Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1972 NO. 16 >

(1) A sewer district may levy special assessments for local improvements against county-owned real property which is specially benefited by the improvements. (2) A county whose property has been placed on a sewer district's special assessment rolls is precluded from objecting to the inclusion of such property on the basis of an asserted lack of special benefit where it has failed to comply with the procedures set forth in chapter 56.20 RCW for raising this issue, notwithstanding its nonreceipt of actual notice of the contents of the assessment roll, where the notice required by RCW 56.20.040 was properly given by the district.

AGLO 1979 NO. 16 >

RCW 52.12.090, rather than RCW 42.30.080, governs the calling of a special meeting of a board of fire protection district commissioners; accordingly, such a meeting may be called ". . . by a majority of the commissioners or by the secretary and chairman of the board. . . ."

AGLO 1973 NO. 16 >

Chapter 63, Laws of 1972, 2nd Ex. Sess., provides the exclusive method for annexing the whole of the Fort Lewis Military Reservation to either Dupont-Fort Lewis or Clover Park School District.

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 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 1967 NO. 17 >

A member of a local school district board of directors may be nominated for the position of community college district trustee under the community college act of 1967, chapter 8, Laws of 1967, Ex. Sess.; however, if he is appointed to the board of trustees of a community college district he can no longer thereafter serve as a school director.

AGO 1982 NO. 17 >

In view of restrictions contained in the 1981-83 appropriations act, as last reflected in chapter 50, Laws of 1982, 1st Ex. Sess., school districts are not legally permitted to grant salary increases (other than as permitted by RCW 28A.58.095(3)) for the 1982-83 school year prior to June 30, 1983, except in the case of those employees who are covered by contracts entered into prior to April 20, 1982 which entitle the subject employees to salary increases during the 1982-83 school year prior to June 30, 1983.

AGLO 1973 NO. 17 >

Alternative procedures available for procurement of group life insurance for employees of a fire protection district under RCW 48.24.020 and RCW 52.08.030.

AGO 1977 NO. 17 >

(1) The restrictions upon the use of excess property tax levy revenues for salary increase purposes imposed by § 4(3) of chapter 325, Laws of 1977, 1st Ex. Sess.  (the "levy lid act") also apply to revenues from levies authorized prior to the effective date of the act which either (a) have not yet been collected or (b) have been collected but were not yet disbursed or obligated for salary increase purposes, as of the effective date of the act.  (2) School districts may use other funds appropriated by §§ 96 through 109 of Chapter 339, Laws of 1977, 1st Ex. Sess. (the 1977-79 biennial appropriations act), or any non-state appropriated funds (such as receipts from the one percent tax on real estate transactions) which are legally available for the payment of salaries, to increase salaries of certificated or classified employees beyond the increases specifically funded by subsection (1) of § 96 of Chapter 339, supra .

AGLO 1981 NO. 17 >

Resolution of several legal issues relating to the simultaneous receipt, by school district employees, of sick leave under RCW 28A.58.100 as amended by chapter 182, Laws of 1980, and workers' compensation payments under the state Industrial Insurance Act pursuant to a negotiated collective bargaining agreement.