Navigation Top
AGO Logo Graphic
AGO Header Image
File a Complaint
Contact the AGO
AGO Opinions with Topic: OFFICES AND OFFICERS
AGO 1970 No. 9 >  May 26, 1970
OFFICES AND OFFICERS - STATE - LABOR AND INDUSTRIES - WORKING HOURS AND CONDITIONS FOR WOMEN - CONFLICT BETWEEN FEDERAL AND STATE LAWS
OFFICES AND OFFICERS - STATE - LABOR AND INDUSTRIES - WORKING HOURS AND CONDITIONS FOR WOMEN - CONFLICT BETWEEN FEDERAL AND STATE LAWS (1) An employer in this state who is governed by Title VII of the Federal Civil Rights Act of 1964 (42 U.S.C., § 2000e 2) may not invoke the provisions of RCW 49.28.070 and WAC 296-128-440 as a justification for refusing to hire or promote women solely on the basis that the working conditions involved in the job they are seeking are such as to preclude the employment of women under such state provisions.(2) An employer who is governed by Title VII of the Federal Civil Rights Act of 1964 (42 U.S.C., § 2000e 2) is excused from compliance with the provisions of RCW 49.28.070 and WAC 296-128-440 to the extent that these state provisions are in conflict with the federal act.
AGO 1970 No. 10 >  June 3, 1970
OFFICES AND OFFICERS - STATE - LABOR AND INDUSTRIES - ELEVATOR CODE - MUNICIPALITY'S JURISDICTION
OFFICES AND OFFICERS - STATE - LABOR AND INDUSTRIES - ELEVATOR CODE - MUNICIPALITY'S JURISDICTION A municipality which had an elevator code in effect prior to 1963 may continue to assume jurisdiction over conveyances in buildings owned by the municipality itself as well as privately owned buildings; however, under RCW 70.87.050, as amended, conveyances in buildings owned by the state, a county, or a political subdivision other than the municipality itself have been placed under the jurisdiction of the department of labor and industries of the state of Washington.
AGO 1970 No. 15 >  June 25, 1970
OFFICES AND OFFICERS - STATE - DIRECTOR OF FISHERIES - AUTHORITY OF DIRECTOR OF FISHERIES TO CLOSE AN AREA TO COMMERCIAL FISHING WITHOUT ALSO CLOSING TO SPORTS FISHING
OFFICES AND OFFICERS - STATE - DIRECTOR OF FISHERIES - AUTHORITY OF DIRECTOR OF FISHERIES TO CLOSE AN AREA TO COMMERCIAL FISHING WITHOUT ALSO CLOSING TO SPORTS FISHING The director of fisheries may lawfully close a given area to commercial fishing without also closing it to sports fishing where his action is taken for the purposes of conservation and for the protection and proper management of the state's fisheries.
AGO 1970 No. 19 >  August 10, 1970
OFFICES AND OFFICERS - COUNTY - CORONERS - ELECTIONS
ELIGIBILITY FOR OFFICE WHERE OWNER OR EMPLOYEE OF FUNERAL HOME OR MORTUARY (1) The provisions of chapter 259, Laws of 1969, Ex. Sess.(RCW 36.24.175) do not operate so as presently to divest incumbent county coroners of their offices if they are owners or employees of a funeral home or mortuary.(2) Those county coroners presently holding office who are subject to the provisions of § 3, chapter 259, Laws of 1969, Ex. Sess. (RCW 36.24.175) will not be eligible to commence new terms of office in January, 1971, if they are owners or employees of a funeral home or mortuary at that time.(3) An owner or employee of a funeral home or mortuary, including an incumbent coroner, is eligible to file and run at the forthcoming 1970 election for the office of coroner in one of the counties affected by § 3, chapter 259, Laws of 1969, Ex. Sess.
AGO 1971 No. 11 >  March 3, 1971
OFFICES AND OFFICERS - COUNTY - RECALL
NUMBER OF SIGNATURES NECESSARY FOR RECALL OF COUNTY OFFICER The percentage of the total number of votes cast for all candidates for a certain King county office which is determinative of the number of voters who must sign a petition to recall the person holding such office is twenty-five percent, as provided for in RCW 29.82.060 (1).
AGO 1971 No. 12 >  March 16, 1971
OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - REGULATION OF LENGTH OF HAIR AND BEARDS WORN BY PRISONERS IN STATE PENAL INSTITUTIONS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF SOCIAL AND HEALTH SERVICES ‑- REGULATION OF LENGTH OF HAIR AND BEARDS WORN BY PRISONERS IN STATE PENAL INSTITUTIONS The provisions of RCW 36.63.130 do authorize (but do not require) the department of social and health services, acting through the superintendents of the various penal institutions under its jurisdiction, to regulate the length of hair and beards worn by convicted felons imprisoned therein, at least where such considerations as those of identification or of personal cleanliness and health are deemed by the department in the exercise of its sound administrative discretion to justify such regulation.
AGO 1971 No. 19 >  July 1, 1971
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - PARTICIPATION IN MENTAL ILLNESS HEARINGS
OFFICES AND OFFICERS ‑- COUNTY ‑- PROSECUTING ATTORNEY ‑- PARTICIPATION IN MENTAL ILLNESS HEARINGS A county prosecuting attorney has the legal obligation to appear and participate in mental illness hearings in support of an application for commitment of a person alleged to be a "mentally ill" person, based upon his endorsement of the application as provided for in RCW 71.02.090.
AGO 1990 No. 2 >  March 9, 1990
APPOINTMENT - RESIGNATION - OFFICES AND OFFICERS - DEPARTMENT OF WILDLIFE - GOVERNOR - LEGISLATURE
APPOINTMENT ‑- RESIGNATION ‑- OFFICES AND OFFICERS ‑- DEPARTMENT OF WILDLIFE ‑- GOVERNOR ‑- LEGISLATURE 1.  When the Governor appoints a Director of Wildlife pursuant to RCW 43.17.020, to serve at the pleasure of the Governor, and notifies the Senate as required by RCW 43.06.030, the Governor has exercised the power of appointment.  The appointment is complete and effective unless the Senate rejects the appointment pursuant to RCW 43.06.092. 2.  If there is a vacancy in the office of Director of Wildlife, RCW 43.17.040 allows the Governor to make a temporary appointment by either leaving the chief assistant in charge of the department or appointing an acting director.  RCW 43.17.020 prohibits the Governor from leaving such a temporary appointee in charge of the Department of Wildlife for more than one year. 3.   If a Director of Wildlife, who is not a temporary director and has not been rejected by the Senate, resigns the office, the Governor may immediately reappoint the same individual to that office.
AGO 1980 No. 13 >  May 22, 1980
OFFICES AND OFFICERS - CITY - TERMS - SALARIES
EFFECT OF RCW 29.04.170 ON TERMS AND SALARIES OF CITY OFFICERS (1) In the case of a city councilman, city treasurer, or city clerk elected in November, 1975, to fill a four-year term commencing on the second Tuesday in January, 1976, that term actually ended at midnight on December 31, 1979, as a consequence of the legislature's enactment of RCW 29.04.170. (2) As a result of this shortening of the terms of office involved, the incumbent officials holding those offices were not entitled to a full year's salary for each of the four years initially encompassed in their respective terms since the last year of their terms was shortened by approximately two weeks.
AGO 1980 No. 15 >  June 20, 1980
OFFICES AND OFFICERS - COUNTY - CORONER - DEATH
ISSUANCE OF PRESUMPTIVE DEATH CERTIFICATE Under the applicable state statutes relating to the issuance of death certificates (RCW 70.58.160-70.58.180) a county coroner does not have the authority to issue a presumptive death certificate based on circumstantial evidence where no body has been found
AGO 1971 No. 23 >  August 2, 1971
OFFICES AND OFFICERS - STATE - DEPARTMENT OF MOTOR VEHICLES - ISSUANCE OF OCCUPATIONAL DRIVERS' PERMITS - GOVERNOR'S VETO POWER
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF MOTOR VEHICLES ‑- ISSUANCE OF OCCUPATIONAL DRIVERS' PERMITS ‑- GOVERNOR'S VETO POWER On and after the effective day of chapter 284, Laws of 1971, 1st Ex. Sess., portions of which were vetoed by the governor, occupational drivers' permits can continue to be issued in this state as provided for in RCW 46.20.390.
AGO 1980 No. 16 >  July 8, 1980
OFFICES AND OFFICERS - STATE - JUDGES OF THE SUPERIOR COURT - ELECTIONS
PROCEDURE TO FILL NEW JUDGESHIPS The new superior court judgeships created by chapter 202, Laws of 1979, 1st Ex. Sess. in Pierce, Kitsap and Cowlitz Counties, which are to take effect on January 1, 1981, are not to be filled initially by gubernatorial appointment but, instead, are constitutionally required to be filled by the election process both (a) for the short term from January 1 through 12, 1981 and (b) for the regular four-year term commencing on January 12, 1981.
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 1971 No. 24 >  August 3, 1971
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - NOMINATING CERTIFICATES AT MINOR PARTY CONVENTIONS - CONFIDENTIAL INFORMATION
OFFICES AND OFFICERS ‑- STATE ‑- SECRETARY OF STATE ‑- NOMINATING CERTIFICATES AT MINOR PARTY CONVENTIONS ‑- CONFIDENTIAL INFORMATION The secretary of state may not, by the adoption of a rule or regulation, cause the names and addresses of registered voters signing nominating certificates at minor party conventions to become confidential information not open to general public inspection.
AGO 1971 No. 25 >  August 12, 1971
OFFICES AND OFFICERS - STATE - GAME COMMISSION - REGULATION OF IMPORTATION, BREEDING AND SALE OF WILD ANIMALS
OFFICES AND OFFICERS ‑- STATE ‑- GAME COMMISSION ‑- REGULATION OF IMPORTATION, BREEDING AND SALE OF WILD ANIMALS The Washington state game commission has the authority to regulate (a) the importation of and (b) the commercial breeding and sale of "wild animals" as that term is ordinarily understood and defined, even though such animals are not native to this state and are either born or raised in captivity.
AGO 1961 No. 1 >  January 16, 1961
OFFICES AND OFFICERS - COUNTY COMMISSIONERS - AUTHORITY TO LEASE AND OPERATE A FERRY
OFFICES AND OFFICERS ‑- COUNTY COMMISSIONERS ‑- AUTHORITY TO LEASE AND OPERATE A FERRY The board of county commissioners is authorized to lease and operate a ferry connecting a public highway within the county with a public highway in the state of Oregon.
AGO 1980 No. 20 >  October 10, 1980
OFFICES AND OFFICERS - CITY - POLICE - COUNTY - SHERIFF - LAW ENFORCEMENT - COMMUNICATIONS
RECORDING OF EMERGENCY PHONE CALLS TO A POLICE AGENCY (1) Under the provisions of chapter 9.73 RCW, the "incoming phone calls" exception in RCW 9.73.090(1)(a) does permit a police agency to record those incoming calls which are not of an "emergency" nature(2) Assuming the foregoing, however, care must be taken in applying the "incoming phone calls" exception in RCW 9.73.090(1)(a) where the call is received by a police agent who has deliberately induced a criminal suspect, not yet arrested or formally charged, to make an incoming call to the police agency; there, wherever the spirit or the letter of the statute dictates taped mutual consent or judicial authorization prior to recording a telephone conversation with a criminal suspect, the "incoming calls" exception could well be held inapplicable even if single party consent is present.(3) The several statutory exceptions to the Privacy Act set forth in RCW 9.73.030(2), RCW 9.73.090(1)(a), RCW 9.73.090(1)(b) and RCW 9.73.090(2) do not overlap each other in such a way as to render any such exception(s) totally duplicative of another and therefore unnecessary and superfluous.
AGO 1971 No. 28 >  September 7, 1971
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - CITY COUNCILMAN - INCOMPATIBILITY OF OFFICES AND PROSECUTING ATTORNEY AND CITY COUNCILMAN
OFFICES AND OFFICERS ‑- COUNTY ‑- PROSECUTING ATTORNEY ‑- CITY COUNCILMAN ‑- INCOMPATIBILITY OF OFFICES AND PROSECUTING ATTORNEY AND CITY COUNCILMAN The prosecuting attorney of a fourth class county may simultaneously serve as a member of the city council of a third class city located in such county.
AGO 1961 No. 2 >  January 17, 1961
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - CONSTITUTIONALITY OF LEGISLATION MAKING SUPERINTENDENT OF PUBLIC INSTRUCTION SUBORDINATE TO THE STATE BOARD OF EDUCATION
OFFICES AND OFFICERS ‑- STATE ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION ‑- CONSTITUTIONALITY OF LEGISLATION MAKING SUPERINTENDENT OF PUBLIC INSTRUCTION SUBORDINATE TO THE STATE BOARD OF EDUCATION A statute providing that the state superintendent of public instruction shall be subordinate to the state board of education and be subject to its direction in matters pertaining to the public schools would be unconstitutional.
AGO 1971 No. 30 >  October 5, 1971
OFFICES AND OFFICERS - COUNTY - DEPUTY SHERIFF - PARTICIPATION IN RETIREMENT SYSTEM - ELIGIBILITY
OFFICES AND OFFICERS ‑- COUNTY ‑- DEPUTY SHERIFF ‑- PARTICIPATION IN RETIREMENT SYSTEM ‑- ELIGIBILITY (1) Section 3, chapter 257, Laws of 1971, 1st Ex. Sess., does not prohibit a person who cannot meet the minimum medical and health standards necessary for membership in the Washington law enforcement officers' and fire fighters' retirement system from serving as a county deputy sheriff or from retaining his civil service position or rank under chapter 41.14 RCW.(2) A county deputy sheriff who cannot meet the minimum medical and health standards necessary for membership in the Washington law enforcement officers' and fire fighters' retirement system is, if otherwise eligible under RCW 41.40.120, thereby required to participate in the Washington public employees' retirement system if the county by which he is employed is an employer under that system.
AGO 1961 No. 3 >  January 20, 1961
OFFICES AND OFFICERS - COUNTY
BOARD OF COUNTY COMMISSIONERS AUTHORITY TO CONSTRUCT AND OPERATE A SPORTS STADIUM OR ARENA AND TO PURCHASE A MAJOR LEAGUE PROFESSIONAL SPORTS FRANCHISE The board of county commissioners is not granted authority by RCW 36.32.120 or 67.20.010 to construct and operate a sports stadium or arena or to purchase on behalf of the county a major league professional sports franchise including but not limited to baseball and football.
AGO 1961 No. 5 >  January 30, 1961
OFFICES AND OFFICERS - COUNTY - SHERIFF
AUTHORITY TO RECEIVE A REWARD FROM THE UNITED STATES POST OFFICE DEPARTMENT A county sheriff is prohibited by RCW 42.22.040 (2) from receiving a reward from the United States Post Office Department for the performance of services instrumental to the solution of a crime relating to the postal service, unless the matter for which the reward is offered is in no way connected with or related to his services as county sheriff.
AGO 1961 No. 10 >  February 10, 1961
OFFICES AND OFFICERS - STATE - LABOR AND INDUSTRIES
AUTHORITY TO CHANGE CLASSIFICATION OF BUSINESS OR INDUSTRY The Department of Labor and Industries is empowered to transfer a business or industry from one occupational classification to another by administrative procedure even though the occupations involved are neither insolvent nor in danger of becoming insolvent.
AGO 1961 No. 11 >  February 17, 1961
OFFICES AND OFFICERS - STATE - DIRECTOR OF FISHERIES - REGULATIONS OF INTERNATIONAL PACIFIC SALMON FISHERIES COMMISSION WHERE STATE REGULATION IS INCONSISTENT
OFFICES AND OFFICERS ‑- STATE ‑- DIRECTOR OF FISHERIES ‑- REGULATIONS OF INTERNATIONAL PACIFIC SALMON FISHERIES COMMISSION WHERE STATE REGULATION IS INCONSISTENT If the International Pacific Salmon Fisheries Commission promulgates a regulation which is contrary to a state regulation which creates a fish preserve and thereby prohibits commercial fishing in the area, the state regulation would be superseded insofar as it applied to Sockeye and Pink Salmon.
AGO 1961 No. 15 >  February 24, 1961
OFFICES AND OFFICERS - CITY - POLICE - AUTHORITY OF OFFICER TO ARREST WITHIN CITY WITH ARREST WARRANT ISSUED BY SEATTLE MUNICIPAL COURT FOR VIOLATION OF SEATTLE ORDINANCES AND ACCEPTING BAIL IN CASH OR CHECK
OFFICES AND OFFICERS ‑- CITY ‑- POLICE ‑- AUTHORITY OF OFFICER TO ARREST WITHIN CITY WITH ARREST WARRANT ISSUED BY SEATTLE MUNICIPAL COURT FOR VIOLATION OF SEATTLE ORDINANCES AND ACCEPTING BAIL IN... (1) An officer of the Seattle police department may not arrest a person within another city under authority of an arrest warrant issued by the Seattle city municipal court charging violation of Seattle ordinances (parking violations).(2) Such officer may not accept bail either in cash or by check in lieu of returning the person named in the warrant to Seattle.(3) A sheriff or his deputy from one county, without a warrant, may not enter another county and arrest a person for a felony offense previously committed in his county except where specifically authorized by statute, unless he is exercising the authority of a private individual in effecting such an arrest.
AGO 1961 No. 17 >  March 2, 1961
OFFICES AND OFFICERS - STATE - EMPLOYEES' RETIREMENT - NEW PENSION PLAN FOR SURVIVING SPOUSE
OFFICES AND OFFICERS ‑- STATE ‑- EMPLOYEES' RETIREMENT ‑- NEW PENSION PLAN FOR SURVIVING SPOUSE A statute providing that whenever any person presently receiving a retirement allowance from the state employees' retirement system shall die leaving a surviving spouse, a monthly payment shall be made to the surviving spouse in an amount equal to one‑half the retirement allowance received by the retired person during his life, would be unconstitutional.
AGO 1961 No. 21 >  April 4, 1961
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD
APPLICABILITY OF STATE CIVIL SERVICE LAW TO AGENT VENDORS Agent vendors appointed by the liquor control board under the authority of RCW 66.08.050 (2) are covered by the provisions of the state civil service law.
AGO 1961 No. 25 >  April 28, 1961
OFFICES AND OFFICERS - COUNTY - SHERIFF - AUTHORITY TO INVESTIGATE FELONY CASES IN THIRD AND FOURTH CLASS CITIES
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- AUTHORITY TO INVESTIGATE FELONY CASES IN THIRD AND FOURTH CLASS CITIES A sheriff, as chief law enforcement officer of a county, has the authority to investigate upon his own initiative all felony cases which occur within cities of the third and fourth class in his county.
AGO 1961 No. 26 >  May 2, 1961
OFFICES AND OFFICERS - COUNTY - SHERIFF - ROAD PATROLMAN AS SUBJECT TO CIVIL SERVICE
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- ROAD PATROLMAN AS SUBJECT TO CIVIL SERVICE A road patrolman employed in a dual capacity by the county commissioners and the county sheriff and who was appointed deputy sheriff prior to the effective date of Initiative No. 23 is covered by the provisions of chapter 41.14 RCW, the civil service act for sheriffs.
AGO 1961 No. 29 >  May 18, 1961
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - CHARGING OF INTEREST - DURATION OF LOAN - AUTHORITY TO TRANSFER FUNDS ON A TEMPORARY LOAN BASIS FROM ONE SOLVENT FUND TO ANOTHER SOLVENT FUND
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- AUTHORITY TO TRANSFER FUNDS ON A TEMPORARY LOAN BASIS FROM ONE SOLVENT FUND TO ANOTHER SOLVENT FUND ‑- DURATION OF LOAN ‑- CHARGING OF INTEREST (1) County funds which are neither transferable without limitation nor not transferable at all may be loaned on a temporary basis to a solvent fund.(2) The responsibility for making the loan is that of the Board of County Commissioners rather than the County Treasurer.(3) Insolvency of the borrowing fund, in the sense of no assured income within the control of the governmental body to which the fund belongs, would preclude the loan being legally made.(4) The permissive duration of a loan from one county operating fund to another may extend beyond the county fiscal period but must not be a permanent transfer.(5) The County Commissioners must charge a stated interest rate per annum to the borrowing or benefited fund.
AGO 1961 No. 30 >  May 19, 1961
OFFICES AND OFFICERS - STATE - FERRY SYSTEM - EMPLOYEES NOT SUBJECT TO STATE PERSONNEL DEPARTMENT
OFFICES AND OFFICERS ‑- STATE ‑- FERRY SYSTEM ‑- EMPLOYEES NOT SUBJECT TO STATE PERSONNEL DEPARTMENT The enactment of chapter 278, Laws of 1961, affecting the powers, duties and authority of the Washington Toll Bridge Authority and the Highway Commission did not have the effect of putting employees of the Washington State Ferry System under the jurisdiction of the Washington State Personnel Department.
AGO 1961 No. 31 >  May 26, 1961
OFFICES AND OFFICERS - COUNTY - COUNTY COMMISSIONERS - AUTHORITY UNDER CHAPTER 209, LAWS OF 1961, TO CONTRIBUTE TOWARD APPROACH TO ASTORIA-MEGLER BRIDGE - DEBT LIMITATION
OFFICES AND OFFICERS ‑- COUNTY ‑- COUNTY COMMISSIONERS ‑- AUTHORITY UNDER CHAPTER 209, LAWS OF 1961, TO CONTRIBUTE TOWARD APPROACH TO ASTORIA-MEGLER BRIDGE ‑- DEBT LIMITATION The board of county commissioners of Pacific county is legally authorized to contribute toward the cost of construction of a Washington approach to the proposed Astoria-Megler bridge, within the debt limit requirements.
AGO 1971 No. 35 >  November 17, 1971
OFFICES AND OFFICERS - COUNTY - ASSESSOR - QUALIFICATIONS FOR OFFICE OF COUNTY ASSESSOR
OFFICES AND OFFICERS ‑- COUNTY ‑- ASSESSOR ‑- QUALIFICATIONS FOR OFFICE OF COUNTY ASSESSOR The provisions of § 17, chapter 288, Laws of 1971, 1st Ex. Sess., establishing certain qualifications to be met by persons having the responsibility of valuing real property for purposes of taxation, although applicable to the assistants or deputies to a county assessor, do not apply to the county assessor himself regardless of whether he holds office by election or by appointment to fill a vacancy.
AGO 1971 No. 36 >  November 26, 1971
OFFICES AND OFFICERS - STATE - TOLL BRIDGE AUTHORITY - RESERVING OF ONE LANE OF EVERGREEN POINT BRIDGE FOR EXCLUSIVE BUS TRANSIT AND CAR POOL USE
OFFICES AND OFFICERS ‑- STATE ‑- TOLL BRIDGE AUTHORITY ‑- RESERVING OF ONE LANE OF EVERGREEN POINT BRIDGE FOR EXCLUSIVE BUS TRANSIT AND CAR POOL USE (1) The Washington toll bridge authority resolution authorizing issuance of bonds for the Evergreen Point Toll Bridge does not prohibit the highway commission from reserving a lane of the bridge for exclusive transit use.(2) RCW 47.52.025 authorizing the highway authorities of the state, counties, and cities to regulate, restrict, and prohibit the use of limited access facilities by the various classes of vehicles or traffic empowers the state highway commission to restrict the use of a highway lane across the Evergreen Point Toll Bridge for exclusive transit use.(3) Additional legislation will be required to authorize the highway commission to give preferential use of lanes to cars carrying a specified minimum number of passengers.
AGO 1961 No. 39 >  June 21, 1961
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - ORDINANCE - AUTHORITY TO CONTROL INSTALLATION OF ELECTRICAL WIRES, ETC
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- ORDINANCE ‑- AUTHORITY TO CONTROL INSTALLATION OF ELECTRICAL WIRES, ETC Under the provisions of chapter 27, Laws of 1961, boards of county commissioners may adopt such provisions of chapter 19.28 RCW as are necessary for the regulation and control of the installation of electrical wires, equipment, apparatus or appliances, including any rules or regulations relating to such installation as are presently promulgated by the department of labor and industries.
AGO 1961 No. 42 >  June 27, 1961
OFFICES AND OFFICERS - STATE - DEPARTMENT OF CONSERVATION - APPLICATION OF STATE CIVIL SERVICE LAW
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF CONSERVATION ‑- APPLICATION OF STATE CIVIL SERVICE LAW The supervisors of flood control, mineral resources, water resources, reclamation and the executive secretary of the Columbia Basin Commission and executive secretary of the soil conservation committee in the department of conservation are exempt from the provisions of the state civil service law.  The supervisor of power resources is not exempt from the state civil service law.
AGO 1972 No. 1 >  January 10, 1972
OFFICES AND OFFICERS - COUNTY - CORONER - PROSECUTING ATTORNEY - APPOINTMENT OF DEPUTY CORONERS IN CERTAIN COUNTIES
OFFICES AND OFFICERS ‑- COUNTY ‑- CORONER ‑- PROSECUTING ATTORNEY ‑- APPOINTMENT OF DEPUTY CORONERS IN CERTAIN COUNTIES (1) A prosecuting attorney of a fourth through ninth class county, in his separate capacity as county coroner under RCW 36.16.030, may appoint one or more deputy coroners with the consent of his board of county commissioners.(2) The compensation of any persons so appointed as deputy coroners is to be fixed by the board of county commissioners.(3) There is no legal requirement that a person appointed to serve as a deputy county coroner in a fourth class county be admitted to the practice of law in this state.
AGO 1981 No. 6 >  May 29, 1981
OFFICES AND OFFICERS - LEGISLATURE - MEMBERS - VACANCY
APPOINTMENT AND ELECTION OF SUCCESSOR UNDER REDISCTRCTING ACT In view of the enactment of a legislative redistricting plan by chapter 288, Laws of 1981, a certain legislative vacancy resulting from the resignation of an encumbent on May 1, 1981, is first to be filled by appointment, under Article II, § 15 (Amendment 52) of the state constitution, on the basis of the "old" district represented by the vacating encumbent; however, when a successor is elected at the November, 1981 state general election, the basis for that election will be the "new" district to which the vacating legislator was assigned under the redistricting act.
AGO 1972 No. 2 >  January 12, 1972
OFFICES AND OFFICERS - STATE - PARKS AND RECREATION COMMISSION - REGULATION OF VEHICULAR TRAFFIC ON OCEAN BEACHES
OFFICES AND OFFICERS ‑- STATE ‑- PARKS AND RECREATION COMMISSION ‑- REGULATION OF VEHICULAR TRAFFIC ON OCEAN BEACHES (1) The Washington state parks and recreation commission has the authority, under RCW 43.51.680, to regulate the times and places where automobiles may be driven on and along the ocean beach highways designated and established under RCW 79.16.130, RCW 79.16.160 and RCW 79.16.170. (2) The parks commission, in the exercise of this authority, may not totally exclude vehicular traffic from all such beaches at all times.
AGO 1961 No. 46 >  July 6, 1961
OFFICES AND OFFICERS - STATE - PUBLIC SERVICE COMMISSION
AUTHORITY TO REGULATE CONCERNING SAFETY OF EQUIPMENT AND DRIVERS OF MOTOR FREIGHT CARRIERS AND AUTO TRANSPORTATION COMPANIES The Washington public service commission has the authority to adopt and enforce rules and regulations relating to the safety of operations of motor freight carriers and auto transportation companies including the regulation of vehicle equipment and driver qualifications if such regulations are not in conflict with those of the state commission on equipment or the provisions of chapter 46.37 RCW.
