual customer may not, on the basis of an asserted right of privacy, prevent disclosure of such records by instructing the public utility district not to permit it in his or her case. (3) Notwithstanding the foregoing, however, RCW 42.17.260(5) prohibits disclosure when the request is made for a list of customers by a commercial entity such as a bill collector or process server but not by governmental entities such as county sheriffs, the State Patrol, or a television reception improvement district not engaged in any "profit expecting" business activity.
AGO 1983 No. 10 >  May 31, 1983
DISTRICTS - SCHOOLS - FUNDS - INVESTMENT INCOME
INTEREST EARININGS FROM SCHOOL DISTRICT BUILDING RESERVE FUND RCW 28A.58.440 allows the transfer of interest earnings from a school district building reserve fund or building and capital projects fund to another school district fund so long as expenditures from such transferred interest earnings are restricted to instructional supplies, equipment or capital outlay purposes.
AGO 1983 No. 13 >  July 25, 1983
DISTRICTS - SCHOOLS - TRANSPORTATION - CONTRACTS
APPLICABILITY OF PREVAILING WAGE LAW TO CONTRACTS FOR SCHOOL BUS TRANSPORTATION The provisions of chapter 39.12 RCW, the state prevailing wage law, do not apply to bus drivers or like personnel employed by private companies providing transportation services to a school district by contract.
AGO 1973 No. 11 >  May 10, 1973
DISTRICTS - SCHOOLS - TUITION AND FEES - AUTHORITY OF SCHOOL DISTRICTS TO CHARGE VARIOUS FEES
DISTRICTS ‑- SCHOOLS ‑- TUITION AND FEES ‑- AUTHORITY OF SCHOOL DISTRICTS TO CHARGE VARIOUS FEES a
AGO 1983 No. 18 >  September 2, 1983
DISTRICTS - SCHOOLS - EMPLOYEES - INSURANCE
COMPUTATION OF INSURANCE FRINGE BENEFITS FOR SCHOOL DISTRICT EMPLOYEES Read together, the provisions of RCW 28A.58.095 and the 1983-85 Biennial Operating Appropriations Act do not permit school districts to pool the total amount of money allowed for certificated and classified employee medical insurance benefits in order to provide each employee, regardless of the class of employees to which he or she belongs, an equal employer insurance benefit contribution.
AGO 1973 No. 19 >  August 8, 1973
DISTRICTS - FIRE PROTECTION - SCHOOLS - CONTRACTS FOR FIRE PROTECTION SERVICES
DISTRICTS ‑- FIRE PROTECTION ‑- SCHOOLS ‑- CONTRACTS FOR FIRE PROTECTION SERVICES The provisions of chapter 64, Laws of 1973, Ex. Sess., which on and after July 1, 1974, will require certain municipal corporations holding property situated within or adjacent to a fire protection district to contract with such district for fire protection services, are applicable to school districts holding such property.
AGO 2002 No. 7 >  November 25, 2002
PUBLIC UTILITY DISTRICTS - ELECTIONS - DISTRICTS - COUNTY AUDITOR
PUBLIC UTILITY DISTRICTS – ELECTIONS – DISTRICTS –COUNTY AUDITOR 1.  When the commissioners of public utility districts draw new commissioner districts after a decessional census, they must include in their plan all the territory within any city which did not, at the time the public utility district was organized, own or operate all of the utilities which a public utility district is authorized to furnish; it is immaterial whether such a city of such description was later incorporated.  2.  If the commissioner district boundaries submitted by a the board of a public utility district do not include all the territory of the public utility district in the districting plan, the public utility district board of commissioners has the authority, and the duty, to submit a new plan correcting this infirmity.
AGO 1973 No. 22 >  October 30, 1973
DISTRICTS - SCHOOLS - AUTHORITY TO PURCHASE UNIFORMS AND EQUIPMENT FOR INTERSCHOLASTIC ATHLETIC EVENTS
DISTRICTS ‑- SCHOOLS ‑- AUTHORITY TO PURCHASE UNIFORMS AND EQUIPMENT FOR INTERSCHOLASTIC ATHLETIC EVENTS When a school district, through the adoption of an appropriate resolution by its board of directors, has determined to engage in organized interscholastic athletic events with other schools as a part of its overall educational program, such district may utilize its general maintenance and operation funds to pay for appropriate uniforms and equipment to be used by its students in connection with their participation in such events, either as "on the field" participants or as band members, cheerleaders or the like.
AGO 1973 No. 23 >  November 1, 1973
DISTRICTS - PUBLIC UTILITY - ANNEXATION - COUNTIES - BOUNDARIES
DISTRICTS ‑- PUBLIC UTILITY ‑- ANNEXATION ‑- COUNTIES ‑- BOUNDARIES A public utility district may annex adjacent territory located in a county other than that in which the district was created where such adjacent territory is not situated within the boundaries of another public utility district.
AGO 1973 No. 25 >  December 20, 1973
DISTRICTS - SCHOOLS - EMPLOYEES - PROFESSIONAL NEGOTIATIONS - SALARIES - POLICIES
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- PROFESSIONAL NEGOTIATIONS ‑- SALARIES ‑- POLICIES (1) The board of directors of a public school district in this state is required by existing law to adopt an annual salary schedule for all of its certificated employees within the meaning of RCW 28A.67.066; it is not, however, so required by any specific statute to adopt official policies with regard to (a) the maximum number of students in a classroom; (b) the number of elementary specialists to be used in connection with such subjects as physical education and music; (c) secondary planning periods; or (d) a schedule calendar.  (2) The provisions of the "professional negotiations act" for school district certificated personnel (chapter 28A.72 RCW) permit but do not require the board of directors of a school district (or a committee thereof) to "meet, confer and negotiate" with the representatives of a duly designated employee organization as to proposed school policies initiated by that organization rather than by the board itself, except where those proposals are submitted by the employee organization as counterproposals during the course of pending negotiations on school policies initially proposed to be adopted by the board.
AGO 1961 No. 59 >  August 30, 1961
DISTRICTS - SCHOOLS - AUTHORIZATION BY VOTERS TO USE MONEY IN BUILDING FUND DERIVED FROM SPECIAL LEVY FOR GENERAL FUND PURPOSES - VOTE REQUIRED
DISTRICTS ‑- SCHOOLS ‑- AUTHORIZATION BY VOTERS TO USE MONEY IN BUILDING FUND DERIVED FROM SPECIAL LEVY FOR GENERAL FUND PURPOSES ‑- VOTE REQUIRED (1) Electors of a school district may authorize, at a special election, the use of monies in the building fund (derived from a special levy but not necessary for immediate expenditure) for general fund purposes. (2) If the school district desires to use the money in the building fund for general fund purposes the matter must be resubmitted to the voters and their approval must be tested by the requirements of the 17th Amendment and RCW 84.52.052.
AGO 1961 No. 68 >  October 3, 1961
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - INVESTMENT OF FUNDS
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- INVESTMENT OF FUNDS Under chapter 123, Laws of 1961, the board of directors of a school district has the power to authorize the county treasurer or other custodian of any school funds to invest such funds which may be lawfully invested or reinvested and which in the judgment of the board are not required for the immediate necessity of the district.
AGO 1961 No. 83 >  December 14, 1961
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - AUTHORITY TO MAKE REPAIRS AND IMPROVEMENTS TO SCHOOL DISTRICT PROPERTY THROUGH THE DISTRICT'S SHOP AND REPAIR DEPARTMENT
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- AUTHORITY TO MAKE REPAIRS AND IMPROVEMENTS TO SCHOOL DISTRICT PROPERTY THROUGH THE DISTRICT'S SHOP AND REPAIR DEPARTMENT The board of directors of a school district does not have the authority under § 1, chapter 224, Laws of 1961, to make repairs and improvements to school district property, through its shop and repair department, where the total cost of the repairs or improvements will exceed the sum of $2,500.00.
AGO 1961 No. 84 >  December 14, 1961
DISTRICTS - SCHOOLS - APPROPRIATION FOR INCREASE IN TEACHERS' SALARIES - BASIS FOR COMPUTING INCREASE
DISTRICTS ‑- SCHOOLS ‑- APPROPRIATION FOR INCREASE IN TEACHERS' SALARIES ‑- BASIS FOR COMPUTING INCREASE (1) Where several senior members on the teaching staff of a school district during the school year 1960-61 have retired or transferred from the district their salaries need not be considered by the district in fixing the basis on which salaries must be increased pursuant to the 1961 appropriation act. (2) Where the salary of any classroom teacher in a district is increased beyond the amount stated in an existing contract by virtue of the increase required under the 1961 appropriation law, the contract should be amended to reflect the increase.
AGO 1962 No. 96 >  February 19, 1962
DISTRICTS - PUBLIC UTILITY - SECOND CLASS - COMMISSIONERS - ELECTION TO FILL VACANCIES
DISTRICTS ‑- PUBLIC UTILITY ‑- SECOND CLASS ‑- COMMISSIONERS ‑- ELECTION TO FILL VACANCIES (1) Where there are two vacancies on the board of commissioners of a second class public utility district both vacancies are to be filled by special election held not more than forty days after such vacancies occur. (2) The commissioners elected at a special election to fill vacancies created on the board of commissioners of a second class public utility district are elected to hold office for the unexpired term of the commissioners whom they replace. (3) The election to fill vacancies on the board of commissioners of a second class public utility district must be held forty days after the occurrence of the vacancies pursuant to RCW 54.12.010.  The county auditor, who is charged by law with the power and duty of conducting public utility district elections (in other than class AA or class A counties), is authorized to prescribe a reasonable time within the forty-day period in which petitions for nominations may be filed.
AGO 1962 No. 103 >  March 21, 1962
DISTRICTS - SCHOOLS - INSURANCE POLICIES - COMPETITIVE BIDS
DISTRICTS ‑- SCHOOLS ‑- INSURANCE POLICIES ‑- COMPETITIVE BIDS School districts may, but are not required to advertise for bids under chapter 224, Laws of 1961 (RCW 28.58.135), when purchasing public liability or fire insurance policies even though the anticipated premiums may exceed $2500.
AGO 1962 No. 105 >  March 29, 1962
DISTRICTS - SCHOOLS - FIRST CLASS - BOARD OF DIRECTORS - AUTHORITY TO CONSTRUCT TRANSMITTER FOR EDUCATIONAL TELEVISION
DISTRICTS ‑- SCHOOLS ‑- FIRST CLASS ‑- BOARD OF DIRECTORS ‑- AUTHORITY TO CONSTRUCT TRANSMITTER FOR EDUCATIONAL TELEVISION A school district of the first class has the power to apply to the federal communications commission for a license to construct a television transmitter and to construct said transmitter on land within the district for educational purposes.
AGO 1962 No. 107 >  April 2, 1962
DISTRICTS - SCHOOLS - SECOND CLASS - BOARD OF DIRECTORS - AUTHORITY TO CLOSE SCHOOL FOR REASONS OF ECONOMY
DISTRICTS ‑- SCHOOLS ‑- SECOND CLASS ‑- BOARD OF DIRECTORS ‑- AUTHORITY TO CLOSE SCHOOL FOR REASONS OF ECONOMY The board of directors of a second class consolidated school district has the authority to close one of its grade schools which is economically unfeasible to operate without submitting the matter to a vote of the people.
AGO 1974 No. 21 >  October 23, 1974
DISTRICTS - SCHOOLS - FUNDS - PARTICIPATION IN INTERSCHOLASTIC ATHLETIC EVENTS
DISTRICTS ‑- SCHOOLS ‑- FUNDS ‑- PARTICIPATION IN INTERSCHOLASTIC ATHLETIC EVENTS (1) Some form of official action by the board of directors of a school district is required in order to authorize the district to engage in interscholastic athletic events as a part of its over-all educational program for which district funds are expended. (2) Where a school district, at district expense, provides an athletic stadium and the various kinds of uniforms and equipment used in interscholastic athletic competition, and pays coaches' salaries, the district may charge an admission fee for attendance at athletic events by nonstudent school patrons; and it may bind itself contractually to sell reserved seat season tickets to its athletic events for several years in advance, subject to the applicable principles of law concerning the power of public officials to bind their successors in office. (3) When the board of directors of a school district has by appropriate action authorized the expenditure of school district funds for interscholastic athletic activities, and such activities have been paid for in whole or in part out of the district's general operating funds, the directors may not permit the district's student body association to keep and utilize such gate receipts as it derives from these activities without accounting for them or reimbursing the school district funds thus expended. (4) A school district, in lieu of purchasing athletic uniforms and equipment out of its general operating funds in accordance with AGO 1973 No. 22 [[to Elmer W. Stanley, Executive Director, Washington State School Directors' Association on October 30, 1973]], may continue to purchase those items with its student body funds.
AGO 1962 No. 113 >  April 13, 1962
DISTRICTS - FIRE PROTECTION - ANNEXATION OF A PORTION THEREOF - OUTSTANDING INDEBTEDNESS
DISTRICTS ‑- FIRE PROTECTION ‑- ANNEXATION OF A PORTION THEREOF ‑- OUTSTANDING INDEBTEDNESS Where a portion of a fire protection district is annexed to a city or town, the property located in the area annexed remains subject to tax levies for payment of outstanding indebtedness (bonded or otherwise) of the district existing at the time of annexation unless the city or town elects to assume said indebtedness.
AGO 1974 No. 24 >  December 23, 1974
DISTRICTS - FIRE PROTECTION - CIVIL SERVICE - ABOLITION OF CIVIL SERVICE SYSTEM
DISTRICTS ‑- FIRE PROTECTION ‑- CIVIL SERVICE ‑- ABOLITION OF CIVIL SERVICE SYSTEM
A fire protection district which has, by resolution, established a civil service program for its full-time paid firemen under RCW 52.36.060 may not later rescind that resolution and abolish such program in the absence of specific statutory authorization.
AGO 1962 No. 117 >  April 19, 1962
DISTRICTS - SCHOOLS - CONSTRUCTION OF SCHOOL BUILDINGS TO PROVIDE RADIOACTIVE PROTECTION FACTOR
DISTRICTS ‑- SCHOOLS ‑- CONSTRUCTION OF SCHOOL BUILDINGS TO PROVIDE RADIOACTIVE PROTECTION FACTOR School buildings may be constructed or remodeled so as to provide a radioactive fallout protection factor.
AGO 1962 No. 118 >  April 20, 1962
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - DISTRIBUTION OF GIDEON BIBLES ON SCHOOL PREMISES
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- DISTRIBUTION OF GIDEON BIBLES ON SCHOOL PREMISES A Board of directors of a school district may not permit the distribution of Gideon Bibles on school premises by either school employees or representatives of the Gideon Society in view of the prohibition found in the constitution and statutes of this state regarding separation of church and state.
AGO 1962 No. 119 >  April 20, 1962
DISTRICTS - SCHOOLS - BACCALAUREATE EXERCISES - CONSTITUTIONAL AND STATUTORY PROHIBITION AGAINST PARTICIPATION
DISTRICTS ‑- SCHOOLS ‑- BACCALAUREATE EXERCISES ‑- CONSTITUTIONAL AND STATUTORY PROHIBITION AGAINST PARTICIPATION A school district in the state of Washington is prohibited by the Washington constitution and applicable state law from participating in any way in the planning, promotion or execution of baccalaureate exercises which are religious in nature.
AGO 1962 No. 122 >  April 24, 1962
DISTRICTS - SCHOOLS - APPROPRIATION FOR INCREASES IN TEACHERS' SALARIES - FULL-TIME CERTIFICATED EMPLOYEES - EMERGENCY CERTIFICATES
DISTRICTS ‑- SCHOOLS ‑- APPROPRIATION FOR INCREASES IN TEACHERS' SALARIES ‑- FULL-TIME CERTIFICATED EMPLOYEES ‑- EMERGENCY CERTIFICATES In order to qualify for funds appropriated by the legislature in 1961 to the office of the state superintendent for distribution to public schools, a school district must certify that all full-time certificated employees, including full-time teachers holding emergency certificates, are being paid not less than $4,200 per year.
AGO 1962 No. 123 >  April 24, 1962
DISTRICTS - SCHOOLS - BOARDS OF DIRECTORS - PURCHASE OF TAX SHELTERED ANNUITIES FOR CERTIFIED EMPLOYEES
DISTRICTS ‑- SCHOOLS ‑- BOARDS OF DIRECTORS ‑- PURCHASE OF TAX SHELTERED ANNUITIES FOR CERTIFIED EMPLOYEES The board of directors of a school district does not have the statutory authority to purchase for certificated employees tax sheltered annuities in lieu of salaries as defined in 26 U.S.C.A. (I.R.C. 1954) § 403 (b) as amended by Public Law 87-370, 75 Stat. 796.
AGO 1962 No. 126 >  May 2, 1962
DISTRICTS - PORTS - NOTICE OF PUBLIC HEARING - NOTICE FOR CHANGE OF GENERAL PLAN OF PORT COMMISSION
DISTRICTS ‑- PORTS ‑- NOTICE OF PUBLIC HEARING ‑- NOTICE FOR CHANGE OF GENERAL PLAN OF PORT COMMISSION Notice of a public hearing for the purpose of changing the general plans of a port commission need be published but once, at least ten days prior to the hearing, in a newspaper of general circulation in the port district.
AGO 1962 No. 127 >  May 3, 1962
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - PURCHASE OF SERVICE OF NONPROFIT CORPORATION - PROGRAMS AND PROCEDURES PERTAINING TO POLICY MAKING
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- PURCHASE OF SERVICE OF NONPROFIT CORPORATION ‑- PROGRAMS AND PROCEDURES PERTAINING TO POLICY MAKING A school district may not legally subscribe to service of a nonprofit corporation for research and information directed toward coordinating programs and procedures pertaining to policy making on the director level since such services are legally available to districts only through the Washington state school directors' association.
AGO 1975 No. 8 >  April 29, 1975
DISTRICTS - SCHOOLS - DIRECTOR DISTRICTS - BOUNDARIES - VOLUNTARY CHANGE OF RESIDENCE FROM ONE DIRECTOR DISTRICT TO ANOTHER - VACANCY
DISTRICTS ‑- SCHOOLS ‑- DIRECTOR DISTRICTS ‑- BOUNDARIES ‑- VOLUNTARY CHANGE OF RESIDENCE FROM ONE DIRECTOR DISTRICT TO ANOTHER ‑- VACANCY In a school district which has been divided into school director districts under RCW 28A.57.050, a school director's voluntary change of his place of residence and voting registration from one director district to another within the school district disqualifies him from continuing to serve for the remainder of the term for which he was elected because of the continuing qualification provisions now contained in RCW 28A.57.318.
AGO 1962 No. 131 >  May 9, 1962
DISTRICTS - (1) FLOOD CONTROL ZONE - ACQUISITION OF PROPERTY OF DRAINAGE DISTRICT WITH CONSENT - (2) DRAINAGE - AUTHORITY TO CONVEY TITLE OF PROPERTY TO FLOOD CONTROL ZONE DISTRICT
DISTRICTS ‑- (1) FLOOD CONTROL ZONE ‑- ACQUISITION OF PROPERTY OF DRAINAGE DISTRICT WITH CONSENT ‑- (2) DRAINAGE ‑- AUTHORITY TO CONVEY TITLE OF PROPERTY TO FLOOD CONTROL ZONE DISTRICT (1) A flood control zone district may acquire pursuant to RCW 86.15.080 (5) title to property owned by a drainage district provided the consent of said district is first obtained. (2) The provisions of RCW 86.15.210 do not apply to drainage districts.
AGO 1979 No. 7 >  April 2, 1979
DISTRICTS - IRRIGATION - SEWER - MERGER OF SEWER DISTRICT WITH IRRIGATION DISTRICTS - EXTENSION OF SEWER SERVICE FOLLOWING MERGER
DISTRICTS ‑- IRRIGATION ‑- SEWER ‑- MERGER OF SEWER DISTRICT WITH IRRIGATION DISTRICTS ‑- EXTENSION OF SEWER SERVICE FOLLOWING MERGER RCW 56.08.020 and RCW 56.16.030 apply to sewer districts and not to irrigation districts; therefore, once a sewer district has been merged into an irrigation district, those statutes no longer apply with regard to the extension of sewer service by the surviving irrigation district.
AGO 1979 No. 18 >  September 26, 1979
DISTRICTS - SCHOOLS - RULES OF PROCEDURE - EVALUATION OF TEACHING MATERIALS BY SCHOOL BOARDS
DISTRICTS ‑- SCHOOLS ‑- RULES OF PROCEDURE ‑- EVALUATION OF TEACHING MATERIALS BY SCHOOL BOARDS (1) Evaluations of teaching materials by a school district in public hearing pursuant to RCW 28A.58.758(2)(f) may be conducted either by the school board or by the administrative staff of a school district.  (2) RCW 28A.58.758(2)(f) and RCW 28A.58.103(1)(e) do not provide alternative means for processing complaints registered by parents, guardians or custodians of students with respect to teaching materials deemed by them to be objectionable. (3) Films used for teaching purposes are included within the term "teaching materials" as used in RCW 28A.58.758(2)(f). (4) The legislature has not prescribed any particular rules of procedure to govern the conduct of an evaluation of teaching materials in public hearing pursuant to RCW 28A.58.758(2)(f); instead, each school district board of directors should be viewed as having the power to establish its own rules of procedure within the confines of judicially approved standards.
AGO 1962 No. 155 >  August 14, 1962
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - AUTHORITY TO PAY EXPENSES OF TEACHER APPLICANTS
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- AUTHORITY TO PAY EXPENSES OF TEACHER APPLICANTS The board of directors of a school district does not have the authority to pay the expenses incurred by teacher applicants who come to the district for interviews.
AGO 1962 No. 157 >  August 24, 1962
DISTRICTS - IRRIGATION - ELECTIONS - QUALIFICATIONS OF VOTERS - PERSONS HOLDING TITLE OR EVIDENCE OF TITLE - NUMBER AND LOCATION OF POLLING PLACES
DISTRICTS ‑- IRRIGATION ‑- ELECTIONS ‑- QUALIFICATIONS OF VOTERS ‑- PERSONS HOLDING TITLE OR EVIDENCE OF TITLE ‑- NUMBER AND LOCATION OF POLLING PLACES (1) A contract purchaser of land in an irrigation district under an ordinary contract for the sale of real property holds evidence of title to such land and therefore, if otherwise qualified, is entitled to vote in an irrigation district election. (2) A contract vendor of land in an irrigation district holds title to such land, and therefore, if otherwise qualified, is entitled to vote in an irrigation district election until such time as he does, by appropriate delivery of a deed, pass title to the purchaser. (3) The executor or administrator of the estate of a deceased holder of title to land in an irrigation district does not hold title or evidence of title to such land, and therefore is not entitled to vote in an irrigation district election. (4) The heirs or devisees of a deceased holder of title to land in an irrigation district do hold title to such land and therefore, if otherwise qualified, are entitled to vote in an irrigation district election. …
AGO 1979 No. 6 >  March 28, 1979
DISTRICTS - SCHOOLS - HEALTH - IMMUNIZATION - CONSTITUTIONALITY OF IMMUNIZATION REQUIREMENT FOR SCHOOL ATTENDANCE
DISTRICTS ‑- SCHOOLS ‑- HEALTH ‑- IMMUNIZATION ‑- CONSTITUTIONALITY OF IMMUNIZATION REQUIREMENT FOR SCHOOL ATTENDANCE Certain proposed legislation now pending before the state legislature (see Senate Bill No. 2241 and House Bill No. 502) to require specified immunizations of school age children as a prerequisite for admission to public or private schools would, if enacted as drafted, be constitutionally valid.
AGO 1962 No. 160 >  September 5, 1962
DISTRICTS - SCHOOLS - SECOND CLASS - BOARD OF DIRECTORS - LEASE OF SCHOOL PROPERTY FOR COMMUNITY FALLOUT SHELTER
DISTRICTS ‑- SCHOOLS ‑- SECOND CLASS ‑- BOARD OF DIRECTORS ‑- LEASE OF SCHOOL PROPERTY FOR COMMUNITY FALLOUT SHELTER The board of directors of a second class school district has the authority under certain conditions to lease the basement of a former school building to a community organization for a community fallout shelter.
AGO 1962 No. 162 >  September 10, 1962
DISTRICTS - FIRE PROTECTION - INCOMPATIBLE OFFICES - FIRE DISTRICT COMMISSIONER AND MEMBER OF A FIRE DEPARTMENT
DISTRICTS ‑- FIRE PROTECTION ‑- INCOMPATIBLE OFFICES ‑- FIRE DISTRICT COMMISSIONER AND MEMBER OF A FIRE DEPARTMENT A member of a fire department which is furnishing fire protection to a fire protection district may not simultaneously be a commissioner of the district since the two public offices are incompatible.
AGO 1979 No. 4 >  February 28, 1979
DISTRICTS - SCHOOL - LUNCHROOMS - CONTRACTS - UTILIZATION OF FOOD SERVICE CONTRACTORS
DISTRICTS ‑- SCHOOL ‑- LUNCHROOMS ‑- CONTRACTS ‑- UTILIZATION OF FOOD SERVICE CONTRACTORS Neither RCW 28A.58.136 nor any other present statute allows a school district to contract with a food service contractor to purchase foodstuff and other supplies, collect money, prepare tax returns, etc.; instead, such food service contractors may only be utilized for the preparation and service of food.
AGO 1962 No. 169 >  September 26, 1962
DISTRICTS - SCHOOLS - INSTALLATION OF SEWER LINE - CONTRACT WITH SEWER DISTRICT
DISTRICTS ‑- SCHOOLS ‑- INSTALLATION OF SEWER LINE ‑- CONTRACT WITH SEWER DISTRICT A school district may contract with a sewer district for the installation of a sewer line under chapter 35.91 RCW.
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. 174 >  October 23, 1962
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - CONFLICT OF INTEREST - EMPLOYMENT OF DIRECTOR OR SPOUSE AS A TEACHER - CERTIFICATION
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- CONFLICT OF INTEREST ‑- EMPLOYMENT OF DIRECTOR OR SPOUSE AS A TEACHER ‑- CERTIFICATION (1) and (2) Chapter 42.23 RCW and specifically RCW 42.23.020 prohibits the employment of either a school director or his wife for compensation except as specifically provided in the act. (3) A proviso of RCW 42.23.030 allows the employment of a school director or his wife in school districts other than districts of the first class, up to certain maximum amounts, ($200) which amount is measured by the total liability of the district under the contract or contracts at the time they are executed and not by the size of monthly installments into which the contract may be divided for subsequent payment. (4) No individual may be employed by a school district as a teacher, whether on a full-time, part-time, or "substitute" basis, unless such individual has a valid teacher's certificate as required by § 1, Article VII, subchapter 4, chapter 97, Laws of 1909 (cf. RCW 28.67.010).
AGO 1963 No. 11 >  February 18, 1963
DISTRICTS - SCHOOL - DIRECTORS - WASHINGTON STATE SCHOOL DIRECTORS' ASSOCIATION - DUES
