Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1962 NO. 157 >

(1) A contract purchaser of land in an irrigation district under an ordinary contract for the sale of real property holds evidence of title to such land and therefore, if otherwise qualified, is entitled to vote in an irrigation district election. (2) A contract vendor of land in an irrigation district holds title to such land, and therefore, if otherwise qualified, is entitled to vote in an irrigation district election until such time as he does, by appropriate delivery of a deed, pass title to the purchaser. (3) The executor or administrator of the estate of a deceased holder of title to land in an irrigation district does not hold title or evidence of title to such land, and therefore is not entitled to vote in an irrigation district election. (4) The heirs or devisees of a deceased holder of title to land in an irrigation district do hold title to such land and therefore, if otherwise qualified, are entitled to vote in an irrigation district election. …

AGO 1962 NO. 160 >

The board of directors of a second class school district has the authority under certain conditions to lease the basement of a former school building to a community organization for a community fallout shelter.

AGO 1960 NO. 161 >

(1)  Water and sewer districts are not authorized to levy special assessments on state or federally owned lands. (2)  The special assessments levied on state or federally owned lands may be removed from the accounts of the districts and the county treasurer. (3)  The procedures to be followed to remove such invalid special assessments from the rolls are those prescribed by RCW 35.44.280.

AGO 1960 NO. 161 >

(1)  Water and sewer districts are not authorized to levy special assessments on state or federally owned lands. (2)  The special assessments levied on state or federally owned lands may be removed from the accounts of the districts and the county treasurer. (3)  The procedures to be followed to remove such invalid special assessments from the rolls are those prescribed by RCW 35.44.280.

AGO 1962 NO. 162 >

A member of a fire department which is furnishing fire protection to a fire protection district may not simultaneously be a commissioner of the district since the two public offices are incompatible.

AGO 1962 NO. 169 >

A school district may contract with a sewer district for the installation of a sewer line under chapter 35.91 RCW.

AGO 1962 NO. 174 >

(1) and (2) Chapter 42.23 RCW and specifically RCW 42.23.020 prohibits the employment of either a school director or his wife for compensation except as specifically provided in the act. (3) A proviso of RCW 42.23.030 allows the employment of a school director or his wife in school districts other than districts of the first class, up to certain maximum amounts, ($200) which amount is measured by the total liability of the district under the contract or contracts at the time they are executed and not by the size of monthly installments into which the contract may be divided for subsequent payment. (4) No individual may be employed by a school district as a teacher, whether on a full-time, part-time, or "substitute" basis, unless such individual has a valid teacher's certificate as required by § 1, Article VII, subchapter 4, chapter 97, Laws of 1909 (cf. RCW 28.67.010).

AGO 1953 NO. 177 >

It is our opinion that the justice court district act (RCW 3.14.010 and RCW 3.14.030) is an unconstitutional delegation of legislative power, both as it relates to the determination of the number of justices of the peace to be elected and to the qualifications of candidates for such office.  It also violates Amendment 21 of the state constitution relating to uniformity in county government.

 

AGO 1954 NO. 213 >

Assessments may not be levied for 1954, payable in 1955, for the support of a fire protection district where the election to ratify the creation of the district will be held March 9, 1954.

AGO 1954 NO. 354 >

State may only reimburse a flood control district for 50% of the amount expended for flood control maintenance under a contract for state participation between the department of soil conservation and development and the flood control district.