Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

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 1991 NO. 22 >

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 1992 NO. 22 >

In a charter city or charter code city the qualified voters may petition, asking for the adoption of a charter amendment.  If the petition meets the requirements of the statute, it will be placed on the ballot at the next general election.  It is not necessary under state law for a city council to pass a resolution directing the county auditor to place on the ballot a city charter amendment proposed by the people.

AGO 1975 NO. 22 >

Pursuant to RCW 41.06.250(2) a municipal employee who is covered thereby may, even though governed by a local ordinance, charter provision, resolution or regulation purporting to provide to the contrary:  (1) Express his opinion openly and publicly on all political subjects, or on all candidates for either partisan or nonpartisan elective offices;  (2) Display political signs on his own property advocating the election of a candidate or candidates seeking either a partisan or nonpartisan office;  (3) Assemble or prepare political signs for candidates in support of their candidacies for partisan but not for nonpartisan offices;  (4) Install or affix such political signs for partisan but not for nonpartisan candidates in or on locations other than his own property with the permission of the owner of the property in question;  (5) Distribute campaign material, such as printed leaflets, brochures, etc., prepared by or for partisan but not for nonpartisan candidates, on a door-to-door basis.

AGO 1959 NO. 22 >

In budgets adopted by cities of less than 300,000 population, transfers may not be made between items even where the items are within the same classification of the same fund, where they are in separate appropriations made for different departments of the city.

AGO 1968 NO. 23 >

The phrase "one and one half percent of the taxable property," as used in § 1, chapter 92, Laws of 1963 (RCW 39.30.010), authorizing executory conditional sales contracts for the purchase of property by certain municipalities including cities and towns, refers to the actual value of the taxable property located within the contracting municipality rather than to the assessed valuation of such taxable property.

AGO 1957 NO. 24 >

Where a legally sufficient power has been presented to the board of county commissioners praying for the incorporation of a certain described area now unincorporated as a town, the board cannot exclude from the boundaries of the proposed town lands it deems not proper for incorporation, if through the exclusion the population of the remaining is less than 300, which is the minimum population required for incorporation.  RCW 35.27.020, providing that no more than 20 acres of unplatted land belonging to any one person shall be taken into the limits of a town, does not apply to original incorporations.

AGO 1992 NO. 24 >

RCW 41.20.050 and .060 provide that a retired police officer will receive a pension equal to 50 percent of the amount of salary at any time attached to the position held at the date of retirement.  If a city creates a new step in its civil service classification and advances all officers at the next lower step to the new step, an officer who retired at that next lower step will receive a pension equal to 50 percent of the salary attached to the new step.

AGO 1983 NO. 24 >

Identification and application of criteria to be used in determining the eligibility of a community for state funds appropriated by § 51, chapter 76, Laws of 1983, 1st Ex. Sess. for the one‑time cost impact to communities associated with locating additional state correctional facilities.