DISTRICTS ‑- SCHOOL ‑- DIRECTORS ‑- WASHINGTON STATE SCHOOL DIRECTORS' ASSOCIATION ‑- DUES (1) When the Washington state school directors' association has established a schedule of dues for members of the association under RCW 28.58.360, it is the duty of each board of directors to make provision annually for the payment of such dues and to order such payment. (2) If a district fails to pay dues in a particular year, it is the duty of the county auditor (pursuant to a written request of the executive committee of the association) to satisfy the district's obligation by the transfer of district funds, whether the delinquency be for current dues or for dues unpaid during previous years in which the proper schedule of dues was established.
AGO 1975 No. 21 >  October 15, 1975
DISTRICTS - FIRE PROTECTION - COUNTIES - CITIES AND TOWNS - ENFORCEMENT OF UNIFORM FIRE CODE
DISTRICTS ‑- FIRE PROTECTION ‑- COUNTIES ‑- CITIES AND TOWNS ‑- ENFORCEMENT OF UNIFORM FIRE CODE (1) Within the unincorporated areas of a county which are served by a fire protection district, the uniform fire code, as adopted pursuant to chapter 19.27 RCW, requires the fire chief and the department of that district to perform each of the administrative and enforcement functions listed in § 1.201 thereof, together with such other functions as are required, under the heading of "Administration" in Division II of the code, to be performed by the "Fire Chief" or "Fire Department."  (2) A county, however, in the exercise of its authority under RCW 19.27.040 to amend the various component parts of the state building code in certain respects, may alter the manner in which the uniform fire code is administered within any or all of its unincorporated areas through the adoption of an amendment to that code designating some other official as the "Fire Chief" for the purpose of administering and enforcing its provisions.
AGO 1975 No. 25 >  December 30, 1975
DISTRICTS - WATER - ELECTIONS - DATE UPON WHICH TERM OF NEXT WATER DISTRICT COMMISSIONER BEGINS
DISTRICTS ‑- WATER ‑- ELECTIONS ‑- DATE UPON WHICH TERM OF NEXT WATER DISTRICT COMMISSIONER BEGINS Under RCW 29.13.050, which has impliedly amended the preexisting provisions of RCW 57.12.030, the term of office of a water district commissioner elected on the first Tuesday following the first Monday in November of an odd-numbered year is to begin as of noon on the second Monday in January following his election.
AGO 1984 No. 1 >  January 12, 1984
DISTRICTS - WEED - TAXATION - ASSESSMENTS - COUNTIES - CITIES AND TOWNS
APPLICABILITY OF WEED DISTRICT ASSESSMENTS TO CERTAIN CITY-OWNED LAND Lands which are owned by an incorporated city or town (including but not limited to those situated outside the corporate limits of that municipality) are not subject to weed district assessments imposed pursuant to RCW 17.04.240.
AGO 1976 No. 2 >  January 14, 1976
DISTRICTS - SCHOOL - FIRE PROTECTION - CITIES AND TOWNS - CONTRACTS - FIRE PROTECTION SERVICES FOR CITY SCHOOL DISTRICTS
DISTRICTS ‑- SCHOOL ‑- FIRE PROTECTION ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- FIRE PROTECTION SERVICES FOR CITY SCHOOL DISTRICTS RCW 52.36.020, as amended by § 1, chapter 88, Laws of 1974, 1st Ex. Sess., does not require a school district with facilities located within a city or town to compensate a fire protection district for service provided such facilities even though the city or town has entered into a contract with the fire protection district for the provision of fire protection services.
AGO 1984 No. 2 >  January 30, 1984
DISTRICTS - SCHOOLS - TRANSPORTATION - CONTRACTS
COMPETITIVE BIDDING ON SCHOOL DISTRICT TRANSPORTATION CONTRACTS The provisions of RCW 28A.58.135 do not require school districts to go through a competitive bidding process prior to entering into a contract for pupil transportation services under RCW 28A.58.131.
AGO 1984 No. 6 >  February 23, 1984
DISTRICTS - PORTS - TAXATION - ELECTIONS
NECESSITY FOR VOTER APPROVAL OF CERTAIN PORT DISTRICT TAX LEVIES Voter approval only constitutes a condition precedent to continuation of a port district tax levy under RCW 53.36.100, after the sixth year of the levy, in those instances where, in response to publication of the district's notice of intent to continue the levy, a sufficient petition in opposition thereto has been circulated and filed with the county auditor.
AGO 1984 No. 12 >  April 23, 1984
DISTRICTS - PORT - ANNEXATION - NONCONTIGUOUS TERRITORY
NONCONTIGUOUS TERRITORY RCW 53.04.080, relating to annexation by a public port district, does not authorize such a district to annex noncontiguous (or nonadjacent) territory located elsewhere within the county.
AGO 1976 No. 8 >  March 17, 1976
DISTRICTS - SCHOOLS - ATHLETIC PROGRAMS - EQUAL RIGHTS AMENDMENT - CONSTITUTIONALITY OF SEPARATE ATHLETIC TEAMS FOR BOYS AND GIRLS
DISTRICTS ‑- SCHOOLS ‑- ATHLETIC PROGRAMS ‑- EQUAL RIGHTS AMENDMENT ‑- CONSTITUTIONALITY OF SEPARATE ATHLETIC TEAMS FOR BOYS AND GIRLS (1) Under Article XXXI, § 1 (Amendment 61) of the Washington constitution, commonly referred to as the state equal rights amendment, as construed and applied by the Washington supreme court in Darrin v. Gould , 85 Wn.2d 859, 540 P.2d 882 (1975), whenever within a school district in this state only a single public school athletic team or program exists in a given sport, whether it be interscholastic contact football or some other athletic activity, that single team or program must be equally open to participation by qualified members of both sexes.  (2) In accordance with RCW 28A.85.020, a school district may maintain separate teams for the members of each sex, but only if (a) it can clearly be shown, under all the factual circumstances involved in the particular case, that the maintenance of separate teams for boys and girls truly constitutes the best method of providing both sexes, as a whole, with an equal opportunity to participate in the sports or games of their choice and (b) at the same time, a test of substantial equality between the two programs can be found to have been met.
AGO 1963 No. 41 >  July 29, 1963
DISTRICTS - SCHOOLS - PHYSICAL EDUCATION - WHEN STUDENTS MAY BE EXCUSED
DISTRICTS ‑- SCHOOLS ‑- PHYSICAL EDUCATION ‑- WHEN STUDENTS MAY BE EXCUSED Students in public high schools, colleges and universities may be excused from physical education courses on account of physical disability, or religious belief, or because of participation in directed athletics or military science tactics.  Additionally, individual high school students must be excused from physical education courses upon written request of the parent or guardian.
AGO 1991 No. 17 >  April 17, 1991
MUNICIPAL CORPORATIONS - CITIES AND TOWNS - COUNTIES - DISTRICTS - EMPLOYERS AND EMPLOYEES - MEDICAL BENEFITS - SELF-FUNDING OF EMPLOYEE HEALTH BENEFITS BY LOCAL GOVERNMENT
MUNICIPAL CORPORATIONS ‑- CITIES AND TOWNS ‑- COUNTIES ‑- DISTRICTS ‑- EMPLOYERS AND EMPLOYEES ‑- MEDICAL BENEFITS ‑- SELF-FUNDING OF EMPLOYEE HEALTH BENEFITS BY LOCAL GOVERNMENT Charter counties, charter cities, code cities and municipal corporations, in the exercise of proprietary functions, have broad legislative power that empowers them to self-fund their employee health and welfare benefits.  Other municipal corporations have only the powers expressly granted by the Legislature or necessarily or fairly implied in or incident to the powers expressly granted.  These municipal corporations do not have the authority to self-fund their employees' health and welfare benefits.
AGO 1976 No. 10 >  April 6, 1976
DISTRICTS - SCHOOLS - EMPLOYEES - LEAVE OF ABSENCE WITH PAY FOR CERTAIN SCHOOL EMPLOYEES
ACCUMULATION OF SICK LEAVE AND RETIREMENT CREDIT WHILE ON LEAVE (1) If a school district under RCW 28A.58.100 allows a certified employee to take a leave of absence with pay pursuant to a written policy adopted by its board of directors, the employee may use such leave to perform service as an elected officer of a state or local employee organization or union unless precluded from doing so by the board policy; however, a school district leave policy designed specifically to allow this to be done, whether by agreement with the employee organization or union involved or otherwise, would be of doubtful validity under Article VIII, § 7 of the state constitution. (2) At the discretion of the employing school district, the rate of pay which an employee on nonmandatory leave of absence under RCW 28A.58.100 may receive during the period of such leave may be either the same, lower, or higher than that which the employee would have otherwise received for the performance of employment services if not on leave of absence. (3) A certificated school district employee who serves as an elected officer of a state or local employee organization or union while on a discretionary leave of absence without pay under RCW 28A.58.100(2) will be entitled to such sick leave during the period of his leave of absence as the school board by which he is employed elects to allow under its written leave policy. (4) A certificated school district employee who is on a leave of absence with pay while serving as an elected officer of a state or local employee organization or union and who is listed as employed by his school district is entitled to service credit for the period of such leave for purposes of the state teachers' retirement system.
AGO 1991 No. 19 >  May 14, 1991
SCHOOLS - DISTRICTS - EDUCATIONAL SERVICE DISTRICTS - INTERLOCAL COOPERATION ACT - INSURANCE - SHORT-TERM OBLIGATIONS
AUTHORITY OF ENTITY CREATED BY SCHOOL DISTRICTS AND EDUCATIONAL SERVICE ... 1.  Chapter 48.52 RCW authorizes school districts and educational service districts to join together to create a risk management pool pursuant to chapter 39.34 RCW, the Interlocal Cooperation Act.  The risk management pool thus created may take the form of a separate legal or administrative entity.  2. The Interlocal Cooperation Act does not authorize the exercise of any new substantive powers by the public agencies that enter into interlocal cooperation agreements.  Since educational service districts do not have the authority to issue short-term obligations, a separate legal entity created by educational service districts and school districts does not have the authority to issue short-term obligations.
AGO 1963 No. 45 >  August 5, 1963
DISTRICTS - WATER - COMMISSIONERS - GROUP MEDICAL INSURANCE PLAN OR HEALTH CARE PLAN FOR EMPLOYEES AND DEPENDENTS - AUTHORITY - COMMISSIONERS NOT INCLUDED
DISTRICTS ‑- WATER ‑- COMMISSIONERS ‑- GROUP MEDICAL INSURANCE PLAN OR HEALTH CARE PLAN FOR EMPLOYEES AND DEPENDENTS ‑- AUTHORITY ‑- COMMISSIONERS NOT INCLUDED (1) A water district has the power to initiate and maintain a group medical insurance plan or health care plan for its employees and their dependents and to pay the entire cost thereof. (2) Same: A water district does not have any authority to pay all or any part of the cost of such plan for the benefit of the commissioners of the district since they are officers not employees of the district.
AGO 1963 No. 48 >  August 13, 1963
DISTRICTS - SCHOOLS - BOND REDEMPTION FUND - DEPOSIT OF PUBLIC UTILITY DISTRICT PAYMENT - AMOUNT NOT TO BE INCLUDED IN COMPUTING STATE EQUALIZATION FOR CURRENT OPERATIONS
DISTRICTS ‑- SCHOOLS ‑- BOND REDEMPTION FUND ‑- DEPOSIT OF PUBLIC UTILITY DISTRICT PAYMENT ‑- AMOUNT NOT TO BE INCLUDED IN COMPUTING STATE EQUALIZATION FOR CURRENT OPERATIONS (1) The proceeds of the payment a public utility district must make to a school district under RCW 54.28.080 are to be placed in the appropriate bond redemption fund of the school district. (2) Same :  The state superintendent of public instruction does not have the authority to consider such payment by a public utility district to a school district as a district asset before determining the district's equalization status under RCW 28.41.080.
AGO 1991 No. 25 >  July 15, 1991
COUNTIES - IRRIGATION - DISTRICTS - ASSESSMENTS - PROPERTY - TAXATION - LIENS
COUNTIES ‑- IRRIGATION ‑- DISTRICTS ‑- ASSESSMENTS ‑- PROPERTY ‑- TAXATION ‑- LIENS ‑- SALE OF PROPERTY ACQUIRED BY FORECLOSURE BY A COUNTY OR AN IRRIGATION DISTRICT 1.  RCW 87.06.100(4) provides that when an irrigation district sells property acquired in a foreclosure proceeding, it shall not provide a deed to the purchaser until various outstanding taxes and assessments are paid.  These various taxes and assessments must be paid even if they exceed the market value of the property.  2.  If a county sells property acquired at a foreclosure proceeding, the distribution of the proceeds of sale is governed by RCW 84.64.230.  An irrigation district is entitled to a share of the proceeds of sale under RCW 84.64.230 because the irrigation district lien established by RCW 87.03.265 is of equal rank with the lien for general taxes established by RCW 84.60.010.  3.  RCW 84.64.230 provides that no claim shall be allowed against the county on property acquired by the county by tax deed in a foreclosure proceeding.  Thus, an irrigation district cannot foreclose its lien on tax deed property held by the county.                                     
AGO 1963 No. 55 >  September 10, 1963
DISTRICTS - SEWER - PROPERTY SUBJECT TO SPECIAL ASSESSMENT - SUBDIVIDED PRIOR TO PAYMENT - REAPPORTIONMENT - APPROVAL OF COMMISSIONERS - SALE OF INDIVIDUAL LOTS
DISTRICTS ‑- SEWER ‑- PROPERTY SUBJECT TO SPECIAL ASSESSMENT ‑- SUBDIVIDED PRIOR TO PAYMENT ‑- REAPPORTIONMENT ‑- APPROVAL OF COMMISSIONERS ‑- SALE OF INDIVIDUAL LOTS ‑- PAYMENT OF CERTAIN... (1) Property subject to a special assessment by a sewer district may be subdivided prior to the payment of the assessment and upon approval of the sewer district commissioners the total special assessment may be reapportioned and prorated to individual lots in the subdivision. (2) Same :  In cases where a sale of lots must be preceded by filing of the plats, or filing requirements are otherwise imposed, all special assessments on property which will become streets, alleys, and other public places must be paid.
AGO 1963 No. 58 >  September 19, 1963
DISTRICTS - FIRE - COMMISSIONERS - AUTHORITY OF ASSOCIATION TO INCORPORATE AS A NONPROFIT CORPORATION
DISTRICTS ‑- FIRE ‑- COMMISSIONERS ‑- AUTHORITY OF ASSOCIATION TO INCORPORATE AS A NONPROFIT CORPORATION An association of fire commissioners provided for by RCW 52.08.030 (5) does not have the authority to incorporate as a nonprofit corporation.
AGO 1963 No. 61 >  October 1, 1963
SCHOOLS - DISTRICTS - TEACHERS - EARNABLE COMPENSATION - TEACHERS' RETIREMENT SYSTEM - TAX-DEFERRED ANNUITIES - GROUP HOSPITAL AND MEDICAL INSURANCE
SCHOOLS ‑- DISTRICTS ‑- TEACHERS ‑- EARNABLE COMPENSATION ‑- TEACHERS' RETIREMENT SYSTEM ‑- TAX-DEFERRED ANNUITIES ‑- GROUP HOSPITAL AND MEDICAL INSURANCE Payments made by a school district for the purchase of tax-deferred annuities for its employees under § 10, chapter 21, Laws of 1963, Ex. Sess., constitute a form of "earnable compensation" under RCW 41.32.010 both as amended by § 1, chapter 14, Laws of 1963, Ex. Sess., and as presently defined, but payments which may be made by a school district for group hospitalization and medical insurance for its employees under chapter 75, Laws of 1963, do not.
AGO 1963 No. 63 >  October 10, 1963
DISTRICTS - PORT - CONTRACTS - BUILDING CONTRACTS - PORT COMMISSIONER AS STOCKHOLDER AND OFFICER
DISTRICTS ‑- PORT ‑- CONTRACTS ‑- BUILDING CONTRACTS ‑- PORT COMMISSIONER AS STOCKHOLDER AND OFFICER (1) Unless one of the specific exemptions found in RCW 42.23.030 is applicable, a port district in this state may not lawfully enter into a building construction contract with a corporation in which one of the port commissioners is a stockholder and officer. (2) If a contract is executed in violation of RCW 42.23.030, the contract is void and the penalty upon the public officer in question is prescribed in RCW 42.23.050 and 42.20.080.
AGO 1963 No. 73 >  December 9, 1963
DISTRICTS - DRAINAGE - COMMISSIONERS - ESTIMATES FOR TAX ASSESSMENT PURPOSES - TIME FOR SUBMISSION DIRECTORY RATHER THAN MANDATORY
DISTRICTS ‑- DRAINAGE ‑- COMMISSIONERS ‑- ESTIMATES FOR TAX ASSESSMENT PURPOSES ‑- TIME FOR SUBMISSION DIRECTORY RATHER THAN MANDATORY The provisions of RCW 85.05.270 requiring drainage district commissioners on or before the first Monday in October to make and certify to the county auditor an estimate of the cost of maintenance and repair of the improvement for the ensuing year are directory rather than mandatory, and are intended only to secure orderly dispatch in the assessment procedures; therefore an assessment is valid if the requirements of law are satisfied and orderly procedures are followed.
AGO 1964 No. 77 >  January 20, 1964
DISTRICTS - SCHOOLS - COMMUNITY COLLEGE - AUTHORITY TO PURCHASE LAND FOR COMMUNITY COLLEGE PURPOSES - CONDEMNATION - ACREAGE LIMITATION
DISTRICTS ‑- SCHOOLS ‑- COMMUNITY COLLEGE ‑- AUTHORITY TO PURCHASE LAND FOR COMMUNITY COLLEGE PURPOSES ‑- CONDEMNATION ‑- ACREAGE LIMITATION (1) Chapter 41, Laws of 1963, which authorizes a school district to condemn and appropriate not more than 75 acres "for any community college or vocational technical school purpose" does not impose any limitation upon the general power of a district to acquire additional acreage by means other than by condemnation. (2) A school district may legally condemn no more than 75 acres of land for the operation of a community college, even though the community college may offer separate vocational and academic programs.
AGO 1964 No. 79 >  January 22, 1964
DISTRICTS - SCHOOLS - FUNDS - GENERAL - BUILDING - DISPOSITION OF PROCEEDS OF PRIVILEGE TAX COLLECTED BY PUBLIC UTILITY DISTRICT WHICH ARE DISTRIBUTED TO SCHOOL DISTRICTS - COMPUTATION OF EQUALIZATION STATUS
DISTRICTS ‑- SCHOOLS ‑- FUNDS ‑- GENERAL ‑- BUILDING ‑- DISPOSITION OF PROCEEDS OF PRIVILEGE TAX COLLECTED BY PUBLIC UTILITY DISTRICT WHICH ARE DISTRIBUTED TO SCHOOL DISTRICTS ‑- COMPUTATION OF EQUALI (1) The sums deposited to the credit of a school district under the authority of RCW 54.28.090 may become a part of the school district's general fund, building fund, or both. (2) Payments received by school districts under RCW 54.28.090 may only be considered receipts for the purpose of RCW 28.41.080 if they are in fact deposited in the school district's general fund.
AGO 1976 No. 21 >  November 30, 1976
CITIES AND TOWNS - DISTRICTS - FIRE PROTECTIION - FIREMEN
APPLICABILITY OF MINIMUM WAGE ACT TO MUNICIPAL FIRE FIGHTERS a
AGO 1976 No. 23 >  December 29, 1976
OFFICES AND OFFICERS - STATE - COMMISSION FOR VOCATIONAL EDUCATION - DISTRICTS - SCHOOLS - ESTABLISHMENT OF SERVICE AREAS FOR VOCATIONAL - TECHNICAL INSTITUTES
OFFICES AND OFFICERS ‑- STATE ‑- COMMISSION FOR VOCATIONAL EDUCATION ‑- DISTRICTS ‑- SCHOOLS ‑- ESTABLISHMENT OF SERVICE AREAS FOR VOCATIONAL ‑- TECHNICAL INSTITUTES (1) In the absence of authorization by the commission for vocational education under chapter 174, Laws of 1975, 1st Ex. Sess. (chapter 28C.04 RCW), a school district which has a vocational-technical institute may not offer and conduct any of the vocational training programs of that institute at locations which are physically situated outside of the geographic boundaries of the school district.   (2) The commission for vocational education, in defining a "service area" for a common school vocational-technical institute in accordance with RCW 28C.04.020(6), may include therein certain geographic areas not physically situated within the boundaries of the school district involved and, by so doing, empower that district to establish, maintain and operate vocational training programs at locations outside of the district's boundaries but within the service area thus defined.   (3) The commission for vocational education, in establishing service areas for vocational-technical institutes under RCW 28C.04.020(6), is not required at the time of doing so to consider and apply the criteria specified in RCW 28C.04.040(2) for the adjudication of disputes between secondary and postsecondary education systems.
AGO 1964 No. 96 >  April 2, 1964
DISTRICTS - SCHOOLS - ELECTION - APPOINTMENT OF ELECTION OFFICIALS
DISTRICTS ‑- SCHOOLS ‑- ELECTION ‑- APPOINTMENT OF ELECTION OFFICIALS All elections which a school district is authorized by law to hold, except recall elections in class A and AA counties are to be conducted by election officials appointed by the county auditor pursuant to RCW 29.45.010 and RCW 29.45.030.
AGO 1964 No. 98 >  April 8, 1964
DISTRICTS - SCHOOLS - SICK LEAVE FOR CERTIFICATED AND NONCERTIFICATED EMPLOYEES - WHEN LEAVE MAY BE TAKEN
DISTRICTS ‑- SCHOOLS ‑- SICK LEAVE FOR CERTIFICATED AND NONCERTIFICATED EMPLOYEES ‑- WHEN LEAVE MAY BE TAKEN. (1) The phrase "contract of employment" as used in subsection 15 of RCW 28.58.100 must be construed to include all contracts of employment whether written or oral in respect to the employment of noncertificated employees. (2) A full-time noncertificated employee under contract for a full year is entitled to ten days' sick leave at the beginning of the year, subject to rules and regulations of the board as to the manner of proof of illness or injury.
AGO 1964 No. 101 >  May 4, 1964
DISTRICTS - IRRIGATION - TOLLS FOR SERVICES - DATE DELINQUENT - INTEREST
DISTRICTS ‑- IRRIGATION ‑- TOLLS FOR SERVICES ‑- DATE DELINQUENT ‑- INTEREST The board of directors of an irrigation district charging tolls for services must fix the date from which tolls will be delinquent and interest should be charged on the tolls declared by the board to be delinquent.
AGO 1964 No. 104 >  May 21, 1964
DISTRICTS - DRAINAGE - WARRANTS - ISSUANCE - COUNTY AUDITOR
DISTRICTS ‑- DRAINAGE ‑- WARRANTS ‑- ISSUANCE ‑- COUNTY AUDITOR Drainage district commissioners may not issue warrants independently of the county auditor's office.  The commissioners authorize the issuance of warrants but the mechanical procedure of issuance must be performed by the county auditor.
AGO 1977 No. 10 >  April 28, 1977
DISTRICTS - SCHOOLS - STUDENTS - SPORTS - PHYSICAL EXAMINATIONS FOR STUDENTS PARTICIPATING IN INTERSCHOLASTIC ATHLETICS
DISTRICTS ‑- SCHOOLS ‑- STUDENTS ‑- SPORTS ‑- PHYSICAL EXAMINATIONS FOR STUDENTS PARTICIPATING IN INTERSCHOLASTIC ATHLETICS A school district may require all students desiring to participate in interscholastic athletic activities to undergo, and pass, a physical examination conducted by a qualified medical practitioner, either at school district expense or at the expense of the students involved and/or their parents, before being allowed to compete.
AGO 1977 No. 11 >  May 6, 1977
DISTRICTS - SCHOOLS - CHURCHES - RELIGION - CONSTITUTIONALITY OF MANDATORY MINUTE OF SILENCE FOR MEDITATION OR PRAYER
DISTRICTS ‑- SCHOOLS ‑- CHURCHES ‑- RELIGION ‑- CONSTITUTIONALITY OF MANDATORY MINUTE OF SILENCE FOR MEDITATION OR PRAYER Legislation providing for a mandatory minute of silence at the commencement of each school day in the public schools of our state, to be observed for meditation or prayer at the discretion of the students involved, would, if enacted by the state legislature, be constitutionally defensible.
AGO 1977 No. 13 >  June 8, 1977
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - CONTRACTS - NONRENEWAL OF CONTRACTS OF PROVISIONAL SCHOOL EMPLOYEES
DISTRICTS ‑- SCHOOLS ‑- CERTIFICATED EMPLOYEES ‑- CONTRACTS ‑- NONRENEWAL OF CONTRACTS OF PROVISIONAL SCHOOL EMPLOYEES (1) A person newly employed by a school district in a teaching or other supervisory certificated position remains a "provisional employee," within the meaning of RCW 28A.67.072, for a twelve‑month (or 365 day) period commencing on the date of his employment and ending one year later.  (2) The procedures for contract renewal which are provided for under RCW 28A.67.072 in the case of provisional school district employees may only be utilized if notice of nonrenewal is given by not later than the May 15th date which falls within the term of an individual's first year of employment as above defined.
AGO 1985 No. 12 >  July 31, 1985
DISTRICTS - SCHOOLS - FUNDS
INTERFUND TRANSFERS OF FEDERAL FOREST FUNDS BY SCHOOL DISTRICTS The provisions of RCW 43.09.210 do not prohibit a school district from transferring to its general operating fund certain federal forest funds initially placed in the district's capital projects fund by the school board but not appropriated by the board for a capital projects purpose.
AGO 1985 No. 13 >  August 13, 1985
DISTRICTS - SCHOOLS - FEES - CHILDREN
CHILDREN Schools are not authorized to charge fees for the administration of pre‑admission tests for early entrance of children into kindergarten or first grade classes.
AGO 1964 No. 111 >  June 30, 1964
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - AUTHORITY TO RENT OR LEASE PROPERTY NOT PRESENTLY REQUIRED FOR SCHOOL PURPOSES
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- AUTHORITY TO RENT OR LEASE PROPERTY NOT PRESENTLY REQUIRED FOR SCHOOL PURPOSES Neither RCW 28.58.100 (5) nor RCW 28.58.050 (now RCW 28.58.048) prevents a school district from leasing to a private individual an old house situated on school property where such property is not presently required for school purposes.
AGO 1977 No. 17 >  August 2, 1977
DISTRICTS - SCHOOLS - TAXATION - EXCESS LEVIES - SALARY INCREASES FOR SCHOOL DISTRICT EMPLOYEES
DISTRICTS ‑- SCHOOLS ‑- TAXATION ‑- EXCESS LEVIES ‑- SALARY INCREASES FOR SCHOOL DISTRICT EMPLOYEES (1) The restrictions upon the use of excess property tax levy revenues for salary increase purposes imposed by § 4(3) of chapter 325, Laws of 1977, 1st Ex. Sess.  (the "levy lid act") also apply to revenues from levies authorized prior to the effective date of the act which either (a) have not yet been collected or (b) have been collected but were not yet disbursed or obligated for salary increase purposes, as of the effective date of the act.  (2) School districts may use other funds appropriated by §§ 96 through 109 of Chapter 339, Laws of 1977, 1st Ex. Sess. (the 1977-79 biennial appropriations act), or any non-state appropriated funds (such as receipts from the one percent tax on real estate transactions) which are legally available for the payment of salaries, to increase salaries of certificated or classified employees beyond the increases specifically funded by subsection (1) of § 96 of Chapter 339, supra .
AGO 1991 No. 30 >  October 11, 1991
IRRIGATION - DISTRICTS - PROPERTY - TAXATION - SERVICE OF PROCESS - ATTORNEYS - COSTS
