Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1974 NO. 1 >

The provisions of § 4 (1), chapter 202, Laws of 1973, 1st Ex. Sess., do not prohibit persons obtaining specific investigative information regarding organized crime activities by reason of their public employment with the state of Washington or its political subdivisions from divulging that information to nonlaw enforcement agencies such as mayors, city councils, licensing departments, legislative committees or other regulatory bodies when called upon to do so in the performance of their official functions and duties.

AGLO 1979 NO. 1 >

Neither RCW 66.28.010 nor RCW 66.28.020 prohibit a person who has a contract vendor's interest in a restaurant holding a retail liquor license in the state of Arizona from legally serving as a licensed agent of a wine wholesaler and importer in the state of Washington.

AGO 1979 NO. 1 >

Although the privilege from arrest in Article II, § 16 of the Washington Constitution extends beyond the term of a legislative session, it relates to the possibility of civil arrest only and is not a privilege from arrest for the commission of a crime; therefore, Article II, § 16 does not preclude the arrest of a member of the Washington State Legislature for the commission of a traffic offense within the purview of RCW 46.61.010.

AGLO 1982 NO. 2 >

The department of Social and Health Services is not authorized to provide and pay for tax deferred annuities for those employees of the department eligible for such annuities pursuant to § 403(b) of the Internal Revenue Code;  however, those employees may be covered by the state deferred compensation program authorized by RCW 41.04.250-41.04.260.

AGO 1972 NO. 2 >

(1) The Washington state parks and recreation commission has the authority, under RCW 43.51.680, to regulate the times and places where automobiles may be driven on and along the ocean beach highways designated and established under RCW 79.16.130, RCW 79.16.160 and RCW 79.16.170. (2) The parks commission, in the exercise of this authority, may not totally exclude vehicular traffic from all such beaches at all times.

AGO 1990 NO. 2 >

1.  When the Governor appoints a Director of Wildlife pursuant to RCW 43.17.020, to serve at the pleasure of the Governor, and notifies the Senate as required by RCW 43.06.030, the Governor has exercised the power of appointment.  The appointment is complete and effective unless the Senate rejects the appointment pursuant to RCW 43.06.092. 2.  If there is a vacancy in the office of Director of Wildlife, RCW 43.17.040 allows the Governor to make a temporary appointment by either leaving the chief assistant in charge of the department or appointing an acting director.  RCW 43.17.020 prohibits the Governor from leaving such a temporary appointee in charge of the Department of Wildlife for more than one year. 3.   If a Director of Wildlife, who is not a temporary director and has not been rejected by the Senate, resigns the office, the Governor may immediately reappoint the same individual to that office.

AGO 1959 NO. 2 >

The legislature may not provide for the use of the principal assets of the permanent common school fund, scientific school permanent fund, university permanent fund, normal school permanent fund, agriculture college permanent fund, Millersylvania Park fund and C. E. P. & R. I. fund for capital outlay or current operations.

AGO 1977 NO. 2 >

Under present state constitutional provisions, it is now permissible for county commissioners to receive a legislatively granted mid-term salary increase resulting from an upward reclassification of their county and the commissioners may, constitutionally, adopt appropriate budgetary amendments to fund such salary increases.

AGLO 1980 NO. 2 >

The failure of a newly elected county clerk to execute and furnish an official bond pursuant to RCW 36.16.050 does not cause a vacancy in the office to exist pursuant to RCW 42.12.010; instead, such omission merely bars the newly elected clerk from qualifying and, thus, continues the term of his or her predecessor who, however, may, by resigning or refusing to serve, cause a vacancy to come into existence.

AGLO 1977 NO. 2 >

Because of the definitions of certain key terms in RCW 80.50.020(17) it is not possible to determine in advance of the commencement of operation whether a certain proposed project of the Mobil Oil Company in Whatcom county will be such as to be subject to a requirement of site certification under the provisions of chapter 80.50 RCW (the state siting law).