AGO 1961 No. 51 >  August 2, 1961
OFFICES AND OFFICERS - STATE - GOVERNOR
AUTHORITY ACTING THROUGH DEPARTMENT OF CIVIL DEFENSE, IN COOPERATION WITH OCDM TO ENFORCE PRE‑POSITIONED ORDERS OF THE PRESIDENT OF THE UNITED STATES TO... The governor, acting through the state department of civil defense in cooperation with the federal office of civil defense and defense mobilization, is authorized to enforce pre‑positioned orders of the United States which would prohibit the sale of food, petroleum and other essential consumer items for five days in the event of an actual attack on this country by hostile forces.
AGO 1981 No. 17 >  November 5, 1981
OFFICES AND OFFICERS - STATE - LEGISLATORS - SALARIES
CONSTITUTIONALITY OF RESCISSION OF PROSPECTIVE PAY RAISES The legislature may not constitutionally cancel, or rescind, prospective salary increases for its own members which are payable during the remainder of their current terms of office and which were provided for by a law that had already been enacted and taken effect before those current terms began.
AGO 1981 No. 18 >  November 18, 1981
OFFICES AND OFFICERS - STATE - STATE BOARD FOR COMMUNITY COLLEGE EDUCATION - COMMUNITY COLLEGES
RESPECTIVE POWERS OF COLLEGE BOARD AND LOCAL BOARDS OF TRUSTEES (1) The State Board for Community College Education has the authority, under RCW 28B.50.090, to (a) specify the number of days in an academic year or quarter in which instruction must be offered by each of the various community colleges; (b) define the number of hours of instruction that must be provided as the basis for counting a unit of academic credit for state funding purposes; (c) prescribe the maximum number of academic credit units per each particular class that are allowed to be counted for a particular degree or certificate by students enrolled in the various courses offered by the community colleges; and (d) designate a class or course involving students who are repeating a course previously completed and reduce a college's state funded enrollment count by such repeat enrollments.(2) The State Board for Community College Education does not have the authority, under RCW 28B.50.090, to (a) change the academic year for all community colleges from a quarter plan to a semester or a trimester plan; or (b) establish a minimum number of days of compensable service to be rendered by faculty and administrators employed by the community colleges.(3) To the extent that the State Board for Community College Education determines that accomplishment of the goals described in RCW 28B.50.090(3) requires either or both of those courses of action, the College Board may (a) direct a particular community college to alter its mix of courses in a manner that would make its overall curriculum more comprehensive; and (b) direct a particular community college to terminate a given course or program either because it is deemed to be unproductive (i.e., low enrollment or few completions) or because such termination would enhance the comprehensiveness of the total curriculum.
AGO 1981 No. 19 >  November 20, 1981
OFFICES AND OFFICERS - STATE - CONTRACTS - ARCHITECTURAL AND ENGINEERING SERVICES
ARCHITECTURAL AND ENGINEERING SERVICES State agencies which contract for architectural and engineering services pursuant to chapter 61, Laws of 1981 are not thereby exempt from filing such contracts with the Office of Financial Management under the provisions of chapter 39.29 RCW.
AGO 1972 No. 12 >  June 13, 1972
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE - LIQUOR - AGE REQUIREMENT FOR CERTAIN CIVIL SERVICE EMPLOYEES
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- CIVIL SERVICE ‑- LIQUOR ‑- AGE REQUIREMENT FOR CERTAIN CIVIL SERVICE EMPLOYEES A county civil service commission for sheriff's office employees, organized and operating under the provisions of chapter 41.14 RCW, may not promulgate a blanket regulation excluding persons otherwise qualified under RCW 41.14.100 from making application for any civil service position in a sheriff's department, regardless of its duties, on the basis of their being less than twenty-one years of age and thus not legally able to enter a tavern for law enforcement purposes; however, in those selected classes of positions which require the employee to enter taverns for these purposes, a requirement that the applicant be at least twenty-one years of age, and thus legally able to enter a tavern, would be valid.
AGO 1982 No. 8 >  June 17, 1982
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - EMPLOYEES - CIVIL SERVICE
ADOPTION AND IMPLEMENTATION OF COUNTY PERSONNEL SYSTEM There is no authority, under existing state law, for the adoption and implementation, by the board of county commissioners of a noncharter county, of a county personnel system covering the employment, compensation, subsequent promotion, suspension or discharge of all county employees‑-including those appointed by other, independent, county elected officials; there are, however, certain limited actions which may be taken in this area pursuant to a joint agreement between all affected county offices.
AGO 1982 No. 10 >  July 20, 1982
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - COMMISSIONERS - SALARIES - ELECTIONS
ESTABLISHMENT OF FULL-TIME PROSECUTOR'S OFFICE IN FIFTH THROUGH NINTH CLASS COUNTY The board of county commissioners of a fifth through ninth class county may not, simply by making a public announcement to that effect prior to the period for candidates' filings, cause the office of county prosecuting attorney to become a full-time office so as to prohibit the candidate then duly elected to that office from thereafter engaging in the private practice of law.
AGO 1972 No. 18 >  August 22, 1972
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD - LICENSES
OFFICES AND OFFICERS ‑- STATE ‑- LIQUOR CONTROL BOARD ‑- LICENSES (1) The Washington state liquor control board probably does not possess the requisite authority, under existing statutes, to adopt and enforce a regulation disqualifying from class H licensure those private clubs which are governed by a written constitution, bylaw or house rule excluding persons from membership or use of the club's facilities because of race, creed, color or national origin. (2) The legislature may constitutionally grant to the liquor control board the requisite statutory authority to adopt such a regulation.
AGO 1972 No. 19 >  September 11, 1972
OFFICES AND OFFICERS - STATE - COMMUNITY COLLEGES - CIVIL SERVICE - RETIREMENT - ESTABLISHMENT OF MANDATORY RETIREMENT AGE FOR STATE CIVIL SERVICE EMPLOYEES
OFFICES AND OFFICERS ‑- STATE ‑- COMMUNITY COLLEGES ‑- CIVIL SERVICE ‑- RETIREMENT ‑- ESTABLISHMENT OF MANDATORY RETIREMENT AGE FOR STATE CIVIL SERVICE EMPLOYEES The board of trustees of a community college may not adopt a rule establishing a mandatory retirement age of 65 years for all of its classified civil service employees who are also members of the Washington public employees' retirement system, without regard to the particular jobs which they hold.
AGO 1982 No. 16 >  December 9, 1982
OFFICES AND OFFICERS - COUNTY - COMPENSATION
SALARY INCREASES FOR OFFICERS OF HOME RULE CHARTER COUNTY WHO FIX THEIR OWN COMPENSATION The provisions of Article XI, § 8 (Amendment 57) of the state constitution which prohibit the salaries of those county officers who fix their own compensation from being increased, or diminished, after their election or during their term of office are applicable even in the case of a county which has adopted a home rule charter pursuant to Article XI, § 4 (Amendment 21).
AGO 1972 No. 20 >  September 12, 1972
OFFICES AND OFFICERS - STATE - COMMISSIONER OF PUBLIC LANDS - FUNDS - PUBLIC RECORDS
OFFICES AND OFFICERS ‑- STATE ‑- COMMISSIONER OF PUBLIC LANDS ‑- FUNDS ‑- PUBLIC RECORDS The records of funds deposited by the commissioner of public lands in approved state depositories, pursuant to RCW 43.85.130 and 43.85.140, are available for public inspection in accordance with RCW 43.88.200.
AGO 1972 No. 25 >  November 30, 1972
OFFICES AND OFFICERS - STATE - GOVERNOR - VETO POWER - LOTTERIES
OFFICES AND OFFICERS‑-STATE‑-GOVERNOR‑-VETO POWER‑-LOTTERIES The veto power of the governor is applicable to a bill authorizing lotteries passed by a sixty percent majority of the members of both houses of the legislature under Article II, § 24 of the state Constitution, as amended by SJR No.5, unless such bill, upon passage, is, instead, submitted to the electors as a referendum under Article II, § 1 (Amendment 7).
AGO 1972 No. 29 >  December 22, 1972
OFFICES AND OFFICERS - STATE - MUNICIPAL - REPORTS OF FINANCIAL INTERESTS - REPORTING PERIOD
OFFICES AND OFFICERS ‑- STATE ‑- MUNICIPAL ‑- REPORTS OF FINANCIAL INTERESTS ‑- REPORTING PERIOD (1) The reports of financial interests which are required from certain candidates for public office and elected officials under § 24 of Initiative No. 276 are to be filed with the Public Disclosure Commission at the office of the secretary of state. (2) The first reports of the financial interests of elected officials reporting as such (and not as candidates) under § 24 of Initiative No. 276 will not be due until January 31, 1974, and these reports will cover the twelve‑month period beginning on January 1, 1973, and ending on December 31, 1973. (3) An individual who holds two or more elected offices, each of which would necessitate his filing a report of financial interests under § 24 of Initiative No. 276 if held separately, need not file separate reports for each such office.
AGO 1973 No. 1 >  January 3, 1973
OFFICES AND OFFICERS - PUBLIC - ATTORNEYS - FINANCIAL REPORTING
OFFICES AND OFFICERS ‑- PUBLIC ‑- ATTORNEYS ‑- FINANCIAL REPORTING Under § 24 of Initiative No. 276, requiring periodic reports of the financial interests of candidates and elected officials (except President, Vice‑President and precinct committeemen), a candidate or elected official who is an attorney must include in his report:   (a) The names of all clients from whom he received any compensation during the reporting period for preparing, promoting, or opposing legislation, rules, rates, or standards, together with the amounts of such compensation; and  (b) The names of all of his own governmental, corporate or other business clients from whom he received compensation of $500 or more during the reporting period, together with the approximate amount of such compensation (as described in § 24 (2)) and the consideration therefor; and  (c) If a member of a law firm, the names of all of the firm's governmental, corporate or other business clients from whom the firm received $500 or more during the reporting period ‑ and the consideration therefor; and (d) The name of any "clients" by which the candidate or elected official-attorney was actually employed as a salaried employee during the reporting period.
AGO 1973 No. 6 >  February 9, 1973
OFFICES AND OFFICERS - STATE - MUNICIPAL - IRRIGATION DISTRICTS - REPORTS OF FINANCIAL INTEREST UNDER INITIATIVE NO. 276
OFFICES AND OFFICERS ‑- STATE ‑- MUNICIPAL ‑- IRRIGATION DISTRICTS ‑- REPORTS OF FINANCIAL INTEREST UNDER INITIATIVE NO. 276 (1) The members of the board of directors of an irrigation district are "elected officials" within the meaning of § 24 of Initiative No. 276, requiring annual reports of the financial interests of elected officials. (2) Section 24 (1) (b) of Initiative No. 276 which requires the reports of a candidate or elected official to disclose certain financial interests does not include financial interests in tangible personal property but it is, instead, limited to such interests in intangible personalty. (3) Section 24 (1) (b) of Initiative No. 276 only requires the reporting of financial interests in excess of $5,000 in a bank or savings account or cash surrender value of any insurance policy, or in excess of $500 in other items of intangible personal property; it does not require the lumping together of separate items in any given class which themselves have a lesser value so as to require reporting if the aggregate value of all items in the class exceeds the applicable minimum reportable amount.
AGO 1983 No. 3 >  March 17, 1983
OFFICES AND OFFICERS - CITIES AND TOWNS - FIRE PROTECTION DISTRICTS - INCOMPATIBILITY OF OFFICES
CITY COUNCIL MEMBER AND DISTRICT FIREFIGHTER Neither the common law doctrine of incompatible public offices nor any other state law precludes a person from simultaneously serving as a member of the council of a city or town proposing to be annexed by a fire protection district and as a paid or volunteer firefighter for the subject district.
AGO 1983 No. 11 >  June 7, 1983
OFFICES AND OFFICERS - SECRETARY OF STATE - ELECTIONS - RECORDS
POLITICAL PARTIES' COSTS OF STATE‑WIDE COMPUTER TAPE OF REGISTERED VOTERS In providing the state central committee of each major political party with a duplicate copy of the master state‑wide computer tape or data file of registered voters ". . . at actual duplication costs, . . ." as required by RCW 29.04.160, the Secretary of State may not include in the charge the amounts his office was required to pay each county, in accordance with RCW 29.04.150, for a duplicate computer tape or data file of its records of registered voters in that county.
AGO 1983 No. 12 >  June 20, 1983
OFFICES AND OFFICERS - STATE - BOARD OF PHARMACY - DRUGS - DRUGGISTS - PHARMACISTS - CONTROLLED SUBSTANCES
REGULATION OF THE DISPENSING OF LENGEND DRUG AND CONTROLLED SUBSTANCES (1) Although RCW 18.64.020 prohibits the practice of pharmacy by persons other than licensed pharmacists, it is nevertheless lawful for certain practitioners other than licensed pharmacists (generally those who are authorized to prescribe such drugs) also to dispense both legend drugs and controlled substances. (2) The State Board of Pharmacy is authorized by statute to promulgate rules governing the dispensing of drugs by those other persons, as well as by licensed pharmacists.
AGO 1983 No. 19 >  September 30, 1983
OFFICES AND OFFICERS - COUNTY - TREASURER - FUNDS - BANKS AND BANKING - DEPOSITARIES
DEPOSIT OF CERTAIN MUNICIPAL FUNDS IN SAVINGS AND LOAN ASSOCIATIONS (1) A county treasurer continues to be authorized to invest funds under his/her control within the provisions of RCW 36.29.020 in savings or time accounts in mutual savings banks or savings and loan associations up to the insurance limits afforded such accounts by the Federal Savings and Loan Insurance Corporation even though the particular institution has not also been approved as a qualified depositary under chapter 66, Laws of 1983‑-except to the extent that specific statutes which were repealed or amended by chapter 66 might come into play. (2) Consideration, and identification, of certain specific municipal funds which, by virtue of the enactment of chapter 66, Laws of 1983, may no longer be invested or deposited with thrift institutions which have not been approved as qualified public depositaries.
AGO 1983 No. 22 >  October 20, 1983
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - CRIMES
COST OF LIVING INCREASES UNDER CRIME VICTIMS' COMPENSATION LAW 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 1983 No. 23 >  November 2, 1983
OFFICES AND OFFICERS - STATE - DEPARTMENT OF ECOLOGY - WATER - POLLUTION
RELATIONSHIP BETWEEN FEDERAL AND WASTE DISCHARGE PERMITS (1) The Department of Ecology may not concur in the proposed issuance of a wate discharge permit by the United States Environmental Protection Agency under § 301(h) of the Federal Clean Water Act if the proposed federal permit contains effluent quality limitations which require less waste treatment than is required under state law. (2) A municipality is required to obtain a waste discharge permit from the Department of Ecology under RCW 90.48.162 prior to discharge of its sewerage wastes into marine waters of the state even though the municipality already holds a waste discharge permit issued by the Environmental Protection Agency under § 301(h) of the Federal Clean Water Act which was concurred in by the Department of Ecology under that provision. (3) The Department of Ecology is not precluded by federal law from including in a state permit such waste treatment requirements, mandated by state law, as are more stringent than those contained in a permit which was issued by the Environmental Protection Agency without express state concurrence. (4) While state law does not expressly prohibit a municipality from discharging wastes from its sewerage system into Puget Sound, or other marine waters, without providing secondary treatment, all waste proposed for discharge into such waters must be provided with "all known, available, and reasonable methods of treatment" prior to being discharged into those waters‑-regardless of the quality of the water.
AGO 1983 No. 26 >  November 23, 1983
OFFICES AND OFFICERS - STATE - HOSPITAL COMMISSION - HOSPITALS - RATES
AUTHORITY OF HOSPITAL COMMISSION TO ESTABLISH BILLING SYSTEMS FOR REGULATED HOSPITALS (1) The Washington State Hospital Commission is not authorized to require hospitals to provide it with data involving diagnosis, procedures, age and sex of patients, total charges and file tracer numbers, unrelated to any currently authorized function or activity of the commission.(2) The Hospital Commission may not, under current law, require hospitals to bill their patients and/or payors on the basis of prospective fixed charges for a particular treatment as opposed to charges based on actual goods and services rendered.(3) The Hospital Commission may not, under current law, require all payors, including health care contractors, indemnity insurance carriers, and self-insured or private payors, to reimburse hospitals on the basis of prospective fixed charges for a particular treatment as opposed to charges based on actual goods and services rendered.(4) Assuming a system of reimbursement based upon prospective fixed charges for a particular treatment, the Hospital Commission may not, under current law, permit a hospital to retain excess revenues generated as a result of cost efficient practices by the hospital.
AGO 1983 No. 27 >  December 2, 1983
OFFICES AND OFFICERS - STATE - WASHINGTON STATE CONVENTION AND TRADE CENTER - CIVIL SERVICE - EMPLOYEES
CIVIL SERVICE STATUS OF EMPLOYEES OF STATE CONVENTION AND TRADE CENTER (1) The Washington State Convention and Trade Center corporation which was created pursuant to § 2, chapter 34, Laws of 1982 to construct and operate the State convention and Trade Center is a state agency for purposes of the state civil service law, chapter 41.06 RCW.(2) Identification, based upon the foregoing conclusion, of those offices or positions within the corporation which are, nevertheless, exempt from civil service coverage under RCW 41.06.070.
AGO 1983 No. 28 >  December 6, 1983
OFFICES AND OFFICERS - STATE - BOARD OF NURSING - NURSES - COLLEGES AND UNIVERSITIES - COMMUNITY COLLEGES
STANDARDS FOR NURSING SCHOOLS The act regulating the practice of physical therapy, chapter 18.74 RCW, does not exempt masseurs from the prohibitions contained therein nor are they exempt from similar prohibitions found in acts regulating other branches of practice within the healing arts.
AGO 1973 No. 16 >  July 17, 1973
OFFICES AND OFFICERS - COUNTY - BOARD OF EQUALIZATION - TAXATION - JURISDICTION OF COUNTY BOARD OF EQUALIZATION TO INCREASE PROPERTY TAX VALUATION WITHOUT NOTICE
OFFICES AND OFFICERS ‑- COUNTY ‑- BOARD OF EQUALIZATION ‑- TAXATION ‑- JURISDICTION OF COUNTY BOARD OF EQUALIZATION TO INCREASE PROPERTY TAX VALUATION WITHOUT NOTICE A voluntary appearance by a taxpayer before a county board of equalization, when made pursuant to RCW 84.48.010 for the sole purpose of seeking a reduction in the assessed valuation of a certain parcel of real property, does not give the board jurisdiction to increase the valuation of the subject property without advance notice.
AGO 1983 No. 30 >  December 13, 1983
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - CORPORATIONS
INVOLUNTARY DISSOLUTION OF CORPORATIONS FOR FAILURE TO PAY ANNUAL LICENSE FEES. (1) The earliest date upon which the Secretary of State may send a notice of delinquency to a corporation failing to pay its annual license fee is the first day of delinquency; i.e., the day following the last day permitted for timely payment. (2) The minimum amount of time which must elapse before the Secretary of State is to administratively dissolve the corporation for nonpayment of its annual license fee is a period of sixty-five days from the date of mailing the notice of delinquency referred to in RCW 23A.28.125.
AGO 1961 No. 53 >  August 10, 1961
OFFICES AND OFFICERS - STATE - BOARD AGAINST DISCRIMINATION - DEPARTMENT OF LABOR AND INDUSTRIES - AUTHORITY UNDER CHAPTER 100, LAWS OF 1961
OFFICES AND OFFICERS ‑- STATE ‑- BOARD AGAINST DISCRIMINATION ‑- DEPARTMENT OF LABOR AND INDUSTRIES ‑- AUTHORITY UNDER CHAPTER 100, LAWS OF 1961 (1) The board against discrimination has the exclusive authority to administer complaints alleging discrimination because of age. (2) Chapter 49.08 RCW does not authorize the department of labor and industries to adjust differences between employer and employee resulting from discrimination because of age. (3) The department of labor and industries has exclusive authority to approve age limits established by employers or licensing agencies pursuant to § 5, chapter 100, Laws of 1961. (4) Chapter 100, Laws of 1961, prohibits discrimination because of age only with respect to persons between the age of forty and sixty-five years. (5) Chapter 100, Laws of 1961, applies only to those employers who have eight or more employees and are not religious or sectarian organizations organized for private profit.
AGO 1973 No. 20 >  September 20, 1973
OFFICES AND OFFICERS - COUNTIES - SALARIES - AUTHORITY TO FIX SALARIES OF COUNTY ELECTED OFFICIALS
OFFICES AND OFFICERS ‑- COUNTIES ‑- SALARIES ‑- AUTHORITY TO FIX SALARIES OF COUNTY ELECTED OFFICIALS (1) Chapter 88, Laws of 1973, Ex. Sess., authorizes the legislative authorities of all classes of counties to increase or decrease the salaries of those county officers whose salaries are fixed by its provisions. (2) Under Article XXX, § 1 (Amendment 54) of the state Constitution, prohibiting mid-term salary increases for elective and appointive officers who fix their own compensation, a board of county commissioners or other legislative authority may not grant a mid-term increase in compensation to its own members under chapter 88, Laws of 1973, Ex. Sess. (3) A board of county commissioners or other legislative authority exercising the powers granted by chapter 88, Laws of 1973, Ex. Sess., is effectively authorized by this chapter to fix the salaries of its other elective officials at or above their current levels by an ordinance adopted prior to January 1, 1974, but it may not reduce any of those salaries below those levels. (4) After January 1, 1974, a board of county commissioners or other county legislative authority which by inaction has simply allowed the new salary levels fixed by the legislature to take effect most likely will not be able then to roll those salaries back to their prior levels in the case of any county elective officials then serving ‑ except on a basis which will cause those salary decreases not to take effect until the commencement of the next ensuing terms of the respective county officers.
AGO 1961 No. 58 >  August 29, 1961
OFFICES AND OFFICERS - STATE - TOLL BRIDGE AUTHORITY - APPLICATION OF RCW 47.56.220 TO PROPOSED CONSTRUCTION OF THE GOVERNMENT ISLAND BRIDGE ACROSS THE COLUMBIA RIVER
OFFICES AND OFFICERS ‑- STATE ‑- TOLL BRIDGE AUTHORITY ‑- APPLICATION OF RCW 47.56.220 TO PROPOSED CONSTRUCTION OF THE GOVERNMENT ISLAND BRIDGE ACROSS THE COLUMBIA RIVER (1) The provisions of RCW 47.56.220 barring the construction of other bridges within ten miles of an existing span, would be applicable to the proposed government island bridge if the bonds for such project were issued by the Washington toll bridge authority, but would not be applicable to toll bridge bonds issued by class A and first class counties, by port districts, or by the state of Oregon, or any of its subdivisions. (2) If the government island toll bridge bonds are issued under the toll bridge authority, making RCW 47.56.220 applicable, a waiver by the bondholders to permit the construction of other bridges under certain conditions could be incorporated in the toll bridge authority's bond resolution.  If the proposed bridge be of a federal character the waiver by the bondholders should be included in the bond resolution.
AGO 1973 No. 24 >  November 29, 1973
OFFICES AND OFFICERS - CITY COUNCILMEN - FIREMEN - INCOMPATIBLE OFFICES - CITY COUNCILMAN AND MEMBER OF A FIRE DEPARTMENT
OFFICES AND OFFICERS ‑- CITY COUNCILMEN ‑- FIREMEN ‑- INCOMPATIBLE OFFICES ‑- CITY COUNCILMAN AND MEMBER OF A FIRE DEPARTMENT The members of a board of county commissioners, during the remainder of the terms of office they were serving on the effective date of the salary increases granted by the legislature in chapter 88, Laws of 1973, 1st Ex. Sess., may receive those legislatively granted increases; they may not, however, constitutionally receive mid-term increases in such health care benefits as they have provided for themselves and other county officers and employees under the provisions of RCW 41.04.180.
AGO 1961 No. 60 >  August 31, 1961
OFFICES AND OFFICERS - COUNTY - BOARD OF COUNTY COMMISSIONERS - PLANNING ENABLING ACT - ZONING RESOLUTIONS - ELECTIONS
OFFICES AND OFFICERS ‑- COUNTY ‑- BOARD OF COUNTY COMMISSIONERS ‑- PLANNING ENABLING ACT ‑- ZONING RESOLUTIONS ‑- ELECTIONS There is no provision under the planning enabling act (chapter 36.70 RCW) for holding an election on the acceptance or rejection of a zoning resolution and land use map.
AGO 1961 No. 62 >  September 14, 1961
OFFICES AND OFFICERS - COUNTY - BOARD OF COUNTY COMMISSIONERS
OFFICES AND OFFICERS ‑- COUNTY ‑- BOARD OF COUNTY COMMISSIONERS ‑- AUTHORITY TO ABOLISH OR REGULATE THE USE OF GASOLINE AND/OR ELECTRIC MOTORS ON LAKES IN KING COUNTY ‑- ACQUISITION OF LAND BY... (1) and (2) The board of county commissioners does not have the authority to prohibit the use of motorboats upon nonnavigable lakes but may enact ordinances which reasonably regulates the speed and other activities of such motorboats so long as such ordinances are consistent with state regulations embodied in RCW 88.12.010. (3) The board of county commissioners should follow the provisions of RCW 36.32.120 (7) in establishing such regulations. (4) The ownership by the state or a county of property abutting a nonnavigable lake does not affect the authority of the board of county commissioners to regulate the use of motor-powered watercraft on such waters.
AGO 1961 No. 66 >  September 29, 1961
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - MERGER AGREEMENT - AUTHORITY TO FILE RESCISSION THEREOF
OFFICES AND OFFICERS ‑- STATE ‑- SECRETARY OF STATE ‑- MERGER AGREEMENT ‑- AUTHORITY TO FILE RESCISSION THEREOF (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 1961 No. 67 >  October 2, 1961
OFFICES AND OFFICERS - STATE - PUBLIC SERVICE COMMISSION - INTERPRETATION OF "CARRIERS" AS USED IN CHAPTER 295, LAWS OF 1961
OFFICES AND OFFICERS ‑- STATE ‑- PUBLIC SERVICE COMMISSION ‑- INTERPRETATION OF 'CARRIERS' AS USED IN CHAPTER 295, LAWS OF 1961 (1) RCW 59.18.270 does not require a landlord to maintain separate account for each tenant's security deposit; accordingly, the landlord may maintain a single account for the security deposits of all his tenants.  (2) If interest is earned through the investment of a tenant's security deposit, that interest belongs to the tenant.  (3) Interest earned on a tenant's security deposit may be retained by the landlord as a part of his rental charges for the premises involved if express provision to that effect is included in the rental agreement.
AGO 1961 No. 69 >  October 3, 1961
OFFICES AND OFFICERS - COUNTY TREASURER - INVESTMENT OF MUNICIPAL FUNDS - EFFECT OF CHAPTER 123, LAWS OF 1961, AND CHAPTER 254, LAWS OF 1961
OFFICES AND OFFICERS ‑- COUNTY TREASURER ‑- INVESTMENT OF MUNICIPAL FUNDS ‑- EFFECT OF CHAPTER 123, LAWS OF 1961, AND CHAPTER 254, LAWS OF 1961 (1) The investment service fee payable to the county treasurer under chapters 123 and 254, Laws of 1961, can be imposed only upon investments authorized by governing bodies of municipal corporations subsequent to the effective dates of the acts. (2) Chapter 123, Laws of 1961, does not amend § 1, chapter 29, Laws of 1945 (cf. RCW 28.51.120) to allow investment income from school building fund investments to be credited to any other fund than the building fund of the district, nor to permit the county treasurer, rather than the board of directors of a school district, to select the type of investment in which building funds may be invested. (3) The provisions of chapters 123 and 254, Laws of 1961, require payment of the specified investment service fee on school district building fund investments, after termination of the investment when the interest or earnings becomes available to the district. (4) Chapter 123, Laws of 1961, is by its terms applicable to school districts only.  The only effect of chapter 254, Laws of 1961, upon the investment powers and duties of water districts is the requirement that the investment service fee be charged against water district fund investments made by the county treasurer in savings and loan associations and in short term United States government securities.