Service required for foreclosure of irrigation district tax lien, sales price and redemption rights 1.   Service must provide notice reasonably calculated to inform interested parties of proceedings which may directly and adversely affect t heir legally protected interests.  Notice by publication and posting is adequate where the name and address of the owner are not known or cannot be discovered by a governmental entity with a minimal effort.  Whether any particular service is adequate is a factual question that cannot be resolved in an Attorney General's Opinion.   2.  An irrigation district cannot include reasonable attorney fees or statutory attorney fees in a certificate of delinquency or as part of the amount that must be paid to redeem the property.   3.   RCW 87.06.100(1) provides that an entity buying property at a foreclosure sale must pay the full amount of all property taxes and certain other taxes before receiving a deed from the irrigation district.  RCW 87.06.070 provides that the court shall specify the minimum sales price below which the property shall not be sold.  While there is no statutory requirement that the minimum sales price set by the court included the full amount of all property taxes and other taxes, the effect of these two statutes is that the district cannot provide a deed unless the taxes specified in the statute are paid.   4.  RCW 87.06.050 provides that any party in interest of property for which a certificate of delinquency has been prepared may redeem the property as provided by the statutes.  RCW 87.06.010(4) defines party in interest as an occupant of the property, the owner of record, and any other person having a financial interest of record in the property.
AGO 1964 No. 117 >  September 2, 1964
DISTRICTS - PUBLIC UTILITY - WITHDRAWAL AND USE OF UNAPPROPRIATED SURFACE WATERS - PERMIT FROM STATE SUPERVISOR OF WATER RESOURCES - COMMENCEMENT AND COMPLETION OF CONSTRUCTION SCHEDULE
DISTRICTS ‑- PUBLIC UTILITY ‑- WITHDRAWAL AND USE OF UNAPPROPRIATED SURFACE WATERS ‑- PERMIT FROM STATE SUPERVISOR OF WATER RESOURCES ‑- COMMENCEMENT AND COMPLETION OF CONSTRUCTION SCHEDULE (1) Before withdrawing and making use of unappropriated surface waters of the state of Washington for a public domestic water supply, a public utility district must obtain a permit from the state supervisor of water resources. (2) A public utility district is subject to the commencement and completion of construction schedule set forth in RCW 90.03.320.
AGO 1977 No. 21 >  November 9, 1977
DISTRICTS - DIKING - ELECTIONS - ELIGIBILITY OF CONTRACT PURCHASERS TO VOTE IN DIKING DISTRICT ELECTIONS
DISTRICTS ‑- DIKING ‑- ELECTIONS ‑- ELIGIBILITY OF CONTRACT PURCHASERS TO VOTE IN DIKING DISTRICT ELECTIONS A person holding a contract for the purchase of land situated within a diking district established pursuant to Chapter 85.05 RCW is thereby to be deemed an owner of land within such district for the purpose of determining his eligibility to vote in a diking district election in accordance with RCW 85.05.050.
AGO 1977 No. 23 >  December 9, 1977
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - CONTRACTS - PROBATIONARY PERIOD FOR PROVISIONAL SCHOOL EMPLOYEES
DISTRICTS ‑- SCHOOLS ‑- CERTIFICATED EMPLOYEES ‑- CONTRACTS ‑- PROBATIONARY PERIOD FOR PROVISIONAL SCHOOL EMPLOYEES The completion of a probationary period under RCW 28A.67.065 is not a pre‑condition to the nonrenewal of a provisional school district employee during his or her first year of employment under RCW 28A.67.072.
AGO 1986 No. 8 >  June 13, 1986
DISTRICTS - PUBLIC HOSPITALS - PUBLIC RATES
PERCENTAGE DISCOUNT ON RATES APPROVED BY STATE HOSPITAL COMMISSION A public hospital district, meeting the statutory requirements set out in RCW 70.39.140, may give a percentage discount on its public rates approved by the State Hospital Commission.
AGO 1991 No. 34 >  December 16, 1991
SCHOOLS - DISTRICTS - SCHOOL PROPERTY - SCHOOL FUNDS - CHILDREN - HEALTH - DONATIONS
Authority of school district to purchase real estate to eliminate a potential health risk to students 1.  A school district has the authority to purchase real estate not needed for immediate or future school purposes in order to eliminate a potential health risk and liability stemming from the property.  2.  In purchasing the property a district cannot pay more than the fair market value of the property, unless the district is receiving additional consideration, e.g., seller will provide something in addition to the title to the property such as demolishing structures on the property.  3.  A district may accept donations designated to pay the difference between the appraisal price of the property and the selling price.
AGO 1964 No. 122 >  September 22, 1964
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - HOSPITALIZATION AND MEDICAL INSURANCE FOR EMPLOYEES - AUTHORITY LIMITED TO GROUP POLICIES
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- HOSPITALIZATION AND MEDICAL INSURANCE FOR EMPLOYEES ‑- AUTHORITY LIMITED TO GROUP POLICIES RCW 41.04.180 authorizes a school district to contract for and make premium payments (either up to 50% or $5.00, whichever is less) toward the purchase of group disability insurance for its employees, but such authority does not authorize it to make payments under a "franchise plan."
AGO 1978 No. 5 >  March 2, 1978
DISTRICTS - FIRE PROTECTION - AMBULANCES - USE OF PAID FIREFIGHTERS TO ASSIST IN THE OPERATION OF PRIVATELY OWNED AMBULANCES
DISTRICTS ‑- FIRE PROTECTION ‑- AMBULANCES ‑- USE OF PAID FIREFIGHTERS TO ASSIST IN THE OPERATION OF PRIVATELY OWNED AMBULANCES A fire protection district does not have the legal authority, under existing statutes, to maintain and provide a paid firefighter who has first aid training, to ride with a privately owned ambulance in order to enable the ambulance operator to comply with RCW 18.73.150.
AGO 1987 No. 1 >  January 6, 1987
DISTRICTS - SCHOOLS - CHILD CARE PROGRAMS
AUTHORITY OF SCHOOL DISTRICTS TO PROVIDE CHILD CARE SERVICES School districts have the authority to provide programs that offer care for children, including children not enrolled as students of the school district. The facilities of the school district may be used to provide these programs. School district funds may be used for the operation of the child care programs and for the construction or remodeling of facilities to house such programs. School districts may not contract with private or other public agencies to provide child care services, either in district facilities or elsewhere, without express statutory authority. The school districts are authorized to charge fees for child care services but, if they charge fees, they may not waive some or all of the fees otherwise chargeable based upon such factors as the income of the parents. The districts are not authorized to furnish transportation to children in child care programs established by the district unless authorized by a specific statute.
AGO 1964 No. 130 >  December 12, 1964
DISTRICTS - SCHOOLS - SHARED-TIME PROGRAM - PART-TIME ATTENDANCE OF STUDENTS IN THE PUBLIC SCHOOLS WHO ARE ALSO ENROLLED IN A PRIVATE OR PAROCHIAL SCHOOL - AUTHORITY OF BOARD OF DIRECTORS - ATTENDANCE CREDIT
DISTRICTS ‑- SCHOOLS ‑- SHARED-TIME PROGRAM ‑- PART-TIME ATTENDANCE OF STUDENTS IN THE PUBLIC SCHOOLS WHO ARE ALSO ENROLLED IN A PRIVATE OR PAROCHIAL SCHOOL ‑- AUTHORITY OF BOARD OF DIRECTORS ‑- ATTEN (1) The board of directors of a school district has the authority but is not required to permit students enrolled in a private or parochial school to attend the schools of the district on a part-time basis; however, in determining the constitutionality of a particular shared-time program, each case must be determined by its own facts.  See, Perry v. School Dist. No. 81 , 54 Wn. (2d) 886, 344 P. (2d) 1036 (1959). (2) The district may not claim or use such attendance in computing its average daily attendance pursuant to chapter 28.41 RCW, unless such student attends for a school day as defined by RCW 28.01.010.
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 1964 No. 131 >  December 21, 1964
DISTRICTS - SCHOOL - DIRECTORS - TERM OF OFFICE - REORGANIZATION OF DIRECTOR DISTRICTS
DISTRICTS ‑- SCHOOL ‑- DIRECTORS ‑- TERM OF OFFICE ‑- REORGANIZATION OF DIRECTOR DISTRICTS When the boundaries of director districts within a second class school district are rearranged as provided in RCW 28.57.050 (7), and as a consequence two school district directors now reside in a single director district (as newly defined) and none resides in an adjoining director district (as newly defined) the next director to be elected as provided by law must be a resident of the director district from which the director whose term had expired was nominated.
AGO 1978 No. 10 >  April 17, 1978
DISTRICTS - SCHOOLS - PROPERTY - LEASE OF SURPLUS SCHOOL DISTRICT PROPERTY
DISTRICTS ‑- SCHOOLS ‑- PROPERTY ‑- LEASE OF SURPLUS SCHOOL DISTRICT PROPERTY (1) Subject to the qualifications stated below, a school district may lease its surplus facilities, under RCW 28A.58.040, to private schools, profit or nonprofit organizations or other governmental agencies so long as the leasing thereof will not interfere with the building's use for school purposes and the tenancy to be granted will not place the facility beyond the control of the district in the event it again becomes necessary for school purposes.  (2) In all such cases some rental, either in money or something of equivalent value, must be paid; and with the exception of a rental to another governmental agency, that rent must be such as will (a) fully compensate the school district for its costs and expenses and (b) encompass the fair rental market value of the rented premises.  (3) If the lease is either to a church-related school or to a private group for the conduct of religious worship or instruction, the property being rented must be sufficiently remote from other property being retained for school purposes to avoid the appearance of an endorsement of the religious activities of the lessee and also prevent any sectarian influence of the remaining public school operations.  In addition, a procedure, preferably involving competitive bidding, must be utilized in the formation of the lease which will assure that all prospective tenants, religious or otherwise, have an equal opportunity to rent the property.
AGO 1965 No. 1 >  January 6, 1965
DISTRICTS - SCHOOLS - CONTRACTS - GROUP MEDICAL INSURANCE PLAN OR HEALTH CARE PLAN FOR EMPLOYEES - AUTHORITY - NUMBER OF CONTRACTS - DESIGNATION OF SPECIFIC EMPLOYEES TO BE COVERED BY PARTICULAR POLICY
DISTRICTS ‑- SCHOOLS ‑- CONTRACTS ‑- GROUP MEDICAL INSURANCE PLAN OR HEALTH CARE PLAN FOR EMPLOYEES ‑- AUTHORITY ‑- NUMBER OF CONTRACTS ‑- DESIGNATION OF SPECIFIC EMPLOYEES TO BE COVERED BY... (1) A school district pursuant to chapter 75, Laws of 1963 (RCW 41.04.180-41.04.190), may contract with more than one insurance carrier or health service contractor and allow each employee to choose the plan he or she desires, as long as each plan meets all of the requirements of chapter 75, Laws of 1963. (2) A school district pursuant to chapter 75, Laws of 1963, may designate specific categories of its employees to be covered by a group policy or contract to the exclusion of other categories of employees. (3) A school district which has designated specific categories of employees to be covered by a group policy or contract to the exclusion of other categories of employees is not required to make provision for like benefits for such excluded categories of employees by entering into similar contracts for such employees if the categories established by the district are not arbitrary, capricious or invidiously discriminatory. (4) If existing employees' term contracts do not provide in any manner for such insurance, the school district may not provide such benefits during the term of such contracts since under RCW 41.04.190 such benefits constitute additional compensation and under Article II, § 25, Amendment 35, extra compensation may not be granted to any employee after the contract of employment has been entered into.
AGO 1965 No. 5 >  January 19, 1965
DISTRICTS - SCHOOLS - SECOND CLASS - CONSTRUCTION OF SCHOOL - EXPENDITURE OF FUNDS RECEIVED UNDER P.L. 815 OR CHAPTER 54.36 RCW
DISTRICTS ‑- SCHOOLS ‑- SECOND CLASS ‑- CONSTRUCTION OF SCHOOL ‑- EXPENDITURE OF FUNDS RECEIVED UNDER P.L. 815 OR CHAPTER 54.36 RCW The voters in a second class school district must authorize the construction of any school but need not approve the financing thereof where the cost is to be paid from funds received under Public Law 815 or chapter 54.36 RCW.
AGO 1965 No. 6 >  January 25, 1965
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - FIRST CLASS DISTRICT - SUPERINTENDENT MAY SERVE AS SECRETARY OF BOARD
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- FIRST CLASS DISTRICT ‑- SUPERINTENDENT MAY SERVE AS SECRETARY OF BOARD The board of directors of a first class school district may elect as its secretary under RCW 28.62.030 the same individual employed under RCW 28.62.180 (1) as superintendent of schools.
AGO 1965 No. 13 >  March 15, 1965
DISTRICTS - PORT - ACQUISITION OF FERRIES - REVENUE BONDS - AUTHORITY TO LEASE FERRIES TO WASHINGTON TOLL BRIDGE AUTHORITY; AUTHORITY OF STATE AGENCY
DISTRICTS ‑- PORT ‑- ACQUISITION OF FERRIES ‑- REVENUE BONDS ‑- AUTHORITY TO LEASE FERRIES TO WASHINGTON TOLL BRIDGE AUTHORITY; AUTHORITY OF STATE AGENCY A port district and the Washington Toll Bridge Authority have the statutory authority to enter into an agreement for the acquisition of ferries whereby the port district will (1) purchase the ferries and lease them to the Washington Toll Bridge Authority; and (2) issue revenue bonds to finance the purchase, payable solely out of the rental received from leasing the ferries.
AGO 1965 No. 17 >  April 15, 1965
DISTRICTS - SCHOOLS - CONTRACT - INSURANCE - FIRE, THEFT AND LIABILITY
DISTRICTS ‑- SCHOOLS ‑- CONTRACT ‑- INSURANCE ‑- FIRE, THEFT AND LIABILITY A school district, through its board of directors, may legally contract for fire, theft and liability insurance covering a period of years, the premiums of which are payable in annual installments over the life of the contract.
AGO 1965 No. 21 >  June 7, 1965
DISTRICTS - SCHOOLS - NONCERTIFICATED EMPLOYEES - STATE RETIREMENT SYSTEM - RETROACTIVE EMPLOYERS' CONTRIBUTIONS FOR PRIOR SERVICE
DISTRICTS ‑- SCHOOLS ‑- NONCERTIFICATED EMPLOYEES ‑- STATE RETIREMENT SYSTEM ‑- RETROACTIVE EMPLOYERS' CONTRIBUTIONS FOR PRIOR SERVICE School districts coming into the state employees' retirement system under the provisions of § 1, chapter 84, Laws of 1965 (RCW 41.40.410), will be required to make an employers' contribution to the retirement system fund for past services rendered by their eligible noncertificated employees since April 1, 1949.  However, this financial obligation may be spread over a fifteen-year period from the date of the employers' admission to the retirement system.
AGO 1965 No. 22 >  June 8, 1965
DISTRICTS - SCHOOLS - CERTIFICATED AND NONCERTIFICATED EMPLOYEES - SALARY - STATE APPROPRIATION FOR INCREASES
DISTRICTS - SCHOOLS ‑- CERTIFICATED AND NONCERTIFICATED EMPLOYEES ‑- SALARY ‑- STATE APPROPRIATION FOR INCREASES (1) School districts are required to grant salary increases in the percentages specified in § 1, chapter 169, Laws of 1965, Ex. Sess., "subject to the availability of funds for all district functions." (2) Same: The prescribed percentage increases are to be determined on the basis of the average salary in the individual districts. (3) Same: The percentage increase need not be granted to each employee of the district but the "average" salary increase must be in the percentage specified "subject to the availability of funds for all district functions." (4) The basis for computing the percentage increase for the 1966-67 school year is the average salary paid in the district in the 1964-65 school year.
AGO 1978 No. 13 >  May 1, 1978
CITIES AND TOWNS - DISTRICTS - PUBLIC UTILITY DISTRICTS - CONSERVATION - CONTRACTS - SALES OF CONSERVATION MATERIALS TO PUBLIC UTILITY CONSUMERS
CITIES AND TOWNS ‑- DISTRICTS ‑- PUBLIC UTILITY DISTRICTS ‑- CONSERVATION ‑- CONTRACTS ‑- SALES OF CONSERVATION MATERIALS TO PUBLIC UTILITY CONSUMERS (1) The provisions of Article VIII, § 7 of the Washington Constitution prohibit a city or public utility district from assisting its utility customers, generally, in the purchase of such conservation materials as insulation or storm windows from private suppliers by providing to the seller a guarantee of payment of part or all of the agreed upon purchase price for the conservation materials involved.  (2) The same provisions of Article VIII, § 7 of the Washington Constitution, however, do not prohibit a city or public utility district from itself purchasing and then later selling such conservation materials to its customers, generally, by means of installment contracts under which payment of the purchase price, plus a service charge, would be made by the purchasers on a periodic basis over a specified period of time.
AGO 1978 No. 14 >  May 3, 1978
DISTRICTS - PORT - PUBLIC WORKS PROJECTS - CONTRACTS - APPLICABILITY OF CHAPTER 39.04 RCW TO PUBLIC PORT DISTRICTS
DISTRICTS ‑- PORT ‑- PUBLIC WORKS PROJECTS ‑- CONTRACTS ‑- APPLICABILITY OF CHAPTER 39.04 RCW TO PUBLIC PORT DISTRICTS The provisions of chapter 39.04 RCW, relating to public works projects by the state and certain municipalities, are applicable to public port districts organized pursuant to Title 53 RCW.
AGO 1965 No. 36 >  September 3, 1965
DISTRICTS - DRAINAGE - COMMISSIONS - ANNUAL MAINTENANCE ASSESSMENTS - LEVY - DETERMINATION OF AMOUNT
DISTRICTS ‑- DRAINAGE ‑- COMMISSIONS ‑- ANNUAL MAINTENANCE ASSESSMENTS ‑- LEVY ‑- DETERMINATION OF AMOUNT 1. It is the responsibility of the board of commissioners of a drainage district operating pursuant to chapter 85.06 RCW to designate the amount of the assessment to be levied against each parcel of land within the district according to present ownership. 2. If a redetermination of benefits has not been accomplished pursuant to RCW 85.06.130, or an alternative statutory means of providing funds for drainage facility maintenance has not been adopted, maintenance assessments designated by the drainage district commissioners shall be computed on the basis of the benefits in each case as determined by the superior court jury pursuant to RCW 85.06.120. 3. Assuming that the original superior court determination of benefits under RCW 85.06.120 continues as an accurate reflection of the benefits derived from the drainage district system despite changes in size of ownership and land use, and that no alternative means of acquiring maintenance funds has been adopted, the district board of commissioners in computing maintenance assessments "in proportion to the maximum benefits assessed" as required by RCW 85.05.270 should apportion the individual assessments on the basis of the ratio that the area of each present individual ownership bears to the total acreage of the originally considered parcel.
AGO 1965 No. 37 >  September 8, 1965
DISTRICTS - IRRIGATION - ANNUAL PAYMENTS TO WASHINGTON STATE RECLAMATION ASSOCIATION
DISTRICTS ‑- IRRIGATION ‑- ANNUAL PAYMENTS TO WASHINGTON STATE RECLAMATION ASSOCIATION Irrigation districts do not have any authority to make annual payments to the Washington State Reclamation Association to assist the association in carrying out the purposes for which it was organized.
AGO 1978 No. 19 >  May 25, 1978
DISTRICTS - SCHOOL - EMPLOYEES - APPROPRIATION FOR SCHOOL DISTRICT AVERAGE COMPENSATION INCREASES
DISTRICTS ‑- SCHOOL ‑- EMPLOYEES ‑- APPROPRIATION FOR SCHOOL DISTRICT AVERAGE COMPENSATION INCREASES (1) For the purposes of § 96(1), chapter 339, Laws of 1977, 1st Ex Sess., a school district's average compensation level for the 1976-77 school year is to be computed on the basis of the compensation which was actually provided by the district to its employees during that school year.  (2) In determining the extent of funding to which a given school district is entitled under either subparagraph (a) or (b) of § 96(1), chapter 339, Laws of 1977, 1st Ex Sess., the district's actual average compensation level for the 1977-78 school year is not required to be taken into account.
AGO 1987 No. 3 >  January 15, 1987
DISTRICTS - WATER
AUTHORITY TO FLUORIDATE WATER Water districts do not have authority to fluoridate water by state statute.  Assuming water district commissioners obtain authority to fluoridate by county, city or town ordinance, fluoridation for the water districts' users would be proper even if it incidentally resulted in delivery of fluoridated water outside the district.
AGO 1965 No. 40 >  September 20, 1965
DISTRICTS - IRRIGATION - AUDITING OFFICER - CLAIMS - AUTHENTICATION AND CERTIFICATION
DISTRICTS ‑- IRRIGATION ‑- AUDITING OFFICER ‑- CLAIMS ‑- AUTHENTICATION AND CERTIFICATION (1) Chapter 116, Laws of 1965, which provides for the authentication and certification of claims by the auditing officer of a municipality, supersedes the provisions of RCW 87.03.440, applicable to irrigation districts which would otherwise require verification of the claim on vouchers submitted by the claimant. (2) Same:  The authentication and certification of claims, under chapter 116, Laws of 1965, must be made by a designated auditing officer and may not be performed instead by the board of directors of the irrigation district.
AGO 1978 No. 21 >  June 14, 1978
DISTRICTS - SCHOOLS - CONTRACTS - SUPPLIES AND MATERIALS - UTILIZATION OF JOINT PURCHASING AGENCY FOR THE ACQUISITION OF SCHOOL SUPPLIES AND MATERIALS
DISTRICTS ‑- SCHOOLS ‑- CONTRACTS ‑- SUPPLIES AND MATERIALS ‑- UTILIZATION OF JOINT PURCHASING AGENCY FOR THE ACQUISITION OF SCHOOL SUPPLIES AND MATERIALS (1) Where the boards of directors of two or more public school districts have formed a joint purchasing agency, as authorized by RCW 28A.58.107(3), and that joint purchasing agency itself complies with the bidding requirements of RCW 28A.58.135 in so doing, the agency may then acquire and maintain an inventory of supplies from which the participating school districts may draw without also individually calling for bids as provided for in RCW 28A.58.135.   (2) A joint purchasing agency formed pursuant to RCW 28A.58.107(3) may also act as a purchasing agent for private schools within its general geographic area.   (3) Although a public school district may, alternatively, use the services of a purchasing agent which was not created pursuant to RCW 28A.58.107(3) to acquire supplies and materials, in that event either the district or its agent must comply with the bidding requirements of RCW 28A.58.135.
AGO 1965 No. 41 >  September 27, 1965
DISTRICTS - HOSPITALS - FIRE - AUTHORITY TO PROVIDE AMBULANCE SERVICE
DISTRICTS ‑- HOSPITALS ‑- FIRE ‑- AUTHORITY TO PROVIDE AMBULANCE SERVICE A hospital district or a fire protection district has the authority to expend public funds to provide ambulance service.
AGO 1965 No. 41 >  September 27, 1965
DISTRICTS - HOSPITALS - FIRE - AUTHORITY TO PROVIDE AMBULANCE SERVICE
DISTRICTS ‑- HOSPITALS ‑- FIRE ‑- AUTHORITY TO PROVIDE AMBULANCE SERVICE(1) A hospital district or a fire protection district has the authority to expend public funds to provide ambulance service.
AGO 1965 No. 42 >  September 28, 1965
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEE - EMPLOYEE ORGANIZATION - REPRESENTATION
DISTRICTS ‑- SCHOOLS ‑- CERTIFICATED EMPLOYEE ‑- EMPLOYEE ORGANIZATION ‑- REPRESENTATION (1) The employee organization which receives a majority vote of the certificated employees in a representation election under § 3, chapter 143, Laws of 1965, is the only employee organization having the right to represent the certificated employees before the board of directors of the district. (2) Same:  Separate employee organizations may not obtain the right under § 3, chapter 143, Laws of 1965, to represent various classes of certificated employees of a school district. (3) Same:  Separate employee organizations may not obtain entitled to represent the certificated employees of a school district under § 3, chapter 143, Laws of 1965, the organization must have a membership open to all classes of certificated employees of a school district with the exception of the chief administrative officer of the district.
AGO 1965 No. 48 >  October 19, 1965
DISTRICTS - DIKING - AUTHORITY - ACQUISITION OF LAND ETC. OUTSIDE BOUNDARIES
DISTRICTS ‑- DIKING ‑- AUTHORITY ‑- ACQUISITION OF LAND ETC. OUTSIDE BOUNDARIES 1. A diking district may improve a portion of the channel of a stream located outside its boundaries. 2. A diking district is authorized to operate a pumping plant which would evacuate waters from district lands into a river bordering the district. 3. A diking district may construct and operate a floodwater retarding structure located outside its boundaries.
AGO 1965 No. 53 >  November 23, 1965
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - FEDERAL MIGRANT DAY CARE AND EDUCATION PROGRAM - CONSULTANT - EMPLOYMENT OF SCHOOL DIRECTORS
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- FEDERAL MIGRANT DAY CARE AND EDUCATION PROGRAM ‑- CONSULTANT ‑- EMPLOYMENT OF SCHOOL DIRECTORS A member of the board of directors of a school district may be employed as a consultant in a federal migrant day care and education program conducted in his district where the position of "consultant" is under the exclusive control of an independent advisory committee over which the local school board exercises no control either as to employment, removal, or compensation.
AGO 1965 No. 55 >  December 9, 1965
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - VOLUNTARY STUDENT TRANSFER POLICY TO ALLEVIATE EXISTING RACIAL IMBALANCE - CONSTITUTIONALITY OF POLICY - STATE REIMBURSEMENT FOR TRANSPORTATION OF STUDENTS
DISTRICTS - SCHOOLS ‑- BOARD OF DIRECTORS ‑- VOLUNTARY STUDENT TRANSFER POLICY TO ALLEVIATE EXISTING RACIAL IMBALANCE ‑- CONSTITUTIONALITY OF POLICY ‑- STATE REIMBURSEMENT FOR TRANSPORTATION OF… (1) The voluntary student transfer program which has been initiated by the Seattle School District No. 1 to alleviate existing racial imbalance in certain of its school facilities is constitutionally defensible. (2) Same :  A school district operating a voluntary student transfer program designed to alleviate existing racial imbalance in certain of its school facilities may obtain reimbursement from the state in accordance with state law for costs incurred in providing transportation to transfer students upon approval by the state superintendent of public instruction of the particular transportation plan even though it does not provide similar transportation to its general student population.
