Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

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 1994 NO. 23 >

1.  Official court reporters are entitled to retain any fees earned from transcribing the records of court proceedings, as compensation in addition to the salary provided in RCW 2.32.210.  2.  A county may not lawfully reduce an official reporter's salary by the amount of transcription fees collected by the reporter.  3.  A superior court clerk may not lawfully retain fees collected under RCW 2.32.240 for transcription services; such fees are to be deposited in the county treasury.  4.  Persons employed to electronically record superior court proceedings pursuant to Civil Rule 80(b) may or may not be entitled to retain fees paid for transcription services; this is a term of employment to be determined by the county employing the recorder.  5.  The county, not the state, is responsible for paying necessary transcription or tape copying costs for superior court proceedings involving indigent criminal defendants.

AGLO 1982 NO. 23 >

(1) Where the residents of two adjoining counties petition for the creation of a joint park and recreation district under RCW 36.69.420, the county commissioners of one of those counties may only exclude from the proposed district all land located within that county on the basis of a reasonable factual determination that no parcel of land in the county will benefit from its inclusion within the proposed district.

AGLO 1978 NO. 23 >

Under the provisions of RCW 36.68.090 a county may construct and operate a county zoo and impose reasonable admission charges in connection therewith.

AGLO 1981 NO. 23 >

In view of the subsequent enactment of RCW 66.08.120, a part of the 1933 State Liquor Code, a county may not lawfully grant a "retail license" to an establishment selling liquor pursuant to the territorial statute codified as RCW 67.14.040.

AGO 1973 NO. 23 >

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 1994 NO. 24 >

1.  County treasurers are authorized to collect a service fee for collecting "special assessments, fees, rates, or charges" as defined in RCW 36.29.180, but not for general taxes. 2.  Mosquito control district assessments authorized under RCW 17.28.255 are "special assessments, fees, rates, or charges" and a county treasurer may charge the district a service fee for collecting such assessments. 3.  Assessments levied by a county legislative authority for noxious weed control under RCW 17.10.240 do not constitute "special assessments, fees, rates, or charges" under RCW 36.29.180, because they are levied by the county itself and not by a special district; therefore, the county treasurer has no authority to charge a service fee for collecting such assessments. 4.  RCW 43.09.210, which generally requires that one local or state agency or fund be compensated for services performed for another, is superseded by more specific statutes for purposes of determining a county treasurer's authority to charge service fees for tax and assessment collection and related services.

AGO 1988 NO. 24 >

A county does not have authority, either under chapter 36.70 RCW or under article 11, section 11 of the state constitution, to impose greater restrictions on aquaculture developments located in areas designated as shorelines of statewide significance, than those standards adopted by the state and relevant local governments pursuant to chapter 90.58 RCW, the Shorelines Management Act of 1971.