Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1965 NO. 48 >

1. A diking district may improve a portion of the channel of a stream located outside its boundaries. 2. A diking district is authorized to operate a pumping plant which would evacuate waters from district lands into a river bordering the district. 3. A diking district may construct and operate a floodwater retarding structure located outside its boundaries.

AGLO 1973 NO. 49 >

Under RCW 28A.67.900, a school district may grant to a teacher a one year leave of absence, unpaid, when the teacher's position is not being terminated, and at the same time hire a replacement teacher for that person, with the express agreement that the replacement will resign at the end of the year to allow the district to meet its obligation to the original teacher to reassign him in his old position which the district would have agreed to prior to the taking of the unpaid leave of absence.

AGO 1961 NO. 49 >

None of the provisions of chapter 198, Laws of 1961, and chapter 20, Laws of 1961, Ex. Sess., authorizing "community colleges" applies to any school district presently operating an extended secondary program (so-called junior colleges) which does not elect to bring its program within the new legislation.

AGO 1961 NO. 50 >

Under the constitution and statutes of this state the retained bonded indebtedness of school districts which consolidate must be considered in computing the bonding capacity of the new (consolidated) district.

AGLO 1977 NO. 51 >

(1) RCW 28A.58.740, which authorizes school districts to invest funds accumulated thereunder in shares of an investment company, must be presumed by this office to be constitutional until otherwise ruled upon by a court of competent jurisdiction; moreover, the constitutionality of any such investments could conceivably depend upon the terms of the particular deferred compensation plan involved. (2) RCW 28A.58.740 does not constitute authority for a state‑regulated credit union to receive funds deposited pursuant to that section.

AGLO 1975 NO. 52 >

Extent of and basis for fees which may be charged by a fire protection district for ambulance services under House Bill No. 62 (chapter 147, Laws of 1975, 1st Ex. Sess).

AGLO 1977 NO. 53 >

(1) Per diem compensation received by irrigation district commissioners under RCW 87.03.460 is subject to employees' contributions for federal social security under Chapter 41.48 RCW. (2) The fact that a given commissioner of an irrigation district may have paid the maximum amount due for OASI contributions for a given year on his self-employment income does not affect the liability of the district for payments in accordance with (1), supra, instead, the remedy of any individual who has thus overpaid his social security taxes is then to claim a refund or tax credit on his federal income tax return.

AGO 1965 NO. 53 >

A member of the board of directors of a school district may be employed as a consultant in a federal migrant day care and education program conducted in his district where the position of "consultant" is under the exclusive control of an independent advisory committee over which the local school board exercises no control either as to employment, removal, or compensation.

AGLO 1975 NO. 55 >

Except to the limited extent provided for by RCW 28A.60.010 and 28A.01.100, involving temporary circumstances, state law does not authorize a second class school district to select either a teacher or an administrator who does not possess a superintendent's certificate to act as the superintendent or chief administrator of the school district.

AGLO 1977 NO. 55 >

(1) The maximum amount of a given school district's excess property tax levy under § 4(2), chapter 325, Laws of 1977, 1st Ex. Sess., for collection during the following calendar year, is to be computed solely on the basis of the district's basic education allocation for the last completed school year prior to the date of the levy. (2) Explanation of the circumstances under which a school district, pursuant to § 4(4), chapter 325, supra, may be permitted to exceed the levy lid established by § 4(2) thereof, and how the modified levy lid for such a district is to be determined.