AGO 1965 No. 60 >  December 20, 1965
DISTRICTS - SCHOOLS - BOARD OF DIRECTORS - SPECIAL EXCESS TAX LEVY - AUTHORITY OF DIRECTOR TO REDUCE OR RESCIND AFTER APPROVAL BY VOTERS
DISTRICTS ‑- SCHOOLS ‑- BOARD OF DIRECTORS ‑- SPECIAL EXCESS TAX LEVY ‑- AUTHORITY OF DIRECTOR TO REDUCE OR RESCIND AFTER APPROVAL BY VOTERS Where the board of directors of a school district determines that the purposes for which a special excess tax levy was passed by the people are unattainable or that only one of the objectives for which the levy was passed is attainable, the board may by a properly adopted resolution, presented to the board of county commissioners, reduce or rescind the levy.
AGO 1965 No. 62 >  December 22, 1965
DISTRICTS - DRAINAGE - MAINTENANCE OF SYSTEM OF DITCHES TO CARRY OFF SURFACE WATERS - CONTRACT BETWEEN DISTRICT AND INCORPORATED TOWN
DISTRICTS ‑- DRAINAGE ‑- MAINTENANCE OF SYSTEM OF DITCHES TO CARRY OFF SURFACE WATERS ‑- CONTRACT BETWEEN DISTRICT AND INCORPORATED TOWN A drainage district organized under chapter 85.06 RCW and an incorporated town are authorized to enter into a contract whereby the town will provide financial assistance to the district for maintenance of the district's system of ditches used in part as a carrier of surface waters originating within the territorial limits of the town provided the services to be rendered to the town are within the contemplation of RCW 35.27.370.
AGO 1992 No. 12 >  June 29, 1992
SECRETARY OF STATE - ELECTIONS - DISTRICTS - BOUNDARIES - LEGISLATORS - REDISTRICTING
Boundaries for Election for Unexpired Term of Newly Redistricted Legislative District When the boundaries of a legislative district for the Office of State Senate have been changed by redistricting, a special election for the remainder of the existing senate term should be conducted in the newly redistricted senate district.  Candidates for that election must be residents of the new district as required by RCW 42.04.020.
AGO 1966 No. 73 >  February 28, 1966
DISTRICTS - PORT - BOARD OF COMMISSIONERS - PER DIEM COMPENSATION - NEWLY FORMED DISTRICT
DISTRICTS ‑- PORT ‑- BOARD OF COMMISSIONERS ‑- PER DIEM COMPENSATION ‑- NEWLY FORMED DISTRICT The elected commissioners of a newly formed port district may not receive per diem compensation at any time during their initial terms of office under the provisions of RCW 53.12.250, Article II, § 25, Amendment 35 and Article XI, § 8, Washington State Constitution.
AGO 1966 No. 75 >  March 1, 1966
DISTRICTS - FLOOD CONTROL - ELECTIONS - QUALIFICATIONS OF ELECTORS - PERSONS HOLDING TITLE OR EVIDENCE OF TITLE - COMMUNITY PROPERTY - CONTRACTOR VENDOR
DISTRICTS ‑- FLOOD CONTROL ‑- ELECTIONS ‑- QUALIFICATIONS OF ELECTORS ‑- PERSONS HOLDING TITLE OR EVIDENCE OF TITLE ‑- COMMUNITY PROPERTY ‑- CONTRACTOR VENDOR ‑- PURCHASER (1) A husband and wife, holding title or evidence of title to more than ten acres of benefited lands within a flood control district as community property, are entitled to one additional vote for each additional ten acres or major fraction thereof held. (2) A vendor is entitled to vote in a district election where benefited property in a flood control district is the subject of an ordinary real estate contract. (3) A purchaser is entitled to vote in a district election where benefited property in a flood control district is the subject of an ordinary real estate contract.
AGO 1966 No. 77 >  March 8, 1966
DISTRICTS - SCHOOLS - STATE FINANCIAL SUPPORT - ACCELERATION OF APPORTIONABLE FUNDS - CONDITIONS - EMERGENCY - AUTHORITY OF STATE SUPERINTENDENT
DISTRICTS ‑- SCHOOLS ‑- STATE FINANCIAL SUPPORT ‑- ACCELERATION OF APPORTIONABLE FUNDS ‑- CONDITIONS ‑- EMERGENCY ‑- AUTHORITY OF STATE SUPERINTENDENT Under § 1, chapter 162, Laws of 1965, Ex. Sess., the legislature has vested the state superintendent of public instruction with the discretionary authority to accelerate, upon petition of a school district, the distribution to it of appropriated state funds not to exceed five percent of the total amount to become due and apportionable to the petitioning district during its fiscal year, if he finds:  (1) The emergency situation described in the petition of the district warrants such an advance distribution; and (2) funds are available with which to make the advance distribution.
AGO 1966 No. 80 >  April 4, 1966
DISTRICTS - FIRE - TRANSFER OF TERRITORY - PETITION - SIGNATURES REQUIRED
DISTRICTS ‑- FIRE ‑- TRANSFER OF TERRITORY ‑- PETITION ‑- SIGNATURES REQUIRED A transfer of territory from one fire district to another under RCW 52.24.090 may be accomplished without an election if three‑fifths of all the qualified electors in the area to be transferred sign the petition to transfer and merge the territory as provided in RCW 52.24.100.
AGO 1995 No. 3 >  March 23, 1995
SCHOOLS - DISTRICTS - STUDENTS - RELIGION - USE OF SCHOOL DISTRICTS' FACILITIES BY STUDENT GROUPS FOR RELIGIOUS PURPOSES
SCHOOLS - DISTRICTS - STUDENTS - RELIGION - USE OF SCHOOL DISTRICTS' FACILITIES BY STUDENT GROUPS FOR RELIGIOUS PURPOSES 1.  The state constitution does not prohibit schools from adopting a "limited open forum" policy for student organizations making use of school districts' facilities, even where federal law requires that equal access be granted to student groups for religious purposes, so long as it is clear that the school district maintains a neutral position on religious matters.  2. A school district may recognize student groups engaged in religious activity and grant such groups access to school time and space on the same basis offered to other student organizations, so long as the district grants equal access to all points of view and neither endorses nor opposes the activities of any particular group.
AGO 1966 No. 84 >  April 27, 1966
DISTRICTS - SCHOOLS - BUILDINGS - CONDITIONAL USE PERMITS - BUILDING PERMITS - FEES - REQUIREMENTS FOR STATE FINANCIAL ASSISTANCE
DISTRICTS ‑- SCHOOLS ‑- BUILDINGS ‑- CONDITIONAL USE PERMITS ‑- BUILDING PERMITS ‑- FEES ‑- REQUIREMENTS FOR STATE FINANCIAL ASSISTANCE 1. A school district does not have to obtain a conditional use permit in order to construct a school building on a particular site in an unincorporated area of a county which has adopted the provisions of the planning enabling act (chapter 36.70 RCW) except where the district desires to qualify for state financial assistance in construction of said building. 2. A school district does not have to obtain a building permit in order to construct a school building on a particular site in an unincorporated area of a county except where the district desires to qualify for state financial assistance in construction of said building.  3. When a school district for any reason applies to the county for a conditional use permit or a building permit it must pay the fees otherwise chargeable to other applicants.
AGO 1966 No. 86 >  May 17, 1966
DISTRICTS - SCHOOLS - NONCERTIFICATED EMPLOYEES - UNEMPLOYMENT COMPENSATION - HEALTH REGULATIONS - SICK LEAVE BENEFITS - PART-TIME EMPLOYEES
DISTRICTS ‑- SCHOOLS ‑- NONCERTIFICATED EMPLOYEES ‑- UNEMPLOYMENT COMPENSATION ‑- HEALTH REGULATIONS ‑- SICK LEAVE BENEFITS ‑- PART-TIME EMPLOYEES (1) A part-time employee of a school district for the purposes of sick leave benefits provided by RCW 28.58.100 (15) (b) is one who is not under contract with the district for a full year.  AGO 63-64 No. 98. (2) The provisions of WAC 248-100-170 do not apply to employees of an independent contractor employed by a school district.  However, the board of directors, in the exercise of its discretion, may make compliance with the health regulations a condition precedent to the execution of a contract. (3) A school district is expressly authorized by RCW 50.04.200 to make payments to the unemployment compensation fund, the same as employers otherwise covered by the act. (4) School employees hired subsequent to the effective date of the 1963 amendment to RCW 28.58.100 (15) are entitled as a matter of right to the minimum benefits set forth in subsections (a) through (h) of RCW 28.58.100.  If these benefits were not granted to such school employees a claim may be made therefor.
AGO 1966 No. 87 >  June 8, 1966
DISTRICTS - PUBLIC UTILITY - COEXTENSIVE WITH COUNTY - COMMISSIONER DISTRICTS - BOUNDARIES - CHANGE AUTOMATIC WITH ALTERATION OF COUNTY COMMISSIONER DISTRICT BOUNDARIES
DISTRICTS ‑- PUBLIC UTILITY ‑- COEXTENSIVE WITH COUNTY ‑- COMMISSIONER DISTRICTS ‑- BOUNDARIES ‑- CHANGE AUTOMATIC WITH ALTERATION OF COUNTY COMMISSIONER DISTRICT BOUNDARIES In a public utility district which is coextensive with the county in which it is located, public utility commissioner districts are automatically affected by a change made in county commissioner district boundaries by the board of county commissioners.
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 1966 No. 94 >  July 15, 1966
DISTRICTS - FLOOD CONTROL - NONAPPLICABILITY OF CONSTITUTIONAL DEBT LIMITATIONS GOVERNING MUNICIPAL CORPORATIONS
DISTRICTS ‑- FLOOD CONTROL ‑- NONAPPLICABILITY OF CONSTITUTIONAL DEBT LIMITATIONS GOVERNING MUNICIPAL CORPORATIONS A flood control district organized pursuant to chapter 86.09 RCW is not subject to the debt limitation provisions of Article VIII, § 6, of the Washington state constitution for the reason that it is not a "municipal corporation" within the meaning thereof.  Accord:  Board of Directors v. Peterson , 4 Wash. 147, 29 Pac. 995 (1892).
AGO 1966 No. 102 >  August 9, 1966
DISTRICTS - SCHOOLS - EXPENDITURE OF PUBLIC FUNDS - PUBLICATION - INFORMATIONAL BULLETINS FOR DISTRIBUTION TO GENERAL PUBLIC - DISTRIBUTION TO PARENTS OF CHILDREN ATTENDING SCHOOLS ONLY
DISTRICTS ‑- SCHOOLS ‑- EXPENDITURE OF PUBLIC FUNDS ‑- PUBLICATION ‑- INFORMATIONAL BULLETINS FOR DISTRIBUTION TO GENERAL PUBLIC ‑- DISTRIBUTION TO PARENTS OF CHILDREN ATTENDING SCHOOLS ONLY (1) A school district has not been authorized by the legislature either expressly or by implication to expend district funds or utilize its school facilities or employees for printing and mailing a bulletin, the purpose of which is to influence a favorable result in a school election. (2) A school district does not have express or implied statutory authority to expend its funds or utilize its facilities or employees for printing and mailing a bulletin, the purpose of which is to provide general information to the inhabitants of the district or the general public (and not merely the students and/or parents) about the district's public schools and school programs.  However, the district may by letter, mimeographed or printed bulletin publish and disseminate such information of a general or special interest to students and to parents of children attending or about to attend school in the district (as distinguished from a publication designed to influence a particular vote at an election).
AGO 1966 No. 106 >  September 27, 1966
DISTRICTS - SCHOOLS - BOUNDARIES - EFFECT OF CITY EXTENDING ITS CORPORATE LIMITS - COUNTY COMMITTEE ON SCHOOL ORGANIZATION - RIGHTS OF SCHOOL DISTRICT RESIDENTS IN AREA ANNEXED TO FIRST CLASS CITY
DISTRICTS - SCHOOLS ‑- BOUNDARIES ‑- EFFECT OF CITY EXTENDING ITS CORPORATE LIMITS ‑- COUNTY COMMITTEE ON SCHOOL ORGANIZATION ‑- RIGHTS OF SCHOOL DISTRICT RESIDENTS IN AREA ANNEXED TO FIRST CLASS CIT (1) When a city of the first class which is presently contained within a single first class school district extends its territorial boundaries by annexing unincorporated territory outside its corporate limits‑-which territory is part of a second class school district operating elementary schools on several sites, a junior high school and a senior high school‑-it is not mandatory, under RCW 28.57.150, that the territory of the second class district be annexed to the city school district. (2) Same :  Under the facts set forth in (1), the county committee on school district organization may not, in the exercise of its discretion under RCW 28.57.150, annex the territory to the school district containing the city‑-such discretion having been removed by amendment during the 1965 legislature. See, § 1, chapter 108, Laws of 1965, Ex. Sess. (3) Same :  Under the facts set forth in (1), the residents of the territory annexed to the first class city may not require the territory to be annexed to the school district containing the city.
AGO 1966 No. 113 >  October 13, 1966
DISTRICTS - SCHOOLS - FEES - TUITION - SUPPLIES
AUTHORITY OF SCHOOL DISTRICT TO CHARGE TUITION FEES OR TEXTBOOK FEES (1) A school district may not charge either a general tuition fee, or a special tuition fee for certain courses, for attendance at its elementary or secondary schools except as permitted by RCW 28.58.240, in the case of students who are not residents of the district.(2) Any class of school district may provide free textbooks and supplies to its students; a first class school district must do so when directed by the electors under RCW 28.62.180 (10); where a district does not provide free textbooks and supplies, it may require that these materials be purchased by, or for, the students at bookstores or other commercial retail outlets; however, the district cannot require students to purchase textbooks and materials from the district.(3) A school district which loans free textbooks and supplies to its students may charge a reasonable deposit fee to cover possible damage.
AGO 1992 No. 19 >  August 28, 1992
IRRIGATION - DISTRICTS - ELECTIONS - PROPERTY
Eligibility of Property Owners to Vote for Directors of Irrigation District of Less Than 200,000 Acres RCW 87.03.051 governs voter eligibility in irrigation districts of less than 200,000 acres.  Any property holder in the district whose land is subject to assessment for any reason is entitled to vote in district elections, even if the property is not currently being assessed for irrigation district purposes.
AGO 1966 No. 114 >  October 17, 1966
MUNICIPAL CORPORATIONS - CITIES AND TOWNS - DISTRICTS - WEED - DUTY OF CITY CONTIGUOUS TO WEED DISTRICT TO CONTROL WEEDS ON PRIVATE PROPERTY - EXPENDITURE OF PUBLIC FUNDS
MUNICIPAL CORPORATIONS ‑- CITIES AND TOWNS ‑- DISTRICTS ‑- WEED ‑- DUTY OF CITY CONTIGUOUS TO WEED DISTRICT TO CONTROL WEEDS ON PRIVATE PROPERTY ‑- EXPENDITURE OF PUBLIC FUNDS (1) A city which is contiguous to a weed district is required by RCW 17.04.160 to provide for the destruction, prevention and extermination of species of weeds designated for control by the weed district pursuant to RCW 17.04.030 on private as well as public property located in such city. (2) A city is authorized to expend public funds to carry out the duty imposed by RCW 17.04.160.
AGO 1966 No. 123 >  December 22, 1966
DISTRICTS - SCHOOLS - CONTRACTS - EXECUTION OF A CONDITIONAL SALES CONTRACT WITHOUT APPROVAL OF VOTERS
DISTRICTS ‑- SCHOOLS ‑- CONTRACTS ‑- EXECUTION OF A CONDITIONAL SALES CONTRACT WITHOUT APPROVAL OF VOTERS A school district may enter into a conditional sales contract, pursuant to chapter 62, Laws of 1965 (RCW 28.58.550), without approval of the voters of the district so long as the contract price, added to existing debt within that class of debt which, under Article VIII, § 6, and RCW 39.36.020, may be incurred without voter approval does not exceed one and one‑half percent of the assessed value of the taxable property in the district.
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 1967 No. 17 >  May 8, 1967
COLLEGES - COMMUNITY - DISTRICTS - TRUSTEES - MEMBER OF LOCAL SCHOOL DISTRICT BOARD
COLLEGES - COMMUNITY - DISTRICTS - TRUSTEES - MEMBER OF LOCAL SCHOOL DISTRICT BOARD A member of a local school district board of directors may be nominated for the position of community college district trustee under the community college act of 1967, chapter 8, Laws of 1967, Ex. Sess.; however, if he is appointed to the board of trustees of a community college district he can no longer thereafter serve as a school director.
AGO 1967 No. 19 >  June 6, 1967
DISTRICTS - WATER - DEBT LIMITATION
DISTRICTS - WATER - DEBT LIMITATION The debt limitation of a water district is to be calculated on the basis of the actual value of the taxable property located therein, and not upon the basis of the assessed valuation of such property.
AGO 1967 No. 24 >  June 27, 1967
DISTRICTS - SCHOOLS - EMPLOYEES - LEAVE OF ABSENCE
DISTRICTS - SCHOOLS - EMPLOYEES - LEAVE OF ABSENCE (1) Under the provisions of RCW 28.58.100 (15), a school district employee does not accumulate sick leave while on a sabbatical leave or a leave of absence unless the particular school district has made provision to the contrary in its regulation governing sick leave. (2a) When a school district employee is granted a sabbatical leave or a leave of absence, he retains such sick leave benefits as he had accumulated prior to his departure so long as he returns to the district at the end of the period of his authorized leave. (2b) When a school district employee severs his employment relationship, as through retirement or separation, he has no right to be recredited with sick leave accumulated prior to his retirement or separation unless the school district has adopted a rule or regulation providing for such recrediting. (3) When a school district employee, upon completion of an authorized period on sabbatical leave or leave of absence, transfers employment from the school district which granted him the leave to another school district within the state, he retains the same accumulated sick leave benefits that he had in his previous position to the extent provided for in RCW 28.67.076; however, where a school district employee has retired or otherwise separated from employment with one school district and at some later time enters the employment of another school district, under circumstances which cannot be characterized as a transfer of employment from one school district to another, he does not retain the sick leave benefits which he had accumulated in his previous position.
AGO 1967 No. 25 >  July 6, 1967
DISTRICTS - WATER - INVESTMENT OF SURPLUS FUNDS
DISTRICTS - WATER - INVESTMENT OF SURPLUS FUNDS A board of commissioners of a water district may, in its resolution authorizing the investment of surplus funds in a bank or savings and loan association, direct the county treasurer, as agent for the water district, to invest the funds in a specific bank or association designated in the resolution.
AGO 1967 No. 27 >  July 31, 1967
DISTRICTS - SCHOOLS - 1967 APPROPRIATION FOR SCHOOL EMPLOYEE SALARY IMPROVEMENTS
DISTRICTS - SCHOOLS - 1967 APPROPRIATION FOR SCHOOL EMPLOYEE SALARY IMPROVEMENTS (1) The salary improvements contemplated by the appropriation contained in chapter 143, Laws of 1967, Ex. Sess., for salary improvements for school district employees are not to be limited to only those personnel employed by a school district in 1966-67 who return to the same district for the 196768 school year. (2) The phrase "average level for 1966-67," as used in the appropriation act, refers to the average level for each school district and not to the state wide [[statewide]] average salary level. (3) In determining the average salary level for 1966-67 for a given school district, for purposes of providing salary improvements in accordance with the appropriation act, the district may, but is not required to, calculate separate averages for various classes or categories of school employees. (4) Both the seven percent factor and the five percent factor contained in the appropriation act are to be applied against the "average level for 1966-67." (5) Where a school district provides an average salary improvement of more than seven percent during 1967-68, it need not add an additional five percent for 1968-69, so long as the average level for 1968-69 is at least twelve percent in excess of the 1966-67 average. (6) All that is contemplated by the appropriation act is that school districts shall provide salary improvements for all district personnel in average amounts of seven percent in 1967-68, and an additional five percent in 1968-69, over the average level for 1966-67 (exclusive of adjustments made pursuant to chapter 4, Laws of 1967); therefore, ordinary annual increment raises provided by a given district remain an appropriate subject for local negotiation and may or may not be granted in addition to the salary improvements funded by the appropriation.
AGO 1967 No. 34 >  October 2, 1967
DISTRICTS - SCHOOLS - EFFECT OF 1967 COMMUNITY COLLEGE ACT ON EXISTING BONDED INDEBTEDNESS AND BONDING CAPACITY
DISTRICTS - SCHOOLS - EFFECT OF 1967 COMMUNITY COLLEGE ACT ON EXISTING BONDED INDEBTEDNESS AND BONDING CAPACITY (1) Pursuant to § 74, chapter 8, Laws of 1967, Ex. Sess., a common school district previously operating a community college is presently authorized to issue bonds previously authorized by the electorate for common school (k-12) purposes provided (1) the total indebtedness of the district excluding any bonded indebtedness incurred for community college purposes will not exceed 10% of the assessed valuation of the taxable property in the district; and (2) the total indebtedness of the district including any bonded indebtedness incurred for community college purposes will not exceed the constitutional debt limit of the district.  Article VIII, § 6, Amendment 27. (2) In the absence of the availability of other funds with which to discharge general obligation bonds issued by a common school district for community college purposes prior to the effective date of the community college act of 1967 (chapter 8, Laws of 1967, Ex. Sess.), a common school district which issued such bonds is expressly required under § 60 of the act to continue levying and collecting taxes to retire the bonds in accordance with the terms and conditions stated therein.
AGO 1967 No. 35 >  October 26, 1967
DISTRICTS - IRRIGATION - COLLECTION OF DELINQUENT ASSESSMENTS
DISTRICTS - IRRIGATION - COLLECTION OF DELINQUENT ASSESSMENTS A county treasurer is required to collect the one dollar charge prescribed by RCW 87.03.270, as amended by § 2, chapter 169, Laws of 1967, on irrigation district assessments which became delinquent prior to the effective date of the amendment where collection of the assessment occurs after that date; such a construction of the amendment does not render the act an ex post facto law.
AGO 1967 No. 37 >  October 31, 1967
DISTRICTS - SCHOOLS - CONTRACT - INSURANCE - FIRE AND EXTENDED COVERAGE
DISTRICTS - SCHOOLS - CONTRACT - INSURANCE - FIRE AND EXTENDED COVERAGE When a school district purchases fire and extended coverage insurance protection for the property of the district under a three year contract which it may cancel at any time, and consequently recover any unearned portion of the premium, it may pay the full premium due in accordance with the contract at the time of purchase.
AGO 1968 No. 3 >  January 18, 1968
DISTRICTS - IRRIGATION - ELECTIONS - QUALIFICATIONS OF VOTERS
DISTRICTS - IRRIGATION - ELECTIONS - QUALIFICATIONS OF VOTERS Except in the case of ownership of more than ten acres of land in an irrigation district, as provided for by RCW 87.03.045, the fact that the same person holds a number of qualifying legal or equitable interests in one or more parcels of qualified land located in an irrigation district does not entitle that person to cast a multiple number of votes, equal to the number of his interests, at a single irrigation district election.
AGO 1993 No. 1 >  February 8, 1993
SCHOOLS - DISTRICTS - EMPLOYERS AND EMPLOYEES - TEACHERS - SICK LEAVE - FAMILY LEAVE
Ability of a School District Board of Directors to Grant Family Leave 1.  RCW 28A.400.300 requires school districts to grant employees a minimum of 10 days per year of leave for illness, injury, and emergencies.  The maximum leave that can be accrued for this purpose is 12 days per year.  Within this minimum and maximum a school district board of directors can define how such leave is to be used.  If the board defines leave for illness, injury, and emergencies so that it only applies to the employee's illness, injury, and emergencies, then the board has the authority to authorize employee leave beyond the 12-day limit to care for sick family members. 2.   RCW 49.12.270 requires employers to permit employees to use sick leave to care for their sick children.  RCW 49.12.270 does not limit the ability of a school district board of directors to allow family leave to care for sick family members beyond the 12-day limit for leave for illness, injury, and emergencies.
AGO 1968 No. 7 >  February 15, 1968
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - NURSES
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - NURSES (1) A person who is certificated as a school nurse by the state board of education under the Washington Administrative Code (WAC) 18-84-075 through 090, but who does not hold a certificate which will entitle her to be assigned to a teaching position as a certified teacher, is not a "certificated employee" for the purposes of chapter 143, Laws of 1965.(2) A school nurse, who is not employed in a supervisory capacity for a school district, and is not employed as a teacher, is not covered by the provisions of RCW 28.58.450 or RCW 28.67.070.
AGO 1968 No. 10 >  February 29, 1968
COUNTIES - FOREST - TAXATION - DISTRICTS - DISTRIBUTION AND PRORATION OF STATE FOREST LAND REVENUES
COUNTIES - FOREST - TAXATION - DISTRICTS - DISTRIBUTION AND PRORATION OF STATE FOREST LAND REVENUES Where state forest land revenues are distributed to a county by the department of natural resources under the provisions of RCW 76.12.030 and 76.12.120, they are to be prorated and paid to the various taxing unit funds which would receive real property taxes from the state forest land producing the revenues if those lands were in private ownership, in the same manner that general taxes, including excess tax levies, are paid and distributed by the county, as tax collector, during the year of payment.
AGO 1968 No. 12 >  March 19, 1968
DISTRICTS - IRRIGATION - ELECTIONS - FREEHOLDERS
QUALIFICATIONS OF ELECTORS SIGNING PETITION TO DISSOLVE AN IRRIGATION DISTRICT UNDER CHAPTER 87.53 RCW (1) In order to be eligible to sign a petition to dissolve an irrigation district which has an outstanding bonded indebtedness, as provided for in RCW 87.53.030, a person must be a qualified elector under the general election laws and a freeholder of the district, as provided for in RCW 87.53.050. (2) A person must be registered under the state general election laws in order to be a qualified elector within the meaning of RCW 87.53.050. (3) A contract purchaser of land in an irrigation district under a forfeitable executory contract for the sale of real property is a "freeholder of the district" as that term is used in RCW 87.53.050.