AGO 1961 No. 70 >  October 9, 1961
OFFICES AND OFFICERS - COUNTY TREASURER - AUTHORITY TO COLLECT ASSESSMENT ROLL SERVICE CHARGE UNDER § 1, CHAPTER 270, LAWS OF 1961
OFFICES AND OFFICERS ‑- COUNTY TREASURER ‑- AUTHORITY TO COLLECT ASSESSMENT ROLL SERVICE CHARGE UNDER § 1, CHAPTER 270, LAWS OF 1961 There is no state law which prohibits a political party in this state from endorsing a candidate in the primary election since such "endorsement" of a political party cannot exclude others from filing for the same office at the primary as a candidate of the same political party.
AGO 1961 No. 73 >  October 24, 1961
OFFICES AND OFFICERS - COUNTY COMMISSIONERS - POWER TO FIND AND DECLARE A PUBLIC EMERGENCY AND MAKE EMERGENCY APPROPRIATIONS
OFFICES AND OFFICERS ‑- COUNTY COMMISSIONERS ‑- POWER TO FIND AND DECLARE A PUBLIC EMERGENCY AND MAKE EMERGENCY APPROPRIATIONS Where in accordance with a prior agreement an individual transfers separately owned real estate to a grantee by a deed reciting consideration of love and affection and the grantee pursuant to the same agreement then executes a deed setting forth the same consideration and transferring the title back to the grantor and another person as joint tenants the real estate excise tax does not apply.
AGO 1961 No. 74 >  October 31, 1961
OFFICES AND OFFICERS - COUNTY TREASURER - INVESTMENT OF MUNICIPAL FUNDS - DEPOSIT OF SERVICE FEE UNDER CHAPTER 254, LAWS OF 1961
OFFICES AND OFFICERS ‑- COUNTY TREASURER ‑- INVESTMENT OF MUNICIPAL FUNDS ‑- DEPOSIT OF SERVICE FEE UNDER CHAPTER 254, LAWS OF 1961 The additional pension benefit provided under § 2, chapter 286, Laws of 1961, for supreme and superior court judges who serve more than eighteen years in the aggregate is not payable to a judge who had retired from service under RCW 2.12.010 prior to June 8, 1961.
AGO 1961 No. 76 >  November 14, 1961
OFFICES AND OFFICERS - COUNTY COMMISSIONERS - AUTHORITY TO RENT ROAD EQUIPMENT
OFFICES AND OFFICERS ‑- COUNTY COMMISSIONERS ‑- AUTHORITY TO RENT ROAD EQUIPMENT (1) The substantive provisions of §§ 1 through 7 of chapter 40, Laws of 1973, 2nd Ex. Sess., redefining the standards to be applied in determining the eligibility of certain property for an exemption from property taxation, apply to assessments made in 1973 for taxes due and payable in 1974. (2) The procedural requirements of §§ 9 through 19 of chapter 40, Laws of 1973, 2nd Ex. Sess., under which the function of determining the eligibility of property for a tax exemption is, henceforth, to be performed by the state department of revenue instead of the various county assessors and boards of equalization, do not apply in the case of assessments made in 1973 for taxes due and payable in 1974. (3) The remedies available under existing law for taxpayers who, during 1974, received tax statements covering properties which qualify for an exemption under §§ 1 through 7, chapter 40, Laws of 1973, 2nd Ex. Sess., include a request for cancellation of the assessment as provided for in RCW 84.56.400, a suit for a refund pursuant to chapter 84.68 RCW, or an injunction under RCW 84.68.010 (2). (4) The provisions of § 21, chapter 40, Laws of 1973, 2nd Ex. Sess., making a general fund appropriation to the department of revenue to administer the provisions of this new property tax exemption law, do not authorize that department to reimburse the counties for their costs incurred in determining property tax exemptions during the 1973 assessment year.
AGO 1974 No. 1 >  January 16, 1974
OFFICES AND OFFICERS - COUNTY - CITY - CRIMES - RECORDS
OFFICES AND OFFICERS ‑- COUNTY ‑- CITY ‑- CRIMES ‑- RECORDS The provisions of § 4 (1), chapter 202, Laws of 1973, 1st Ex. Sess., do not prohibit persons obtaining specific investigative information regarding organized crime activities by reason of their public employment with the state of Washington or its political subdivisions from divulging that information to nonlaw enforcement agencies such as mayors, city councils, licensing departments, legislative committees or other regulatory bodies when called upon to do so in the performance of their official functions and duties.
AGO 1974 No. 6 >  February 13, 1974
OFFICES AND OFFICERS - COUNTY - ASSESSOR - TAXATION - REAL PROPERTY - EXEMPTIONS
OFFICES AND OFFICERS ‑- COUNTY ‑- ASSESSOR ‑- TAXATION ‑- REAL PROPERTY ‑- EXEMPTIONS (1) The substantive provisions of §§ 1 through 7 of chapter 40, Laws of 1973, 2nd Ex. Sess., redefining the standards to be applied in determining the eligibility of certain property for an exemption from property taxation, apply to assessments made in 1973 for taxes due and payable in 1974. (2) The procedural requirements of §§ 9 through 19 of chapter 40, Laws of 1973, 2nd Ex. Sess., under which the function of determining the eligibility of property for a tax exemption is, henceforth, to be performed by the state department of revenue instead of the various county assessors and boards of equalization, do not apply in the case of assessments made in 1973 for taxes due and payable in 1974. (3) The remedies available under existing law for taxpayers who, during 1974, received tax statements covering properties which qualify for an exemption under §§ 1 through 7, chapter 40, Laws of 1973, 2nd Ex. Sess., include a request for cancellation of the assessment as provided for in RCW 84.56.400, a suit for a refund pursuant to chapter 84.68 RCW, or an injunction under RCW 84.68.010 (2). (4) The provisions of § 21, chapter 40, Laws of 1973, 2nd Ex. Sess., making a general fund appropriation to the department of revenue to administer the provisions of this new property tax exemption law, do not authorize that department to reimburse the counties for their costs incurred in determining property tax exemptions during the 1973 assessment year.
AGO 1962 No. 91 >  January 25, 1962
OFFICES AND OFFICERS - STATE - HIGHWAY COMMISSION - LEGISLATIVE JOINT FACT-FINDING COMMITTEE ON HIGHWAYS, STREETS AND BRIDGES - DUTY TO EXAMINE FACTORS AND ADJUST ESTIMATED ANNUAL COSTS PER TRUNK MILE FOR COUNTIES
OFFICES AND OFFICERS ‑- STATE ‑- HIGHWAY COMMISSION ‑- LEGISLATIVE JOINT FACT-FINDING COMMITTEE ON HIGHWAYS, STREETS AND BRIDGES ‑- DUTY TO EXAMINE FACTORS AND ADJUST ESTIMATED ANNUAL COSTS PER... (1) Under RCW 46.68.120 (3) (e) the legislature has imposed the duty, every four years beginning in 1958, upon the joint fact-finding committee and the highway commission to jointly re‑examine [[reexamine]] all the factors on which the estimated costs per trunk mile for the several counties have been based, and based upon such re‑examination [[reexamination]] and acting in a fact-finding capacity, the highway commission and the joint fact-finding committee are then required jointly to make such adjustments in the estimated annual costs per trunk mile for the several counties as may be necessary. (2) The estimated annual costs per trunk mile as adjusted by the joint fact-finding committee on highways, streets and bridges and the highway commission, pursuant to RCW 46.68.120, are to be used in making the 1962 allocations of fuel taxes to the counties.
AGO 1962 No. 95 >  February 8, 1962
OFFICES AND OFFICERS - STATE - GOVERNOR - EFFECT OF VETO OF SALARY INCREASE ON ELIGIBILITY OF LEGISLATORS TO RUN FOR OFFICE OF GOVERNOR IN 1964
OFFICES AND OFFICERS ‑- STATE ‑- GOVERNOR ‑- EFFECT OF VETO OF SALARY INCREASE ON ELIGIBILITY OF LEGISLATORS TO RUN FOR OFFICE OF GOVERNOR IN 1964 Under Article II, § 13, of the State Constitution, no member of the legislature, during the term for which he is elected, may be elected to any office the emoluments of which have been increased during his term; therefore, any state senator elected in November, 1960, (for a four-year term expiring in January, 1965) who was a member of the 1961 legislature which increased the emoluments of the office of the governor (by overriding the governor's veto of chapter 316, Laws of 1959) is not eligible to run for that office in 1964.
AGO 1974 No. 9 >  April 10, 1974
OFFICES AND OFFICERS - COUNTIES - SALARIES - FRINGE BENEFITS - PAYMENT OF MID-TERM SALARY INCREASES TO COUNTY COMMISSIONERS
OFFICES AND OFFICERS ‑- COUNTIES ‑- SALARIES ‑- FRINGE BENEFITS ‑- PAYMENT OF MID-TERM SALARY INCREASES TO COUNTY COMMISSIONERS The members of a board of county commissioners, during the remainder of the terms of office they were serving on the effective date of the salary increases granted by the legislature in chapter 88, Laws of 1973, 1st Ex. Sess., may receive those legislatively granted increases; they may not, however, constitutionally receive mid-term increases in such health care benefits as they have provided for themselves and other county officers and employees under the provisions of RCW 41.04.180.
AGO 1962 No. 97 >  February 21, 1962
OFFICES AND OFFICERS - STATE - AERONAUTICS COMMISSION - AUTHORITY TO REQUIRE AIR HAZARDS TO BE MARKED
OFFICES AND OFFICERS ‑- STATE ‑- AERONAUTICS COMMISSION ‑- AUTHORITY TO REQUIRE AIR HAZARDS TO BE MARKED (1) Federal Aviation Agency Regulation Part 626 requiring the reporting of air hazards does not supersede chapter 263, Laws of 1961, which governs the marking of structures or obstacles which have been declared to be hazards or potential hazards for the safe flight of aircraft.   (2) Compliance with the federal regulation regarding reporting does not satisfy the requirements of the state act.
AGO 1962 No. 98 >  February 23, 1962
OFFICES AND OFFICERS - STATE PARKS AND RECREATION COMMISSION - AUTHORITY TO CONVEY PARK PROPERTY TO MUNICIPAL CORPORATIONS OR POLITICAL SUBDIVISIONS
OFFICES AND OFFICERS ‑- STATE PARKS AND RECREATION COMMISSION ‑- AUTHORITY TO CONVEY PARK PROPERTY TO MUNICIPAL CORPORATIONS OR POLITICAL SUBDIVISIONS The state parks and recreation commission has the authority to convey park property to a municipal corporation or political subdivision of this state by following the procedure set forth in RCW 39.33.010 which provides for the intergovernmental disposition of property.
AGO 1974 No. 12 >  June 28, 1974
OFFICES AND OFFICERS - STATE - SECRETARY OF STATE - ELECTIONS - FILING FEES - ENFORCEMENT OF CANDIDATES' FILING FEES AGAINST INDIGENTS
OFFICES AND OFFICERS ‑- STATE ‑- SECRETARY OF STATE ‑- ELECTIONS ‑- FILING FEES ‑- ENFORCEMENT OF CANDIDATES' FILING FEES AGAINST INDIGENTS (1) In view of a recent ruling by the United States Supreme Court with respect to the constitutionality of filing fees in the case of indigent persons seeking to become candidates for public office, the requirements of RCW 29.18.050 are no longer constitutionally enforceable with respect to candidates for office in the state of Washington who wish to file for public office but who are unable to pay the filing fees prescribed by that statute. (2) The secretary of state has the authority under RCW 29.24.080 to adopt a rule or regulation requiring any candidate claiming to be unable to pay the fee required by RCW 29.18.050 for the particular office he is seeking to execute and file with his declaration of candidacy a supplemental affidavit attesting to that fact.
AGO 1962 No. 102 >  March 20, 1962
OFFICES AND OFFICERS - STATE - DEPARTMENT OF HIGHWAYS - AUTHORITY TO PAY MOVING EXPENSES OF PROSPECTIVE EMPLOYEES
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF HIGHWAYS ‑- AUTHORITY TO PAY MOVING EXPENSES OF PROSPECTIVE EMPLOYEES The department of highways does not have the authority to offer a prospective employee, as an inducement for his accepting state employment, to pay the cost of moving his household goods and effects to the vicinity of the place of his employment.
AGO 1962 No. 104 >  March 27, 1962
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR & INDUSTRIES - ATTORNEY'S FEES UNDER § 7, CHAPTER 274, LAWS OF 1961
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF LABOR & INDUSTRIES ‑- ATTORNEY'S FEES UNDER § 7, CHAPTER 274, LAWS OF 1961 (1) Under § 7, chapter 274, Laws of 1961 (RCW 51.24.010), an injured workman who successfully maintains a third party action, the recovery of which is had after June 8, 1961, is entitled to have the state bear a proportionate share of the costs and attorney's fees (after approval of the court) that he has incurred in effecting recovery. (2) Before the department of labor and industries can be called upon to contribute a proportionate share of attorney's fees and costs the workman must file a civil action in a court of law.
AGO 1974 No. 13 >  July 11, 1974
COUNTIES - OFFICES AND OFFICERS - FEES - AUTHORITY OF NONCHARTER COUNTY TO PAY CERTAIN MEMBERSHIP DUES FOR ITS OFFICERS
COUNTIES ‑- OFFICES AND OFFICERS ‑- FEES ‑- AUTHORITY OF NONCHARTER COUNTY TO PAY CERTAIN MEMBERSHIP DUES FOR ITS OFFICERS A county, including a noncharter county, may pay the dues required to maintain optional membership in a professional association on behalf of an officer of the county in those cases where the main object of the expenditure is an anticipated direct benefit to the county such as a subscription to periodicals, services, or other valuable rights of commensurate value; however, a county may not pay those dues in a case where membership in the association is required by law as a prerequisite for holding the office in question.
AGO 1974 No. 15 >  July 25, 1974
OFFICES AND OFFICERS - EMPLOYEES - STATE - INSTITUTIONS - SALARIES - USE OF STATE‑OWNED OR LEASED AUTOMOBILES
OFFICES AND OFFICERS ‑- EMPLOYEES ‑- STATE ‑- INSTITUTIONS ‑- SALARIES ‑- USE OF STATE‑OWNED OR LEASED AUTOMOBILES (1) The governing body of a state institution may not, in the exercise of its statutory authority to employ and fix the salaries and duties of the various administrative officers and employees of that institution, provide those officers and employees with the unrestricted use of an automobile owned or leased by the institution for that purpose.  (2) Where the statutory authority of a state institution is to "employ," or "employ and compensate" its necessary officials or employees, that institution may, in the exercise of this authority, contract to provide the unrestricted use of an automobile leased by the institution for that purpose, but it may not so contract in the case of a state‑owned automobile in view of WAC 82-28-200 which provides that state cars shall be used only for official business.
AGO 1962 No. 108 >  April 3, 1962
OFFICES AND OFFICERS - COUNTY COMMISSIONERS - THIRD CLASS COUNTY - AUTHORITY TO LEASE A PORTION OF COUNTY FAIR GROUNDS TO NONPROFIT RODEO ASSOCIATION
OFFICES AND OFFICERS ‑- COUNTY COMMISSIONERS ‑- THIRD CLASS COUNTY ‑- AUTHORITY TO LEASE A PORTION OF COUNTY FAIR GROUNDS TO NONPROFIT RODEO ASSOCIATION The county commissioners of a third class county have the authority under RCW 36.34.180 to lease a portion of the county fair grounds, for a period not exceeding thirty-five years, to a nonprofit rodeo association.
AGO 1974 No. 20 >  September 20, 1974
OFFICES AND OFFICERS - COUNTY - TREASURER - MUNICIPALITIES - FUNDS - INVESTMENT OF SURPLUS FUNDS
OFFICES AND OFFICERS ‑- COUNTY ‑- TREASURER ‑- MUNICIPALITIES ‑- FUNDS ‑- INVESTMENT OF SURPLUS FUNDS (1) The governing body of a municipal corporation whose funds are in the custody of a county treasurer may not authorize such treasurer, by a single blanket resolution, to invest all of its present and future surplus funds in a certain specified way or ways, and thus avoid having those funds invested as county residual funds under the second paragraph of RCW 36.29.020. (2) The governing body of a municipal corporation may enact a blanket ordinance or resolution permitting either a single member of that body or some other officer or employee thereof to authorize the county treasurer having custody of its funds to invest those funds as and when indicated, provided that the ordinance or resolution contains sufficient standards to guide that officer or employee in the exercise of the power thus delegated.
AGO 1975 No. 1 >  January 8, 1975
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - STATE BOARD OF EDUCATION - SCHOOL DISTRICTS - DISCRIMINATION - EMPLOYMENT
OFFICES AND OFFICERS ‑- STATE ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION ‑- STATE BOARD OF EDUCATION ‑- SCHOOL DISTRICTS ‑- DISCRIMINATION ‑- EMPLOYMENT (1) Neither the superintendent of public instruction nor the state board of education has the authority under any existing statute or constitutional provision to formulate and implement a state‑wide [[statewide]] affirmative or corrective action policy for disadvantaged groups such as women or racial minorities which would be binding on all local school districts in their employment of personnel; under the supervisory authority granted to him by Article III, § 23 of the state constitution, however, the state superintendent of public instruction may require local school districts, in connection with their employment of personnel, to formulate and implement their own affirmative action policies for such disadvantaged groups, subject to such constitutional standards as may be applicable to those kinds of programs. (2) Such a requirement may be enforced by a mandamus action against any noncomplying school districts. (3) The state superintendent of public instruction has the authority to enforce federal affirmative action programs by refusing to disburse federal funds to noncomplying school districts.
AGO 1962 No. 121 >  April 23, 1962
OFFICES AND OFFICERS - STATE PARKS AND RECREATION COMMISSION - ELECTION OR APPOINTMENT OF COMMISSION MEMBER TO ANY OTHER STATE, COUNTY OR MUNICIPAL OFFICE
OFFICES AND OFFICERS ‑- STATE PARKS AND RECREATION COMMISSION ‑- ELECTION OR APPOINTMENT OF COMMISSION MEMBER TO ANY OTHER STATE, COUNTY OR MUNICIPAL OFFICE The board of trustees of a community college district may not legally include what is commonly referred to as an "agency shop" clause in a negotiated agreement entered into between such board and the faculty employees of the district under the provisions of chapter 28B.52 RCW for the reason that such a clause is prohibited by RCW 28B.52.070.
AGO 1975 No. 3 >  February 10, 1975
OFFICES AND OFFICERS - COUNTY - JUDGES - COURTS - SALARY - AUTHORITY OF SUPERIOR COURT JUDGES
OFFICES AND OFFICERS ‑- COUNTY ‑- JUDGES ‑- COURTS ‑- SALARY ‑- AUTHORITY OF SUPERIOR COURT JUDGES (1) Where the salary of a superior court aide is fixed by statute, or by the county commissioners or other legislative authority pursuant thereto, a judge of the court is without power to set a higher salary by a directive or order in a nonjudicial proceeding; the court may, however, entertain an action for a writ of mandamus to require the salary fixing authority to raise the salaries of its personnel, but it will only be justified in granting the writ if, applying recognized judicial standards, it finds that the legislative authority involved has acted arbitrarily or capriciously.  (2) Under RCW 2.28.139 it is the obligation of each county (acting through its county commissioners) to furnish the courtroom and related necessary facilities for the conduct of the superior court; if the county fails to do so, the court may order the sheriff to provide the requisite facilities at county expense or, if this administrative remedy fails, the court may compel the commissioners to comply with the requirement of the statute by issuance of a writ of mandamus in a judicial proceeding ‑ subject to a right of appeal and all other procedural requisites of a regular court case.
AGO 1962 No. 124 >  April 25, 1962
OFFICES AND OFFICERS - COUNTY COMMISSIONERS - ROAD FUNDS - PURCHASE OF AUTOMOBILE FOR ROAD INSPECTOR - DEPUTY SHERIFF
OFFICES AND OFFICERS ‑- COUNTY COMMISSIONERS ‑- ROAD FUNDS ‑- PURCHASE OF AUTOMOBILE FOR ROAD INSPECTOR ‑- DEPUTY SHERIFF The county commissioners may expend some road funds to pay part but not all the cost of an automobile to be used by a person employed by the county as road inspector and by the sheriff as a deputy sheriff.
AGO 1962 No. 125 >  April 26, 1962
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - NONRESIDENT COMMERCIAL FISHING LICENSES
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- NONRESIDENT COMMERCIAL FISHING LICENSES Fees that are assessed for the necessary licenses permitting use of commercial fishing vessels in this state are to be predicated upon the residency of the owners of the vessels rather than the operators.
AGO 1975 No. 4 >  March 18, 1975
OFFICES AND OFFICERS - STATE - GOVERNOR - LIEUTENANT GOVERNOR - ELECTIONS - CONSTITUTIONALITY OF BILL TO REQUIRE GOVERNOR AND LIEUTENANT GOVERNOR TO BE ELECTED JOINTLY
OFFICES AND OFFICERS ‑- STATE ‑- GOVERNOR ‑- LIEUTENANT GOVERNOR ‑- ELECTIONS ‑- CONSTITUTIONALITY OF BILL TO REQUIRE GOVERNOR AND LIEUTENANT GOVERNOR TO BE ELECTED JOINTLY The legislature may not by statute (as opposed to a constitutional amendment) require that any candidate filing for the office of governor must file and run jointly with a candidate for the office of lieutenant governor from the same political party, with the names of both candidates to be grouped together on the ballot and a vote for one to constitute a vote for both; and this would be so even if the legislature were to abolish the office of lieutenant governor as a constitutional office and reconstitute it as an office created by statute.
AGO 1962 No. 128 >  May 4, 1962
OFFICES AND OFFICERS - STATE - BOARD OF PRISON TERMS AND PAROLES - MINIMUM DURATION OF CONFINEMENT WHERE NOT SPECIFICALLY PRESCRIBED BY STATUTE
OFFICES AND OFFICERS ‑- STATE ‑- BOARD OF PRISON TERMS AND PAROLES ‑- MINIMUM DURATION OF CONFINEMENT WHERE NOT SPECIFICALLY PRESCRIBED BY STATUTE The board of prison terms and paroles is not restricted specifically by any provision found in chapter 9.95 RCW (other than the specific minimum terms of confinement set forth in RCW 9.95.040 and 9.95.115) as to the minimum duration of confinement which it may fix for those persons convicted of a felony and committed to state correctional institutions for felons.
AGO 1962 No. 138 >  May 22, 1962
OFFICES AND OFFICERS - STATE - BOARD OF EDUCATION - REIMBURSEMENT FOR ACTUAL EXPENSES
OFFICES AND OFFICERS ‑- STATE ‑- BOARD OF EDUCATION ‑- REIMBURSEMENT FOR ACTUAL EXPENSES The members of the state board of education may be reimbursed for the actual expenses incurred in the performance of their duties.
AGO 1962 No. 139 >  May 23, 1962
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - AUTHORITY TO LOAN ROAD FUNDS TO CURRENT EXPENSE FUND - DURATION OF LOAN - CHARGING OF INTEREST
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- AUTHORITY TO LOAN ROAD FUNDS TO CURRENT EXPENSE FUND ‑- DURATION OF LOAN ‑- CHARGING OF INTEREST A board of county commissioners may authorize a loan of surplus (nonappropriated) amounts in the county road fund to a solvent county expense fund on a temporary basis provided interest on the loan is charged.
AGO 1962 No. 142 >  June 7, 1962
OFFICES AND OFFICERS - BOARD OF TRUSTEES - STATE COLLEGES
AGREEMENT WITH FEDERAL GOVERNMENT TO PROVIDE RELOCATION SITE The board of trustees of any of the state colleges and the governor have the authority to enter into an agreement with the United States Treasury Department whereby certain college buildings will be designated as a relocation site for the district offices of the internal revenue service.
AGO 1962 No. 144 >  July 17, 1962
OFFICES AND OFFICERS - STATE - INSURANCE COMMISSIONER - AUTHORITY TO RELICENSE WHERE LICENSE REVOKED BECAUSE OF A FELONY CONVICTION
OFFICES AND OFFICERS ‑- STATE ‑- INSURANCE COMMISSIONER ‑- AUTHORITY TO RELICENSE WHERE LICENSE REVOKED BECAUSE OF A FELONY CONVICTION Where the license of an insurance agent was revoked by the insurance commissioner because of a felony conviction the commissioner does not have the authority to relicense the former agent when said individual is released from confinement and placed on parole.
AGO 1962 No. 146 >  July 18, 1962
OFFICES AND OFFICERS - STATE - LEGISLATOR - EMPLOYMENT - POSITION COVERED BY STATE CIVIL SERVICE LAW - LEAVE OF ABSENCE - REINSTATEMENT REGISTER
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- EMPLOYMENT ‑- POSITION COVERED BY STATE CIVIL SERVICE LAW ‑- LEAVE OF ABSENCE ‑- REINSTATEMENT REGISTER (1) A member of the 37th legislature may accept an office or employment covered by the state civil service law provided the position is not a public office created by the 37th legislature or a public office the emoluments of which were increased by the 37th legislature provided the office is not incompatible with the office of a legislator or creates a conflict of interest. (2) A state employee or officer covered by the state civil service law may not engage in the management of partisan political campaigns, including his own, unless the campaign be one for a part-time public office in a political subdivision of the state.  Resignation or termination must precede engagement in the management of a campaign for legislative office. (3) A state employee who resigns his civil service position would be eligible for reinstatement provided he meets the requirements set forth in the merit system rule.
AGO 1979 No. 12 >  May 22, 1979
OFFICES AND OFFICERS - STATE
ENTITLEMENT TO ANNUAL LEAVE UNDER RCW 43.01.040, et seq (1) RCW 43.01.040, et seq., relating to annual leave for state officers and employees, applies to the legislative and judicial branches of government as well as to the executive branch. (2) RCW 43.01.040, et seq., applies, equally, to state employees in the classified service and to those occupying exempt positions; accordingly, with a single possible exception relating to employees of a state institution of higher education, no such employees are entitled to have vacation leave accumulated in excess of 30 working days without having a statement of necessity for deferral of leave on file with their particular employing agency. (3) RCW 43.01.040, et seq., relating to annual leave, applies to individuals appointed by the governor to an agency directorship or as a member of a state board or commission subject to gubernatorial appointment. (4) While it is the Governor's Office which is the "employing office" with which an application for extension of annual leave must be filed by an agency director or board or commission member referred to in (3), supra, it is the convenience of the agency, office, department or institution to which such individual is assigned which is determinative of the propriety of the extension.
