Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1967 NO. 12 >

Since state law prohibits the erection or maintenance, without approval of the state highway commission, of any traffic control device on a city street which has been designated as a part of the state highway system, a city of the third class, operating under the commission form of government, may not construct "speed control bumps" (consisting of raised portions of asphaltic paving) on any of its streets which have been so designated without prior approval from the highway commission; in the case of city streets which are not a part of the state highway system, a third class city operating under the commission form of government may install such "speed control bumps" if, under all circumstances, they constitute a reasonable means of controlling the speed of traffic and do not pose an unreasonable danger or hazard to such traffic.

AGO 1986 NO. 13 >

A city civil service system for city police provided by charter does not substantially accomplish the purpose of chapter 41.12 RCW if it does not provide for any appeal in the case of an employee suspended for less than five days.

AGO 1969 NO. 13 >

(1) In order to qualify for retirement in a position higher than the rank of captain, in accordance with RCW 41.20.050, as amended by § 36, chapter 209, Laws of 1969, Ex. Sess., it is not necessary that the retiree has served in such a position for three consecutive years immediately prior to the date of his retirement; it is sufficient that he has served in such a position for a minimum of three years at sometime during his period of covered service.(2) Under § 36, chapter 209, Laws of 1969, Ex. Sess., a person seeking to qualify for retirement in a position higher than the rank of captain must pay into the first-class city relief and pension fund, in addition to his normal contributions, an amount equal to six percent of that portion of all monthly salaries previously received without limitation as to time of receipt upon which a sum equal to six percent has not heretofore been deducted.

AGO 1991 NO. 13 >

Chapter 3.50 RCW empowers certain cities to establish a municipal court that is not part of the state's district court system.  If a city establishes a municipal court pursuant to chapter 3.50 RCW, the salary of its municipal court judges is set by the city by ordinance.  A city may pay its municipal court judges less than full-time district judges receive when serving in a municipal department established pursuant to chapter 3.46 RCW.

AGLO 1979 NO. 13 >

The provisions of RCW 64.32.110, a section of the horizontal property regimes act (condominiums) of 1963, have no effect on local police power regulations which do not relate to zoning (e.g., building codes) ‑- as distinguished from the pertinent provisions of local zoning codes themselves.

AGO 1961 NO. 13 >

A warrant of arrest issued by a municipal judge of a city of the fourth class charging a violation of a town ordinance is not valid for service outside the corporate limits of the town.

AGO 1995 NO. 13 >

Cities and towns of all classes have authority to establish and administer employee incentive programs for their employees, so long as the program and appropriately definite performance standards are established before the period covered by the program.

AGO 1978 NO. 13 >

(1) The provisions of Article VIII, § 7 of the Washington Constitution prohibit a city or public utility district from assisting its utility customers, generally, in the purchase of such conservation materials as insulation or storm windows from private suppliers by providing to the seller a guarantee of payment of part or all of the agreed upon purchase price for the conservation materials involved.  (2) The same provisions of Article VIII, § 7 of the Washington Constitution, however, do not prohibit a city or public utility district from itself purchasing and then later selling such conservation materials to its customers, generally, by means of installment contracts under which payment of the purchase price, plus a service charge, would be made by the purchasers on a periodic basis over a specified period of time.

AGO 1990 NO. 14 >

RCW 35.02.078 provides for an election on the question of incorporation of a city or town. If incorporation is authorized, a separate election is held prior to the effective date of incorporation to elect persons to the offices prescribed by law. The newly incorporated city or town is not liable for the costs of electing city officials after the election on the question of incorporation but prior to the effective date of incorporation.

AGO 1983 NO. 14 >

(1) The provisions of § 12, chapter 232, Laws of 1983, prohibiting cities, towns and counties from enacting local laws and ordinances which are inconsistent with, or more restrictive than, that 1983 act do not bar such a municipality from regulating or restricting the possession or use of firearms in specified places (such as taverns, cocktail lounges, public and private schools and institutions of higher learning, municipal and superior court rooms, or city and county jails by visitors and inmates) -even by one who has lawfully obtained a state concealed weapons permit. (2) The provisions of RCW 9.94.040 and 9.94.043, relating to the possession of firearms on the premises of state penal or correctional institutions, do not apply to county or city jails. (3) Although a superior court may, under certain circumstances, order the forfeiture of a firearm possessed by one who was under the influence of intoxicating liquor pursuant to § 6(1)(d), chapter 232, Laws of 1983, the aforesaid act does not make the mere possession of a concealed weapon by such a person a misdemeanor.