AGO 1968 No. 16 >  April 29, 1968
DISTRICTS - FIRE PROTECTION - CIVIL SERVICE - INCOMPATIBLE OFFICES
DISTRICTS - FIRE PROTECTION - CIVIL SERVICE - INCOMPATIBLE OFFICES (1) A fire protection district which has both full time, paid firemen and volunteer firemen in its fire service may provide civil service coverage for its full time, paid firemen under the provisions of RCW 52.36.060. (2) A fire protection district which determines to provide civil service coverage for its full time, paid firemen under RCW 52.36.060, is thereby governed by all the provisions of chapter 41.08 RCW to the same extent as a city or town. (3) Members of a board of fire commissioners of a fire protection district which establishes a civil service system for its full time paid firemen under RCW 52.36.060 may not simultaneously serve as members of the civil service commission.
AGO 1993 No. 6 >  April 15, 1993
DEPARTMENT OF ECOLOGY - HEALTH - SEWER - DISTRICTS - HAZARDOUS WASTE - FEES
Ability of Local Health Board to Charge Fees in Connection With Implementation of Local Hazardous Waste Plan 1.  Chapter 70.105 RCW requires local governments to adopt hazardous waste plans for the management of moderate-risk waste.  A local government can implement such plans through its board of health. 2.  A local health board can assess a fee against a sewer district for services the board performs in connection with the implementation of a local hazardous waste plan.  However, the fee must be no greater than the actual cost of providing the relevant services. 3.  The authority granted to the Department of Ecology to regulate hazardous waste does not preempt the authority of a local health board to adopt a local hazardous waste plan for the management of moderate-risk waste and to charge a fee in connection with the implementation of the plan.
AGO 1968 No. 19 >  May 14, 1968
DISTRICTS - SCHOOLS - TAXATION - EXCESS LEVY ELECTION
DISTRICTS - SCHOOLS - TAXATION - EXCESS LEVY ELECTION It will not be possible for a school district or other taxing district to which the present 40-mill limit is applicable, in anticipation of the possible passage of S.J.R. 23 at the November, 1968, election, to prepare and submit to the voters of the district at the same election a proposal for two consecutive annual tax levies in excess of the 40-mill limit, since the procedures set forth in RCW 84.52.052 will continue to govern such excess levy propositions until the statute is amended by the legislature.
AGO 1993 No. 7 >  April 23, 1993
TAXATION - PROPERTY - DISTRICTS - MEDICAL AID
Applicability of the 106 percent limit to levy for emergency medical care RCW 84.52.069(2) authorizes certain taxing districts to levy a regular property tax for emergency medical care and medical services.  RCW 84.55.010 establishes the 106 percent limit which is applicable to regular property tax levies.  The 106 percent limit applies to the emergency medical care levy after the first year.
AGO 1968 No. 24 >  June 24, 1968
DISTRICTS - SCHOOLS - LIABILITY FOR INJURY TO STUDENT TRANSPORTED TO OR FROM SCHOOL BY PARENT
DISTRICTS - SCHOOLS - LIABILITY FOR INJURY TO STUDENT TRANSPORTED TO OR FROM SCHOOL BY PARENT When a student enrolled in a public school is being transported to and/or from school at the commencement or end of the school day by his parent, or some other person at the direction of the parent (e.g., either because the particular school district does not provide transportation or because the parent prefers to transport the child himself) neither the school district nor its employees can be regarded as having assumed and exercised control over the transportation so as to incur any liability in case of injury to the student.
AGO 1989 No. 18 >  October 6, 1989
DIKING, DRAINAGE, AND FLOOD CONTROL - SPECIAL ASSESSMENTS - COUNTIES - DISTRICTS
DIKING, DRAINAGE, AND FLOOD CONTROL ‑- DISTRICTS ‑- COUNTIES ‑- SPECIAL ASSESSMENTS 1.Chapter 85.38 RCW authorizes "special assessments" which may be imposed only on property specially benefitted in accordance with article 7, section 9, of the Washington Constitution as interpreted in case law; this chapter does not authorize the imposition of "rates and charges" based on some standard other than special benefit.2.Assessments made under chapter 85.38 [RCW] must be based on the special benefit conferred by a public work or activity on particular property, and may not lawfully be based on the extent of use of public services or other criteria.
AGO 1968 No. 30 >  September 12, 1968
DISTRICTS - SCHOOLS - ELECTIONS - TAXATION - PROCEDURE FOR CALLING SPECIAL SCHOOL DISTRICT EXCESS LEVY ELECTION
DISTRICTS - SCHOOLS - ELECTIONS - TAXATION - PROCEDURE FOR CALLING SPECIAL SCHOOL DISTRICT EXCESS LEVY ELECTION Where the board of directors of a school district, by appropriate resolution, calls a special election for submission to the voters of a proposition to levy ad valorem property taxes in excess of the constitutional forty mill limit, and presents this resolution to the county auditor at least forty-five days prior to the election date specified therein, it is not necessary for the auditor to find the existence of an emergency in order to hold the election on the date fixed by the school board.
AGO 1996 No. 19 >  December 11, 1996
WATER - DEPARTMENT OF ECOLOGY - DEPARTMENT OF HEALTH - CITIES - COUNTIES - DISTRICTS
Interpretation of legislation recognizing interties between public water supply systems 1.  The procedure established in RCW 90.03.383(3) for modifying a water right permit based on an intertie between public water supply systems applies only to interties existing and in use on January 1, 1991. 2.  Under RCW 90.03.383(3), when the Department of Ecology processes a change in place of use occasioned by an intertie between public water supply systems, the resulting permit(s) should show the quantity of water delivered through the intertie as well as the change in place of use. 3.  Under RCW 90.03.383(4), the Department of Ecology's scope of inquiry is whether each system's use is within the annual and instantaneous withdrawal rate specified in its water right authorization and whether the exchange or delivery through the intertie adversely affects existing water rights.  
AGO 1996 No. 10 >  July 9, 1996
SCHOOLS - SCHOOL DISTRICTS - DISTRICTS - RELIGION - CHURCHES
Constitutionality of prayer at commencement exercises 1.  Under current U. S. Supreme Court case law, it would not be constitutional for the officers or employees of a school district (or other governmental entity operating a school) to plan for and include prayer as a part of a commencement exercise or similar official school function.  2.  Under current Ninth Circuit case precedent, it would not be constitutional for a school district (or other governmental entity operating a school) to allow its students to include prayer as a part of a student-planned commencement exercise or similar official school function.  3.  Private, non-disruptive prayers at commencement exercises, which are not a part of the planned program and which do not disrupt it, are constitutional under current case law.  4.  Because the state constitution is stricter than the federal with regard to the support of religion with public funds and/or property, there is no purpose to be served in separately analyzing the state constitutional issues raised by prayer at commencement programs.
AGO 1993 No. 14 >  September 9, 1993
IRRIGATION - DISTRICTS - PROPERTY - ATTORNEYS - FEES - COSTS
Ability of an irrigation district to recover attorneys' fees when foreclosing a delinquent assessment RCW 87.03.271 provides that the lien for a delinquent irrigation district assessment includes costs such as attorneys' fees.  When the lien is foreclosed pursuant to the procedure set forth in chapter 87.06 RCW, the irrigation district may recover costs, including reasonable attorneys' fees.
AGO 1996 No. 15 >  September 4, 1996
COUNTIES - OFFICES AND OFFICERS - HEALTH - DISTRICTS - COUNTY COMMISSIONERS
Simultaneous service of one spouse as county commissioner while other spouse is administrator of the local Health Department in the same county RCW 42.23.030 does not prohibit the service of one spouse as a county commissioner (and ex officio local health board member) while the other spouse serves as administrative officer of the health department; these positions are both public offices and the compensation for them does not arise out of contract.
AGO 1969 No. 10 >  May 27, 1969
DISTRICTS - SCHOOLS - DIRECTOR DISTRICTS - BOUNDARIES - VOLUNTARY CHANGE OF RESIDENCE FROM ONE DIRECTOR DISTRICT TO ANOTHER - VACANCY
DISTRICTS - SCHOOLS - DIRECTOR DISTRICTS - BOUNDARIES - VOLUNTARY CHANGE OF RESIDENCE FROM ONE DIRECTOR DISTRICT TO ANOTHER - VACANCY In a school district which has been divided into school director districts under RCW 28.57.050, a school director's voluntary removal of his place of residence from one director district to another within the school district does not disqualify him from continuing to serve for the remainder of the term for which he was elected.
AGO 1993 No. 20 >  December 23, 1993
HEALTH - DISTRICTS
Authority of local health officer to control spread of tuberculosis RCW 70.05.070 empowers local health officers to control and prevent the spread of any dangerous, contagious, or infectious disease.  RCW 70.28.031 empowers local health officers to examine and isolate persons reasonably suspected of having tuberculosis.  These statutes provide authority for local health officers to detain, test and, if necessary, treat persons reasonably suspected of having tuberculosis.
AGO 1969 No. 14 >  September 18, 1969
DISTRICTS - SCHOOLS - BONDS - DEBT LIMITATION - BONDING CAPACITY OF SCHOOL DISTRICTS
DISTRICTS - SCHOOLS - BONDS - DEBT LIMITATION - BONDING CAPACITY OF SCHOOL DISTRICTS (1) Under § 1, chapter 142, Laws of 1969, which establishes the bonding capacity of a school district as being a certain percentage of the "value of the taxable property in such district," the measuring property value is the actual "true and fair" value in money of the property in the district as contrasted with the assessed valuation of such property. (2) In the case of a school district located in a county for which the assessment ratio used by the county assessor for property tax purposes has been and is presently 25% of the true value of the taxable property, the combined effect of (a) § 1, chapter 142, Laws of 1969, and (b) the decision of the state supreme court in Carkonen, et al. v. Williams, et al. , ____ Wn.2d ____ [[76 Wn.2d 617]](September 4, 1969), and accompanying order of the state department of revenue requiring use of a 50% assessment ration as of January 1, 1970, will be to increase such district's bonding capacity by a multiple of four.
AGO 1969 No. 16 >  September 22, 1969
DISTRICTS - SCHOOLS - COUNTIES - INTERMEDIATE SCHOOL DISTRICTS - TRANSFER OF COUNTY FUNDS - COUNTY SUPPORT OF INTERMEDIATE SCHOOL DISTRICTS UNDER CHAPTER 176, LAWS OF 1969, EX. SESS.
DISTRICTS - SCHOOLS - COUNTIES - INTERMEDIATE SCHOOL DISTRICTS - TRANSFER OF COUNTY FUNDS - COUNTY SUPPORT OF INTERMEDIATE SCHOOL DISTRICTS UNDER CHAPTER 176, LAWS OF 1969, EX. SESS. (1) A board of county commissioners will be in compliance with § 18, chapter 176, Laws of 1969, Ex. Sess., if, during the remainder of the calendar year 1969, it pays to the intermediate school district in which it is located an amount equal to one half of the amount which the county appropriated to the budget of its county superintendent of schools for the entire year 1969. (2) A county's payments to the intermediate school district in which it is located, as provided for in § 18, chapter 176, Laws of 1969, Ex. Sess., may be transmitted on a monthly basis rather than being made in the form of a single lump sum payment. (3) A county's payments to the intermediate school district in which it is located may be made by county warrants drawn upon the county current expense fund. (4) In making the payment from its current expense fund to the intermediate school district in which it is located, a county is not authorized to withhold from the amount to be paid a sum sufficient to pay the salary of its county superintendent of schools during the remainder of his term of office. (5) The board of county commissioners of the county which is providing office facilities for an intermediate school district may not require the district to make payment to the county for the use of these facilities. (6) A board of county commissioners may not charge an intermediate school district for the services rendered to the district by its county prosecutor, treasurer, or auditor. (7) It is permissible for an intermediate school district, in accordance with its own budget, to pay one of its employees a salary in excess of the amount which was budgeted for that employee, as a county superintendent's employee, by a board of county commissioners.
AGO 1969 No. 18 >  September 24, 1969
DISTRICTS - PORT - TIDELAND LEASES - DISPOSITION OF RENTALS
DISTRICTS - PORT - TIDELAND LEASES - DISPOSITION OF RENTALS (1) Such amounts as the board of natural resources deducts from rentals on harbor area or tideland leases under the authority of RCW 79.64.040 are to be subtracted from the total amount paid in determining the net amount of rental proceeds available for disposition under RCW 79.16.180. (2) Where a port district, after the effective date of the amendment to RCW 79.16.180 which was contained in § 2, chapter 105, Laws of 1967, Ex. Sess., constructs improvements on leased harbor areas or tidelands belonging to the state of Washington, but situated within the territorial limits of the district, the district is to receive the entire net rental attributed to the improvements (as before) but is to receive only twenty-five percent of the net rental attributable to the underlying leased area not considering the improvements.
AGO 1969 No. 24 >  December 22, 1969
DISTRICTS - PUBLIC UTILITY - PORT - IRRIGATION - RECLAMATION - RECLAMATION REVOLVING FUND BOND PURCHASES FOR RECLAMATION PROJECTS
DISTRICTS - PUBLIC UTILITY - PORT - IRRIGATION - RECLAMATION - RECLAMATION REVOLVING FUND BOND PURCHASES FOR RECLAMATION PROJECTS (1) A public utility district is authorized to construct, operate and maintain an irrigation water distribution system for the purpose of reclaiming lands for agricultural uses. (2) A port district is not authorized to construct, operate and maintain an irrigation water distribution system for the purpose of reclaiming lands for agricultural uses. (3) Moneys in the state reclamation revolving fund may be expended to purchase bonds of a public utility district which are issued by the district for the purpose of financing an irrigation project designed to reclaim arid waste lands for agricultural uses, upon approval of the particular reclamation project by the director of the department of water resources. (4) The director of the department of water resources may loan moneys from the reclamation revolving fund to an irrigation district to be used to finance the development of final engineering plans for an irrigation project of said district.
AGO 1959 No. 12 >  February 17, 1959
DISTRICTS - FIRE PROTECTION - MAXIMUM TAX LEVIES FOR GENERAL PURPOSES
DISTRICTS ‑- FIRE PROTECTION ‑- MAXIMUM TAX LEVIES FOR GENERAL PURPOSES The maximum levy for fire protection districts authorized by RCW 52.16.130, exclusive of any levy for retirement of general obligation bonds, is two mills, and the maximum levy authorized by RCW 52.16.130 and 52.16.140 combined is four mills, exclusive of any levy for retirement of general obligation bonds.
AGO 1959 No. 25 >  March 25, 1959
SCHOOLS - DISTRICTS - REORGANIZATION OF DIRECTOR DISTRICTS AS AFFECTING TERM OF OFFICE OF DIRECTOR OF SCHOOL DISTRICT
SCHOOLS - DISTRICTS - REORGANIZATION OF DIRECTOR DISTRICTS AS AFFECTING TERM OF OFFICE OF DIRECTOR OF SCHOOL DISTRICT (1)  Term of office of a duly elected and qualified school district director is not affected by the reorganization of the district which changes the boundary lines of the director district so as to eliminate his director district. (2)  The director from the eliminated director district is legally qualified to hold his office until the expiration of the full term for which he was elected.
AGO 1959 No. 72 >  October 5, 1959
DISTRICTS - FIRE PROTECTION - TAX LEVY ON PROPERTY INCORPORATED AS A MUNICIPALITY UNDER CHAPTER 237, LAWS OF 1959
DISTRICTS - FIRE PROTECTION - TAX LEVY ON PROPERTY INCORPORATED AS A MUNICIPALITY UNDER CHAPTER 237, LAWS OF 1959 (1)  Where a fire protection district includes all or a portion of a municipality, the district is authorized to levy its full millage for 1959 on all property within the district including that within the municipality. (2)  Where a municipality has incorporated after June 11, 1959, and under chapter 237, Laws of 1959, is automatically withdrawn from the fire protection district, the district may nevertheless levy its full millage on the entire district as it existed prior to the incorporation of the municipality.
AGO 1959 No. 80 >  October 28, 1959
DISTRICTS - WEEDS - ENFORCEMENT OF ERADICATION OF NOXIOUS WEEDS WHERE DISTRICT IS PARTIALLY OR WHOLLY WITHIN WEED EXTERMINATION AREA
DISTRICTS - WEEDS - ENFORCEMENT OF ERADICATION OF NOXIOUS WEEDS WHERE DISTRICT IS PARTIALLY OR WHOLLY WITHIN WEED EXTERMINATION AREA (1) The directors of a weed district are authorized to employ a weed inspector even though a weed supervisor may have been appointed for the weed extermination area by the county commissioners and the state director of agriculture.  (2) Where a weed district is located within a weed extermination area, the district has exclusive jurisdiction over the eradication of weeds within the district so long as it exercises its powers and functions.  (3) The duty of conducting a hearing to determine costs of eradication of weeds devolves upon the board of county commissioners and the director of the department of agriculture where the weed extermination area has assumed responsibility for eradication of weeds.  (4) and (5) It is necessary that there be a board of directors of the weed district even though there is also a weed extermination area, and the powers and duties of the directors are specified in chapter 17.04. RCW.
AGO 1959 No. 82 >  November 6, 1959
DISTRICTS - FIRE PROTECTION - OWNERSHIP OF STATION, EQUIPMENT AND REAL PROPERTY WHERE A PORTION OF THE DISTRICT IS ANNEXED TO A CITY OR INCORPORATED AS A MUNICIPALITY OR IS WITHDRAWN FROM THE DISTRICT UNDER CHAPTER 237, LAWS OF 1959
DISTRICTS - FIRE PROTECTION - OWNERSHIP OF STATION, EQUIPMENT AND REAL PROPERTY WHERE A PORTION OF THE DISTRICT IS ANNEXED TO A CITY OR INCORPORATED AS A MUNICIPALITY OR IS WITHDRAWN FROM THE... (1) A municipality owns the fire station, equipment and real property (a) when the municipality annexes all or a portion of a fire protection district wherein such property is located; (b) when an area comprising a portion of a fire protection district wherein such property is located incorporates as a municipality; and (c) when a municipality, or portion thereof, wherein such property is located is excluded from a fire protection district pursuant to section 6, chapter 237, Laws of 1959.
AGO 1960 No. 111 >  March 31, 1960
DISTRICTS - PORT - COMMISSIONERS - ORDER IN WHICH NAMES OF CANDIDATES APPEAR ON BALLOT
DISTRICTS - PORT - COMMISSIONERS - ORDER IN WHICH NAMES OF CANDIDATES APPEAR ON BALLOT Names of candidates for the office of port commissioner in Class AA and Class A counties are to be arranged in the order in which their declarations for candidacy are filed.
AGO 1957 No. 132 >  November 18, 1957
HOSPITALS - PUBLIC HOSPITAL DISTRICT'S POWER TO INVEST FUNDS - DISTRICTS - INVESTMENT OF FUNDS
HOSPITALS ‑- PUBLIC HOSPITAL DISTRICT'S POWER TO INVEST FUNDS -- DISTRICTS ‑- INVESTMENT OF FUNDS Bond redemption funds of a public hospital district may not be invested.
AGO 1960 No. 121 >  June 2, 1960
DISTRICTS - SCHOOLS - LIABILITY POLICIES IN CONNECTION WITH SCHOOL BUS OPERATIONS - MEDICAL PAYMENTS INCLUDED IN PREMIUM
DISTRICTS - SCHOOLS - LIABILITY POLICIES IN CONNECTION WITH SCHOOL BUS OPERATIONS - MEDICAL PAYMENTS INCLUDED IN PREMIUM In procuring a policy of liability insurance covering the operation of its buses, the board of directors of a school district may not pay the cost of any increased premium to provide medical payments for the passenger injured by or through its operation irrespective of liability.  Public funds may only be expended to protect the district from liability.  However, the board of directors may procure medical and accident insurance where the assenting students pay the additional cost.
AGO 1960 No. 132 >  July 29, 1960
DISTRICTS - MOSQUITO CONTROL - LEVY OF ADDITIONAL TAXES
DISTRICTS - MOSQUITO CONTROL - LEVY OF ADDITIONAL TAXES Neither RCW 84.08.160 nor RCW 17.28.253 applies to the levying of assessments pursuant to RCW 17.28.255.  RCW 17.28.253 is controlling where the residents of a mosquito control district vote for the levy of additional taxes pursuant to RCW 17.28.100, 17.28.252 or 17.28.260.
AGO 1960 No. 136 >  August 19, 1960
DISTRICTS - DRAINAGE IMPROVEMENT - SUPERVISORS - USE OF NAMED SCHEDULE BOND
DISTRICTS - DRAINAGE IMPROVEMENT - SUPERVISORS - USE OF NAMED SCHEDULE BOND The supervisors of a drainage improvement district may meet the bond requirements of RCW 85.08.300 by the use of a named schedule bond, if such bond insures the faithful performances of each individual official's duties and covers each official for a specific duration of time and for specific penal amount, as contemplated by statute.
AGO 1960 No. 157 >  November 10, 1960
DISTRICTS - FIRE PROTECTION
DISTRICTS - FIRE PROTECTION - APPOINTMENT OF COMMISSIONER AS SECRETARY OF THE DISTRICT The offices of commissioner of a fire protection district and secretary of the district are incompatible.
AGO 1960 No. 161 >  November 25, 1960
DISTRICTS - WATER AND SEWER - AUTHORITY TO LEVY SPECIAL ASSESSMENTS ON STATE OR FEDERALLY OWNED LAND AND PROCEDURES TO BE FOLLOWED IN REMOVING ILLEGAL SPECIAL ASSESSMENTS LEVIED ON SUCH LANDS
DISTRICTS - WATER AND SEWER - AUTHORITY TO LEVY SPECIAL ASSESSMENTS ON STATE OR FEDERALLY OWNED LAND AND PROCEDURES TO BE FOLLOWED IN REMOVING ILLEGAL SPECIAL ASSESSMENTS LEVIED ON SUCH LANDS (1)  Water and sewer districts are not authorized to levy special assessments on state or federally owned lands. (2)  The special assessments levied on state or federally owned lands may be removed from the accounts of the districts and the county treasurer. (3)  The procedures to be followed to remove such invalid special assessments from the rolls are those prescribed by RCW 35.44.280.
AGO 1960 No. 161 >  November 25, 1960
DISTRICTS - WATER AND SEWER - AUTHORITY TO LEVY SPECIAL ASSESSMENTS ON STATE OR FEDERALLY OWNED LAND AND PROCEDURES TO BE FOLLOWED IN REMOVING ILLEGAL SPECIAL ASSESSMENTS LEVIED ON SUCH LANDS
DISTRICTS - WATER AND SEWER - AUTHORITY TO LEVY SPECIAL ASSESSMENTS ON STATE OR FEDERALLY OWNED LAND AND PROCEDURES TO BE FOLLOWED IN REMOVING ILLEGAL SPECIAL ASSESSMENTS LEVIED ON SUCH LANDS(1) (1)  Water and sewer districts are not authorized to levy special assessments on state or federally owned lands. (2)  The special assessments levied on state or federally owned lands may be removed from the accounts of the districts and the county treasurer. (3)  The procedures to be followed to remove such invalid special assessments from the rolls are those prescribed by RCW 35.44.280.
AGO 1955 No. 59 >  April 14, 1955
DISTRICTS - P.U.D. - OFFICERS - EMPLOYEES - GROUP INSURANCE
DISTRICTS ‑- P.U.D. -- OFFICERS -- EMPLOYEES -- GROUP INSURANCE Where a public utility district has less than the minimum number of employees required to contract for group insurance, it may not provide insurance for its commissioners.
AGO 1955 No. 143 >  October 3, 1955
DISTRICTS - HEALTH, JOINT - ATTORNEY
DISTRICTS ‑- HEALTH, JOINT ‑- ATTORNEY Director of Joint Health District may select attorney for district; neither prosecuting attorney is by law counsel for the district.
AGO 1954 No. 213 >  February 23, 1954
DISTRICTS - FIRE PROTECTION DISTRICTS - LEVY AND ASSESSMENT - DATE OF CREATION FOR PURPOSES OF TAX LEVIES
DISTRICTS ‑- FIRE PROTECTION DISTRICTS ‑- LEVY AND ASSESSMENT ‑- DATE OF CREATION FOR PURPOSES OF TAX LEVIES Assessments may not be levied for 1954, payable in 1955, for the support of a fire protection district where the election to ratify the creation of the district will be held March 9, 1954.
AGO 1954 No. 354 >  December 2, 1954
DISTRICTS - FLOOD CONTROL - STATE PARTICIPATION - EXTENT
DISTRICTS ‑- FLOOD CONTROL ‑- STATE PARTICIPATION ‑- EXTENT State may only reimburse a flood control district for 50% of the amount expended for flood control maintenance under a contract for state participation between the department of soil conservation and development and the flood control district.
AGO 1954 No. 371 >  December 28, 1954
DISTRICTS - IRRIGATION - DISSOLUTION - ASSESSMENT UNDER RCW 87.53.140, TO PAY OUTSTANDING BONDS
DISTRICTS ‑- IRRIGATION ‑- DISSOLUTION ‑- ASSESSMENT UNDER RCW 87.53.140, TO PAY OUTSTANDING BONDS Landowner in former irrigation district who pays in full assessment against land under RCW 87.53.140 frees property from further assessment and discharges lien of bonds though like assessments against other land in district may remain unpaid.
AGO 1955 No. 125 >  August 11, 1955
DISTRICTS - PUBLIC UTILITY - MAINTENANCE OF PRIVATE LINES ON COST-PLUS BASIS
DISTRICTS ‑- PUBLIC UTILITY ‑- MAINTENANCE OF PRIVATE LINES ON COST-PLUS BASIS A public utility district cannot maintain and service power lines owned by private cooperative which carry the power of the cooperative.
AGO 1955 No. 105 >  June 27, 1955
DISTRICTS - PORT - LEASES - BOND OF LESSEE
DISTRICTS ‑- PORT ‑- LEASES ‑- BOND OF LESSEE
Port district may not accept municipal general obligation bonds as security for performance of lease under RCW 53.08.080.
AGO 1953 No. 177 >  December 3, 1953
CONSTITUTIONAL LAW - LEGISLATIVE POWERS - UNCONSTITUTIONAL DELEGATION OF POWER - STATUTES - VALIDITY - JUSTICE COURTS - DISTRICTS
CONSTITUTIONAL LAW ‑- LEGISLATIVE POWERS ‑- UNCONSTITUTIONAL DELEGATION OF POWER -- STATUTES ‑- VALIDITY ‑- JUSTICE COURTS ‑- DISTRICTS ‑- DETERMINATION OF NUMBER -- FIXING OF QUALIFICATIONS

