Washington State

Office of the Attorney General

Attorney General

Nick Brown

AGO 1998 NO. 15 >

1.  A county does not have authority to ban video or sound recording of a meeting required to be open to the public by the Open Public Meetings Act (RCW 42.30); the county could regulate recording only to the extent necessary to preserve order at the meeting and facilitate public attendance. 2.  A county has authority to ban video or sound recording of any lawful executive session of a public meeting. 3.  If a meeting is not an “open public meeting” as defined in RCW 42.30, but is required to be an open meeting by some other statute, the extent of the county's authority to restrict recording of such a meeting would depend on the language and the intent of the controlling statute. 4.  If a county officer conducts a “private meeting” as may be defined in law, the county has authority to restrict or prohibit the recording of such meetings.

AGO 1983 NO. 15 >

As a consequence of the enactment of § § 2 and 3, chapter 99, Laws of 1983, every county or city ordinance enacted after the effective date of that act (April  22, 1983) which imposes or alters the rate of a local sales or use tax imposed under RCW 82.14.030(2), or a real estate excise tax imposed under RCW 82.46.010(2), is subject to the referendum procedures prescribed by those two sections of the subject act.

AGO 1978 NO. 15 >

A county may expend monies in its county road fund to construct and maintain bicycle paths, including a bicycle path within city limits on city-owned property not necessarily in conjunction with an existing or new street or road, where the construction of such a path or paths, by reducing bicycle traffic on such streets or roads, will thereby increase motor vehicle safety.

AGLO 1975 NO. 15 >

The rate of any such excise tax as would be imposed under proposed legislation to finance county public transportation systems would not constitutionally be required to be graduated so that higher rates would be paid by persons or businesses situated near or immediately adjacent to the transportation route involved than are paid by persons or businesses more remotely situated within the zone served by the public transportation system.

AGO 1969 NO. 16 >

(1) A board of county commissioners will be in compliance with § 18, chapter 176, Laws of 1969, Ex. Sess., if, during the remainder of the calendar year 1969, it pays to the intermediate school district in which it is located an amount equal to one half of the amount which the county appropriated to the budget of its county superintendent of schools for the entire year 1969. (2) A county's payments to the intermediate school district in which it is located, as provided for in § 18, chapter 176, Laws of 1969, Ex. Sess., may be transmitted on a monthly basis rather than being made in the form of a single lump sum payment. (3) A county's payments to the intermediate school district in which it is located may be made by county warrants drawn upon the county current expense fund. (4) In making the payment from its current expense fund to the intermediate school district in which it is located, a county is not authorized to withhold from the amount to be paid a sum sufficient to pay the salary of its county superintendent of schools during the remainder of his term of office. (5) The board of county commissioners of the county which is providing office facilities for an intermediate school district may not require the district to make payment to the county for the use of these facilities. (6) A board of county commissioners may not charge an intermediate school district for the services rendered to the district by its county prosecutor, treasurer, or auditor. (7) It is permissible for an intermediate school district, in accordance with its own budget, to pay one of its employees a salary in excess of the amount which was budgeted for that employee, as a county superintendent's employee, by a board of county commissioners.

AGO 1961 NO. 16 >

Where territory which is part of a county road district is annexed to a city, the annexing city is entitled upon collection to receive from the county treasurer such road district taxes as have been levied but not collected on property within the annexed territory prior to the time of annexation for application to city street fund purposes.

AGO 1965 NO. 16 >

Counties may not jointly construct and finance a bridge to be located entirely within the territorial boundary of one county.

AGO 1992 NO. 17 >

1.  RCW 19.27.097 provides that an applicant for a building permit must provide evidence of an adequate supply of potable water.  The authority to make this determination is the local agency that issues building permits.  2.  The Legislature has authorized the Board of Health to establish, and the Department of Health to enforce, a comprehensive regulatory scheme for public water systems. In determining whether water to be supplied from a public water system constitutes an adequate water supply for purposes of RCW 19.27.097, the local agency issuing building permits must apply the standards set by the Board of Health.  3.  If water is not supplied from a public water system, the local agency issuing building permits has more discretion to determine if the water supply is adequate for purposes of RCW 19.27.097.  At a minimum, there must be sufficient quality and quantity of water for the intended purpose of the building.

AGO 1991 NO. 17 >

Charter counties, charter cities, code cities and municipal corporations, in the exercise of proprietary functions, have broad legislative power that empowers them to self-fund their employee health and welfare benefits.  Other municipal corporations have only the powers expressly granted by the Legislature or necessarily or fairly implied in or incident to the powers expressly granted.  These municipal corporations do not have the authority to self-fund their employees' health and welfare benefits.

AGO 1996 NO. 17 >

1.  Federally-owned roads which are closed to the general public are not "county roads" and a non-charter county therefore lacks authority to maintain such roads with state and county funds. 2.  A county has authority, if it chooses, to set and enforce traffic signals on federally-owned roads within the county, except where superseded by federal law; however, the county has no obligation to set and enforce traffic signals on such roads because they are not "county roads" as defined in state law. 3.  A county may contract with an agency of the United States to maintain federally-owned roads within the county, or to set and enforce traffic controls for such roads, in return for payment by the federal agency of the costs incurred by the county in performing such services. 4.  A county may use "county road property tax revenues" as defined in statute, after diverting them to the current expense fund pursuant to law, for setting and enforcing traffic controls on federally-owned roads within the county. 5.  For purposes of allocating the state motor vehicle fuel tax under RCW 46.68.120, .122, and .124, federally-owned roads in a county which are closed to the general public are not "county roads" and should not be considered in making the allocation. 6.  A county which deposited revenues from the county road property tax levy into its current expense fund to pay the expenses related to setting and enforcing traffic controls on federally-owned roads within the county would not thereby lose its eligibility to receive state funding under such statutes as RCW 36.79.140.

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