AGO 1979 No. 13 >  May 25, 1979
OFFICES AND OFFICERS - COUNTY - CORONER - JURISDICTION OVER CERTAIN BODIES
OFFICES AND OFFICERS ‑- COUNTY ‑- CORONER ‑- JURISDICTION OVER CERTAIN BODIES The jurisdiction of a county coroner under the first clause of RCW 68.08.010 extends to the body of a deceased person who, although not physically seen by a physician or other medical practitioner within the 36 hours preceding death, was generally under a physician's care for a number of years prior to his death and died ". . . under circumstances which the family physician considers consistent with the serious medical condition with which the deceased had been previously treated for a number of years."
AGO 1962 No. 151 >  August 6, 1962
OFFICES AND OFFICERS - STATE - LEGISLATURE - LEGISLATIVE COUNCIL - INVESTIGATION AND PUBLIC HEARING - PRIOR APPROVAL REQUIRED
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- LEGISLATIVE COUNCIL ‑- INVESTIGATION AND PUBLIC HEARING ‑- PRIOR APPROVAL REQUIRED The prior approval of two-thirds of the membership of the legislative council is required before the council has the authority to conduct any public hearings or investigations under RCW 44.24.020 (3).
AGO 1962 No. 154 >  August 13, 1962
OFFICES AND OFFICERS - STATE - BOARD OF EDUCATION - STATE FINANCIAL ASSISTANCE FOR SCHOOL CONSTRUCTION - APPROVAL OF SITES
OFFICES AND OFFICERS ‑- STATE ‑- BOARD OF EDUCATION ‑- STATE FINANCIAL ASSISTANCE FOR SCHOOL CONSTRUCTION ‑- APPROVAL OF SITES (1) Alfalfa seed sold and delivered by the farmer-producer to a processor is subject to applicable property taxes even though it is shipped out of the state on or before April 30 of the first year in which it would otherwise be taxable. (2) Alfalfa seed is exempt from property taxes otherwise applicable if owned by the farmer-producer on the first day of January following harvesting, and this exemption applies whether or not the seed was grown in another state and shipped into Washington for storage.
AGO 1962 No. 156 >  August 15, 1962
OFFICES AND OFFICERS - STATE - GOVERNOR'S ADVISORY COUNCIL ON NUCLEAR ENERGY AND RADIATION - EX OFFICIO MEMBERS - VOTE - SUBSTITUTES - QUORUM
OFFICES AND OFFICERS ‑- STATE ‑- GOVERNOR'S ADVISORY COUNCIL ON NUCLEAR ENERGY AND RADIATION ‑- EX OFFICIO MEMBERS ‑- VOTE ‑- SUBSTITUTES ‑- QUORUM (1) The four ex officio members on the governor's advisory council on nuclear energy and radiation have the same right to vote as the other appointed members of the council. (2) If one of the ex officio members of the council is unable to attend the council meeting any person who attends at the request of the member is not entitled to cast an official vote on any matter before the council. (3) Since a quorum of the council is not prescribed by statute the common-law rule that a majority of any body constitutes a quorum for the transaction of business is applicable and the council itself therefore may not define what is necessary to constitute a quorum.
AGO 1979 No. 20 >  November 29, 1979
OFFICES AND OFFICERS - HEALTH - CRIMES - ENFORCEMENT OF REGULATIONS RESTRICTING SMOKING IN PUBLIC PLACES
OFFICES AND OFFICERS ‑- HEALTH ‑- CRIMES ‑- ENFORCEMENT OF REGULATIONS RESTRICTING SMOKING IN PUBLIC PLACES (1) RCW 43.20.050 does not require all state, county, city or township officers or employees to "enforce" the provisions of chapter 248-152 WAC restricting smoking in public places or be subject to criminal penalties for their failure to do so; instead, that statute only applies to those particular officers or employees who, by virtue of their offices or positions, are possessed of the legal authority to take some form of legal action against alleged violators of the regulations.(2) Although RCW 43.20.170 authorizes the director of Social and Health Services to utilize any of the special proceedings provided for in Title 7 RCW in enforcing State Board of Health regulations, except for a suit for injunctive relief under chapter 7.40 RCW, most of those special proceedings have little or no utility in that connection.
AGO 1962 No. 158 >  August 29, 1962
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - ASSESSOR PLAT - CHAPTER 262, LAWS OF 1961
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- ASSESSOR PLAT ‑- CHAPTER 262, LAWS OF 1961 The various subsections of § 1, chapter 262, Laws of 1961 (RCW 58.18.010), became operative only where the requisite maps are maintained by the assessor and he has, with the permission of the county commissioners, filed an assessor's plat.
AGO 1962 No. 159 >  September 4, 1962
OFFICES AND OFFICERS - COUNTY COMMISSIONERS - ROADS - AUTHORITY TO ENTER INTO AGREEMENT WITH CITY COUNCIL TO CONSTRUCT ROAD WITHIN CITY
OFFICES AND OFFICERS ‑- COUNTY COMMISSIONERS ‑- ROADS ‑- AUTHORITY TO ENTER INTO AGREEMENT WITH CITY COUNCIL TO CONSTRUCT ROAD WITHIN CITY The board of county commissioners and a city council have the authority under chapter 245, Laws of 1961 (chapter 35.77 RCW) to enter into an agreement whereby the county agrees to construct a road within the city at a mutually agreed cost to the city.
AGO 1962 No. 161 >  September 5, 1962
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - FUNDS - FEDERAL FOREST RESERVE - DISTRIBUTION - JOINT SCHOOL DISTRICT
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- FUNDS ‑- FEDERAL FOREST RESERVE ‑- DISTRIBUTION ‑- JOINT SCHOOL DISTRICT ‑- CONSTRUCTION OF FACILITIES The board of county commissioners of a county in which part of a joint school district is located may not expend federal forest funds for improvement or addition to school buildings situated in another county, where the joint district belongs to such other county under RCW 28.57.250.
AGO 1979 No. 1 >  January 5, 1979
OFFICES AND OFFICERS - STATE - LEGISLATORS - MOTOR VEHICLES - ARREST OF LEGISLATORS FOR TRAFFIC OFFENSES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS ‑- MOTOR VEHICLES ‑- ARREST OF LEGISLATORS FOR TRAFFIC OFFENSES Although the privilege from arrest in Article II, § 16 of the Washington Constitution extends beyond the term of a legislative session, it relates to the possibility of civil arrest only and is not a privilege from arrest for the commission of a crime; therefore, Article II, § 16 does not preclude the arrest of a member of the Washington State Legislature for the commission of a traffic offense within the purview of RCW 46.61.010.
AGO 1979 No. 3 >  February 16, 1979
OFFICES AND OFFICERS - STATE - THE EVERGREEN STATE COLLEGE - SCHOOLS AND COLLEGES - POLITICAL PARTIES - USE OF CAMPUS FACILITIES FOR CERTAIN POLITICAL OR OTHER ACTIVITIES
OFFICES AND OFFICERS ‑- STATE ‑- THE EVERGREEN STATE COLLEGE ‑- SCHOOLS AND COLLEGES ‑- POLITICAL PARTIES ‑- USE OF CAMPUS FACILITIES FOR CERTAIN POLITICAL OR OTHER ACTIVITIES (1) The facilities of a state college or university may be used for a candidates' forum to which candidates for elective office would be invited on a nondiscriminatory basis to appear on campus to present their views and respond to questions from the audience, which forum would be sponsored by the student body or some other campus group and would involve no charge to the candidates for attendance or for use of the facilities.  (2) The facilities of a state college or university may be used for the conduct of a political party convention on campus provided that the political party involved actually rents the facilities from the college pursuant to a legitimate lease or rental agreement.  (3) A state college or university may allow student campus groups to sponsor meetings involving organizations such as the "Crab Shell Alliance" group opposing the Trident Base at Bangor and the "Greenpeace" group opposing nuclear power plants, utilizing the public facilities at the college as a forum for such organizations to espouse their beliefs.
AGO 1962 No. 164 >  September 12, 1962
OFFICES AND OFFICERS - STATE - DEPARTMENT OF NATURAL RESOURCES - FIRE SEASON PERMITS - INFLAMMABLE MATERIAL
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF NATURAL RESOURCES ‑- FIRE SEASON PERMITS ‑- INFLAMMABLE MATERIAL Any person desiring to burn any inflammable material in a forested or nonforested part of any county in which there is a warden or ranger must obtain a burning permit, during the fire season prescribed by state law, from the supervisor of natural resources or the warden or ranger unless the material is contained in an approved device.
AGO 1962 No. 165 >  October 19, 1962
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LICENSES - DIRECTOR - RULES AND REGULATIONS UNDER RCW 46.80.140 - VIOLATION
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF LICENSES ‑- DIRECTOR ‑- RULES AND REGULATIONS UNDER RCW 46.80.140 ‑- VIOLATION Any violation of the rules and regulations promulgated by the director of licenses for motor vehicle wreckers pursuant to the authority vested in said director by RCW 46.80.140 does not constitute a crime.
AGO 1975 No. 10 >  May 15, 1975
OFFICES AND OFFICERS - STATE - THERMAL POWER PLANT SITE EVALUATION COUNCIL - DEPARTMENT OF NATURAL RESOURCES - GOVERNOR - CERTIFICATION OF THERMAL POWER PLANT SITES
OFFICES AND OFFICERS ‑- STATE ‑- THERMAL POWER PLANT SITE EVALUATION COUNCIL ‑- DEPARTMENT OF NATURAL RESOURCES ‑- GOVERNOR ‑- CERTIFICATION OF THERMAL POWER PLANT SITES A certification, approved by the governor under chapter 80.50 RCW, may authorize the withdrawal of such public waters as are required for use in the operation of a thermal power plant.
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 1975 No. 14 >  July 3, 1975
COURTS - JUVENILE - CRIMES - OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - JURISDICTION OF DEPARTMENT OVER DELINQUENT JUVENILES UPON ATTAINMENT OF AGE EIGHTEEN
COURTS ‑- JUVENILE ‑- CRIMES ‑- OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF SOCIAL AND HEALTH SERVICES ‑- JURISDICTION OF DEPARTMENT OVER DELINQUENT JUVENILES UPON ATTAINMENT OF AGE EIGHTEEN Except where covered by a juvenile court order under § 1, chapter 170, Laws of 1975, 1st Ex. Sess., in the case of a juvenile in the custody of the department of social and health services who was not yet 18 when that law became effective, a juvenile who has been adjudged to be a delinquent child under RCW 13.04.010, et seq., and has therefore been committed by the juvenile court under RCW 13.04.095, may not, in view of In re Carson , 84 Wn.2d 969 (1975), continue to be held in custody solely on that basis after attaining the age of 18 years.
AGO 1962 No. 173 >  October 9, 1962
OFFICES AND OFFICERS - STATE - SUPERINTENDENT OF PUBLIC INSTRUCTION - QUALIFICATIONS FOR OFFICE - POWER OF LEGISLATURE TO PRESCRIBE
OFFICES AND OFFICERS ‑- STATE ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION ‑- QUALIFICATIONS FOR OFFICE ‑- POWER OF LEGISLATURE TO PRESCRIBE The legislature does not have the authority to establish qualifications for the office of the state superintendent of public instruction in addition to those found in Article III, § 25, Amendment 31, of the Washington State Constitution.
AGO 1962 No. 175 >  October 25, 1962
OFFICES AND OFFICERS - COUNTY - CORONER - AUTOPSY - TRANSPLANTING OF ORGANS FROM DECEASED PERSONS
OFFICES AND OFFICERS ‑- COUNTY ‑- CORONER ‑- AUTOPSY ‑- TRANSPLANTING OF ORGANS FROM DECEASED PERSONS (1) Only the decedent and persons who have the right to control the disposition of the decedent's remains may authorize the transplanting of organs to a living person. (2) Authorization for transplanting of the organs of a deceased person to a living person must be in writing. (3) Authorization to perform an autopsy is required to be in writing in certain instances.  As a practical matter written authorization may be required in all cases. (4) Medical personnel appointed by the coroner to perform autopsies need not be deputized by him.
AGO 1975 No. 15 >  July 17, 1975
OFFICES AND OFFICERS - STATE - DEPARTMENT OF MOTOR VEHICLES - PUBLIC RECORDS
ACCESS TO LISTS OF INDIVIDUALS UNDER INITIATIVE NO. 276 (1) In the absence of specific legal authorization or direction, a public agency governed by Initiative No.276 (chapter 42.17 RCW) is prohibited by RCW 42.17.260(5) from supplying the names of natural persons in list form when the person requesting such information from the public records of the agency intends to use it to contact or in some way personally affect the individuals identified on the list and when the purpose of the contact would be to facilitate that person's commercial activities.  (2) Application of above principles to several specific factual situations involving records in the custody of the state department of motor vehicles.
AGO 1962 No. 181 >  December 12, 1962
OFFICES AND OFFICERS - STATE - BOARD OF PILOTAGE COMMISSION - LICENSING OF PILOTS PILOTING VESSELS ON PUGET SOUND - CITIZENSHIP - AGREEMENT WITH CANADIAN AUTHORITIES - PENALTIES FOR VIOLATING PILOTAGE LAWS
OFFICES AND OFFICERS ‑- STATE ‑- BOARD OF PILOTAGE COMMISSION ‑- LICENSING OF PILOTS PILOTING VESSELS ON PUGET SOUND ‑- CITIZENSHIP ‑- AGREEMENT WITH CANADIAN AUTHORITIES ‑- PENALTIES FOR VIOLATING PI 1. Under chapter 88.16 RCW pilots of Canadian citizenship (who may not be licensed as pilots in this state) may not engage in the piloting of vessels between British Columbia and Puget Sound ports through those portions of the Haro Straits lying within the boundaries of the state of Washington. 2. The state of Washington or any agency thereof may not enter into an agreement with officials of the Canadian government providing for the distribution of responsibility for pilotage in such waters between American and Canadian pilots. 3. Penalties for failure to abide by the pilotage laws are contained throughout chapter 88.16 RCW and are to be enforced by regularly constituted county authorities.
AGO 1962 No. 183 >  December 17, 1962
OFFICES AND OFFICERS - STATE - HIGHWAY COMMISSION - ACQUISITION OF FERRIES BY LEASE‑PURCHASE
OFFICES AND OFFICERS ‑- STATE ‑- HIGHWAY COMMISSION ‑- ACQUISITION OF FERRIES BY LEASE‑PURCHASE The state of Washington acting through the state highway commission has the general authority under existing state law to acquire new ferries by a lease‑purchase contract so long as the contract does not violate any provisions of the state constitution.
AGO 1963 No. 5 >  January 18, 1963
OFFICES AND OFFICERS - STATE - INSURANCE COMMISSIONER - DISABILITY INSURANCE - USE OF THE TERM "PHYSICIAN" WITHOUT DEFINING SAME - AMBIGUITY - AUTHORITY TO RESOLVE
OFFICES AND OFFICERS ‑- STATE ‑- INSURANCE COMMISSIONER ‑- DISABILITY INSURANCE ‑- USE OF THE TERM 'PHYSICIAN' WITHOUT DEFINING SAME ‑- AMBIGUITY ‑- AUTHORITY TO RESOLVE The insurance commissioner has the authority to notify insurers that the term "physician" as used in a policy of disability insurance is ambiguous and must be considered to include chiropodists unless otherwise expressly excluded by definition.
AGO 1963 No. 9 >  January 31, 1963
OFFICES AND OFFICERS - CITIES - THIRD CLASS - CLERK AND ATTORNEY - INCREASE OR DECREASE IN COMPENSATION WHEN OFFICES ARE MADE APPOINTIVE
OFFICES AND OFFICERS ‑- CITIES ‑- THIRD CLASS ‑- CLERK AND ATTORNEY ‑- INCREASE OR DECREASE IN COMPENSATION WHEN OFFICES ARE MADE APPOINTIVE Where the offices of the city clerk and city attorney in a third class city have been made appointive by the city council, under the authority of RCW 35.24.020, the salary of the office holder may be increased or decreased after appointment.
AGO 1963 No. 16 >  April 15, 1963
OFFICES AND OFFICERS - STATE - WASHINGTON STATE TOLL BRIDGE AUTHORITY - FARES ON PUGET SOUND FERRIES - SCHOOL DISTRICT EDUCATIONAL TRIPS - AUTHORITY OF TOLL BRIDGE AUTHORITY TO PROVIDE FREE PASSAGE OR REDUCTION OF TARIFFS OR CHARGES
OFFICES AND OFFICERS - STATE ‑- WASHINGTON STATE TOLL BRIDGE AUTHORITY ‑- FARES ON PUGET SOUND FERRIES ‑- SCHOOL DISTRICT EDUCATIONAL TRIPS ‑- AUTHORITY OF TOLL BRIDGE AUTHORITY TO PROVIDE FREE… 1. The Washington toll bridge authority does not have the power to exempt public school children from fares on the Puget Sound ferries when said public school children are riding a public school bus to and from educational trips in the course of their schooling. 2. Same :  The toll bridge authority does however have the authority, with the approval of its consulting engineer, to effect a reasonable reclassification and reduction of charges for this class of user.  What would be an appropriate or reasonable classification is a question of fact to be determined by the toll bridge authority.
AGO 1975 No. 19 >  August 22, 1975
OFFICES AND OFFICERS - COUNTY - SHERIFF - RESIDENCE REQUIREMENT FOR DEPUTY SHERIFF
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- RESIDENCE REQUIREMENT FOR DEPUTY SHERIFF In view of the amendment of RCW 42.14.100 by § 3, chapter 95, Laws of 1963, a deputy county sheriff is not required by state law to be a resident of the county which he serves.
AGO 1963 No. 19 >  April 22, 1963
OFFICES AND OFFICERS - COUNTY - TREASURER - DUTY TO CHECK TAX ROLLS AT REQUEST OF MORTGAGEE AND TO PREPARE AND SIGN STATEMENT OF TAX OWING - FEE - LIABILITY
OFFICES AND OFFICERS - COUNTY ‑- TREASURER ‑- DUTY TO CHECK TAX ROLLS AT REQUEST OF MORTGAGEE AND TO PREPARE AND SIGN STATEMENT OF TAX OWING ‑- FEE ‑- LIABILITY (1) It is the duty of the county treasurer to check the tax rolls upon the request of mortgagees and to give a statement as to what real property taxes, if any, are owing on property in which the mortgagee has an interest. (2) Same :  The treasurer may not charge any fee for such service. (3) Same :  The treasurer would be subject to liability if he fails to exercise reasonable care in making a search. (4) Same :  There is no duty upon the treasurer to sign the report he prepares, but because liability may arise as the result of negligently prepared reports, it may be advisable to sign the report for authentication purposes.
AGO 1963 No. 20 >  April 23, 1963
OFFICES AND OFFICERS - COUNTIES - LIABILITY - COMMITMENT OF MENTALLY ILL UNDER CHAPTER 71.02 RCW IN STATE HOSPITAL - DELAY IN TRANSPORTING PATIENT TO HOSPITAL
OFFICES AND OFFICERS ‑- COUNTIES ‑- LIABILITY ‑- COMMITMENT OF MENTALLY ILL UNDER CHAPTER 71.02 RCW IN STATE HOSPITAL ‑- DELAY IN TRANSPORTING PATIENT TO HOSPITAL Where a person is found mentally ill in proceedings brought under chapter 71.02 RCW and committed to a state hospital, the state and not the county is liable for the cost of detention for any period of time which elapses between the entry of the order of hospitalization and the time an ambulance arrives to transport the patient to a state hospital.
AGO 1963 No. 21 >  May 7, 1963
OFFICES AND OFFICERS - COUNTY - CIVIL DEFENSE AND HEALTH OFFICES - LOCATION
OFFICES AND OFFICERS ‑- COUNTY ‑- CIVIL DEFENSE AND HEALTH OFFICES ‑- LOCATION The civil defense office and the health office of Lincoln county may be located at a place other than the county seat.
AGO 1963 No. 23 >  May 16, 1963
OFFICES AND OFFICERS - STATE - OIL AND GAS CONSERVATION COMMITTEE - DUTIES - "CONTINENTAL SHELF"
OFFICES AND OFFICERS ‑- STATE ‑- OIL AND GAS CONSERVATION COMMITTEE ‑- DUTIES ‑- 'CONTINENTAL SHELF' 1. The continental shelf lands in the area between the Pacific Ocean coast line of Washington state and the state's western boundary are subject to chapter 146, Laws of 1951, and the administration and enforcement of its provisions rest with the oil and gas conservation committee. 2. Federally-owned continental shelf land located west of the state's western boundary are not subject to chapter 146, Laws of 1951, and the oil and gas conservation committee has no duties or responsibilities regarding said lands.
AGO 1963 No. 24 >  May 21, 1963
OFFICES AND OFFICERS - STATE - AGENCIES - SUPERVISING OFFICIAL OR GOVERNING BODY - AUTHORITY TO EXECUTE GROUP DISABILITY INSURANCE CONTRACTS FOR EMPLOYEES - NONDELEGABLE
OFFICES AND OFFICERS ‑- STATE ‑- AGENCIES ‑- SUPERVISING OFFICIAL OR GOVERNING BODY ‑- AUTHORITY TO EXECUTE GROUP DISABILITY INSURANCE CONTRACTS FOR EMPLOYEES ‑- NONDELEGABLE Under chapter 75, Laws of 1963, the authority granted to the supervising official or governing body of any department, division or separate agency of state government to provide for hospitalization and medical aid for their employees and dependents through contracts with insurance carriers or health care contractors may not be delegated to the trustee appointed by the governor.
AGO 1963 No. 26 >  May 28, 1963
OFFICES AND OFFICERS - STATE - PARKS AND RECREATION COMMISSION - AUTHORITY TO ACCEPT DONATED PROPERTY WITHIN MUNICIPAL BOUNDARIES FOR STATE PARK PURPOSES - EXPENDITURE OF FUNDS FOR MAINTENANCE
OFFICES AND OFFICERS - STATE ‑- PARKS AND RECREATION COMMISSION ‑- AUTHORITY TO ACCEPT DONATED PROPERTY WITHIN MUNICIPAL BOUNDARIES FOR STATE PARK PURPOSES ‑- EXPENDITURE OF FUNDS FOR MAINTENANCE (1) The state parks and recreation commission is vested with the statutory authority to accept donated property within municipal boundaries for state park purposes. (2) Same :  The state parks and recreation commission may expend park funds for the maintenance and operation of such donated property.
AGO 1963 No. 27 >  May 29, 1963
OFFICES AND OFFICERS - COUNTY - SUPERINTENDENT - SALARY - INCREASES GRANTED BY 1963 LEGISLATURE - CONSTITUTIONAL PROHIBITION AGAINST INCREASING OR DECREASING SALARY OF COUNTY OFFICIAL AFTER ELECTION OR DURING TERM
OFFICES AND OFFICERS - COUNTY ‑- SUPERINTENDENT ‑- SALARY ‑- INCREASES GRANTED BY 1963 LEGISLATURE ‑- CONSTITUTIONAL PROHIBITION AGAINST INCREASING OR DECREASING SALARY OF COUNTY OFFICIAL AFTER… County superintendents of schools elected in November, 1962, to take office in September, 1963, may not receive the raise in salary granted by the 1963 legislature because of Article XI, § 8, of the State Constitution which prohibits increasing or decreasing the salary of a county officer after his election or during his term.
AGO 1963 No. 28 >  May 31, 1963
OFFICES AND OFFICERS - STATE - AUDITOR - AUTHORITY TO PRESCRIBE SYSTEM OF ACCOUNTING FOR MUNICIPAL FUNDS - "LONG AND SHORT" ACCOUNT
OFFICES AND OFFICERS ‑- STATE ‑- AUDITOR ‑- AUTHORITY TO PRESCRIBE SYSTEM OF ACCOUNTING FOR MUNICIPAL FUNDS ‑- 'LONG AND SHORT' ACCOUNT The state auditor has the statutory authority to authorize the use by various municipalities of a "long and short" account within the prescribed system of accounting of municipal funds, pursuant to his finding that it meets standards of accuracy required by RCW 43.09.200.
AGO 1963 No. 32 >  June 18, 1963
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - RULES AND REGULATIONS - CONFLICT WITH PROVISIONS OF INDIAN TREATY - EFFECT
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- RULES AND REGULATIONS ‑- CONFLICT WITH PROVISIONS OF INDIAN TREATY ‑- EFFECT Under a treaty entered into in 1855 by the United States government and the Yakima Indians, the Indians were given exclusive fishing right on rivers "running through or bordering said reservation."  A rule or regulation of the department of fisheries purporting to authorize fishing at such places, by nonmembers of the tribe, is invalid and must fall as being in conflict with the supremacy clause of the United States Constitution.
AGO 1984 No. 3 >  February 2, 1984
OFFICES AND OFFICERS - STATE - PARKS AND RECREATION COMMISSION - BOATS
PROMULGATION OF RECREATIONAL BOATING STANDARDS The Washington State Parks and Recreation Commission does not now have the authority, under § 52, chapter 3, Laws of 1983, 2nd Ex. Sess., to promulgate and enforce rules of general state‑wide applicability prescribing recreational boating safety standards and equipment, consistent with Coast Guard regulations and standards.
AGO 1984 No. 4 >  February 9, 1984
OFFICES AND OFFICERS - STATE - DEPARTMENT OF GAME - DEPARTMENT OF FISHERIES
CRITERIA FOR DENIAL OF HYDRAULIC PERMITS In view of specific language in § 75, chapter 46, Laws of 1983, 1st ex. Sess., neither the Department of Fisheries nor the Department of Game may now deny, or condition, a hydraulic permit applied for under RCW 75.20.100 on the nonstatutory ground that the project, or other work involved‑-for which the permit is sought‑-would physically conflict with the taking of fish or shellfish.
AGO 1963 No. 37 >  July 19, 1963
OFFICES AND OFFICERS - STATE - COMMERCE AND ECONOMIC DEVELOPMENT - STATE COMPREHENSIVE PLANNING - AUTHORITY TO RECEIVE AND EXPEND FEDERAL FUNDS
OFFICES AND OFFICERS ‑- STATE ‑- COMMERCE AND ECONOMIC DEVELOPMENT ‑- STATE COMPREHENSIVE PLANNING ‑- AUTHORITY TO RECEIVE AND EXPEND FEDERAL FUNDS The department of commerce and economic development under chapter 161, Laws of 1963, has the authority (1) to do state comprehensive planning including comprehensive planning as defined in the federal housing act of 1954, as amended; and (2) to receive and expend federal or other funds for such purposes.
AGO 1984 No. 9 >  March 6, 1984
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - SHERIFF - SALARIES OR COMPENSATION
AUTHORITY TO FIX SALARIES OF DEPUTY SHERIFFS RCW 41.14.140 does not authorize, or empower, a county sheriff to fix the compensation of his deputies without regard to what the board of county commissioners might have determined.
AGO 1976 No. 6 >  February 24, 1976
OFFICES AND OFFICERS - STATE - LEGISLATOR - RECEIPT OF COMPENSATION FOR ASSISTANCE IN PREPARATION OF LEGISLATION
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- RECEIPT OF COMPENSATION FOR ASSISTANCE IN PREPARATION OF LEGISLATION (1) Circumstances under which a state legislator will be guilty of receiving unlawful compensation under RCW 9A.68.030(1)(a) if, in his official capacity as an employee of either a private or other public agency (i.e., outside of his legislative employment), he gives advice or other assistance on legislation upon which he may later be required to testify or vote in the legislature.  (2) Circumstances under which the private or other public employer of such a legislator will be guilty of granting unlawful compensation under RCW 9A.68.030(1)(b) for paying the legislator for advice or other assistance in preparing or promoting a bill upon which the legislator may later be required to testify or vote in the legislature.
