Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1974 NO. 19 >

An initial collective bargaining agreement executed under chapter 41.56 RCW between a county, municipality or political subdivision and the bargaining representative of its employees may contain a provision whereby the salary or wage rates therein agreed upon will be payable for services previously rendered, from and after a designated date prior to its execution, but only if there was in existence during that previous period some kind of agreement that the wages received for their work performed between the date of such agreement and the execution of the collective bargaining agreement are not to be considered to be their full compensation; and no such agreement or understanding can be found from the mere act of certification or recognition of a bargaining agent under RCW 41.56.080.

AGLO 1975 NO. 19 >

The state building code, chapter 96, Laws of 1974, 1st Ex. Sess., supersedes the provisions of chapter 2, Laws of 1973, 1st Ex. Sess., to the extent that the two acts are in conflict.

AGO 2006 NO. 19 >

An increase in salary generally payable to all current firefighters, such as additional payment to all firefighters for qualifying as Emergency Medical Technicians (EMTs), is “basic salary” for purposes of calculating the pensions of firefighters retired under RCW 41.18; by contrast, employer contributions to a deferred compensation plan would not meet the “basic salary” definition of the same statute.

AGLO 1976 NO. 20 >

The legislature may not allocate, for general state purposes, revenues derived from the local motor vehicle excise tax provided for by RCW 35.58.273-35.58.279 without amending those preexisting substantive statutes.

AGO 1992 NO. 20 >

1.  RCW 76.09.060(3) provides that a forest practices application shall indicate whether any land covered by the application will be converted or is intended to be converted to a use other than commercial timber production within three years after completion of the forest practices described in it.  If the application does not state conversion is intended, for six years after the date of the application, a local government may deny all applications for permits or approvals relating to nonforestry uses of land subject to the application.  2.  If a prior landowner did not indicate an intention to convert land to a use other than commercial timber production, RCW 76.09.060 empowers a local government to deny application for permits or approvals relating to nonforestry uses of land subject to the application filed by a subsequent owner of the land for six years after the date of the application by the prior landowner. 3.  If a local government does not exercise its authority to deny applications for permits or approvals relating to nonforestry uses of land pursuant to RCW 76.09.060, a new landowner may convert the land to a use incompatible with timber growing, assuming such a change is lawful in other respects.  4.  If a local government does not exercise its authority to deny applications for permits or approvals relating to nonforestry uses of land pursuant to RCW 76.09.060, a new forest practices application is necessary if the activity is a forest practice for which a forest practices application is required.

AGO 1978 NO. 20 >

Where a city council member in a code city operating under the mayor-council plan of government indicates his or her intent to resign as of a specified date certain in the future, no vacancy will come into existence until the effective date of such resignation; accordingly, the city council may not appoint someone to succeed the resigning member under RCW 35A.12.050 until the effective date of the aforesaid resignation.

AGO 1980 NO. 21 >

If a city or town police officer arrests a person for committing a felony within the corporate limits of the city or town and turns such person over to the custody of the county sheriff because the arrest was for a violation of a state law and not a city or town ordinance, it is the county, and not the city, which is then responsible for paying the care, housing and board of such prisoner while he is in the county jail‑-both before and after arraignment.

AGLO 1976 NO. 21 >

Under RCW 9.46.113 law enforcement activities related to the enforcement of state gambling laws must be regarded as having the "first call" on municipal gambling tax revenues authorized by RCW 9.46.110.

AGO 1975 NO. 21 >

(1) Within the unincorporated areas of a county which are served by a fire protection district, the uniform fire code, as adopted pursuant to chapter 19.27 RCW, requires the fire chief and the department of that district to perform each of the administrative and enforcement functions listed in § 1.201 thereof, together with such other functions as are required, under the heading of "Administration" in Division II of the code, to be performed by the "Fire Chief" or "Fire Department."  (2) A county, however, in the exercise of its authority under RCW 19.27.040 to amend the various component parts of the state building code in certain respects, may alter the manner in which the uniform fire code is administered within any or all of its unincorporated areas through the adoption of an amendment to that code designating some other official as the "Fire Chief" for the purpose of administering and enforcing its provisions.