It is our opinion that the justice court district act (RCW 3.14.010 and RCW 3.14.030) is an unconstitutional delegation of legislative power, both as it relates to the determination of the number of justices of the peace to be elected and to the qualifications of candidates for such office.  It also violates Amendment 21 of the state constitution relating to uniformity in county government.

 

AGO 1955 No. 119 >  July 25, 1955
TAXATION - DISTRICTS - FIRE PROTECTION - PENSION FUND LEVY
TAXATION ‑- DISTRICTS ‑- FIRE PROTECTION ‑- PENSION FUND LEVY Mandatory one‑mill levy for fire district pension fund must be within millage limitations of RCW 52.16.130 and 52.16.140. Additional mill authorized by RCW 41.16.060 for that fund may exceed those limitations. Both such levies must be imposed if necessary to sustain the fund.
AGLO 1982 No. 1 >  January 18, 1982
DISTRICTS - SCHOOLS - EMPLOYEES - RETIREMENT
REIMBURSEMENT FOR UNUSED SICK LEAVE In order to receive reimbursement for unused sick leave, pursuant to RCW 28A.58.097, at the time of separation from school district employment due to retirement, an employee must have separated from such employment and have been granted a retirement allowance under the laws governing the Teachers' Retirement System or the Public Employees' Retirement System, whichever applies;  however, it is not necessary that the employee have actually filed for retirement prior to the date of his or her separation so long as the application is thereafter filed within a reasonable period of time and without the occurrence of any intervening covered employment.
AGLO 1982 No. 7 >  April 14, 1982
DISTRICTS - PUBLIC UTILITY DISTRICTS - BONDS - CONTRACTS - ELECTIONS
NECESSITY FOR VOTER APPROVAL