AGO 1984 No. 10 >  March 8, 1984
OFFICES AND OFFICERS - STATE - AUDITOR - MUNICIPAL CORPORATIONS
AUTHORITY TO AUDIT ECONOMIC DEVELOPMENT COUNCILS Economic development councils created in response to (but not pursuant to) RCW 35A.11.060, RCW 35.21.680 or RCW 36.32.410 are not, themselves, municipal corporations or quasi-corporations for the purposes of audit under RCW 43.09.260; however, the State Auditor would nevertheless have the authority to examine the books and records of an economic development council (or any similarly situated private party) as an extension of his authority to audit those municipal corporations or quasi-municipal corporations which have provided funds to such organizations.
AGO 1984 No. 11 >  March 27, 1984
OFFICES AND OFFICERS - STATE - CORRECTIONS STANDARDS BOARD - JAILS - COUNTIES - CITIES
APPLICABILITY OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES ACT (1) The State Corrections Standards Board is not required by chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, to fix goals which would, in turn, necessitate that specified portions of the funds which are awarded by it to local governments be set aside for minority or women-owned businesses.(2) Chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, applies only to public works projects undertaken by the State (or an agency thereof) itself and, therefore, does not impose any additional duties or responsibilities on local jurisdictions with respect to jail construction and renovation funded through the State Corrections Standards Board.
AGO 1963 No. 39 >  July 24, 1963
OFFICES AND OFFICERS - COUNTY - BOARD OF COUNTY COMMISSIONERS - AUTHORITY TO RENT ROAD EQUIPMENT TO LOCAL CIVIL DEFENSE ORGANIZATION
OFFICES AND OFFICERS ‑- COUNTY ‑- BOARD OF COUNTY COMMISSIONERS ‑- AUTHORITY TO RENT ROAD EQUIPMENT TO LOCAL CIVIL DEFENSE ORGANIZATION A board of county commissioners has the authority to rent county road equipment to local civil defense organizations of the political subdivisions of this state for civil defense purposes.
AGO 1984 No. 16 >  June 28, 1984
OFFICES AND OFFICERS - COUNTY - SHERIFF - FUNDS
RETENTION BY COUNTY SHERIFF OF LOST OR ABANDONED MONEY A county sheriff, who officially comes into possession of "lost and found" money, may not keep and retain that money for his office's own use under any of the applicable provisions of chapter 63.40 RCW.
AGO 1963 No. 42 >  July 30, 1963
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - SHOP INSPECTION OF BOILERS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF LABOR AND INDUSTRIES ‑- SHOP INSPECTION OF BOILERS The fee schedule for shop inspection of boilers is prescribed in chapter 217, Laws of 1963, but the fee for inspection of secondhand or used boilers is controlled by § 33, chapter 32, Laws of 1951 (RCW 70.79.340).
AGO 1963 No. 43 >  July 31, 1963
OFFICES AND OFFICERS - STATE - AERONAUTICS COMMISSION - AUTHORITY TO SELL PROPERTY - PROCEEDS - COMPLIANCE WITH FEDERAL GRANT
OFFICES AND OFFICERS ‑- STATE ‑- AERONAUTICS COMMISSION ‑- AUTHORITY TO SELL PROPERTY ‑- PROCEEDS ‑- COMPLIANCE WITH FEDERAL GRANT The state aeronautics commission has the authority (1) to sell property located on an emergency airfield granted to the state by the federal government; and (2) to place the proceeds in a special fund from which expenses of improvements on the airfield may be paid when the federal grant of such property requires the proceeds be so expended.
AGO 1984 No. 23 >  September 7, 1984
OFFICES AND OFFICERS - STATE - ATTORNEY GENERAL - WASHINGTON STATE PATROL
LEGAL COUNSEL FOR STATE PATROL The Washington State Patrol does not have statutory authority to employ an attorney to serve as legal adviser to the Patrol, instead of obtaining legal advice and representation from the Office of the Attorney General
AGO 1984 No. 24 >  September 21, 1984
OFFICES AND OFFICERS - COUNTY - SHERIFF - ARREST - FEES
FEE UPON UNSUCCESSFUL ATTEMPT TO SERVE ARREST WARRANT Where a county sheriff makes one or more unsuccessful attempts to serve (or execute) an arrest warrant which is later cancelled or expires without having been successfully executed, and the sheriff makes a return of "not found" in order to show his efforts to execute the warrant, the sheriff is then entitled to a fee of five dollars "for making a return" plus a mileage fee, as provided for in RCW 36.18.040.
AGO 1976 No. 12 >  June 4, 1976
OFFICES AND OFFICERS - STATE - DEPARTMENT OF ECOLOGY - WATER - ISSUANCE OF LIMITED TERM WATER USE PERMITS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF ECOLOGY ‑- WATER ‑- ISSUANCE OF LIMITED TERM WATER USE PERMITS If, in order to attain "maximum net benefits" and protect the public welfare and interest against the long range detrimental effects of a perpetual water use not so restricted, the state department of ecology, in issuing a surface water right permit pursuant to RCW 90.03.290, determines to include a provision authorizing use of such waters unconditionally for specified initial period of time (e.g., fifty years), with any authorization to withdraw for further periods of time made dependent upon subsequent determinations by the department involving public needs for the waters involved, that action is likely to be upheld by the courts.
AGO 1984 No. 26 >  November 2, 1984
OFFICES AND OFFICERS - STATE - DEPARTMENT OF AGRICULTURE - AGRICULTURE
FORMATION OF AGRICULTURAL COMMODITY COMMISSIONS For the purposes of creating an agricultural commodity commission under a new marketing order or agreement, the provisions of the 1961 agricultural enabling act (chapter 15.65 RCW) have not superseded the provisions of the 1955 enabling act (chapter 15.66 RCW); therefore, a commodity commission may be created under a new order under either the 1961 or the 1955 act in accordance with the procedures set forth, respectively, therein as further outlined in this opinion.
AGO 1963 No. 46 >  August 5, 1963
OFFICES AND OFFICERS - STATE - DEPARTMENT OF NATURAL RESOURCES - BED OF OCEAN BEYOND OUTER HARBOR LINES - AUTHORITY OF DEPARTMENT TO LEASE FOR PURPOSES OF OIL AND GAS EXPLORATION
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF NATURAL RESOURCES ‑- BED OF OCEAN BEYOND OUTER HARBOR LINES ‑- AUTHORITY OF DEPARTMENT TO LEASE FOR PURPOSES OF OIL AND GAS EXPLORATION Section 1, Article XV, of the Washington State Constitution as amended by Amendment 15, does not prohibit the department of natural resources from leasing to private corporations submerged land located seaward from the outer harbor lines for the purposes of oil and gas exploration.
AGO 1963 No. 47 >  August 7, 1963
OFFICES AND OFFICERS - STATE - PATROL OFFICERS - OFF-DUTY HOURS - WITNESS - TESTIFYING ON BEHALF OF STATE - JUSTICE COURT
OFFICES AND OFFICERS ‑- STATE ‑- PATROL OFFICERS ‑- OFF-DUTY HOURS ‑- WITNESS ‑- TESTIFYING ON BEHALF OF STATE ‑- JUSTICE COURT A state patrol officer is not entitled to witness fees for appearing and testifying in a justice court on behalf of the state, county or municipality during off-duty hours unless he be subpoenaed and required to appear and testify in a county other than that in which he resides, or unless his appearance concerns matters not connected with his official duties.
AGO 1985 No. 1 >  January 7, 1985
OFFICES AND OFFICERS - STATE - LEGISLATOR
APPOINTMENT OF COUNTY COMMISSIONER TO VACANCY IN MULTI-COUNTY LEGISLATIVE POSITION If a vacancy occurs in one position of a House of Representatives district which encompasses two counties and part of a third county, the boards of county commissioners of the three counties, acting jointly pursuant to Wash. Const. Art. II, § 15 (Amendment 52), may not appoint one of their own members to fill such vacancy.
AGO 1985 No. 3 >  January 25, 1985
OFFICES AND OFFICERS - STATE - DEPARTMENT OF ECOLOGY - DEPARTMENT OF SOCIAL AND HEALTH SERVICES
STATE MONITORING AND REGULATION OF RADIOACTIVE EMISSIONS FROM FEDERAL NUCLEAR FACILITY The State of Washington does not have the requisite authority, under federal law, to regulate radioactive emissions from a federal nuclear facility‑-except for air emissions, which may be monitored by the State Department of Ecology under the federal Clean Air Act amendments of 1977.
AGO 1963 No. 50 >  August 26, 1963
OFFICES AND OFFICERS - STATE - LEGISLATURE - EXTENSION OF TERMS OF MUNICIPAL OFFICES - ELIGIBILITY OF LEGISLATOR TO BE CANDIDATE
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- EXTENSION OF TERMS OF MUNICIPAL OFFICES ‑- ELIGIBILITY OF LEGISLATOR TO BE CANDIDATE Article II, § 13, of the state constitution does not bar a member of the 1963 legislature from being a candidate for election to a city office the term of which was extended by § 4, chapter 200, Laws of 1963, from three to four years.
AGO 1991 No. 22 >  June 24, 1991
CITIES AND TOWNS - COUNTIES - ELECTIONS - OFFICES AND OFFICERS - CHARTERS - OPTIONAL MUNICIPAL CODE - AUTHORITY TO IMPOSE TERM LIMITATIONS ON ELECTED LOCAL GOVERNMENT OFFICIALS
CITIES AND TOWNS ‑- COUNTIES ‑- ELECTIONS ‑- OFFICES AND OFFICERS ‑- CHARTERS ‑- OPTIONAL MUNICIPAL CODE ‑- AUTHORITY TO IMPOSE TERM LIMITATIONS ON ELECTED LOCAL GOVERNMENT OFFICIALS 1.  Charter cities, charter counties, noncharter first class cities and noncharter code cities have the authority to impose a limit on the number of terms a locally elected official can serve.   2.  Depending upon the provisions of their charter, charter cities and charter counties can adopt a term limitation as a charter provision by ordinance or through the initiative process.  Noncharter first class cities and noncharter code cities can only adopt a term limitation through the passage of an ordinance.
AGO 1976 No. 16 >  September 22, 1976
OFFICES AND OFFICERS - COUNTY - TREASURER - TAXATION - FUNDING COSTS OF PROPERTY TAX FORECLOSURES
OFFICES AND OFFICERS ‑- COUNTY ‑- TREASURER ‑- TAXATION ‑- FUNDING COSTS OF PROPERTY TAX FORECLOSURES All reasonably necessary costs of foreclosure, distraint and sale of property for delinquent taxes that can be traced by a reliable accounting method to the particular taxpayer and property involved may be (1) charged against the revolving fund created by RCW 82.56.020 and (2) recovered as costs of foreclosure or costs of distraint against the taxpayer or other party against whom that statute authorizes the charging of "costs."
AGO 1963 No. 53 >  September 4, 1963
OFFICES AND OFFICERS - COUNTY - ASSESSOR - EMPLOYMENT OF PRIVATE EXPERT APPRAISERS - ASSESSMENT OF FORESTRY LAND AND TIMBER - COST OF APPRAISAL - COUNTY, SCHOOLS AND JUNIOR TAXING DISTRICTS
OFFICES AND OFFICERS ‑- COUNTY ‑- ASSESSOR ‑- EMPLOYMENT OF PRIVATE EXPERT APPRAISERS ‑- ASSESSMENT OF FORESTRY LAND AND TIMBER ‑- COST OF APPRAISAL ‑- COUNTY, SCHOOLS AND JUNIOR TAXING DISTRICTS If a private forestry firm appraises, pursuant to a contract, the forestry land and timber in a county for tax assessment purposes, the cost must be paid from the assessor's budget and cannot be paid by the schools and junior taxing district on some theory of anticipated benefit.
AGO 1963 No. 56 >  September 12, 1963
OFFICES AND OFFICERS - STATE - BOARD OF PRISON TERMS AND PAROLES - PERSON ARMED WITH DEADLY WEAPON AT TIME OF COMMISSION OF CRIME - TERM OF CONFINEMENT - SPECIAL VERDICT - AUTHORITY OF BOARD TO MAKE INDEPENDENT INVESTIGATION
OFFICES AND OFFICERS ‑- STATE ‑- BOARD OF PRISON TERMS AND PAROLES ‑- PERSON ARMED WITH DEADLY WEAPON AT TIME OF COMMISSION OF CRIME ‑- TERM OF CONFINEMENT ‑- SPECIAL VERDICT ‑- AUTHORITY OF BOARD... (1) The "special verdict" contemplated by RCW 9.95.015 is the finding made by a jury and reported to the court that a person found guilty was "armed with a deadly weapon at the time of commission of the crime." (2) Same :  There is no requirement that the board of prison terms and paroles be furnished with a copy of a special verdict on a finding of the court, it being sufficient if the sentence and judgement contains the necessary information. (3) Same :  When a person is convicted of robbery and no finding of fact, or special verdict, is made pursuant to RCW 9.95.015, but there is evidence in the board's possession convincingly showing that such person was "armed with a deadly weapon at the time of the commission of the crime," the board must fix the minimum term of confinement of five years if such person has not been previously convicted of a felony. (4) Same :  If there is no evidence whatsoever that a person convicted of robbery was armed with a deadly weapon at the time of the commission of the crime, the board is not required to fix the minimum term prescribed by RCW 9.75.010.
AGO 1963 No. 57 >  October 18, 1963
OFFICES AND OFFICERS - STATE - BOARD OF PRISON TERMS AND PAROLES
AUTHORITY TO CHANGE DESIGNATION OF STATE PAROLE AND PROBATION OFFICERS TO PAROLE BOARD AGENTS The board of prison terms and paroles is without statutory authority to change the titles of parole and probation officers to parole board agents.
AGO 1963 No. 59 >  September 20, 1963
OFFICES AND OFFICERS - STATE - INSURANCE COMMISSIONER - CHANGE IN INSURANCE RATES - HEARING
OFFICES AND OFFICERS ‑- STATE ‑- INSURANCE COMMISSIONER ‑- CHANGE IN INSURANCE RATES ‑- HEARING The public notice and hearing provisions of chapter 42.32 RCW are not applicable when changes in insurance rates are filed with and reviewed by the insurance commissioner; however, any member of the public affected by an increase or a threatened increase in his insurance rates may demand a full hearing before the commissioner.
AGO 1963 No. 64 >  October 10, 1963
OFFICES AND OFFICERS - COUNTY - AUDITOR - DEDUCTIONS FROM SALARY OF MARRIED EMPLOYEE NOT AMOUNTING TO ASSIGNMENT - AUTHORIZATION
OFFICES AND OFFICERS ‑- COUNTY ‑- AUDITOR ‑- DEDUCTIONS FROM SALARY OF MARRIED EMPLOYEE NOT AMOUNTING TO ASSIGNMENT ‑- AUTHORIZATION When requested by a married county employee to make payroll deductions for the payment of insurance premiums under RCW 41.04.020, or for contributions to the "United Fund" under RCW 41.04.036, or for the purposes set forth in § 3, chapter 164, Laws of 1963 (pledges to the United Good Neighbor or a successor, to a credit union, or monthly dues to a labor union), the county auditor is authorized to make such deduction since RCW 49.48.100 is not applicable.
AGO 1963 No. 66 >  October 18, 1963
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL DEFENSE DIRECTOR - OFFICES NOT INCOMPATIBLE - COMPENSATION
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- CIVIL DEFENSE DIRECTOR ‑- OFFICES NOT INCOMPATIBLE ‑- COMPENSATION (1) The offices of county sheriff and civil defense director are not incompatible. (2) A sheriff who also holds the office of civil defense director may receive compensation for said office in addition to his regular salary as sheriff.
AGO 1964 No. 80 >  January 23, 1964
OFFICES AND OFFICERS - STATE - DEPARTMENT OF AGRICULTURE - CASH BUYER - LICENSE AND BONDING REQUIREMENTS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF AGRICULTURE ‑- CASH BUYER ‑- LICENSE AND BONDING REQUIREMENTS A cash buyer (as well as a commission merchant and/or dealer) of livestock is required to post a $7,500 surety bond required by RCW 20.01.210 as a condition precedent to obtaining a license to engage in business under the provisions of chapter 20.01 RCW.
AGO 1964 No. 81 >  January 28, 1964
OFFICES AND OFFICERS - COUNTY - AUTHORITY TO PAY EXTRA COMPENSATION TO A SALARIED EMPLOYEE FOR OVERTIME WORK
OFFICES AND OFFICERS ‑- COUNTY ‑- AUTHORITY TO PAY EXTRA COMPENSATION TO A SALARIED EMPLOYEE FOR OVERTIME WORK A county official may pay extra compensation to a salaried employee for overtime work provided there has been compliance with the budgetary procedures which must be followed as a prerequisite to payment of any overtime compensation.
AGO 1964 No. 82 >  January 30, 1964
OFFICES AND OFFICERS - COUNTY - AUDITOR - DUTY TO ACCEPT FOR FILING PLATS SHOWING ESTABLISHED FARM UNITS UNDER RCW 89.12.040
OFFICES AND OFFICERS ‑- COUNTY ‑- AUDITOR ‑- DUTY TO ACCEPT FOR FILING PLATS SHOWING ESTABLISHED FARM UNITS UNDER RCW 89.12.040 Under RCW 89.12.040, as amended by chapter 3, Laws of 1963, the county auditor is not required to accept for filing any plats submitted by the Secretary of the Interior, other than those plats showing farm units established by the secretary.
AGO 1964 No. 85 >  February 19, 1964
OFFICES AND OFFICERS - STATE - DEPARTMENT OF FISHERIES - TIDELANDS RESERVED TO STATE FOR RECREATIONAL AND FISHING PURPOSES - NO AUTHORITY TO GRANT PRIVATE USE
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF FISHERIES ‑- TIDELANDS RESERVED TO STATE FOR RECREATIONAL AND FISHING PURPOSES ‑- NO AUTHORITY TO GRANT PRIVATE USE The director of the department of fisheries does not have the authority to grant private uses of tidelands reserved by the state under RCW 79.16.175 to abutting upland owners.
AGO 1976 No. 22 >  December 14, 1976
OFFICES AND OFFICERS - STATE - REPORTS OF FINANCIAL INTEREST - REPORTING PERIOD
OFFICES AND OFFICERS ‑- STATE ‑- REPORTS OF FINANCIAL INTEREST ‑- REPORTING PERIOD (1) A person who, on January 1, 1977, is serving in one of the appointive positions covered by RCW 42.17.240, as amended by Referendum No. 36, will be required to file a financial disclosure report pursuant to that statute even though such person resigns from his office at sometime between that date and January 31, 1977.  (2) Such financial disclosure reports as are first required to be filed by persons holding appointive offices under RCW 42.17.240, as amended, during January, 1977, will not be required to include otherwise reportable transactions occurring before the effective date (December 2, 1976) of Referendum Bill No. 36.
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. 92 >  March 18, 1964
OFFICES AND OFFICERS - COUNTIES - INCOMPATIBILITY OF OFFICES - CHAIRMAN OF COUNTY BOARD OF COMMISSIONERS AND COUNTY CIVIL DEFENSE DIRECTOR
OFFICES AND OFFICERS ‑- COUNTIES ‑- INCOMPATIBILITY OF OFFICES ‑- CHAIRMAN OF COUNTY BOARD OF COMMISSIONERS AND COUNTY CIVIL DEFENSE DIRECTOR Where a local civil defense organization as established by county ordinance under RCW 38.52.070 (1) is governed by a civil defense council consisting of the board of county commissioners and the mayor of each incorporated municipality in the county with the chairman of the board of county commissioners additionally serving as the chairman of the civil defense council, the chairman may not also serve as the civil defense director since the offices are incompatible.
AGO 1977 No. 1 >  January 5, 1977
OFFICES AND OFFICERS - STATE - ENERGY FACILITY SITE EVALUATION COUNCIL - GOVERNOR - CERTIFICATION OF ENERGY FACILITY SITES - PREEMPTION OF LOCAL ZONING CODES
OFFICES AND OFFICERS ‑- STATE ‑- ENERGY FACILITY SITE EVALUATION COUNCIL ‑- GOVERNOR ‑- CERTIFICATION OF ENERGY FACILITY SITES ‑- PREEMPTION OF LOCAL ZONING CODES The certification by the governor of designated energy facilities under chapter 80.50 RCW will have the effect of permitting the construction and operation of the facilities thus certified at whatever location is specified therein even where the otherwise applicable provisions of a county, city or regional zoning code are to the contrary in view of the preemptive language of RCW 80.50.100, as amended by § 37, chapter 108, Laws of 1975-76, 2nd Ex. Sess.
AGO 1977 No. 6 >  February 17, 1977
OFFICES AND OFFICERS - COUNTY - PUBLIC DEFENDER - ESTABLISHMENT OF PUBLIC DEFENDER'S OFFICE UNDER CHAPTER 36.26 RCW
OFFICES AND OFFICERS ‑- COUNTY ‑- PUBLIC DEFENDER ‑- ESTABLISHMENT OF PUBLIC DEFENDER'S OFFICE UNDER CHAPTER 36.26 RCW (1) A county may establish a public defender's office without forming a public defender district pursuant to chapter 36.26 RCW.  (2) If a public defender district is formed pursuant to chapter 36.26 RCW, the public defender and other lawyers appointed thereunder will be county employees and not independent contractors.  (3) Because chapter 36.26 RCW contains no provision for the removal of a public defender appointed thereunder during his term of office, it is unclear whether he can be so removed; accordingly, clarifying legislation is recommended.  (4) A public defender district created pursuant to chapter 36.26 RCW may be terminated at any time by the process of repealing the county ordinances or resolutions by which the district was created.
AGO 1964 No. 107 >  June 16, 1964
OFFICES AND OFFICERS - COUNTY - ASSESSOR - STANDARDS FOR ASSESSMENT FOR PROPERTY TAX PURPOSES - CLASSIFICATION OR ZONING AS TO USE UNDER PLANNING ENABLING ACT
OFFICES AND OFFICERS ‑- COUNTY ‑- ASSESSOR ‑- STANDARDS FOR ASSESSMENT FOR PROPERTY TAX PURPOSES ‑- CLASSIFICATION OR ZONING AS TO USE UNDER PLANNING ENABLING ACT Where land has been classified or zoned as to its use under the provisions of chapter 36.70 RCW, the county assessor should take into consideration this fact but he is not bound thereby in exercising his judgment as to the best uses to which the property can be put.
AGO 1985 No. 6 >  March 1, 1985
OFFICES AND OFFICERS - STATE - HUMAN RIGHTS COMMISSION - LEGISLATURE - GOVERNOR
TENURE OF HUMAN RIGHTS COMMISSION CHAIRPERSON Under the provisions of RCW 49.60.050 the Governor may designate as chairperson of the Washington State Human Rights Commission any member thereof, notwithstanding a previous Governor's designation of a different sitting commissioner as chairperson.
AGO 1977 No. 12 >  June 2, 1977
OFFICES AND OFFICERS - COUNTY - SHERIFF-LABOR - APPLICABILITY OF STATE MINIMUM WAGE ACT TO DEPUTY SHERIFFS
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF-LABOR ‑- APPLICABILITY OF STATE MINIMUM WAGE ACT TO DEPUTY SHERIFFS Deputy county sheriffs appointed pursuant to RCW 36.16.070 and chapter 41.14 RCW are exempt from the state minimum wage act (chapter 49.46 RCW) by reason of so much of RCW 49.46.010(5)(k) as excludes any individual ". . . who holds a public . . . appointive office of . . ." the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof.
AGO 1977 No. 15 >  July 11, 1977
OFFICES AND OFFICERS - STATE - LEGISLATOR - COUNTY - ELECTIONS - NECESSITY OF ELECTION TO FILL VACANCY IN PARTISAN COUNTY OR LEGISLATIVE OFFICES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- COUNTY ‑- ELECTIONS ‑- NECESSITY OF ELECTION TO FILL VACANCY IN PARTISAN COUNTY OR LEGISLATIVE OFFICES (1) If a vacancy occurs in a partisan county or legislative office prior to the state general election which is to be held on November 8, 1977, an election will then be required for the remainder of the unexpired term regardless of whether or not the vacancy is initially filled by appointment.  (2) If such a vacancy occurs on or before the last Friday in July of 1977, filings should be accepted pursuant to RCW 29.18.030 and the election should be conducted accordingly in the usual manner.  (3) If such a vacancy occurs after the last Friday in July of 1977, but on or before the first Friday in August, nominations and filings may be made by the political parties under RCW 29.18.150.  (4) If, however, the vacancy does not occur until after the first Friday in August, 1977, the only method for conducting the election will be on a write‑in basis since RCW 29.21.350-29.21.410 only pertain to elections for nonpartisan offices.
AGO 1985 No. 15 >  September 13, 1985
OFFICES AND OFFICERS - STATE - LEGISLATOR
APPOINTMENT OF FORMER COUNTY COMMISSIONER TO VACANCY IN MULTI-COUNTY LEGISLATIVE POSITION A former member of a board of county commissioners is eligible for appointment to a vacant Senate seat if the former commissioner has resigned prior to the appointment, the resignation is made without qualification and there is no pre‑arranged agreement that the former member will be appointed.
AGO 1985 No. 16 >  September 25, 1985
OFFICES AND OFFICERS - STATE - LEGISLATOR
APPOINTMENT TO FILL VACANCY IN MULTI-COUNTY LEGISLATIVE POSITION ‑- NUMBER OF VOTES TO BE CAST BY LEGISLATIVE BODY OF A HOME RULE COUNTY When a vacancy occurs in a joint legislative district located partly in a home rule county governed by a legislative body consisting of more than three members, and partly in a county governed by a three‑member board of county commissioners, each county is entitled to cast three votes in the appointment process.
AGO 1986 No. 4 >  February 10, 1986
OFFICES AND OFFICERS - STATE - TERM OF OFFICE
EFFECT OF LEGISLATIVE REDUCTION ON TERMS AND SALARIES OF STATE LIQUOR BOARD MEMBERS Legislative reduction of the terms of office of current members of the Washington State Liquor Control Board does not infringe upon a right of the members to a continuation of salary for the balance of the terms for which they were originally appointed.
AGO 1977 No. 20 >  October 26, 1977
OFFICES AND OFFICERS - COUNTY CLERK - FEES - REFUNDS - REFUNDING JURY FEES
OFFICES AND OFFICERS ‑- COUNTY CLERK ‑- FEES ‑- REFUNDS ‑- REFUNDING JURY FEES The clerk of a superior court is not required by law to return a jury fee paid in a civil lawsuit either (1) when the demand for jury has been stricken by the court more than three days before the date of trial for the reason that the demand was untimely filed or (2) when, after the case has been set for trial, the court is notified of a settlement in the case prior to the trial date.
AGO 1977 No. 22 >  November 10, 1977
OFFICES AND OFFICERS - COUNTY - CORONER - TREASURER - DECEDENTS - ESCHEAT - PROBATE OF CERTAIN DECEDENTS' ESTATES
OFFICES AND OFFICERS ‑- COUNTY ‑- CORONER ‑- TREASURER ‑- DECEDENTS ‑- ESCHEAT ‑- PROBATE OF CERTAIN DECEDENTS' ESTATES The provisions of RCW 36.24.130 and 36.24.140 do not authorize a county to probate the estate of the person who has died without heirs or to place to the credit of the county other assets of the decedent except ". . . money or other property which may be found upon the dead body . . ." 
