Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

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.

AGO 1963 NO. 55 >

(1) Property subject to a special assessment by a sewer district may be subdivided prior to the payment of the assessment and upon approval of the sewer district commissioners the total special assessment may be reapportioned and prorated to individual lots in the subdivision. (2) Same :  In cases where a sale of lots must be preceded by filing of the plats, or filing requirements are otherwise imposed, all special assessments on property which will become streets, alleys, and other public places must be paid.

AGLO 1976 NO. 55 >

It is not necessary to amend RCW 28A.58.550, relating to execution of executory conditional sales contracts by school districts, to bring that statute into conformity with the uniform commercial code.

AGLO 1974 NO. 56 >

(1) In order to be eligible to the office of school board member a person must be a registered voter of the school district and remain an inhabitant of that area, but a mere temporary physical absence from a given area will not cause an inhabitant to cease to be one. (2) RCW 28A.58.310 contains no restriction upon payment of expenses to a school director by reason of the fact that the point of origin of whatever travel is necessary by him to attend a particular school board meeting is situated outside of the district.

AGO 1963 NO. 58 >

An association of fire commissioners provided for by RCW 52.08.030 (5) does not have the authority to incorporate as a nonprofit corporation.

AGO 1955 NO. 59 >

Where a public utility district has less than the minimum number of employees required to contract for group insurance, it may not provide insurance for its commissioners.

AGLO 1974 NO. 59 >

(1) A school district may not offer employment to a certificated employee under circumstances not covered by either RCW 28A.67.900 or the second paragraph of RCW 28A.67.074 by tendering a contract to that individual which contains a condition that the employee waives his rights under RCW 28A.67.070 or 28A.58.450. (2) If an employee signs such a contract, that waiver condition is not valid or enforceable.

AGO 1961 NO. 59 >

(1) Electors of a school district may authorize, at a special election, the use of monies in the building fund (derived from a special levy but not necessary for immediate expenditure) for general fund purposes. (2) If the school district desires to use the money in the building fund for general fund purposes the matter must be resubmitted to the voters and their approval must be tested by the requirements of the 17th Amendment and RCW 84.52.052.

AGO 1965 NO. 60 >

Where the board of directors of a school district determines that the purposes for which a special excess tax levy was passed by the people are unattainable or that only one of the objectives for which the levy was passed is attainable, the board may by a properly adopted resolution, presented to the board of county commissioners, reduce or rescind the levy.

AGLO 1974 NO. 60 >

A port district may provide, and pay the premiums on, business related travel, liability, health, errors and omissions and accident insurance under RCW 53.08.170, as amended by § 1, chapter 6, Laws of 1973, 1st Ex. Sess., for its present port commissioners during the remainder of their current terms of office for the purpose of affording insurance coverage to those commissioners in the event of accidents or illnesses resulting from the performance of their official responsibilities.