(1) RCW 54.24.018 does not apply to PUD contractual obligations not involving issuance, by the district, of its own bonds.(2) If a PUD issues bonds in order to fund a prior contractual liability, the provisions of Wash. Const., Article VIII, § 6 (but not Article VII, § 2 or Article VIII, § 7) would be applicable.

AGLO 1982 No. 8 >  April 20, 1982
CITIES AND TOWNS - DISTRICTS - PUBLIC UTILITY DISTRICTS - TAXATION - ELECTIONS
EFFECT OF OPERATION OF SEPARATE ELECTRIC UTILITY BY MUNICIPALITY

(1) The residents of the Town of McCleary who are registered voters therein remain entitled (under the facts of this opinion) to participate in the election of Grays Harbor Public Utility District No. 1 commissioners even though the town operates its own electrical system. (2) Property situated within the Town of McCleary may not be taxed to construct, purchase or support the public utility district's electrical system, so long as the town continues to own or operate its own electrical utility.

AGLO 1982 No. 23 >  September 2, 1982
COUNTIES - DISTRICTS - JOINT PARK AND RECREATION DISTRICT
AUTHORITY OF COUNTY COMMISSIONERS TO EXCLUDE LAND (1) Where the residents of two adjoining counties petition for the creation of a joint park and recreation district under RCW 36.69.420, the county commissioners of one of those counties may only exclude from the proposed district all land located within that county on the basis of a reasonable factual determination that no parcel of land in the county will benefit from its inclusion within the proposed district.
AGLO 1981 No. 12 >  April 27, 1981
DISTRICTS - PORT - AIRPORTS - IRRIGATION - AGRICULTURE
DEVELOPMENT OF CERTAIN AIRPORT LAND FOR AGRICULTURAL PURPOSES An airport board established pursuant to RCW 14.08.200 by joint action between two port districts may not develop airport land belonging to the board with irrigation for agricultural purposes; however, such an airport board may lease property to a third party by private negotiation as authorized by RCW 14.08.200(7) even though it is known that the third party intends to develop the land with irrigation for agricultural purposes‑-so long as such development is not made a condition or requirement of the lease.
AGLO 1981 No. 17 >  July 15, 1981
DISTRICTS - SCHOOL - EMPLOYEES - SICK LEAVE
SIMULTANEOUS RECEIPT OF WORKERS' COMPENSATION UNDER STATE INDUSTRIAL INSURANCE ACT Resolution of several legal issues relating to the simultaneous receipt, by school district employees, of sick leave under RCW 28A.58.100 as amended by chapter 182, Laws of 1980, and workers' compensation payments under the state Industrial Insurance Act pursuant to a negotiated collective bargaining agreement.
AGO 1966 No. 79 >  March 24, 1966
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - TRANSFER BETWEEN DISTRICTS - RETENTION OF BENEFITS - WAIVER - PROSPECTIVE APPLICATION
CHAPTER 49, LAWS OF 1965, EX. SESS.

 (1) Under § 3, chapter 49, Laws of 1965, Ex. Sess., a certificated employee of a school district who transfers to another district which has adopted a salary schedule based upon seniority and occupational status, must be granted a salary equal to that of a person of the same status and seniority in the district.  (2) The benefits guaranteed to a transferring teacher under § 3, chapter 49, Laws of 1965, Ex. Sess., may not be waived or relinquished.  (3) Chapter 49, Laws of 1965, operates prospectively only; therefore, a contract executed before the effective date of the act is not governed by the provisions of the new act.

 

AGLO 1980 No. 4 >  January 21, 1980
DISTRICTS - PUBLIC TRANSPORATION BENEFIT AREA - ELECTIONS
PROCEDURE FOR DISSOLUTION The provisions of RCW 36.57A.160 constitute the exclusive means by which a public transportation benefit area established pursuant to chapter 36.57A RCW may be dissolved.
AGLO 1980 No. 7 >  January 28, 1980
DISTRICTS - SCHOOLS - HEALTH - IMMUNIZATION - CHURCHES - RELIGION
FUNDING CERTAIN ADMINISTRATIVE FUNCTIONS OF CHURCH-RELATED PRIVATE SCHOOLS Funds appropriated by §§ 14 and 15 of chapter 118, Laws of 1979, 1st Ex. Sess., for administration of the mandatory school immunization program thereby established may not be disbursed to private, church-related schools (a) because of a lack of statutory authority and (b) because of the constitutional prohibitions in Article IX, § 4 and Article VIII, § 7 of the Washington Constitution; the legislature, however, could make certain suggested amendments to the law which, if enacted, would establish a constitutionally permissible contractual basis for such payments.
AGLO 1980 No. 10 >  February 1, 1980
DISTRICTS - PORT - PROMOTIONAL HOSTING - CONSTITUTIONAL AMENDMENTS
EFFECT OF HJR NO. 41 ON ARTICLE VIII, § 8 (AMENDMENT 45) The constitutional changes proposed by House Joint Resolution No. 41 (now pending before the legislature) will not affect Article VIII, § 8 (Amendment 45) relating to port district industrial development and promotional hosting.
AGLO 1979 No. 4 >  January 17, 1979
CITIES AND TOWNS - DISTRICTS - PUBLIC UTILITY DISTRICTS - CONSERVATION - CONTRACTS
CONSTITUTIONALITY OF PROPOSED PUBLIC UTILITY CONSERVATION PROGRAM It would be a violation of Article VIII, § 7 of the state constitution for a municipal utility or public utility district to advance funds to its customers in order to enable them to purchase conservation materials notwithstanding a projected resulting benefit to utility customers, generally.
AGLO 1977 No. 38 >  September 20, 1977
DISTRICTS - PARKS AND RECREATION - BONDS - TAXATION
FUNDING OR REFUNDING OF REVENUE BONDS (1) A parks and recreation district is not legally authorized to issue general obligation bonds for the purpose of refunding previously issued revenue bonds although such a district may issue new revenue bonds to refund its earlier bond issue. (2) A parks and recreation district is not legally authorized to use property tax revenues, including those from an excess levy, to retire outstanding revenue bonds previously issued by such a district.
AGLO 1977 No. 39 >  September 21, 1977
DISTRICTS - EDUCATIONAL SERVICE DISTRICTS - LABOR - COLLECTIVE BARGAINING
APPLICABILITY OF PUBLIC EMPLOYEES' COLLECTIVE BARGAINING ACT TO EMPLOYEES OF AN EDUCATIONAL SERVICE DISTRICT An educational service district created pursuant to Chapter 28A.21 RCW is a political subdivision within the meaning of RCW 41.56.020, and therefore, the public employees collective bargaining act contained in Chapter 41.56 RCW is applicable to the employees of such a district.
AGLO 1977 No. 48 >  November 1, 1977
OFFICES AND OFFICERS - STATE - HOSPITAL COMMISSION - DISTRICTS - HOSPITAL
AUTHORITY OF HOSPITAL COMMISSION OVER RATES AND BUDGETS OF PUBLIC HOSPITAL DISTRICTS Explanation of the legal relationship between the budget and rate‑making functions of the commissioners of a public hospital district and the statutory review functions of the state hospital commission under chapter 70.39 RCW; procedures to be followed by a public hospital district in establishing budgets and fixing rates, and in obtaining review and approval thereof from the state hospital commission; necessity for further action by a public hospital district commission following approval or disapproval of its proposed rates or budget by the hospital commission; effect of a rate increase made by a public hospital district which is later disapproved by the state hospital commission.
AGLO 1977 No. 51 >  November 14, 1977
DISTRICTS - SCHOOLS - FUNDS - INVESTMENTS
EMPLOYEES' DEFERRED COMPENSATION PLANS (1) RCW 28A.58.740, which authorizes school districts to invest funds accumulated thereunder in shares of an investment company, must be presumed by this office to be constitutional until otherwise ruled upon by a court of competent jurisdiction; moreover, the constitutionality of any such investments could conceivably depend upon the terms of the particular deferred compensation plan involved. (2) RCW 28A.58.740 does not constitute authority for a state‑regulated credit union to receive funds deposited pursuant to that section.
AGLO 1977 No. 53 >  November 16, 1977
DISTRICTS - IRRIGATION - COMMISSIONERS - SOCIAL SECURITY
OASI COVERAGE FOR IRRIGATION DISTRICT COMMISSIONERS (1) Per diem compensation received by irrigation district commissioners under RCW 87.03.460 is subject to employees' contributions for federal social security under Chapter 41.48 RCW. (2) The fact that a given commissioner of an irrigation district may have paid the maximum amount due for OASI contributions for a given year on his self-employment income does not affect the liability of the district for payments in accordance with (1), supra, instead, the remedy of any individual who has thus overpaid his social security taxes is then to claim a refund or tax credit on his federal income tax return.
AGLO 1977 No. 55 >  December 5, 1977
DISTRICTS - SCHOOLS - TAXATION - PROPERTY
LIMITATION ON SCHOOL DISTRICT EXCESS LEVIES UNDER CHAPTER 325, LAWS OF 1977, 1ST EX. SESS. (1) The maximum amount of a given school district's excess property tax levy under § 4(2), chapter 325, Laws of 1977, 1st Ex. Sess., for collection during the following calendar year, is to be computed solely on the basis of the district's basic education allocation for the last completed school year prior to the date of the levy. (2) Explanation of the circumstances under which a school district, pursuant to § 4(4), chapter 325, supra, may be permitted to exceed the levy lid established by § 4(2) thereof, and how the modified levy lid for such a district is to be determined.
AGLO 1976 No. 1 >  January 5, 1976
DISTRICTS - HOSPITALS - CHURCHES - CONTRACTS
OPERATION OF PUBLIC HOSPITAL BY RELIGIOUS ORDER Without an express grant of statutory authority it would not be permissible for a public hospital district to contract with a private organization, including a religious order, for the operation of a hospital facility owned by such a district.
AGLO 1976 No. 19 >  March 18, 1976
DISTRICTS - FIRE PROTECTION - SEWER - CITIES AND TOWNS
SEWER DISTRICT LIABILITY FOR FIRE PROTECTION SERVICES RCW 52.36.020, requiring contracts for fire protection services to other municipalities, is inapplicable to municipal property situated within an incorporated city or town even though such property is adjacent to a fire protection district.
AGLO 1976 No. 26 >  April 5, 1976
DISTRICTS - SCHOOLS - EMPLOYEES
DIRECT DEPOSIT PAYROLL PROGRAM RCW 28A.58.730 does not permit a school district to require its employees to participate in a direct deposit payroll program established thereunder.
AGLO 1976 No. 55 >  September 10, 1976
DISTRICTS - SCHOOLS - CONTRACTS
UNIFORM COMMERCIAL CODE It is not necessary to amend RCW 28A.58.550, relating to execution of executory conditional sales contracts by school districts, to bring that statute into conformity with the uniform commercial code.
AGLO 1975 No. 12 >  February 5, 1975
DISTRICTS - SCHOOLS - ELECTIONS
BALLOT TITLES A ballot title for a school district excess levy election may exceed the twenty word limit set forth in RCW 29.27.060 only to the extent necessary to cause such title to be in compliance with RCW 84.52.054.
AGLO 1975 No. 22 >  March 5, 1975
SCHOOLS - DISTRICTS - PRIVATE AND PUBLIC - STUDENTS
STATE AID The proposed constitutional amendment in Engrossed House Joint Resolution No. 19, relating to state aid to students attending public and private schools, does not contain any authorization which would be in violation of Amendment 1 to the United States Constitution.
AGLO 1975 No. 31 >  March 19, 1975
DISTRICTS - WATER - BOARD OF COMMISSIONERS - INSURANCE
LIABILITY INSURANCE FOR WATER DISTRICT COMMISSIONERS Under RCW 57.08.105, the board of commissioners of a water district is authorized to purchase liability insurance to protect its own members against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.
AGLO 1975 No. 39 >  April 9, 1975
SCHOOLS - DISTRICTS - FUNDING
CONSTITUTIONALITY OF PUBLIC SCHOOL FUNDING SYSTEM Description of public school financing system in existence at the time of commencement of Northshore School District No. 417 v. Kinnear, 84 Wn.2d 685 (1974); resume of supreme court's decision regarding constitutionality of said system; identification of subsequent legislative changes; evaluation of probable thrust of any future litigation; listing of constitutionally valid alternative approaches to school financing.
AGLO 1975 No. 44 >  April 23, 1975
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - DISTRICTS - SCHOOLS
REGULATION OF ASSOCIATED STUDENT BODY FUNDS (1) The state superintendent of public instruction may adopt a regulation pursuant to RCW 28A.58.115 defining the term "associated student body funds" in order to identify those moneys of an associated student body which are subject to school district budget laws and other state laws relating to school district funds, including, RCW 43.09.240 and RCW 28A.59.110. (2) The state superintendent of public instruction may also adopt a regulation under RCW 28A.58.115 authorizing school districts to establish one or more ASB petty cash funds into which limited amounts of ASB funds could be transferred from time to time from the school district treasury by warrants made payable to the order of the principal of the school involved as custodian of such fund.
AGLO 1975 No. 52 >  May 21, 1975
DISTRICTS - FIRE PROTECTION - AMBULANCES
FEES Extent of and basis for fees which may be charged by a fire protection district for ambulance services under House Bill No. 62 (chapter 147, Laws of 1975, 1st Ex. Sess).
AGLO 1975 No. 55 >  May 23, 1975
DISTRICTS - SCHOOLS
QUALIFICATIONS OF SCHOOL SUPERINTENDENT Except to the limited extent provided for by RCW 28A.60.010 and 28A.01.100, involving temporary circumstances, state law does not authorize a second class school district to select either a teacher or an administrator who does not possess a superintendent's certificate to act as the superintendent or chief administrator of the school district.
AGLO 1975 No. 69 >  August 8, 1975
DISTRICTS - FIRE PROTECTION - ELECTIONS
FIRST ELECTION OF FIRE PROTECTION DISTRICT COMMISSIONERS Persons other than those nominated by the board of county commissioners under RCW 52.04.070 may be candidates for election to a board of fire protection district commissioners upon the initial formation of such a district.
AGLO 1975 No. 76 >  August 29, 1975
DISTRICTS - FIRE PROTECTION - EMPLOYEES
APPLICABILITY OF THE WASHINGTON INDUSTRIAL SAFETY AND HEALTH ACT (WISHA) TO VOLUNTEER FIREMEN The Washington industrial safety and health act (WISHA) is applicable to all volunteer firemen who are in any way monetarily compensated for their services as such ‑ including such compensation as is received by reason of their coverage as enrolled members of the volunteer firemen's relief and pension system.
AGLO 1975 No. 81 >  September 22, 1975
DISTRICTS - SCHOOLS
ATTENDANCE OF NONRESIDENT STUDENTS In order for attendance credit to be allowed to a school district for the attendance of a student under the age of 21 years who resides in another district, as provided for by § 2, chapter 66, Laws of 1975, 1st Ex. Sess., an agreement between the two school districts must first have been made in accordance with RCW 28A.58.240.
AGLO 1979 No. 16 >  March 22, 1979
DISTRICTS - FIRE PROTECTION - PUBLIC MEETINGS - PROCEDURE FOR CALLING SPECIAL MEETINGS OF FIRE PROTECTION DISTRICT COMMISSIONERS
DISTRICTS ‑- FIRE PROTECTION ‑- PUBLIC MEETINGS ‑- PROCEDURE FOR CALLING SPECIAL MEETINGS OF FIRE PROTECTION DISTRICT COMMISSIONERS
RCW 52.12.090, rather than RCW 42.30.080, governs the calling of a special meeting of a board of fire protection district commissioners; accordingly, such a meeting may be called ". . . by a majority of the commissioners or by the secretary and chairman of the board. . . ."
AGLO 1979 No. 18 >  April 16, 1979
DISTRICTS - FIRE PROTECTION - PUBLIC MEETINGS - PROCEDURE FOR CALLING SPECIAL MEETING OF FIRE PROTECTION DISTRICT COMMISSIONERS
DISTRICTS ‑- FIRE PROTECTION ‑- PUBLIC MEETINGS ‑- PROCEDURE FOR CALLING SPECIAL MEETING OF FIRE PROTECTION DISTRICT COMMISSIONERS
In view of the specific legislative directive in RCW 42.30.140, it is RCW 42.30.080 and not RCW 52.12.090 which governs the calling of a special meeting of a board of fire protection district commissioners; accordingly, such a meeting may be called by the presiding officer of the board or by a majority of the members of the board without any necessity for concurrence by the secretary to the board.
AGLO 1979 No. 41 >  December 20, 1979
DISTRICTS - SEWER - WATER - DRAINAGE - CITIES AND TOWNS - RECORDING UNDER RCW 65.08.170 AS CONDITION PRECEDENT TO IMPOSITION OF CONNECTION CHARGES
DISTRICTS ‑- SEWER ‑- WATER ‑- DRAINAGE ‑- CITIES AND TOWNS ‑- RECORDING UNDER RCW 65.08.170 AS CONDITION PRECEDENT TO IMPOSITION OF CONNECTION CHARGES Although RCW 65.08.170 requires a city, town, or other municipality (as defined in RCW 35.91.020) to record certain connection charges in the office in which deeds are recorded, neither that statute nor any other applicable law purports to set forth the legal consequences of a failure to comply or, specifically, to say that recording in any way affects the legality of those charges as between the municipality and those who tap in, or hook up, to and use the particular facilities in question; therefore, a person may not connect with or tap into sewer or water facilities without paying the connection fee even though such fee has not been recorded pursuant to RCW 65.08.170.
AGLO 1978 No. 21 >  July 19, 1978
DISTRICTS - SCHOOLS - COMPUTATION OF DIRECT CLASSROOM CONTACT HOURS
DISTRICTS ‑- SCHOOLS ‑- COMPUTATION OF DIRECT CLASSROOM CONTACT HOURS Properly interpreted, the provisions of WAC 180-16-205(4)(b) constitute a legally defensible administrative regulation of the state board of education in implementation of the requirement of RCW 28A.41.140 that annual average full time equivalent classroom teacher's direct classroom contact hours shall be at least twenty-five hours per week.
AGLO 1978 No. 22 >  July 27, 1978
DISTRICTS - PORTS - SALE OF REAL PROPERTY BY PORT DISTRICT UNDER RCW 53.08.090
DISTRICTS ‑- PORTS ‑- SALE OF REAL PROPERTY BY PORT DISTRICT UNDER RCW 53.08.090 Assuming full compliance by a port district with the procedural requirements of RCW 53.08.090, such a district may sell and convey certain described real property initially acquired by the district as a green belt and buffer zone in connection with its operation of a municipal airport; and in the absence of proof that the subject property was actually, instead, originally acquired for the purpose of resale the potential applicability of Article VIII, § 8 (Amendment 45) of the state constitution presents an entirely moot question.
AGLO 1978 No. 29 >  September 12, 1978
DISTRICTS - PORT - TAXATION - RESTRICTIONS UPON PROPERTY TAXATION BY NEWLY FORMED PORT DISTRICT
DISTRICTS ‑- PORT ‑- TAXATION ‑- RESTRICTIONS UPON PROPERTY TAXATION BY NEWLY FORMED PORT DISTRICT

(1) The 106% statutory limit on ad valorem property taxes established by RCW 84.55.010, et seq., is applicable to a tax levy imposed by a port district under RCW 53.36.020.