AGO 1964 No. 119 >  September 8, 1964
OFFICES AND OFFICERS - STATE - INSURANCE COMMISSIONER - ORGANIZED INSURERS - SOLICITATION PERMITS - DURATION
OFFICES AND OFFICERS ‑- STATE ‑- INSURANCE COMMISSIONER ‑- ORGANIZED INSURERS ‑- SOLICITATION PERMITS ‑- DURATION The insurance commissioner has the authority in the exercise of his discretion to issue a solicitation permit for subsequent financing under RCW 48.06.180 for an initial effective period in excess of two years.
AGO 1964 No. 120 >  September 9, 1964
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - ELECTRICIANS' LICENSE - CONTRACTING FIRM - EMPLOYEES - PRE‑EMPTION PREVENTS LICENSING BY CITIES AND TOWNS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF LABOR AND INDUSTRIES ‑- ELECTRICIANS' LICENSE ‑- CONTRACTING FIRM ‑- EMPLOYEES ‑- PRE‑EMPTION PREVENTS LICENSING BY CITIES AND TOWNS The state acting through the department of labor and industries may not require each electrician-employee of an electrical contracting firm (which firm is licensed by the state under chapter 19.28 RCW) to obtain an individual state license.  The state license issued to the firm which entitles it to engage in business "in any and all places in the state of Washington" precludes a city or town from requiring a local license of the employees of such firm.
AGO 1977 No. 2 >  January 10, 1977
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - SALARIES - INCREASE IN SALARIES OF COUNTY COMMISSIONERS UPON RECLASSIFICATION OF COUNTY
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- SALARIES ‑- INCREASE IN SALARIES OF COUNTY COMMISSIONERS UPON RECLASSIFICATION OF COUNTY Under present state constitutional provisions, it is now permissible for county commissioners to receive a legislatively granted mid-term salary increase resulting from an upward reclassification of their county and the commissioners may, constitutionally, adopt appropriate budgetary amendments to fund such salary increases.
AGO 1978 No. 3 >  January 26, 1978
OFFICES AND OFFICERS - STATE - LEGISLATOR - SALARIES - SALARIES PAYABLE TO PERSONS APPOINTED OR ELECTED TO SENATE VACANCIES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- SALARIES ‑- SALARIES PAYABLE TO PERSONS APPOINTED OR ELECTED TO SENATE VACANCIES (1) A person who is either appointed or elected to an unexpired term to which the $3,800 per year salary provided for by chapter 149, Laws of 1974, 1st Ex. Sess., is applicable is constitutionally prohibited from being paid at the increased salary rate ($7,200 per annum) provided for by § 1, chapter 113, Laws of 1975-76, 2nd Ex. Sess. at any time during the remainder of the Senate term to which he or she is thus appointed or elected.  (2) A person who is either appointed or elected to a Senate vacancy to which the $7,200 per annum rate provided for in chapter 113, supra , is currently applicable is constitutionally prohibited from being paid at the further increased rate of $9,800 per annum, under § 1, chapter 318, Laws of 1977, 1st Ex. Sess. at any time during the remainder of such an unexpired term.  (3) Each of the foregoing conclusions is equally applicable in those instances in which the person so appointed or elected to a Senate vacancy is, at the time of the appointment or election, an incumbent member of the state House of Representatives.
AGO 1964 No. 125 >  October 21, 1964
OFFICES AND OFFICERS - COUNTIES - BUDGET - CAPITAL OUTLAY FOR VARIOUS OFFICES
OFFICES AND OFFICERS ‑- COUNTIES ‑- BUDGET ‑- CAPITAL OUTLAY FOR VARIOUS OFFICES The board of county commissioners may not require all capital outlay for the various county offices to be budgeted under one capital outlay category in the board of county commissioners' budget.
AGO 1986 No. 14 >  December 17, 1986
OFFICES AND OFFICERS - STATE
BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS ‑‑ EMPLOYEES ASSIGNED TO SUPPORT BOARD FUNCTIONS ‑‑ SUPERVISION OF EMPLOYEES (1) The Board of Registration for Professional Engineers and Land Surveyors, not the Director of the Department of Licensing, has the authority to manage, direct, supervise, and discipline those employees assigned to support the Board's function.(2) The Director of the Department of Licensing does not have the authority to assign duties to these employees other than duties relating to the Board's functions.
AGO 1992 No. 8 >  June 1, 1992
DISTRICTS - WATER - COMMISSIONERS - OFFICES AND OFFICERS - COMPENSATION - INSURANCE
Applicability of RCW 41.04.190 to Insurance Benefits Provided to Water District Commissioners Pursuant to RCW 57.04.190 RCW 41.04.190 provides that insurance benefits are not additional compensation for county elected officials.  RCW 41.04.190 does not apply to insurance benefits provided to water district commissioners pursuant to RCW 57.08.100.
AGO 1965 No. 2 >  January 12, 1965
OFFICES AND OFFICERS - LEGISLATURE - SALARIES OF MEMBERS - INCREASE EFFECTIVE FOR NEXT TERM OF OFFICE - ELIGIBILITY TO RUN FOR RE‑ELECTION [[REELECTION]]
OFFICES AND OFFICERS ‑- LEGISLATURE ‑- SALARIES OF MEMBERS ‑- INCREASE EFFECTIVE FOR NEXT TERM OF OFFICE ‑- ELIGIBILITY TO RUN FOR RE‑ELECTION [[REELECTION]] If the legislature at its present session were to enact a law increasing the salaries of legislators effective for the terms commencing in January, 1967, the passage of such a law would not render the members of the legislature ineligible to seek re‑election [[reelection]].
AGO 1965 No. 4 >  January 18, 1965
OFFICES AND OFFICERS - COUNTY - ASSESSOR - TAX ROLLS - LISTING OF PROPERTY - AUTHORITY TO CORRECT POSSIBLE ERROR
OFFICES AND OFFICERS ‑- COUNTY ‑- ASSESSOR ‑- TAX ROLLS ‑- LISTING OF PROPERTY ‑- AUTHORITY TO CORRECT POSSIBLE ERROR If an assessor has good reason to believe that there may be an error in the tax rolls which would result in certain property being assessed at other than its true and fair value, he has the authority and a duty to determine whether an error does exist, and if so, to take whatever corrective measures that are necessary.
AGO 1965 No. 7 >  February 9, 1965
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - SCHOOL BOARD MEMBER - INCOMPATIBLE OFFICES
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- SCHOOL BOARD MEMBER ‑- INCOMPATIBLE OFFICES In a county in which federal forest funds or public utility district funds are disbursed to the school districts of the county, the offices of county commissioner and school district director are incompatible.
AGO 1965 No. 14 >  March 16, 1965
OFFICES AND OFFICERS - LEGISLATURE - MEMBERS - VACANCY - APPOINTMENT OF PERSON FROM SAME POLITICAL PARTY AND LEGISLATIVE DISTRICT
OFFICES AND OFFICERS ‑- LEGISLATURE ‑- MEMBERS ‑- VACANCY ‑- APPOINTMENT OF PERSON FROM SAME POLITICAL PARTY AND LEGISLATIVE DISTRICT In the event of a vacancy in either house of the Washington state legislature prior to the date of commencement of new legislative terms of office under chapter 6, Laws of 1965, the person appointed to fill the vacancy for the remainder of the unexpired term must be from the same political party as the legislator whose office was vacated and he must reside somewhere within the geographical area which comprised the legislative district from which his predecessor was elected or appointed.
AGO 1992 No. 11 >  June 29, 1992
WATER DISTRICT COMMISSIONERS - OFFICES AND OFFICERS - EMPLOYERS AND EMPLOYEES - CONFLICT OF INTEREST - CONTRACTS
Applicability of Code of Ethics for Municipal Officers to Water District Commissioner and Part-time Employee 1.  A water district commissioner is a municipal officer subject to the Code of Ethics for Municipal Officers, chapter 42.23 RCW.  Under RCW 42.23.030 a water district commissioner cannot have a beneficial interest in a contract with the district where the water district's total liability exceeds $750 in any calendar month. 2.  A part-time employee, operating under the control of a board of water commissioners is not a municipal officer subject to the Code of Ethics for Municipal Officers.  Thus, the restrictions in RCW 42.23.030 do not apply to the part-time employee.
AGO 1965 No. 15 >  March 25, 1965
OFFICES AND OFFICERS - STATE - MILITIA - ADJUTANT GENERAL - ASSISTANT ADJUTANTS GENERAL - COMPENSATION
OFFICES AND OFFICERS ‑- STATE ‑- MILITIA ‑- ADJUTANT GENERAL ‑- ASSISTANT ADJUTANTS GENERAL ‑- COMPENSATION The adjutant general and the two assistant adjutants general of the state of Washington while on active duty as such officers should each receive pay and allowances prescribed for his military rank by the current federal laws and regulations for an officer of his grade and years of service.
AGO 1965 No. 20 >  May 26, 1965
OFFICES AND OFFICERS - COUNTY - AUDITOR - VACANCY IN OFFICE - APPOINTMENT BY COUNTY COMMISSIONERS - COMMISSIONER NOT ELIGIBLE FOR APPOINTMENT - RESIGNATION
OFFICES AND OFFICERS ‑- COUNTY ‑- AUDITOR ‑- VACANCY IN OFFICE ‑- APPOINTMENT BY COUNTY COMMISSIONERS ‑- COMMISSIONER NOT ELIGIBLE FOR APPOINTMENT ‑- RESIGNATION ‑- EFFECT (1) A board of county commissioners may not appoint one of its members to fill a vacancy in the office of county auditor. (2) Same: If a county commissioner were to resign his office for the sole purpose of accepting an appointment as the county auditor under a prior agreement to that effect with the board of which he was a member, the member would still be ineligible for the appointment notwithstanding his resignation.
AGO 1965 No. 29 >  July 26, 1965
OFFICES AND OFFICERS - BOARD OF PRISON TERMS AND PAROLES - CHAIRMAN - AUTHORITY OF GOVERNOR - TERM
OFFICES AND OFFICERS ‑- BOARD OF PRISON TERMS AND PAROLES ‑- CHAIRMAN ‑- AUTHORITY OF GOVERNOR ‑- TERM The member of the board of prison terms and paroles designated as chairman is entitled to serve in such capacity only during the term of the appointing governor although he is entitled to continue to serve as member of the board for the fixed term for which he was appointed unless removed for cause under RCW 43.67.020.
AGO 1965 No. 30 >  August 12, 1965
OFFICES AND OFFICERS - STATE - COLLEGES - BOARDS OF TRUSTEES - COMPENSATION - REIMBURSEMENT FOR EXPENSES
OFFICES AND OFFICERS ‑- STATE ‑- COLLEGES ‑- BOARDS OF TRUSTEES ‑- COMPENSATION ‑- REIMBURSEMENT FOR EXPENSES Members of the boards of trustees of the state colleges are entitled to reimbursement for expenses incurred in attending board meetings (RCW 43.03.050, RCW 43.03.060); however, the legislature has not authorized the board to establish in addition thereto, payment of compensation to board members for attendance at board meetings.
AGO 1965 No. 31 >  August 12, 1965
OFFICES AND OFFICERS - COUNTY - ASSESSORS - TAXATION - REAL PROPERTY - MAXIMUM LEVEL OF ASSESSMENT
BLANKET PERCENTAGE INCREASE WITHOUT PHYSICAL INSPECTION OF PROPERTY (1) A county assessor may, within the limits prescribed by RCW 84.40.030 and Article VII, § 2, Amendment 17, Washington State Constitution (assessment of property at fifty percent of its true and fair value in money) increase the level of assessment on all property in his county on a uniform basis although it may not be possible to make a physical inspection or reappraisement of all the property in the county during a single year. (2) A county assessor whose records do not specifically list the 100% market value of properties in the county, but simply the assessed value, may nevertheless make the contemplated adjustment in the level of assessment since full true and fair market value is ascertainable from the information available in his office.
AGO 1965 No. 34 >  August 30, 1965
OFFICES AND OFFICERS - STATE - AGENCIES - HOSPITALIZATION AND MEDICAL AID CONTRACTS FOR EMPLOYEES - GEOGRAPHICAL INABILITY OF CARRIER TO SERVICE ALL EMPLOYEES - EMPLOYEE ORGANIZATION CONSIDERATION
OFFICES AND OFFICERS ‑- STATE ‑- AGENCIES ‑- HOSPITALIZATION AND MEDICAL AID CONTRACTS FOR EMPLOYEES ‑- GEOGRAPHICAL INABILITY OF CARRIER TO SERVICE ALL EMPLOYEES ‑- EMPLOYEE ORGANIZATION... (1) An agency cannot enter into a single contract for a hospitalization and medical aid plan that is not available to all its employees or all employees within constitutionally permissible categories because of the inability of the carrier to service all the employees of the agency where the agency executes only one contract.  However, an agency may contract for a hospitalization and medical aid plan which is not available to all of its employees or all employees within constitutionally permissible categories because of the inability geographically of the carrier to service all of the employees of the state agency, if the agency provides substantially equivalent hospitalization and medical aid contracts to all its employees or all employees within a certain category under another contract or contracts. (2) Same: An agency cannot enter into only one hospitalization and medical aid contract that is available to its employees or categories of employees only if the employees belong to a specific employee organization.  However, an agency may contract for a hospitalization and medical aid plan which is available to its employees or categories of employees but conditioned upon membership in a specific employee organization, if the agency at the same time provides substantially equivalent hospitalization and medical aid contracts to all its employees or all employees within a certain category under another contract or contracts.
AGO 1978 No. 12 >  April 25, 1978
OFFICES AND OFFICERS - CITY - MAYOR - POST COMMISSIONER - INCOMPATIBLE PUBLIC OFFICES - SIMULTANEOUS SERVICE AS MAYOR OF FOURTH CLASS CITY AND PORT DISTRICT COMMISSIONER
OFFICES AND OFFICERS ‑- CITY ‑- MAYOR ‑- POST COMMISSIONER ‑- INCOMPATIBLE PUBLIC OFFICES ‑- SIMULTANEOUS SERVICE AS MAYOR OF FOURTH CLASS CITY AND PORT DISTRICT COMMISSIONER (1) Because of the common law doctrine of incompatible public offices, the same individual may not simultaneously serve as a port district commissioner and as mayor of a town (fourth class city) which is situated entirely within the boundaries of such a district.   (2) Unless an individual who is so serving voluntarily resigns from one or the other of the two incompatible public offices, he will be vulnerable to ouster, from one or the other, by court action; however, based upon the de facto officer doctrine, even though the simultaneous holding of the two offices here in question is not permissible, this does not mean that the past actions of the individual involved in the position which is not retained would thereby be null and void.
AGO 1978 No. 16 >  May 10, 1978
OFFICES AND OFFICERS - STATE - URBAN ARTERIAL BOARD - FUNDS - HIGHWAYS - STREETS - ROADS
UTILIZATION OF URBAN ARTERIAL TRUST ACCOUNT MONEYS (1) The Urban Arterial Board (UAB) may allocate urban arterial trust account moneys for construction projects on city arterials which form a part of the state highway system, but only if such moneys are requested by a city and the project otherwise meets all requirements for urban arterial projects.   (2) The Urban Arterial Board is not permitted or required to allocate urban arterial trust account moneys for the construction of state highways outside of incorporated cities or towns.
AGO 1978 No. 17 >  May 11, 1978
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - PROPERTY - HOUSING AUTHORITIES - SALE OF PROPERTY BY COUNTY COMMISSIONER TO COUNTY HOUSING AUTHORITY
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- PROPERTY ‑- HOUSING AUTHORITIES ‑- SALE OF PROPERTY BY COUNTY COMMISSIONER TO COUNTY HOUSING AUTHORITY Except under certain special circumstances whereby the normal relationship between a board of county commissioners and a county housing authority is modified, as further indicated herein, the sale of real property by a county commissioner to a county housing authority within the same county does not violate any statutory provision concerning conflicts of interest.
AGO 1978 No. 22 >  July 26, 1978
OFFICES AND OFFICERS - DISTRICT - FIRE PROTECTION - WIFE COMMISSIONER AS SECRETARY OF FIRE PROTECTION DISTRICT
OFFICES AND OFFICERS ‑- DISTRICT ‑- FIRE PROTECTION ‑- WIFE COMMISSIONER AS SECRETARY OF FIRE PROTECTION DISTRICT (1) The provisions of chapter 42.23 RCW are not violated by the appointment, by a board of fire commissioners, of the wife of one such commissioner to serve as secretary of the district.  (2) It is not a violation of RCW 52.12.010 for the wife of a fire protection district commissioner who has been appointed to serve as secretary of the district to be compensated for her services as such.
AGO 1978 No. 27 >  October 25, 1978
OFFICES AND OFFICERS - STATE - WASHINGTON STATE LIQUOR CONTROL BOARD - CITIES AND TOWNS - ON-PREMISE SALE OF LIQUOR ONLY TO PERSONS CONSUMING FOOD
OFFICES AND OFFICERS ‑- STATE ‑- WASHINGTON STATE LIQUOR CONTROL BOARD ‑- CITIES AND TOWNS ‑- ON-PREMISE SALE OF LIQUOR ONLY TO PERSONS CONSUMING FOOD (1) The Washington State Liquor Control Board does not have the authority, under existing law, to restrict the on-premise sale of liquor by state licensees ". . . to customers who are seated at a table and also consuming food . . ." based upon a finding that a cocktail lounge or bar-type atmosphere would be compatible or disruptive to adjacent land uses.  (2) A city may not, in the exercise of its police power, impose conditions or restrictions upon restaurant liquor licensees limiting the service of liquor for on-premise consumption to seated customers consuming food because such an ordinance would conflict with certain provisions of the state liquor code.
AGO 1965 No. 44 >  October 5, 1965
OFFICES AND OFFICERS - STATE - LEGISLATORS - LAWYERS - CODE OF ETHICS - REPORTING PERIOD - INCOME
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATORS ‑- LAWYERS ‑- CODE OF ETHICS ‑- REPORTING PERIOD ‑- INCOME (1) Under § 6, subsection (3), chapter 150, Laws of 1965, Ex. Sess. (Substitute Senate Bill No. 1) which requires a public official or candidate to report the names of persons, corporations, firms, partnerships or other business associations from whom he receives compensation exceeding a certain specified amount, a legislator who is an attorney engaged in the private practice of law is required to report the name of his firm but is not required to report the names of his individual clients since a lawyer is not an "employee" of a client in the ordinary attorney-client relationship. (2) The first report which must be filed by incumbent public officials subject to the provisions of § 6, chapter 150, Laws of 1965, Ex. Sess. (Substitute Senate Bill No. 1) will cover the period August 6, 1965, through December 31, 1965, since the new act must be construed prospectively.
AGO 1978 No. 30 >  December 19, 1978
OFFICES AND OFFICERS - PROSECUTING ATTORNEY - COURTS - JUVENILES - DIVERSION OF JUVENILE OFFENDERS
OFFICES AND OFFICERS ‑- PROSECUTING ATTORNEY ‑- COURTS ‑- JUVENILES ‑- DIVERSION OF JUVENILE OFFENDERS Where an information charging criminal conduct by a juvenile offender has been properly filed by the prosecuting attorney as authorized under RCW 13.40.070, the superior court is not authorized then to declare the accused eligible to enter into a diversion agreement pursuant to RCW 13.40.080 rather than adjudicating his or her innocence or guilt.
AGO 1965 No. 46 >  October 13, 1965
OFFICES AND OFFICERS - STATE - DEPARTMENT OF INSTITUTIONS - MENTAL RETARDATION FACILITIES AND COMMUNITY HEALTH CENTERS CONSTRUCTION ACT OF 1963 - DESIGNATION OF AGENCY TO CONDUCT PROGRAM
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF INSTITUTIONS ‑- MENTAL RETARDATION FACILITIES AND COMMUNITY HEALTH CENTERS CONSTRUCTION ACT OF 1963 ‑- DESIGNATION OF AGENCY TO CONDUCT PROGRAM 1. Chapter 75, Laws of 1965, authorizes the state of Washington to participate in the programs set forth in the "Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963." 2. The designation by the governor of the department of institutions "as the sole agency for administration of the state plan and as the mental health and mental retardation construction authority" is in conformity with chapter 75, Laws of 1965, and thereby vests the department of institutions with authority to conduct and perform on behalf of the state of Washington the programs set forth in the "Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963." 3. The governor has the authority under chapter 75, Laws of 1965, to direct the mental retardation and mental health advisory council to "advise the department of institutions directly on matters relating to mental health and mental retardation construction," in accordance with § 2684 (3), Title 42, U.S.C.A.
AGO 1987 No. 21 >  October 21, 1987
OFFICES AND OFFICERS - STATE - LEGISLATOR
NOMINATION OF COUNTY COMMISSIONER TO VACANCY IN MULTI-COUNTY LEGISLATIVE POSITION A member of a board of county commissioners (which county is within the joint legislative district) is not eligible to be nominated by a state central committee to fill a legislative vacancy from a joint legislative district.
AGO 1987 No. 22 >  October 29, 1987
OFFICES AND OFFICERS - STATE OFFICES - HIGHER EDUCATION
STATUTORY PROHIBITION AGAINST SERVING AS MEMBER OF STATE BOARD AND DIRECTOR OF JOINT CENTER FOR HIGHER EDUCATION RCW 28B.50.050 prohibits a member of the State Board for Community College Education from also serving as the interim director of the Joint Center for Higher Education.
AGO 1965 No. 54 >  December 6, 1965
OFFICES AND OFFICERS - STATE - DIRECTOR OF GENERAL ADMINISTRATION - VOLUME PURCHASES OF INSURANCE AND FAITHFUL PERFORMANCE BONDS - DETERMINATION AND PLACEMENT - DELEGATION OF AUTHORITY
OFFICES AND OFFICERS ‑- STATE ‑- DIRECTOR OF GENERAL ADMINISTRATION ‑- VOLUME PURCHASES OF INSURANCE AND FAITHFUL PERFORMANCE BONDS ‑- DETERMINATION AND PLACEMENT ‑- DELEGATION OF AUTHORITY The administrative discretion vested in the director of general administration with respect to method to be used for satisfying the state's need for insurance and public official bonds under RCW 43.19.1935, may not be delegated to a private insurance agent, broker or association.
AGO 1987 No. 25 >  November 25, 1987
OFFICES AND OFFICERS - STATE PATROL - STATE
AUTHORITY OF STATE PATROL TO EXERCISE POWERS AND DUTIES OF COMMISSION ON EQUIPMENT The Washington State Patrol can exercise powers and duties of the Commission on Equipment set forth in chapters 247 and 311, Laws of 1987.
AGO 1965 No. 56 >  December 14, 1965
OFFICES AND OFFICERS - STATE - DIRECTOR OF MOTOR VEHICLES - ESCROW AGENT REGISTRATION ACT - LOCAL REPRESENTATION OF ESCROW AGENTS
OFFICES AND OFFICERS ‑- STATE ‑- DIRECTOR OF MOTOR VEHICLES ‑- ESCROW AGENT REGISTRATION ACT ‑- LOCAL REPRESENTATION OF ESCROW AGENTS As defined herein, a local representative of an escrow agent, who has either registered under chapter 153, Laws of 1965, the escrow agent registration act, or who is exempted from the provisions thereof, is not required to register.
AGO 1965 No. 57 >  December 14, 1965
OFFICES AND OFFICERS - STATE - DIRECTOR OF MOTOR VEHICLES - ESCROW AGENT REGISTRATION ACT - EXEMPTION OF TITLE INSURANCE COMPANIES DOES NOT INCLUDE TITLE COMPANIES
OFFICES AND OFFICERS ‑- STATE ‑- DIRECTOR OF MOTOR VEHICLES ‑- ESCROW AGENT REGISTRATION ACT ‑- EXEMPTION OF TITLE INSURANCE COMPANIES DOES NOT INCLUDE TITLE COMPANIES Section 2, chapter 153, Laws of 1965, of the escrow agent registration act, exempts title insurance companies that engage in the escrow business from the provisions of the act but does not similarly exempt title companies.
AGO 1965 No. 58 >  December 14, 1965
OFFICES AND OFFICERS - STATE - DIRECTOR OF MOTOR VEHICLES - ESCROW AGENT REGISTRATION ACT - PRIMARY COMMERCIAL BLANKET BOND - COVERAGE FOR OFFICERS AND EMPLOYEES
OFFICES AND OFFICERS ‑- STATE ‑- DIRECTOR OF MOTOR VEHICLES ‑- ESCROW AGENT REGISTRATION ACT ‑- PRIMARY COMMERCIAL BLANKET BOND ‑- COVERAGE FOR OFFICERS AND EMPLOYEES Applicants for registration under the escrow agent registration act, chapter 153, Laws of 1965, who are individuals or partnerships not having any officers or employees are not required to obtain a "primary commercial blanket bond" since coverage under such bond only protects the employers from the acts of his employees and officers.
AGO 1965 No. 63 >  December 28, 1965
OFFICES AND OFFICERS - STATE - DEPARTMENT OF CONSERVATION - FLOOD CONTROL PROJECTS - PARTICIPATION WITH MUNICIPALITIES UNDER CHAPTER 86.26 RCW - PORT DISTRICTS EXCLUDED
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF CONSERVATION ‑- FLOOD CONTROL PROJECTS ‑- PARTICIPATION WITH MUNICIPALITIES UNDER CHAPTER 86.26 RCW ‑- PORT DISTRICTS EXCLUDED Under existing state law the director of the department of conservation is not authorized by chapter 86.26 RCW to participate with port districts in flood control projects.
AGO 1966 No. 66 >  January 10, 1966
OFFICES AND OFFICERS - STATE - COUNTY - ELIGIBILITY OF CANDIDATE - CONVICTION OF FELONY OR GROSS MISDEMEANOR - DISMISSAL OF PROCEEDINGS UNDER RCW 9.95.240
OFFICES AND OFFICERS ‑- STATE ‑- COUNTY ‑- ELIGIBILITY OF CANDIDATE ‑- CONVICTION OF FELONY OR GROSS MISDEMEANOR ‑- DISMISSAL OF PROCEEDINGS UNDER RCW 9.95.240 Assuming a person is otherwise qualified for a particular public office, he may file for and hold, if elected, a state or county office even though he had previously entered a plea or was found guilty of a felony (an infamous crime in this state resulting in a loss of the elective franchise) where his sentence was deferred; he was placed on probation and at the expiration thereof the superior court dismissed the proceedings under RCW 9.95.240, releasing him "from all penalties and disabilities resulting from the offense or crime of which he was convicted."
AGO 1966 No. 68 >  January 17, 1966
OFFICES AND OFFICERS - COUNTY - TREASURER - SCHOOL DISTRICT OR OTHER MUNICIPAL FUNDS - REFUNDING BOND ISSUE - PROCEEDS IN CUSTODY OF TREASURER - INVESTMENT FEE
OFFICES AND OFFICERS ‑- COUNTY ‑- TREASURER ‑- SCHOOL DISTRICT OR OTHER MUNICIPAL FUNDS ‑- REFUNDING BOND ISSUE ‑- PROCEEDS IN CUSTODY OF TREASURER ‑- INVESTMENT FEE Where a school district or other municipal corporation issues and sells refunding bonds pursuant to chapter 138, Laws of 1965, Ex. Sess., and places the proceeds in the custody of its county treasurer for investment pending ultimate application to the purpose for which the bonds have been issued, the investment service fee provided by RCW 28.58.440 or RCW 39.29.020 is to be charged.
AGO 1966 No. 69 >  January 18, 1966
OFFICES AND OFFICERS - STATE - CODE OF ETHICS - PUBLIC OFFICIAL - DIRECT FINANCIAL INTEREST - REGULATORY AGENCY - REPORT REQUIRED
OFFICES AND OFFICERS ‑- STATE ‑- CODE OF ETHICS ‑- PUBLIC OFFICIAL ‑- DIRECT FINANCIAL INTEREST ‑- REGULATORY AGENCY ‑- REPORT REQUIRED (1) Under § 6 of the 1965 Public Officials' Code of Ethics Act (chapter 150, Laws of 1965, Ex. Sess.), which requires "public officials" to make regular periodic written disclosures of certain financial interests and activities, the term "public official" includes (a) all state officers expressly mentioned in § 2 of the act, (b) all other state officials, and (c) state employees who are engaged in supervisory, policy making or policy enforcing work.  The term includes, but is not limited to, appointive executive department or service agency heads, directors, assistant directors, executive secretaries, and managers; appointive members of state boards or commissions; assistant attorneys general; supervisory employees of the supreme court; and supervisory or policy making or enforcing deputies or assistants to elective officials.  Any state employee believing his position is by reason of its function thus included who has any reportable financial interest or activity should file a report unless he has received reliable legal advice to the contrary.
AGO 1966 No. 70 >  January 21, 1966
OFFICES AND OFFICERS - COUNTY - AUDITOR - ISSUANCE OF MARRIAGE LICENSE - THREE‑DAY WAITING PERIOD - DELIVERY OF LICENSE
OFFICES AND OFFICERS ‑- COUNTY ‑- AUDITOR ‑- ISSUANCE OF MARRIAGE LICENSE ‑- THREE‑DAY WAITING PERIOD ‑- DELIVERY OF LICENSE (1) In computing the three‑day waiting period for issuance of a marriage license a county auditor may count days on which his office is closed. (2) If the third day falls on a day on which a county auditor's office is closed, the auditor may authorize a qualified person in the sheriff's office to deliver the marriage license to the applicant at the sheriff's office on such date provided (1) the person who actually delivers the license has been appointed as a deputy county auditor under RCW 36.16.070; and (2) the county commissioners by resolution have authorized such activity.
AGO 1966 No. 71 >  January 26, 1966
OFFICES AND OFFICERS - STATE - DIRECTOR OF CONSERVATION - ANNUAL POWER LICENSE FEE - PARTIAL REFUND
OFFICES AND OFFICERS ‑- STATE ‑- DIRECTOR OF CONSERVATION ‑- ANNUAL POWER LICENSE FEE ‑- PARTIAL REFUND The director of conservation is not authorized to refund to a "claimant" a portion of the annual "power" license fee for the calendar year 1965, which is required to be paid by the claimant under RCW 90.16.050, when the hydroelectric project to which the fee related is made inoperable during the calendar year 1965, by an "Act of God."
AGO 1988 No. 29 >  December 1, 1988
JUDGES - COUNTIES - OFFICES AND OFFICERS - COMPENSATION
JUDGES ‑- COMPENSATION ‑- OFFICES AND OFFICERS ‑- COUNTIES 1.A county may lawfully eliminate its provision of medical, dental, and life insurance benefits to its superior court judges when the judges, who are also state officers, receive similar benefits from the state.2.Where superior court judges as state officers are receiving health and life insurance benefits from the state, a county is not legally required to provide superior court judges with the same type of benefits, whether or not the state benefits are as comprehensive as those offered by the county to its other officers and employees.
AGO 1995 No. 4 >  March 31, 1995
MUNICIPAL JUDGES - CITIES - ELECTIONS - OFFICES AND OFFICERS - STATUTORY INTERPRETATION - EFFECTIVE DATE OF AMENDMENT MAKING CERTAIN MUNICIPAL COURT JUDGESHIPS ELECTIVE
MUNICIPAL JUDGES - CITIES - ELECTIONS - OFFICES AND OFFICERS - STATUTORY INTERPRETATION - EFFECTIVE DATE OF AMENDMENT MAKING CERTAIN MUNICIPAL COURT JUDGESHIPS ELECTIVE 1.  RCW 3.50.055, enacted in 1993 but effective January 1, 1995, requires certain municipal court judgeships to be filled by election as vacancies occur after January 1, 1995:  that is, any new positions created or vacancies occurring in existing positions (if they are covered by RCW 3.50.055) must be filled by election for the remainder of the current term, while duly appointed judges serving terms scheduled to end on January 1, 1998 may complete their current terms, but their successors will be chosen by election.  2.  RCW 3.50.055 was not intended to change the term for which municipal court judges serve; pursuant to RCW 3.50.040 and 3.50.050, all municipal court judges serve four-year terms beginning on January 1, 1986, and every four years thereafter.
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. 90 >  June 22, 1966
OFFICES AND OFFICERS - STATE AGENCIES - INSURANCE - HOSPITALIZATION AND MEDICAL AID CONTRACTS FOR PUBLIC EMPLOYEES AND CERTAIN ELECTED OFFICERS - NECESSITY FOR EACH AGENCY TO BE POLICYHOLDER
OFFICES AND OFFICERS ‑- STATE AGENCIES ‑- INSURANCE ‑- HOSPITALIZATION AND MEDICAL AID CONTRACTS FOR PUBLIC EMPLOYEES AND CERTAIN ELECTED OFFICERS ‑- NECESSITY FOR EACH AGENCY TO BE POLICYHOLDER Under RCW 41.04.180, a state agency or political subdivision may provide hospitalization and medical aid for its employees and their dependents by means of payments pursuant to contract with a regularly constituted insurance carrier or health care service contractor of premiums payable on group hospitalization or medical aid insurance plans covering such employees without itself being the policyholder provided that (a) in the case of a state agency or school district, the payments do not exceed 50% of the total premium, or $5.00 per month per employee covered; and (b) comparable coverage under other plans is made available by the agency or political subdivision for such of its employees within the general class to be covered as are not enrolled in the particular group disability insurance program.
AGO 1966 No. 95 >  July 20, 1966
OFFICES AND OFFICERS - STATE - LEGISLATURE - ELECTIONS - DECLARATION OF CANDIDACY - FILING BY POSITION NUMBERS - WITHDRAWAL OF FIRST DECLARATION AS CONDITION PRECEDENT TO FILING SECOND DECLARATION
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- ELECTIONS ‑- DECLARATION OF CANDIDACY ‑- FILING BY POSITION NUMBERS ‑- WITHDRAWAL OF FIRST DECLARATION AS CONDITION PRECEDENT TO FILING SECOND DECLARATI A person who has filed a declaration of candidacy for state legislative office designated pursuant to RCW 29.18.015 may not file a second declaration of candidacy for another legislative position from the same legislative district without first withdrawing his initial declaration of candidacy as provided for in RCW 29.18.030.
AGO 1966 No. 103 >  August 18, 1966
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD - AUTHORITY TO ADOPT ADMINISTRATIVE REGULATIONS - GUIDELINES
OFFICES AND OFFICERS ‑- STATE ‑- LIQUOR CONTROL BOARD ‑- AUTHORITY TO ADOPT ADMINISTRATIVE REGULATIONS ‑- GUIDELINES (1) The state liquor control board as an administrative agency created by the legislature may exercise only such power as is conferred upon it by the legislature.  (Opinion p. 4.) (2) The authority of the liquor control board to adopt administrative rules and regulations which has been expressly granted by the legislature is limited to carrying out the provisions of the liquor act.  (Opinion pp. 5-9.) (3) There are four general guidelines which have been established by the courts (Opinion pp. 8-9) against which the validity of any proposed rule or regulation of an administrative agency should be tested.
AGO 1966 No. 110 >  October 5, 1966
OFFICES AND OFFICERS - COUNTY - AUDITOR - MICROFILMING OF LEGAL INSTRUMENTS
OFFICES AND OFFICERS ‑- COUNTY ‑- AUDITOR ‑- MICROFILMING OF LEGAL INSTRUMENTS A county auditor is not authorized by RCW 65.04.040, as amended by § 1, chapter 254, Laws of 1959, to microfilm recordings of legal instruments recorded in his office prior to the statutory amendment and then to destroy the original recordings under RCW 40.14.070.
AGO 1966 No. 111 >  October 10, 1966
OFFICES AND OFFICERS - STATE - COMMISSIONER OF PUBLIC LANDS - FRANCHISES - HIGHWAYS - COUNTIES - NECESSITY FOR ADDITIONAL COMPENSATION WHERE RIGHT OF WAY GRANTEE OF PUBLIC LANDS GRANTS SECONDARY FRANCHISE USE
OFFICES AND OFFICERS ‑- STATE ‑- COMMISSIONER OF PUBLIC LANDS ‑- FRANCHISES ‑- HIGHWAYS ‑- COUNTIES ‑- NECESSITY FOR ADDITIONAL COMPENSATION WHERE RIGHT OF WAY GRANTEE OF PUBLIC LANDS GRANTS... Where the commissioner of public lands, pursuant to RCW 79.01.340, has granted a right of way across public lands to the state highway department, or to a board of county commissioners, for the establishment and construction of a road or street, and has received legally required compensation therefor, the right of way grantee may, in turn, grant a franchise to a public utility for power lines, telephone and telegraph lines, gas lines, water mains, or sewer lines without the payment of additional compensation to the commissioner.
AGO 1966 No. 112 >  October 11, 1966
OFFICES AND OFFICERS - SECRETARY OF STATE - FEES - COUNTIES - MOTOR VEHICLES
OFFICES AND OFFICERS ‑- SECRETARY OF STATE ‑- FEES ‑- COUNTIES ‑- MOTOR VEHICLES (1) A county, as a plaintiff commencing suit against a nonresident motorist under RCW 46.04.040, is liable for payment of the fee provided for by this statute when making service on the secretary of state. (2) A prosecuting attorney is required to pay the fees provided for by RCW 43.07.120 when he requests copies or certification of corporate documents from the secretary of state, except where the documents of certification are supplied in connection with a prosecution under a law which it is the duty of the secretary of state to administer and enforce.
AGO 1966 No. 115 >  October 20, 1966
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEYS - POWER OF COUNTY COMMISSIONERS TO PROHIBIT PRIVATE LAW PRACTICE BY PROSECUTING ATTORNEYS - SAME AS TO FIXING SALARIES
OFFICES AND OFFICERS ‑- COUNTY ‑- PROSECUTING ATTORNEYS ‑- POWER OF COUNTY COMMISSIONERS TO PROHIBIT PRIVATE LAW PRACTICE BY PROSECUTING ATTORNEYS ‑- SAME AS TO FIXING SALARIES (1) The county commissioners of a second (or lower) class county may not make a law prohibiting their prosecuting attorney from engaging in the private practice of law where the legislature has enacted a statute which permits such practice. (2) A county may not pay its prosecuting attorney a salary greater than that fixed by RCW 36.17.020, as consideration for his agreement not to engage in private practice.
AGO 1966 No. 116 >  October 24, 1966
OFFICES AND OFFICERS - COUNTY TREASURER - PLATS AND SUBDIVISIONS - NECESSITY OF PAYMENTS OF DEPOSIT FOR TAXES WHEN FILING REPLAT UNDER CHAPTER 58.12 RCW
OFFICES AND OFFICERS ‑- COUNTY TREASURER ‑- PLATS AND SUBDIVISIONS ‑- NECESSITY OF PAYMENTS OF DEPOSIT FOR TAXES WHEN FILING REPLAT UNDER CHAPTER 58.12 RCW RCW 58.08.040, which requires a landowner to make a deposit of money in connection with the filing of a plat, does not apply to a replat filed under the provisions of chapter 58.12 RCW.
AGO 1989 No. 5 >  February 23, 1989
SCHOOL DISTRICTS - STATE CONSTITUTION - COMPENSATION - OFFICES AND OFFICERS
SCHOOL DISTRICTS ‑- OFFICES AND OFFICERS ‑- COMPENSATION ‑- STATE CONSTITUTION 1.  Currently serving school directors may lawfully adopt a resolution to receive compensation of fifty dollars or less per day as authorized by RCW 28A.57.327, but they may not constitutionally receive the compensation authorized until the beginning of their next respective terms of office. 2.  If RCW 28A.57.327 were amended to make school director compensation automatic, with no discretionary act of the local board of directors involved, there would be no constitutional bar to the receipt of such compensation on a midterm basis.
AGO 1967 No. 6 >  February 15, 1967
CIVIL RIGHTS - SENTENCES - OFFICES AND OFFICERS - SUPERIOR COURT - PAROLE BOARD - GOVERNOR - WHO MAY DISCHARGE AND RESTORE CIVIL RIGHTS TO A PERSON UNDER A SUSPENDED SENTENCE
CIVIL RIGHTS - SENTENCES - OFFICES AND OFFICERS - SUPERIOR COURT - PAROLE BOARD - GOVERNOR - WHO MAY DISCHARGE AND RESTORE CIVIL RIGHTS TO A PERSON UNDER A SUSPENDED SENTENCE A person under a sentence suspended pursuant to RCW 9.92.060 may receive final discharge and restoration to civil rights only from the governor in his exercise of the pardoning power.
AGO 1967 No. 9 >  March 15, 1967
OFFICES AND OFFICERS - COUNTIES - FIRST, SECOND OR THIRD CLASS - SHERIFF - APPOINTMENTS OUTSIDE CLASSIFIED CIVIL SERVICE - JAILER - HEAD JAILER
OFFICES AND OFFICERS - COUNTIES - FIRST, SECOND OR THIRD CLASS - SHERIFF - APPOINTMENTS OUTSIDE CLASSIFIED CIVIL SERVICE - JAILER - HEAD JAILER The only positions which are outside the classified civil service in the sheriff's office of a first, second or third class county are the positions of sheriff and three principal positions comparable to undersheriff, a chief criminal deputy and a chief civil deputy; accordingly, the sheriff of such a county may not fill the position of jailer or head jailer by appointment outside the classified civil service except to the extent that he may designate himself, or his undersheriff, chief criminal deputy or chief civil deputy as jailer or head jailer.
AGO 1967 No. 10 >  March 21, 1967
OFFICES AND OFFICERS - STATE - BUDGET DIRECTOR
AUTHORITY TO APPROVE OR DISAPPROVE ON A PIECE MEAL BASIS REVISION OF SALARY SCHEDULE OF CIVIL SERVICE EMPLOYEES BY PERSONNEL BOARD When the state personnel board makes a revision of the salary schedule for classified employees under the state civil service system, which revision effects changes in the salaries attached to several classes of positions, the budget director does not have the authority to approve or disapprove, on a piece meal basis, specific items in such revised salary schedule.
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. 22 >  June 19, 1967
OFFICES AND OFFICERS - JUDGES - SUPERIOR COURTS - APPLICABILITY OF SALARY INCREASE LAW TO PUBLIC OFFICIALS WHOSE TERMS COMMENCE FOLLOWING ENACTMENT BUT PRIOR TO EFFECTIVE DATE
OFFICES AND OFFICERS - JUDGES - SUPERIOR COURTS - APPLICABILITY OF SALARY INCREASE LAW TO PUBLIC OFFICIALS WHOSE TERMS COMMENCE FOLLOWING ENACTMENT BUT PRIOR TO EFFECTIVE DATE The judge appointed to fill the new superior court judgeship created in Snohomish county by § 3, chapter 84, Laws of 1967, Ex. Sess., is entitled, after June 8, 1967, to receive the $22,500 annual salary established for superior court judges under chapter 65, Laws of 1967.
AGO 1967 No. 23 >  June 20, 1967
OFFICES AND OFFICERS - COUNTY - TREASURER - INVESTMENT OF MUNICIPAL FUNDS BY COUNTY TREASURERS UNDER § 1, CHAPTER 173, LAWS OF 1967
OFFICES AND OFFICERS - COUNTY - TREASURER - INVESTMENT OF MUNICIPAL FUNDS BY COUNTY TREASURERS UNDER § 1, CHAPTER 173, LAWS OF 1967 (1) When the governing body of a municipal corporation has directed the investment of less than all of its surplus funds which are in the custody of the county treasurer, and thereafter the treasurer, pursuant to § 1, chapter 173, Laws of 1967, invests all such surplus as part of the county's residual treasury cash balance ". . . to the maximum prudent extent . . . in United States government securities . . ." such investment does not affect the individual fund balances of the respective municipal corporations in his custody, and each municipal corporation retains the power to expend or invest its funds according to the respective fund balances shown in its accounts. (2) A proposed accounting regulation of the state auditor requiring county treasurers to account uniformly for their investments made under the provisions of chapter 173, Laws of 1967, as investments of residual cash in the county treasury would be consistent with the provisions and intent of the act. (3) It is the responsibility of the county finance committee, rather than that of the treasurer, to ascertain both the availability of surplus municipal funds for investment under the provisions of chapter 173, Laws of 1967, and the "maximum prudent extent" to which they may be invested, taking into account both the anticipated expenditure and investment requirements of each municipal corporation whose funds are in the custody of the county treasurer.
AGO 1967 No. 39 >  November 9, 1967
OFFICES AND OFFICERS - STATE - POLLUTION CONTROL COMMISSION - ADOPTION OF WATER QUALITY STANDARDS FOR INTERSTATE WATERS WITHIN STATE - ENFORCEMENT
OFFICES AND OFFICERS - STATE - POLLUTION CONTROL COMMISSION - ADOPTION OF WATER QUALITY STANDARDS FOR INTERSTATE WATERS WITHIN STATE - ENFORCEMENT The water pollution control commission is authorized, under state law, both to adopt water quality standards for interstate waters within the state of Washington and to enforce those standards
AGO 1968 No. 2 >  January 17, 1968
OFFICES AND OFFICERS - DEPARTMENT OF MOTOR VEHICLES - LICENSES - OCCUPATIONAL DRIVERS' LICENSES
OFFICES AND OFFICERS - DEPARTMENT OF MOTOR VEHICLES - LICENSES - OCCUPATIONAL DRIVERS' LICENSES (1) The judge with whom an application for an occupational driver's license is filed, rather than the director of the department of motor vehicles, has the initial responsibility to determine the eligibility of an applicant to be issued an occupational driver's license. (2) The director of the department of motor vehicles may review a court order for the issuance of an occupational driver's license in light of the department's own records to see if there has been compliance with both the procedural and substantive requirements of RCW 46.20.380 and 46.20.390. (3) Proof of the financial responsibility of an applicant for an occupational driver's license must be filed before a judge can issue an order for the issuance of an occupational driver's license. (4) A person who has been convicted for the first time of a particular offense relating to motor vehicles which requires the mandatory suspension or revocation of his driver's license, other than negligent homicide or manslaughter, is eligible for issuance of an occupational driver's license even though he has previously been convicted of other offenses relating to motor vehicles, also requiring the mandatory suspension or revocation of a driver's license, so long as at least one year has elapsed since his last previous conviction of such an offense; conversely, if the immediate conviction does not constitute the applicant's first conviction of the particular offense, he is not eligible for such a driver's license.
AGO 1968 No. 8 >  February 19, 1968
OFFICES AND OFFICERS - STATE - DEPARTMENT OF WATER RESOURCES - CITIES AND TOWNS - WATER - APPROPRIATION OF PUBLIC WATERS FOR NONCONSUMPTIVE MUNICIPAL USE
OFFICES AND OFFICERS - STATE - DEPARTMENT OF WATER RESOURCES - CITIES AND TOWNS - WATER - APPROPRIATION OF PUBLIC WATERS FOR NONCONSUMPTIVE MUNICIPAL USE Where the public waters of a stream are "fully appropriated," a city may nevertheless acquire a permit from the department of water resources pursuant to the provisions of RCW 90.03.290 to appropriate and apply to a "nonconsumptive municipal use" a portion of said waters where (1) the proposed "nonconsumptive municipal use" would not impair existing rights or be detrimental to the public welfare, and (2) there are, in fact, waters in the stream which are available for appropriation for a beneficial use within the meaning of RCW 90.03.290.
AGO 1968 No. 9 >  February 20, 1968
OFFICES AND OFFICERS - COUNTY - SHERIFF - MOTOR VEHICLES - LIENS - RECOVERY AND DISPOSITION OF STOLEN VEHICLES
OFFICES AND OFFICERS - COUNTY - SHERIFF - MOTOR VEHICLES - LIENS - RECOVERY AND DISPOSITION OF STOLEN VEHICLES (1) Where a sheriff finds a reported stolen vehicle abandoned on a public highway or at some other place in his county, he may, in the absence of available public equipment and facilities for such purposes, employ the operator of a private towing and storage service to tow and store such vehicle until the owner appears and claims it. (2) In such a case, the private towing and storage operator who has been thus employed may assert a lien in the vehicle against the owner for payment of such towing and storage charges as are due at the time the owner appears to claim the vehicle.
AGO 1968 No. 21 >  May 22, 1968
OFFICES AND OFFICERS - COUNTY CLERK - ADDITIONAL $1.00 FEE IN DOMESTIC RELATION CASES
OFFICES AND OFFICERS - COUNTY CLERK - ADDITIONAL $1.00 FEE IN DOMESTIC RELATION CASES (1) RCW 36.18.020 (1), as amended by § 9, chapter 26, Laws of 1967, does not apply retroactively; therefore, the additional $1.00 fee collectible in divorce, annulment or separate maintenance actions under the provisions of this 1967 amendment can be collected only in those cases that have been filed subsequent to January 1, 1968 (the effective date of the act). (2) The additional $1.00 fee provided by § 9, chapter 26, Laws of 1967, must be collected in the case of every divorce, annulment or separate maintenance filed subsequent to January 1, 1968. (3) Where a county clerk collects an additional $1.00 filing fee provided by § 9, chapter 26, Laws of 1967, and the divorce, annulment or separate maintenance action is not consummated by a court decree, the clerk is without authority to refund any portion of the filing fee.
AGO 1968 No. 28 >  August 29, 1968
OFFICES AND OFFICERS - STATE - UTILITIES AND TRANSPORTATION COMMISSION - USE OF UNIFORM TRAFFIC TICKET AND COMPLAINT
OFFICES AND OFFICERS - STATE - UTILITIES AND TRANSPORTATION COMMISSION - USE OF UNIFORM TRAFFIC TICKET AND COMPLAINT The Traffic Rules for Courts of Limited Jurisdiction, as promulgated by the Washington Supreme Court, do not apply to violations of the provisions of chapter 81.80 RCW, relating to motor freight carriers, so as to require the use of a Uniform Traffic Ticket and Complaint by the Washington Utilities and Transportation Commission in proceedings against violators of this chapter.  Instead, such violations are governed by the Criminal Rules for Courts of Limited Jurisdiction, as amended, which provide for the use of a similar uniform ticket (citation and notice to appear) only if it is to serve as the complaint in the criminal prosecution.
AGO 1968 No. 29 >  September 5, 1968
OFFICES AND OFFICERS - STATE AIR POLLUTION CONTROL BOARD - POLLUTION - ASSUMPTION OF JURISDICTION AS TO AIR CONTAMINANT SOURCE
OFFICES AND OFFICERS - STATE AIR POLLUTION CONTROL BOARD - POLLUTION - ASSUMPTION OF JURISDICTION AS TO AIR CONTAMINANT SOURCE (1) When the state air pollution control board assumes jurisdiction over a particular type or class of air contaminant source, in the manner set forth in § 53, chapter 238, Laws of 1967 (the Washington Clean Air Act), and adopts appropriate rules and regulations to control and/or prevent the emission of air contaminants from such source, the various local or regional air pollution control authorities are thereby precluded from continuing to enforce such emission control regulations as they may previously have adopted with respect to such contaminant source. (2) During any period of time which may elapse between the assumption of abstract jurisdiction by the state board and the effective date of such rules and regulations as are adopted by the board in implementation of that jurisdiction, the existing rules and regulations of the local or regional authority having territorial jurisdiction over the contaminant source will continue to be in effect and enforceable as to that source. (3) The state air pollution control board in assuming jurisdiction over a particular type or class of air contaminant source, may not elect to do so only as to certain areas of the state, for the board's only authority in assuming this type of jurisdiction is to do so on a state wide [[statewide]] basis.
AGO 1968 No. 35 >  November 20, 1968
OFFICES AND OFFICERS - COUNTY - CORONER - AUTOPSIES - SUBMISSION OF BLOOD SAMPLES TO STATE TOXICOLOGIST BY CORONERS IN CASE OF ALL TRAFFIC FATALITIES
OFFICES AND OFFICERS - COUNTY - CORONER - AUTOPSIES - SUBMISSION OF BLOOD SAMPLES TO STATE TOXICOLOGIST BY CORONERS IN CASE OF ALL TRAFFIC FATALITIES A county coroner may take a blood sample from a person killed in a traffic accident and submit this sample to the state toxicologist for examination without violating RCW 68.08.105, relating to the confidentiality of reports and records of autopsies or post mortems; however, the state toxicologist has no authority to require any such blood sample to be submitted to him.
AGO 1993 No. 12 >  June 15, 1993
OFFICES AND OFFICERS - ELECTIONS - CAMPAIGN CONTRIBUTIONS - PUBLIC DISCLOSURE LAW - PUBLIC DISCLOSURE COMMISSION
Applicability of Initiative 134 to nonreimbursed public office related expenses 1.  RCW 42.17.125, which governs the personal use of campaign contributions, does not authorize the use of such contributions for nonreimbursed public office related expenses.2.  Prior to Initiative 134, RCW 42.17.095 authorized a public officer to use surplus campaign contributions for nonreimbursed public office related expenses.  Initiative 134 repealed this authority such that surplus campaign contributions can no longer be used for this purpose.3.   Although campaign contributions and surplus campaign contributions may not be used for nonreimbursed public office related expenses, a public office may solicit gifts for the specific purpose of defraying nonreimbursed public office related expenses.4.   If a public officer solicits gifts to defray nonreimbursed public office related expenses, such gifts must be reported to the Public Disclosure Commission pursuant to RCW 42.17.240 and .2415.
AGO 1969 No. 4 >  February 18, 1969
OFFICES AND OFFICERS - STATE - POLLUTION CONTROL COMMISSION - ADOPTION OF WATER QUALITY STANDARDS FOR WATERS OF THE STATE
OFFICES AND OFFICERS - STATE - POLLUTION CONTROL COMMISSION - ADOPTION OF WATER QUALITY STANDARDS FOR WATERS OF THE STATE. (1) The water pollution control commission has the authority to establish water quality standards for waters of the state under RCW 90.48.035, including waters found in canals, drains, wasteways and reservoirs of irrigation and drainage systems located within the state.  (2) Persons who propose to discharge wastes of industrial and commercial operations into canals, drains, wasteways or reservoirs or irrigation and drainage systems are required by RCW 90.48.160 to obtain a waste discharge permit prior to such a discharge.
AGO 1993 No. 13 >  June 21, 1993
STATE INVESTMENT BOARD - EMPLOYERS AND EMPLOYEES - OFFICES AND OFFICERS - TREASURER - LEGISLATORS - CONFLICT OF INTEREST
Applicability of Executive Conflict of Interest Act to elected officials who are members of the State Investment Board Membership in the State Investment Board includes the State Treasurer and one member each of the House of Representatives and the Senate.  Members of the Board are subject to the Executive Conflict of Interest Act, chapter 42.18 RCW.  Although the Act does not apply to elected state officers and legislators when they are acting in their capacity as elected officials, these elected officials are subject to the Act when they are acting in their capacity as a member of the Board.