(2) Because of the applicability of RCW 84.55.010, et seq., to such port district property taxes, a newly formed port district will be unable to levy any property taxes under RCW 53.36.020 without first obtaining voter approval in accordance with RCW 84.55.050.

(3) Port district property tax levies are not subject to the 1% constitutional limitation contained in Article VII, § 2 of the state constitution, as amended, and for that reason they are not subject to any of the related statutory limitations contained in chapter 84.52 RCW.

AGLO 1978 No. 31 >  September 29, 1978
ELECTIONS - DISTRICTS - SEWER - IRRIGATION - MERGER OF SEWER DISTRICT WITH IRRIGATION DISTRICT - VOTER QUALIFICATIONS
ELECTIONS ‑- DISTRICTS ‑- SEWER ‑- IRRIGATION ‑- MERGER OF SEWER DISTRICT WITH IRRIGATION DISTRICT ‑- VOTER QUALIFICATIONS Under the provisions of RCW 56.02.100 and related statutes, only persons who own land within a sewer district which proposes to merge with an irrigation district in which it is contained will be qualified to vote on the question; however, this requirement could be subject to a possible constitutional challenge.
AGLO 1978 No. 36 >  November 9, 1978
DISTRICTS - SEWER - WATER - EMINENT DOMAIN - CONDEMNATION OF WATER SUPPLY LINES BY SEWER DISTRICT
DISTRICTS ‑- SEWER ‑- WATER ‑- EMINENT DOMAIN ‑- CONDEMNATION OF WATER SUPPLY LINES BY SEWER DISTRICT Where a sewer district, acting through its governing board of commissioners, has elected to construct, maintain ad operate a water supply system in accordance with RCW 56.20.015 as amended by § 9, chapter 300, Laws of 1977, such sewer district is then authorized by RCW 56.08.010 to acquire by condemnation ". . . water supply lines located within [the] district and owned by a private water company."
AGLO 1975 No. 89 >  November 17, 1975
DISTRICTS - SCHOOLS - FUNDS - CREDIT UNIONS
INVESTMENT OF SCHOOL DISTRICT FUNDS IN CREDIT UNION School district funds, including associated student body funds, may not legally be deposited in a credit union.
AGLO 1975 No. 90 >  November 24, 1975
DISTRICTS - SCHOOLS - CONTRACTS - LABOR
LEGAL STATUS OF SUBSTITUTE TEACHERS (1) An employee organization which has obtained the right, under RCW 28A.72.030, to represent the certificated employees of a school district has the right to represent substitute certificated teachers employed by that school district as well. (2) Except to the extent that the records involved are required to be made under RCW 42.17.250, et seq., (Initiative No. 276), a school district is not required to provide an employee organization with the names and addresses of its substitute teachers.
AGLO 1975 No. 94 >  December 5, 1975
DISTRICTS - SCHOOLS - PROPERTY - SALE OF SCHOOL DISTRICT PROPERTY
DISRIBUTION OF PROCEEDS Under § 2, chapter 243, Laws of 1975, 1st Ex. Sess. (RCW 28A.58.0461) proceeds derived from the sale of school district real property may not be used to pay for the acquisition of other such property.
AGLO 1975 No. 99 >  December 29, 1975
DISTRICTS - HOSPITAL - INSURANCE
LIABILITY INSURANCE FOR PUBLIC HOSPITAL DISTRICT COMMISSIONERS Under § 1, chapter 16, Laws of 1975 (RCW 36.16.138), the commissioners of a public hospital district established pursuant to chapter 70.44 RCW, may purchase liability insurance for themselves and other officers and employees of such district.
AGLO 1974 No. 4 >  January 9, 1974
DISTRICTS - FIRE PROTECTION - FEES
AMBULANCES A fire protection district which is providing ambulance services is not authorized to charge a fee for those services.
AGLO 1974 No. 5 >  January 9, 1974
DISTRICTS - FIRE PROTECTION - MUNICIPAL CORPORATIONS - CONTRACTS
CONTRACTS FOR FIRE PROTECTION SERVICES Taxing district which constitute "municipal corporations" under chapter 64, Laws of 1973, 1st Ex. Sess.; determination of the rate of compensation to be paid by a municipal corporation for fire protection services thereunder; consequences of refusal of a municipal corporation to contract with a fire protection district; municipal bids for fire protection services.
AGLO 1977 No. 7 >  February 18, 1977
OFFICES AND OFFICERS - STATE - HOSPITAL COMMISSION - DISTRICTS - HOSPITAL - APPLICABILITY OF CHAPTER 70.39 RCW TO HOSPITAL DISTRICTS
OFFICES AND OFFICERS ‑- STATE ‑- HOSPITAL COMMISSION ‑- DISTRICTS ‑- HOSPITAL ‑- APPLICABILITY OF CHAPTER 70.39 RCW TO HOSPITAL DISTRICTS

The provisions of RCW 70.39.140 et seq., under which hospital rates and related matters are regulated by the state hospital commission, are applicable to hospitals maintained and operated by public hospital districts formed under chapter 70.44 RCW.

AGLO 1977 No. 9 >  March 2, 1977
DISTRICTS - PORTS - ELECTIONS - BONDS - TAXATION - REAL PROPERTY - PASSAGE OR FAILURE OF PROPOSITION
DISTRICTS ‑- PORTS ‑- ELECTIONS ‑- BONDS ‑- TAXATION ‑- REAL PROPERTY ‑- PASSAGE OR FAILURE OF PROPOSITION

Where a port district has submitted to its voters a proposal for the issuance of general obligation bonds under RCW 53.36.030, and in order to fund those bonds has, as a part of the same proposition, sought approval by the voters of an increase in the aggregate limitation upon regular property taxes above that described in RCW 84.55.010 the entire proposition must be deemed to have been defeated by the failure of at least 60% of the voters to have cast affirmative votes.

AGLO 1974 No. 13 >  January 30, 1974
DISTRICTS - SCHOOLS - STUDENTS
COMPOSITION OF SCHOOL SAFETY PATROL UNDER RCW 46.61.385 (1) There is no minimum age below which students enrolled in a public school may not be made members of the school patrol and assigned to guard street pedestrian crossings enroute to and from school. (2) A school district may employ paid adult crossing guards. (3) A school district may utilize the services of volunteer crossing guards who are adults. (4) The distance of a street pedestrian crossing from the school grounds involved does not have any legal bearing upon the answers to any of the foregoing questions.
AGLO 1977 No. 20 >  May 3, 1977
DISTRICTS - PARK AND RECREATION - ELECTIONS - BOUNDARY REVIEW BOARD - FORMATION OF PARK AND RECREATION DISTRICT
DISTRICTS ‑- PARK AND RECREATION ‑- ELECTIONS ‑- BOUNDARY REVIEW BOARD ‑- FORMATION OF PARK AND RECREATION DISTRICT

(1) A proposition for financing a proposed park and recreation district under chapter 36.69 RCW may not be placed on the ballot at the same time as an election held on the question of formation of such a district.

(2) The formation of a park and recreation district under chapter 36.69 RCW is not subject to the jurisdiction of a county boundary review board under chapter 36.93 RCW.

(3) Formation of a park and recreation district, by itself, would not affect the administration of preexisting county parks.

AGLO 1974 No. 31 >  March 15, 1974
DISTRICTS - SCHOOLS - EMPLOYEES
CONTRACTS Where a school district has entered into a supplemental contract with a certificated employee to serve as high school principal and athletic coach, as provided for in RCW 28A.67.074, the district may not terminate that individual's employment as principal and coach during the term of such contract without compliance with RCW 28A.58.450; it may, however, elect not to renew the contract without compliance with RCW 28A.67.070.
AGLO 1973 No. 16 >  January 31, 1973
DISTRICTS - SCHOOLS - MERGER OF SCHOOL DISTRICTS - FORT LEWIS MILITARY RESERVATION - DUPONT-FORT LEWIS - CLOVER PARK
DISTRICTS ‑- SCHOOLS ‑- MERGER OF SCHOOL DISTRICTS ‑- FORT LEWIS MILITARY RESERVATION ‑- DUPONT-FORT LEWIS ‑- CLOVER PARK Chapter 63, Laws of 1972, 2nd Ex. Sess., provides the exclusive method for annexing the whole of the Fort Lewis Military Reservation to either Dupont-Fort Lewis or Clover Park School District.
AGLO 1973 No. 17 >  January 31, 1973
DISTRICTS - FIRE PROTECTION - EMPLOYEES - GROUP LIFE INSURANCE COVERAGE
DISTRICTS ‑- FIRE PROTECTION ‑- EMPLOYEES ‑- GROUP LIFE INSURANCE COVERAGE Alternative procedures available for procurement of group life insurance for employees of a fire protection district under RCW 48.24.020 and RCW 52.08.030.
AGLO 1973 No. 32 >  March 1, 1973
DISTRICTS - LOCAL IMPROVEMENT - FORMATION BY RESOLUTION OF CITY COUNCIL - PROTEST
DISTRICTS ‑- LOCAL IMPROVEMENT ‑- FORMATION BY RESOLUTION OF CITY COUNCIL ‑- PROTEST If a protest against the formation of a local improvement district in a particular city under RCW 35.43.140 is signed by property owners whose property will bear sixty percent or more of the total cost of the improvement to be assessed against and borne by property owners within the proposed district, the city must be regarded as having been divested of jurisdiction and may not proceed.
AGLO 1973 No. 38 >  March 21, 1973
DISTRICTS - PUD - COLLECTIVE BARGAINING - LABOR
DISTRICTS ‑- PUD ‑- COLLECTIVE BARGAINING ‑- LABOR A public utility district under RCW 54.04.170 and 54.04.180 may engage in collective bargaining with its employees in regard to the manner in which any reduction in the district's work force is to be accomplished, but may only agree to procedures which are consistent with its statutory authority and governing constitutional limitations.
AGLO 1973 No. 49 >  April 17, 1973
SCHOOLS - DISTRICTS - TEACHERS - LEAVES OF ABSENCE
SCHOOLS ‑- DISTRICTS ‑- TEACHERS ‑- LEAVES OF ABSENCE Under RCW 28A.67.900, a school district may grant to a teacher a one year leave of absence, unpaid, when the teacher's position is not being terminated, and at the same time hire a replacement teacher for that person, with the express agreement that the replacement will resign at the end of the year to allow the district to meet its obligation to the original teacher to reassign him in his old position which the district would have agreed to prior to the taking of the unpaid leave of absence.
AGLO 1973 No. 62 >  June 1, 1973
SCHOOLS - DISTRICTS - EMPLOYEES - INDUSTRIAL INSURANCE - WORKMEN'S COMPENSATION - ATHLETIC EVENTS
SCHOOLS ‑- DISTRICTS ‑- EMPLOYEES ‑- INDUSTRIAL INSURANCE ‑- WORKMEN'S COMPENSATION ‑- ATHLETIC EVENTS Referees, umpires, other athletic officials, ticket sellers, ticket takers, parking lot attendants and others who are employed by school districts or their student body organizations to work at interscholastic and other athletic events conducted by such districts are not excluded from the coverage of the Industrial Insurance Act by RCW 51.12.030 (3).
AGLO 1973 No. 66 >  June 15, 1973
DISTRICTS - SCHOOLS - EMPLOYEES - PENSIONS - SALARIES
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- PENSIONS ‑- SALARIES Under RCW 28A.58.100 (2) (f), which states that accumulated sick leave to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which a school district employee is eligible to retire, an employee utilizing this accumulated sick leave for that purpose is to receive no other compensation.
AGLO 1973 No. 67 >  June 15, 1973
DISTRICTS - LIBRARY - RURAL COUNTY - MEMBER OF BOARD OF TRUSTEES - RESIDENCY
DISTRICTS ‑- LIBRARY ‑- RURAL COUNTY ‑- MEMBER OF BOARD OF TRUSTEES ‑- RESIDENCY (1) A person is not required to be an inhabitant of a rural county library district in order to serve as a member of a board of trustees thereof under the provisions of RCW 27.12.040.
 
(2) RCW 42.12.010 does not operate to cause a vacancy in the office of rural county library district trustee to exist where, by reason of the annexation of a portion of the district to an adjacent city or town, a particular library trustee ceases to be an inhabitant of the district.
AGLO 1973 No. 75 >  July 16, 1973
DISTRICTS - SCHOOLS - COUNTIES - LOCAL IMPROVEMENT - PETITIONS
DISTRICTS ‑- SCHOOLS ‑- COUNTIES ‑- LOCAL IMPROVEMENT ‑- PETITIONS A school district, acting through its board of directors, may sign a petition for the formation of a utility local improvement district under RCW 36.94.230, or sign a protest petition against the formation of such a district under RCW 36.94.240.
AGLO 1974 No. 33 >  March 15, 1974
DISTRICTS - PORTS - LEASES - PROPERTY - AIRPORTS
AGRICULTURAL FARMING A port district, in leasing certain land which it owns adjacent to an airport operated by it, may restrict the lessee's use of that land to the maintenance and operation of an agricultural farm where such use is determined to be necessary in connection with the airport operation; such a district, however, may not itself engage in farming activities.
AGLO 1974 No. 42 >  April 10, 1974
DISTRICTS - SCHOOLS - BOARD MEMBERS
COSTS INCURRED IN ATTENDING BOARD MEETINGS RCW 28A.58.310 does authorize school board members to be reimbursed for actual expenses incurred in attending regular or special school board meetings, whether such meetings are in the neighborhood where the school board member lives or at any other place.
AGLO 1974 No. 48 >  April 16, 1974
DISTRICTS - SCHOOLS - INTERMEDIATE SCHOOL DISTRICT - TEACHERS
CONTRACTS(1) An intermediate school district may not contract with local school districts within its boundaries to establish and operate a special education program for handicapped children on behalf of those local districts, although it may provide support services to the district in connection with such programs.
AGLO 1974 No. 56 >  May 13, 1974
DISTRICTS - SCHOOLS - ELECTIONS - SCHOOL BOARD MEMBER - ELIGIBILITY
TRAVEL EXPENSES (1) In order to be eligible to the office of school board member a person must be a registered voter of the school district and remain an inhabitant of that area, but a mere temporary physical absence from a given area will not cause an inhabitant to cease to be one. (2) RCW 28A.58.310 contains no restriction upon payment of expenses to a school director by reason of the fact that the point of origin of whatever travel is necessary by him to attend a particular school board meeting is situated outside of the district.
AGLO 1974 No. 59 >  May 27, 1974
DISTRICTS - SCHOOLS - EMPLOYEES - CONTRACTS
WAIVER OF RIGHTS (1) A school district may not offer employment to a certificated employee under circumstances not covered by either RCW 28A.67.900 or the second paragraph of RCW 28A.67.074 by tendering a contract to that individual which contains a condition that the employee waives his rights under RCW 28A.67.070 or 28A.58.450. (2) If an employee signs such a contract, that waiver condition is not valid or enforceable.
AGLO 1974 No. 60 >  June 12, 1974
DISTRICTS - PORT - COMMISSIONERS - INSURANCE
BUSINESS RELATED INSURANCE FOR PORT COMMISSIONERS A port district may provide, and pay the premiums on, business related travel, liability, health, errors and omissions and accident insurance under RCW 53.08.170, as amended by § 1, chapter 6, Laws of 1973, 1st Ex. Sess., for its present port commissioners during the remainder of their current terms of office for the purpose of affording insurance coverage to those commissioners in the event of accidents or illnesses resulting from the performance of their official responsibilities.
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. 65 >  July 5, 1974
DISTRICTS - SCHOOLS - FUNDS - OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION
FAILURE TO CONDUCT SCHOOL FOR 180 DAYS (1) If a schools district fails to conduct school for at least 180 days by reason of a cause not constituting an "unforseen emergency" as defined in RCW 28A.41.170, the district must forfeit a pro rata portion of its annual entitlement of state apportionment funds under RCW 28A.41.130. (2) If the failure of a school district to conduct school for at least 180 days is occasioned by an "unforeseen emergency" as thus defined, the district will be eligible for its full annual entitlement of state apportionment funds if the state superintendent of public instruction has so provided by rules and regulations adopted pursuant to RCW 28A.41.170.
AGLO 1973 No. 78 >  July 23, 1973
DISTRICTS - PORT - CITIES AND TOWNS - JAILS - DETENTION FACILITY - CONSTRUCTION OF
DISTRICTS ‑- PORT ‑- CITIES AND TOWNS ‑- JAILS ‑- DETENTION FACILITY ‑- CONSTRUCTION OF

DISTRICTS ‑- PORT ‑- CITIES AND TOWNS ‑- JAILS ‑- DETENTION FACILITY ‑- CONSTRUCTION OF   A port district, acting either by itself or in concert with two cities within the corporate limits of which port facilities are located, does not have the power to construct a jail facility in which persons arrested for

AGLO 1974 No. 71 >  July 23, 1974
DISTRICTS - PORTS
AUTHORITY TO ACQUIRE PROPERTY BY LEASE A port district is authorized by RCW 53.08.010 to acquire property rights by lease.
AGLO 1974 No. 76 >  August 29, 1974
DISTRICTS - SCHOOLS - ECOLOGY
ENVIRONMENTAL IMPACT STATEMENTS INVOLVING SCHOOL CLOSURES Whether an environmental impact statement must be filed by a school board in connection with the closing of any school or other facility will depend on the facts of that particular situation and the extent of the environmental effects which the proposed action may occasion.
AGLO 1974 No. 77 >  August 30, 1974
DISTRICTS - WATER - COUNTY COMMISSIONERS
APPROVAL OF FORMATION OF WATER DISTRICT In acting upon a proposal to form a water district under RCW 57.02.040, a board of county commissioners is to make certain determinations; however, the board may properly receive and consider the advice of the appropriate state agencies in connection therewith.
AGLO 1974 No. 78 >  September 5, 1974
DISTRICTS - FIRE PROTECTION - COUNTIES - CITIES AND TOWNS - SCHOOL DISTRICTS - MUNICIPALITIES
SERVICE CHARGES FOR CERTAIN FIRE PROTECTION Chapter 126, Laws of 1974, 1st Ex. Sess., does not authorize a board of fire commissioners to impose a service charge on real and personal property owned by the state or any county or other municipal corporation which is benefited by fire protection service offered by a fire protection district.
AGLO 1974 No. 80 >  September 18, 1974
DISTRICTS - SCHOOLS - LANDS
REVERSIONARY INTEREST OF STATE IN CERTAIN LANDS ACQUIRED FOR SCHOOL SITES The provisions of RCW 79.01.780 require a reversion to the state of the interest conveyed under either RCW 79.01.096 or 79.01.770 in the event the land thus acquired has not been utilized for a school site for that seven-year period immediately preceding a given annual determination by the board of natural resources ‑ regardless of whether or not the land may have earlier been so utilized for seven previous years.
AGLO 1974 No. 86 >  October 8, 1974
COUNTIES - CITIES AND TOWNS - DISTRICTS - SCHOOLS
CONTRACTS(2) Ability of fourth class city and county to enter into agreement under the interlocal cooperation act whereby county road funds will be expended to repair and maintain a city street; the expenditure of county road funds to maintain a nonpublic roadway on school district property; applicability of interlocal cooperation act to intergovernmental disposition of school district property.
AGLO 1974 No. 101 >  December 2, 1974
DISTRICTS - LIBRARY - PROPERTY
DISPOSITION OF SURPLUS LIBRARY DISTRICT PROPERTY The board of trustees of a library district established pursuant to chapter 27.12 RCW has the power to dispose by sale of surplus property belonging to the library district.
AGLO 1975 No. 43 >  April 23, 1975
COUNTIES - DISTRICTS - HEALTH
REGULATION OF SOLID WASTE DISPOSAL Identification of unit of government of Spokane county with responsibility under chapter 70.95 for issuance of permit for operation of a sanitary landfill; applicability of site permit system provided for by RCW 70.95.170 to both "inert waste matter" and "garbage and other similar waste matters; agency required to prepare environmental impact statement with respect to sanitary landfill in Spokane county; authority of county engineer to grant or deny an application for permit to operate a sanitary landfill under RCW 70.95.170.
AGO 2009 No. 4 >  July 28, 2009
DISTRICTS - MUNICIPAL CORPORATIONS - STATUTORY AUTHORITY
Status of district or municipal corporation after legislative repeal of authorizing statutes The Legislature’s repeal of statutes authorizing the formation of water distribution districts for irrigation and governing their operation, without making provision for existing districts, resulted in the dissolution of existing districts.  Existing water distribution districts for irrigation were not reclassified as irrigation districts or water-sewer districts.
AGO 2011 No. 2 >  September 7, 2011
COUNTIES - CITIES - DISTRICTS - INTERLOCAL COOPERATION ACT - BIDS
Requirement That Local Agencies Comply With Procurement Procedures For Architectural And Engineering Services

Cities, counties, and special districts cannot contract directly with another agency for architectural and engineering services without first complying with the procurement procedures set forth in RCW 39.80, except where the legislature has granted specific statutory authority to do so.

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