AGO 1969 No. 7 >  March 4, 1969
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - JUVENILE COURTS - INCOMPATIBLE OFFICES
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - JUVENILE COURTS - INCOMPATIBLE OFFICES (1) The supreme court's adoption of the new juvenile court rules does constitute a "nondebatable" emergency so as to justify the expenditure of those county funds which are necessary to implement, and comply with, the rules, under authority of RCW 36.40.180. (2) The duties which are imposed upon a prosecuting attorney by the new juvenile court rules are such as to render his office and that of the county juvenile probation officer incompatible, to the end that the two positions may not simultaneously be held by the same person.
AGO 1969 No. 8 >  March 10, 1969
OFFICES AND OFFICERS - STATE - INSTITUTIONS - TEMPORARY DETENTION OF COUNTY JAIL PRISONERS
OFFICES AND OFFICERS - STATE - INSTITUTIONS - TEMPORARY DETENTION OF COUNTY JAIL PRISONERS The department of institutions presently has no authority, under the provisions of chapter 239, Laws of 1967 (chapter 39.34 RCW), or any other statute, to enter into a contract with a county for the temporary detention of county jail prisoners in any existing state correctional institution for convicted felons.
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 1996 No. 16 >  September 13, 1996
DEPARTMENT OF FISH AND WILDLIFE - FISH - WILDLIFE - OFFICES AND OFFICERS
Authority of the Department of Fish and Wildlife to commission, as fisheries patrol officers or as wildlife agents, persons who have not been appointed to law enforcement positions within the agency The Fish and Wildlife Commission and the director of the Department of Fish and Wildlife may commission, as fisheries patrol officers or as wildlife agents, only persons serving by appointment to positions whose job description includes law enforcement duties.
AGO 1999 No. 5 >  June 21, 1999
ELECTIONS - CANDIDATES - VACANCY - OFFICES AND OFFICERS
Authority of election officials to count votes cast for candidates who were qualified for office at time of filing but subsequently died or became disqualified 1. If a candidate for partisan office dies prior to either the primary or general election, and the candidate's party does not substitute another candidate, the deceased candidate's name should remain on the election ballot.   2. If a candidate for judicial or other nonpartisan office dies before the primary or general election, the candidate's name should remain on the ballot; if the deceased candidate gains the most votes, the result is a vacancy in the office, to be filled as provided by law for the office in question.   3. If the name of a deceased candidate appears on the ballot, votes cast for the deceased candidate should be counted; if the deceased candidate gains the most votes, the result is a vacancy in the office; the person with the second highest vote total is not entitled to a certificate of election.
AGO 1969 No. 12 >  July 15, 1969
OFFICES AND OFFICERS - CITY - POLICE OFFICERS - PENSIONS - WIDOWS - COMPUTATION
OFFICES AND OFFICERS - CITY - POLICE OFFICERS - PENSIONS - WIDOWS - COMPUTATION (1) The amendment contained in § 26, chapter 209, Laws of 1969, Ex. Sess., deleting the proviso in § 1, chapter 140, Laws of 1961 (RCW 41.20.085) under which certain police widows' pensions were to be reduced by the amount being received "under social security or any other pension grant," is applicable so as to prospectively eliminate this offset factor in the case of those widows who began receiving such pensions prior to the effective date of the 1969 amendment. (2) The two percent per year post-retirement pension increase which is provided for by § 35, chapter 209, Laws of 1969, Ex. Sess., is to be computed on the basis of the pension benefit payable on the effective date of the 1969 amendment rather than that which was payable at the time chapter 209, Laws of 1969, Ex. Sess., was passed by the legislature.
AGO 1969 No. 20 >  October 16, 1969
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEYS - SALARIES - PAYMENT OF ONE HALF BY STATE - FRINGE BENEFITS
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEYS - SALARIES - PAYMENT OF ONE HALF BY STATE - FRINGE BENEFITS The requirement in RCW 36.17.020, as amended by § 1, chapter 226, Laws of 1969, Ex. Sess., that "one half the salary of each prosecuting attorney shall be paid by the state" does not impose an obligation upon the state to make one half of the employer's required payments for state retirement and social security coverage for such prosecuting attorneys as are participating in these retirement programs.
AGO 1998 No. 1 >  January 20, 1998
COMMUNITY COLLEGES - OFFICES AND OFFICERS - SALARIES AND WAGES - DEFERRED COMPENSATION
Authority of community college Boards of Trustees to grant salary increases to college presidents in light of statutory restrictions 1. When the term of employment of a community college president expires, and the college's Board of Trustees wishes to re-appoint the same president for an additional term, the Board may not increase the president's salary by any amount greater than permitted in the current budget pursuant to RCW 28B.50.140(3). 2. A community college Board of Trustees and the college president may mutually rescind an existing employment contract before it expires, and enter into a new contract with new duties and a different compensation, but increases in compensation are limited to those authorized in the current budget pursuant to RCW 28B.50.140(3). 3. Community college presidents are entitled to the deferred compensation benefits provided to other state employees; changes in these benefits are potentially subject to statutory limitations on increases in compensation.
AGO 1998 No. 11 >  October 28, 1998
DEATH - DEATH CERTIFICATES - OFFICES AND OFFICERS - COUNTIES - CORONER
Authority to issue certificate of presumptive death The county coroner or equivalent officer has discretion to decide whether to issue a certificate of presumptive death as to a person whose body has not been found but who may be presumed to have drowned in the waters of the county or in contiguous waters as a result of an accident or natural disaster; the officer's decision must take into account where the person was last seen and where the events occurred which probably caused the person's death, in addition to such other factors as may be relevant.
AGO 1999 No. 1 >  January 13, 1999
OFFICES AND OFFICERS - CITIES AND TOWNS - COMPENSATION - ELECTIONS
Application of prohibition on midterm increases in compensation to city councilmember elected to unexpired term 1.  A person who is elected to an unexpired term on a city council may not constitutionally receive, during the unexpired term, any changes in compensation previously enacted by the council during that term.
AGO 1959 No. 2 >  January 19, 1959
OFFICES AND OFFICERS - STATE - LEGISLATURE - AUTHORITY TO USE PRINCIPAL ASSETS OF CERTAIN FUNDS FOR CAPITAL OUTLAY OR CURRENT OPERATIONS
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATURE ‑- AUTHORITY TO USE PRINCIPAL ASSETS OF CERTAIN FUNDS FOR CAPITAL OUTLAY OR CURRENT OPERATIONS The legislature may not provide for the use of the principal assets of the permanent common school fund, scientific school permanent fund, university permanent fund, normal school permanent fund, agriculture college permanent fund, Millersylvania Park fund and C. E. P. & R. I. fund for capital outlay or current operations.
AGO 1959 No. 3 >  January 21, 1959
OFFICES AND OFFICERS - COUNTY - HEALTH OFFICER - FEE FOR EXAMINATION OF MENTALLY ILL PERSONS
OFFICES AND OFFICERS ‑- COUNTY ‑- HEALTH OFFICER ‑- FEE FOR EXAMINATION OF MENTALLY ILL PERSONS. A county health officer may be paid a fee for examination of persons suspected of being mentally ill but not be paid per diem for his attendance and testimony on the mental illness complaint.
AGO 1959 No. 4 >  January 21, 1959
OFFICES AND OFFICERS - STATE AUDITOR - AUTHORITY TO PAY CERTAIN FUNDS OUT OF THE STATE TREASURY WITHOUT AN APPROPRIATION
OFFICES AND OFFICERS ‑- STATE AUDITOR ‑- AUTHORITY TO PAY CERTAIN FUNDS OUT OF THE STATE TREASURY WITHOUT AN APPROPRIATION (1) The state accident fund, medical aid fund, reserve accident fund, state employees' retirement fund teachers' retirement pension reserve fund, volunteer firemen's relief and pension fund, and Washington state patrol retirement fund are not required by state constitution to be appropriated by the legislature prior to expenditure. (2)  The accident, reserve accident, and medical aid funds are subject to legislative appropriation by direction of the legislature. (3)  Moneys in the state employees' retirement, teachers' retirement pension reserve, volunteer firemen's relief and pension, and Washington state patrol funds, may be expended without legislative appropriation. (4)  The director of budget is authorized to provide information by which the budget will accurately reflect the amount of money appropriated by the legislature.
AGO 1959 No. 6 >  February 3, 1959
OFFICES AND OFFICERS - STATE - ATTORNEY GENERAL
OFFICES AND OFFICERS ‑- STATE ‑- ATTORNEY GENERAL ‑- AUTHORITY TO APPOINT SPECIAL ASSISTANT TO ASSIST PROSECUTING ATTORNEY BEFORE GRAND JURY (1)  Prosecuting attorney is not legally authorized to appoint a special deputy who is a nonresident of the county to assist him either before a grand jury or in trying a criminal case. (2)  The attorney general is not legally authorized to appoint a special assistant attorney general to assist a prosecuting attorney in proceedings before a grand jury.
AGO 1959 No. 10 >  February 13, 1959
OFFICES AND OFFICERS - STATE - HIGHWAY COMMISSION - AUTHORITY TO REGULATE THE ERECTION OR LOCATION OF DRIVE‑IN MOVIE SCREENS ALONG STATE HIGHWAYS
OFFICES AND OFFICERS ‑- STATE ‑- HIGHWAY COMMISSION ‑- AUTHORITY TO REGULATE THE ERECTION OR LOCATION OF DRIVE‑IN MOVIE SCREENS ALONG STATE HIGHWAYS The state highway commission does not have the statutory authority to regulate the erection or location of drive‑in theaters along state highways unless such structures constitute a nuisance under RCW 47.32.130 or 47.36.180.
AGO 1958 No. 212 >  July 30, 1958
OFFICES AND OFFICERS - DIRECTOR OF GAME - AUTHORITY WITH REGARD TO SALE OF BEAVER PELTS AT AUCTIONS - ANIMALS - BEAVERS - SALE OF PELTS BY DIRECTOR OF GAME AT PUBLIC AUCTIONS - AUCTIONS
OFFICES AND OFFICERS ‑- DIRECTOR OF GAME ‑- AUTHORITY WITH REGARD TO SALE OF BEAVER PELTS AT AUCTIONS. ANIMALS ‑- BEAVERS ‑- SALE OF PELTS BY DIRECTOR OF GAME AT PUBLIC AUCTIONS. AUCTIONS ‑- SALE The director of game or his representative may withhold from auction beaver pelts or may withdraw beaver pelts from sale before the hammer of the auctioneer falls.   The director or his representative may not sell beaver pelts at a private sale.
AGO 1958 No. 211 >  July 22, 1958
OFFICES AND OFFICERS - STATE - LIQUOR CONTROL BOARD - AUTHORITY TO ESTABLISH LIQUOR VENDORS - AUTHORITY OF BOARD TO LEASE AND SUBLEASE PROPERTY TO LIQUOR VENDORS - AUTHORITY OF LIQUOR BOARD TO PERMIT LIQUOR VENDORS TO PERMIT LIQUOR STORES OPERATED BY LIQUOR VENDORS TO REMAIN OPEN AFTER CLOSING HOURS OF STATE LIQUOR STORES
OFFICES AND OFFICERS (STATE) LIQUOR CONTROL BOARD (1) AUTHORITY TO ESTABLISH LIQUOR VENDORS; (2) AUTHORITY OF BOARD TO LEASE AND SUBLEASE PROPERTY TO LIQUOR VENDORS; (3) AUTHORITY OF LIQUOR BOARD... (1) State liquor control board may not establish liquor vendors in incorporated cities and towns where a state liquor store exists.   (2) The liquor board may lease property and then sublease it to such liquor vendors.  (3) The board may permit such stores to remain open after regular closing hours of state liquor stores.
AGO 1959 No. 14 >  February 19, 1959
OFFICES AND OFFICERS - COUNTY - TREASURER - AUTHORITY TO REFUSE TO ACCEPT DELINQUENT IRRIGATION OR DRAINAGE DISTRICT ASSESSMENTS
OFFICES AND OFFICERS ‑- COUNTY ‑- TREASURER ‑- AUTHORITY TO REFUSE TO ACCEPT DELINQUENT IRRIGATION OR DRAINAGE DISTRICT ASSESSMENTS The county treasurer cannot refuse to accept the first half of either irrigation or drainage district assessments after such first half assessments are delinquent but before the second half are delinquent and require the assessment to be paid in full.
AGO 1959 No. 16 >  February 24, 1959
OFFICES AND OFFICERS - COUNTY - SHERIFF - DUTIES WITH REGARD TO ABANDONED MOTOR VEHICLES
OFFICES AND OFFICERS ‑- COUNTY ‑- SHERIFF ‑- DUTIES WITH REGARD TO ABANDONED MOTOR VEHICLES Motor vehicles left in storage by other than registered owner in excess of fifteen days is abandoned and must be turned over to the sheriff.  Garage owner failing to do so is guilty of a misdemeanor under RCW 46.64.050 and forfeits his claim for storage.
AGO 1958 No. 207 >  June 25, 1958
CITIES AND TOWNS - OFFICES AND OFFICERS - CITY CLERK - "F" MISC. - FIREMEN
AUTHORITY OF CITY CLERK TO APPOINT AND REMOVE DEPUTY REGISTRAR -- OFFICES AND OFFICERS ‑- CITY CLERK ‑- AUTHORITY TO APPOINT ON-DUTY FIREMAN AS DEPUTY REGISTRAR. 'F' MISC. (1) City clerk of first class city can designate fire station in the legislative district within the city as the fixed place for registering voters.  (2) City clerk is authorized to appoint an on-duty fireman as deputy registrar and pay him the minimum fee of 20 cents for each elector registered.  (3) A deputy registrar may register electors by going from door to door without specific authorization of the city clerk, but the city clerk is legally authorized to remove a deputy registrar at his discretion.
AGO 1958 No. 205 >  June 23, 1958
BUDGET LAW - AUTHORITY OF COUNTY COMMISSIONERS TO DISAPPROVE ITEMS OF VOUCHERS OF OTHER ELECTIVE COUNTY OFFICIALS - COUNTIES - AUTHORITY OF COUNTY COMMISSIONERS TO DISAPPROVE VOUCHERS DRAWN BY OTHER ELECTIVE COUNTY OFFICIALS - OFFICES AND OFFICERS - AUTHORITY OF PURCHASING AGENT IN FIRST CLASS COUNTY - AUTHORITY OF COMMISSIONERS OF FIRST CLASS COUNTY TO APPOINT PURCHASING AGENT
BUDGET LAW ‑- AUTHORITY OF COUNTY COMMISSIONERS TO DISAPPROVE ITEMS OF VOUCHERS OF OTHER ELECTIVE COUNTY OFFICIALS -- COUNTIES ‑- AUTHORITY OF COUNTY COMMISSIONERS TO DISAPPROVE VOUCHERS DRAWN BY... (1)  It is permissible, but not mandatory for the county commissioners of a first class county to appoint a county purchasing agent, but his authority is limited.  (2)  The several boards of county commissioners are authorized to refuse approval of only those claims which are not legally chargeable against the county.
AGO 1958 No. 204 >  June 18, 1958
ELECTIONS - PARK AND RECREATION DISTRICT COMMISSIONERS ARE TO BE ELECTED IN CONJUNCTION WITH THE GENERAL ELECTION IN NOVEMBER - OFFICES AND OFFICERS - MUNICIPAL CORPORATIONS - ELECTIONS - PARK AND RECREATION DISTRICT COMMISSIONERS
ELECTIONS ‑- PARK AND RECREATION DISTRICT COMMISSIONERS ARE TO BE ELECTED IN CONJUNCTION WITH THE GENERAL ELECTION IN NOVEMBER -- OFFICES AND OFFICERS ‑- MUNICIPAL CORPORATIONS ‑- ELECTIONS ‑- PARK... Elections for park and recreation district commissioners are to be held biennially in conjunction with the general election in November.
AGO 1958 No. 202 >  June 12, 1958
OFFICES AND OFFICERS - DIRECTOR OF LABOR AND INDUSTRIES AUTHORITY TO APPOINT CHAIRMAN OF APPRENTICESHIP COUNCIL
OFFICES AND OFFICERS ‑- DIRECTOR OF LABOR AND INDUSTRIES AUTHORITY TO APPOINT CHAIRMAN OF APPRENTICESHIP COUNCIL The director of labor and industries has no legal authority to appoint the supervisor of industrial relations as chairman of the apprenticeship council .  The proceedings of the meetings held while such appointee was chairman are presumably valid and in this instance are valid since he did not participate in or cast any votes at the meetings.
AGO 1958 No. 201 >  June 9, 1958
OFFICES AND OFFICERS - STATE EMPLOYMENT SECURITY - GOVERNOR - AUTHORITY TO SIGN AGREEMENT WITH FEDERAL GOVERNMENT FOR TEMPORARY UNEMPLOYMENT COMPENSATION BENEFITS - UNEMPLOYMENT COMPENSATION - STATUTORY AUTHORITY OF GOVERNOR OR COMMISSIONER TO SIGN A NEW AGREEMENT UNDER H.R. 12065
OFFICES AND OFFICERS ‑- STATE EMPLOYMENT SECURITY ‑- GOVERNOR ‑- AUTHORITY TO SIGN AGREEMENT WITH FEDERAL GOVERNMENT FOR TEMPORARY UNEMPLOYMENT COMPENSATION BENEFITS -- UNEMPLOYMENT COMPENSATION... The governor or the commissioner of employment security are not legally authorized to enter into an agreement with the federal government as provided by section 102 of H.R. 12065 to qualify for the federal loan to pay extended unemployment compensation.
AGO 1958 No. 195 >  May 15, 1958
OFFICES AND OFFICERS - COUNTY COMMISSIONERS - DUTY TO KEEP ALL COUNTY ROADS FREE OF SNOW DURING THE WINTER MONTHS - AUTHORITY TO REFUSE TO ACCEPT ROAD ABANDONED BY STATE HIGHWAY DEPARTMENT AND CONVEYED TO COUNTY - HIGHWAYS - DUTY OF COUNTY TO MAINTAIN ROAD ABANDONED BY STATE HIGHWAY DEPARTMENT AND CONVEYED TO COUNTY - ROADS
OFFICES AND OFFICERS ‑- COUNTY COMMISSIONERS ‑- DUTY TO KEEP ALL COUNTY ROADS FREE OF SNOW DURING THE WINTER MONTHS -- AUTHORITY TO REFUSE TO ACCEPT ROAD ABANDONED BY STATE HIGHWAY DEPARTMENT AND... 1.  A portion of state highway abandoned by the state of Washington and certified to a county must be maintained by the county.   2.  The county commissioners are authorized to exercise discretion in determining whether or not any particular road can be kept free of snow all winter.
AGO 1958 No. 193 >  May 8, 1958
SCHOOL DISTRICTS - BOUNDARIES - ADJUSTMENT ON MILITARY RESERVATION - MILITARY RESERVATION - AUTHORITY OF COUNTY COMMITTEE TO ADJUST SCHOOL DISTRICT BOUNDARIES ON RESERVATION - OFFICES AND OFFICERS - COUNTY COMMITTEE ON SCHOOL DISTRICT ORGANIZATION
SCHOOL DISTRICTS ‑- BOUNDARIES ‑- ADJUSTMENT ON MILITARY RESERVATION -- MILITARY RESERVATION ‑- AUTHORITY OF COUNTY COMMITTEE TO ADJUST SCHOOL DISTRICT BOUNDARIES ON RESERVATION -- OFFICES AND... A county committee on school district organization may transfer territory from one school district to another when such territory is situated within the boundaries of a military reservation over which the U. S. has assumed exclusive jurisdiction.
AGO 1959 No. 28 >  April 6, 1959
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE COMMISSION - DISMISSAL OF PROBATIONER BY APPOINTING AUTHORITY
OFFICES AND OFFICERS - COUNTY - SHERIFF - CIVIL SERVICE COMMISSION - DISMISSAL OF PROBATIONER BY APPOINTING AUTHORITY (1)  The sheriff as appointing authority under Initiative No. 23 who dismisses a probationer is not required to notify the civil service commission of the basis for the dismissal. (2)  A probationer who has been dismissed does not have the right to have his dismissal reviewed by the civil service commission.
AGO 1959 No. 29 >  April 16, 1959
OFFICES AND OFFICERS - COUNTY - SHERIFF - AUTHORITY TO BE APPOINTED DEPUTY SHERIFF IN AN ADJOINING COUNTY AND RECEIVE COMPENSATION FOR HIS WORK WHILE STILL SHERIFF - RESIDENCE REQUIREMENT OF DEPUTY SHERIFF
OFFICES AND OFFICERS - COUNTY - SHERIFF - AUTHORITY TO BE APPOINTED DEPUTY SHERIFF IN AN ADJOINING COUNTY AND RECEIVE COMPENSATION FOR HIS WORK WHILE STILL SHERIFF - RESIDENCE REQUIREMENT OF DEPUTY... (1)  A deputy sheriff with a regular commission must be a resident of the county in which he holds such commission. (2)  An elected sheriff may not be appointed a regular deputy sheriff in another county; if he is so appointed he is a de facto officer and is not entitled to compensation from the appointing authority.
AGO 1959 No. 30 >  April 27, 1959
OFFICES AND OFFICERS - COUNTY - SHERIFF - APPLICABILITY OF VETERANS PREFERENCE ACTS TO INITIATIVE NO. 23, SHERIFFS' EMPLOYEES' CIVIL SERVICE
OFFICES AND OFFICERS - COUNTY - SHERIFF - APPLICABILITY OF VETERANS PREFERENCE ACTS TO INITIATIVE NO. 23, SHERIFFS' EMPLOYEES' CIVIL SERVICE 1.  RCW 73.16.010, which provides that veterans shall be preferred for appointment and employment in every public department is not applicable to positions covered by Initiative No. 23. 2.  RCW 41.04.010, which provides that veterans shall be given a preference in all competitive examinations for public office, position or employment is applicable to position covered by Initiative No. 23. 3.  Either a "newspaper article" or a "paid legal publication" is sufficient to meet one of the requirements of public notice of civil service examination contained in proposed civil service Rule V, § 1.
AGO 1958 No. 175 >  March 28, 1958
OFFICES AND OFFICERS - STATE INSTITUTIONS - CONSTRUCTION OF NEEDFUL BUILDINGS - BONDS - GENERAL OBLIGATION - USE FOR PURCHASE OF NEW INSTITUTIONS
OFFICES AND OFFICERS ‑- STATE INSTITUTIONS ‑- CONSTRUCTION OF NEEDFUL BUILDINGS ‑- BONDS ‑- GENERAL OBLIGATION ‑- USE FOR PURCHASE OF NEW INSTITUTIONS Revenue derived from the sale of general obligation bonds authorized by chapter 299, Laws of 1957, may be used only for construction of facilities at existing state‑operated charitable, educational and penal institutions and may not be used for the construction of a new intermediate correctional institution or the purchase of Martha Washington School for girls, Luther Burbank School for boys and Yakima Valley School at Selah. The legislature may, by two-thirds majority vote of both houses following referendum approval of the act, amend it to provide for the purchase and construction of such facilities.
AGO 1958 No. 168 >  February 28, 1958
STATE INSTITUTIONS - DIVISION OF CHILDREN AND YOUTH - SYSTEM FOR FORT WORDEN SCHOOL AND SELAH HOSPITAL - MERIT - OFFICES AND OFFICERS - DEPARTMENT OF PUBLIC INSTITUTIONS - MERIT SYSTEM FOR FORT WORDEN SCHOOL AND SELAH HOSPITAL
STATE INSTITUTIONS ‑- DIVISION OF CHILDREN AND YOUTH ‑- MERIT SYSTEM FOR FORT WORDEN SCHOOL AND SELAH HOSPITAL -- OFFICES AND OFFICERS ‑- DEPARTMENT OF PUBLIC INSTITUTIONS ‑- MERIT SYSTEM FOR FORT... The employees of the Selah hospital for mentally deficient children are covered by the statutory merit system of the division of children and youth contained in RCW 43.19.290 through 43.19.360, and the employees of the Fort Worden school are also covered.
AGO 1959 No. 32 >  April 28, 1959
OFFICES AND OFFICERS - STATE - EXPENSES - EFFECT OF 1959 INCREASE OF PER DIEM ALLOWANCE OF STATE OFFICIALS AND EMPLOYEES ON $25.00 PER DIEM ALLOWANCE FOR OFFICIALS OF DEPARTMENT OF COMMERCE AND ECONOMIC DEVELOPMENT
OFFICES AND OFFICERS - STATE - EXPENSES - EFFECT OF 1959 INCREASE OF PER DIEM ALLOWANCE OF STATE OFFICIALS AND EMPLOYEES ON $25.00 PER DIEM ALLOWANCE FOR OFFICIALS OF DEPARTMENT OF COMMERCE AND... The 1959 statutory increase in the per diem allowance for state officials and employees does not affect the 1957 statute allowing reimbursement of expenses of not to exceed $25.00 to the director and supervisors of the department of commerce and economic development.  
AGO 1959 No. 33 >  April 29, 1959
OFFICES AND OFFICERS - STATE - STATE PATROL - PROMOTIONAL EXAMINATIONS FOR STATE PATROL
OFFICES AND OFFICERS - STATE - STATE PATROL - PROMOTIONAL EXAMINATIONS FOR STATE PATROL The chief of the Washington state patrol may establish separate promotional examinations based on reasonable job classifications under the provisions of RCW 43.43.330 requiring appropriate examinations for promotion of commissioned officers of the state patrol, subject to the limitation that there be only one eligible list.
AGO 1959 No. 42 >  June 4, 1959
OFFICES AND OFFICERS - STATE - DEPARTMENT OF GAME - ISSUANCE OF FREE HUNTING AND FISHING LICENSES TO DISABLED VETERANS
OFFICES AND OFFICERS - STATE - DEPARTMENT OF GAME - ISSUANCE OF FREE HUNTING AND FISHING LICENSES TO DISABLED VETERANS Section 2, chapter 245, Laws of 1959, which removed the requirement that a disability be service connected in order to entitle a veteran to a free hunting and fishing license does not change the measure of disability.
AGO 1959 No. 44 >  June 5, 1959
OFFICES AND OFFICERS - COUNTY - SHERIFF - LIABILITY FOR ACTS OF HIS DEPUTIES UNDER INITIATIVE 23
OFFICES AND OFFICERS - COUNTY - SHERIFF - LIABILITY FOR ACTS OF HIS DEPUTIES UNDER INITIATIVE 23 A county sheriff is no longer liable for the acts of his deputies who are in the classified service since the enactment of Initiative 23; but he is liable for acts of his deputies who are not in the classified service.
AGO 1959 No. 45 >  June 8, 1959
OFFICES AND OFFICERS - STATE - DEPARTMENT OF HEALTH - ISSUANCE OF NEW CERTIFICATE OF BIRTH PURSUANT TO A DECREE OF ADOPTION AS A MINISTERIAL FUNCTION
OFFICES AND OFFICERS - STATE - DEPARTMENT OF HEALTH - ISSUANCE OF NEW CERTIFICATE OF BIRTH PURSUANT TO A DECREE OF ADOPTION AS A MINISTERIAL FUNCTION The Department of Health, through the State Registrar of Vital Statistics, is required to issue a birth certificate pursuant to an adoption decree of